1989R18- CODE OF CONDUCT
RESOLUTION NO. ~-}?-~
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A RESOLUTION
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, ADOPTING THE CODE OF CONDUCT OF THE
SCHERTZ POLICE DEPARTMENT.
WHEREAS, the conduct of members of any law enforcement
agency is closely scrutinized by the general public; and
WHEREAS, the need to set standards of conduct to gUide
members of the Police Department is recognized; and
WHEREAS, the adherence to a proper set of standards
relating to personal and professional conduct by each member of
the Police Department will promote efficiency, discipline, and
good public relations; and
WHEREAS, the intent of the Code of Conduct is to set
those standards; and
WHEREAS, the Code of Conduct will form the basis for
administrative sanctions in the event of improper action or
breach of discipline by a member of the Police Department; NOW
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT the Schertz Police Department Code of Conduct as
promulgated by the Chief of Police be adopted and made a part
hereof; and shall be reviewed and amended in accordance with
Section 9.2 of the Code of Conduct.
PASSED, APPROVED AND ADOPTED this the~day
1989.
ATTEST:
(SEAL OF CITY)
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SCHERTZ POLICE DEPARTHENT
CODE OF CONDUCT
CHAPTER 1- AUTHORITVANO,PURPOSE
1.1 The Code of Conduct of the Schertz Police
Departlent is prolulqated by the Chief of
Police by authority of City Ordinance NUlber
134 of the City of Schertz, 1966, as a.ended,
and ta,es precedence over other regulatory
directivES.
1.2 The intent of the Code of Conduct is to set
standards for the conduct of mEmbers of the'
Police Deparhent, both on and off duty,
which will prolote efficiency, discipline,
and qood public relations,
This directiye will for. the basis for
administrative sanctions in the event of
improper action or~_breach of discipline by a
member,
1.3 The term 'sworn .e.ber~ shall apply~to those
employees who are full-ti.e paid or reserve
police officers functioning in that capacity
for the City of Schertz, The term 'non-sworn
.e.ber' shall apply to ciyilian e.ployees
while the term 'leiber' shall be inclusiye of
all eeployees and yolunteers of ~ the
Oepartment.
CHAPTER 11 - SCOPE
2.1 ihe applicable provisions of the Code of
Conduct shall be observed by all members of
the Department in order to maintain the
confidence, respect, and support of the
pubiic, other City departments, and members
of the Department.
2.2 Disciplinary action shall be unde, the
authority and responsibility of the Chief of
POirCE. Actions taken wi 11 be based on the
nature of the viiJl-ation, the degree of
severity of the violation, and the retard of
the offender.
2.3 Disciplinary proceedinqs aqainst a .ember are
ciyil actions and tile charqes need not leet
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precision or technicality requirements of a
criminal indictment, Disciplinary action, up
to and including terlination, may be taken
for any of the foilowinq:
~ A, conyiction d' a felony Dr other cri.e
inyolYing moral turpitude; ~
B. violations of a municipal charter
provision;
C. acts of incompetency;
D. neqlect of duty;
E. discourtesy to the public Dr to a fellow
employe. while the le.ber, is in the line ~
of duty;
F, acts showing Iacli of qood loral
characterj
6. drin,ing intoxicants or into,ication
while on duty or intoxication Ntile off
duty;
H. conduct prejudicial to good order;
l. refusal Dr neqlect to pay just debts;
J. absence without leave;
K. shirking duty or cowardice; or,
l,,;!iolation.,.,ofc. a9 applicable police'iJij,
" depart.ent ~rule or special order.
2.4 Heebers who haye completed a full si, lonths
of initial employ.ent probation and receiye
disciplinary action from the Chief of Police,
up to and including termination, lay appeal
the action of the Chief of Police to the City
filanager &
Such appeal shall be submitted in writing to
the City nanager within 10 days afte, the
date the "Iber receives written notification
froffi thE Chief of Police of the disciplinary
act'ion taken.
The City Manager shall hold a hearing and
render a decision within 2Q days after the
date the notice of appeal is received. The
City Manaqer's decision will be final and
unappealable.
2.5 New members not having served a full si~
months of probation .ay be removed or
suspended by the Chief of Police for any
reason.
The decision of the Chief of Police as
relates to discipline of new members is final
and ~nappealable.
2.b The promotion to a higher rank, or the
tran=-fer from one division, bureau, Dr
section to another, "ill fiat become official
untii the sUCCEssful completion of a six
month probationary period in the ne.
position. The promotion or transfer may be
rescinded at any ti.e, for any reason, during
this period by the Chief of Police whose
decision is final and unappealable.
Members wniJ have completed ii six month
prDhationary period in a new assignment
rEsulting from promotion or transfer and
receive disciplinary 'action up to and
including re~as5ignient, involuntary
desotion, or termination) shall have the same
appeal rights as noted in Section 2.4 of this
code.
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It shall be the duty of all .embers to take
corrective action andlor sub.it a .ritten
report, through proper channels, to the Chief
of Police whenever :~hey learn, thr~ugh",",
personal observation. Dr report, of any""
violation of the Code of Conduct, departoent
Of city rules, the ordinances and charter of
the City of Schertz, andlor laws of the State
of Texas Dr the United States by any .ember.
Members who fail to report violations in
accordanCE with this section are subject to
disciplinary action.
No mEmber shall be retaliated againstj or
prejudiced in any manner; for tfuthfuliy
adhering to this SEction.
2.8 No p~!'50n shall secure appointeent to the
Devartient by willfully misrepresenting or
Omitting, or otherwiSE concealing1 any
information obtainahie under law concerninQ
hisJher personal history, qualifications, Of
physical condition,
2.9 No lember shall procure appointment to the
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Department, snother positiDn within the
Depart.ent, Dr a higher rsnk within the
Departlent, by giving loney Dr anything of
value to another leiber in return for that
leiber's resignation or retirement fro. any
position nor shall a le.ber tau~e or allow
this to transpire on his/her behat!.
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No lembe, shall accept money or anything of
value fro. another leiber, Dr person acting
on behalf of that lember, for retiring or
resigning to allow that member to procure the
position vacated- by the retirement or
resignation.
2.IQ No sworn meaber may engage in a strike
against the City of Schertz. Any member
engaging in this type of activity shall be
auto.aticaliy discharged from the Depart.ent,
2.11
Members are bound to the sa.e laws as the
general public," Members also receive
specialized instruction in law specific to
their particular function within thE
Department and the written rules of the
Department and the City of Schertz.
ihereforeJ in the event of improper action or
breach of discipline by a memberJ it will be
presumed that the member was familiar with
the law or rule in Question.
2.12
AnY.".lelber who, by an. act _ Dr conduct,,,,,
attempts to violate or conspire to violate;~
any rule Dr poi icy promulgated by the
Departlent or the City sh.ll be subject to
the same discipline as though the actual
violation was accomplished.
CHAPTER III - UNIFORM, EGUIP~ENT AND
APPEARANCE
3.1 All members shall be subject tn, and must
[amply with, the UOltorm and appearanCE
standards prescribed by the Chief of PolitE
in order to maintain the image of a
departi2nt of highly trained members who
demonstrate disciplined cDnduct,
regimentatiorlJ and strict adherenCE to
regulation and authorized detail.
3.2 Unifor.s shall be kept neat, clean, in good
repair, and well pressed at all times. While
wear i fig the uniform, Dff icers sha 11 mal ntai n
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a military bearing, avoiding mannerisms such
as slouching, Shuffling, and keeping hands in
pockets. The unifor. hat of the season shall.
be Morn at funerals, special events during
Mhich the Flag of the United States may pass
in revieM, or any other event during Hhich
the Hearing of the flat is _ordered by_
competent authority.
3.3
Norlally .e.bers shall Hear the duty unifor.
on a tour of duty. However, supervisory
officers .ay prescribe other clothing to be
worn as required by the nature of the duty to
Hhich a particular lelber is assigned. Other
than this exception .e.bers will strictly
adhere to the departmental dress code. .
3.4
Off-duty lelbers who are visiting or
conducting business in a deparhental
facility should dress conservatively without
projecting a stereotyped ilage of any group
of persons whose lifestyle is contrary to the
high ethical and loral standards of law
enforcement officers,
3.5
No lember, while in unifor., shall carry an
umbrella,. cane, or si.ilar object or wear on
the unifor. any itel not specifically
authorized by Hritten order of the Chief of
Police,
3.6
SHorn .e.bers shall be in possession of their
badge and identification at all ti.es Hhen in
public in the City of Schertz except Hhen in
~n undercover capacity or in special attire,
e.g., SHim suit, exercise clothing, etc,
Sworn members in uniform shall display the
badge appropriately on the uniform whether in
an on-duty Dr off-duty capacity.
Sworn members in plain clothes, whether in an
on-duty Dr off-duty capacity, shall not
display the badge unless necessary for
identification purposes during a police
function: The badgE is not to be used for
personal identification, E,g" cashing
ChECks, credit purposes, etc.
3.7 SHOrn members must be armed while on dutv in
the City of Schertz. Off-duty SHorn me.oers,
other than .e.bers of the Reserve Battalion,
should be armed at all ti.es in public in the
City of Schertz unlESS _ prohibited by
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circumstance (dress,' orders, environment,
etc,) or other provisions of this Code.
Weapons carried-on or off duty - .ust be of a
calibre and .ake approve{ by the Firearms
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3,B No SHorn .eiber, Hhen, 'dressed.ii/i- chilian - --,
clothing, shall Hear a Heapon in ,such a
.anner as to attract attention or be in open : ..,il,
vieH of the public except as dictated by
ci rcu.stanc e,
3.9 No me.ber shall Hear the uniform, be armed or
. carry the badge or identification card Hhile
under suspension. _" _
3.10
Improper or negligent handling of, or willful
damage to, City-owned property is a violation
of this Code,
3.11
Members who lose, damage, or destroy any
equipment issued by the Depart.ent .ay be
required to make restitution it the 1055 Dr
da.age is Hillful or the result of
negligence,
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Members making restitution in accordance Hith
this section .ay ,ake paYlents .5 agreed upon
by written agreeoent with the Chief of Police
or have specific alounts deducted on a
payroll deduction basis. The atount of
payroll deduction agreed upon shall not cause
a leiber's salary to be 10Her than the
lini,ul Hage as required by laH.
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3.12 Members shall pro.ptly report the need for
repairs of any City-owned property issued to,
used, or possessed by, theo through channels
to the Chief of Police.
3,13 No member shall alter, repair, or in any way
change, add to, or remove any parts or
accessories of any City-owned property
without perlission of the Chief of Police.
This includes buildings, office equipment,
,achines, clothing, firearls, cOllunication
equip.ent, and lotor vehicles.
CHAPTER IV - PROFESSIONAL CONDUCT AND
PERSONAL BEARING
4,1 Dereliction of duty on the part of any le.ber
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detrilientai to the proper, prDfessianal
functions of the Departoent is cause for
disciplinary action. The offender .ill be
punished based on the severity of the
violation, the nature of the violation, the
results, or potential results, of said
dereliction, and the effect it has upon the
discipline! qood order, and best interest of
thE uepartmer.t. The folitll'ling subsections
constitute dereliction of duty:
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A. failure of a supervisor or commanding
officer to immediately take action .hen a
violation of rules or regulations comes
to his\her attention, regardless of the
supervisof~S Of violator's assignment or
rank within the Departientj
B. failure to observe and give effect to the
policies of the Department:
C. failure to deliver to proper authority
any property found by, confiscated by, Dr
reiinquished to, members of the
Departffient without undue delay or prior
to the end of the member's tour of duty
during which the property "as received;
u. failure to deliver evidencE! to proper
authority or place it in its Qffici~lly
designated place for preservation and
stnragej
E. failure to courteously give name and ID
number to any person upon reque!t except
in circumstances .here the divulgjj1.!l of
this information .ould be detrimenfa! to
the melber's safety Dr the success of an
official operation;
F. being under the influence of drugs or
being a user of drugs .hen such drugs are
ilot prescribed by a physician or dEntist
or taking drug. in a ianner not
prescribed by a physician or dentist;
6. unnecessary violence towards any person;
H. disrespect shown to a nOn-5~iJrn
supervisor, supervisory officer,
commanding officer, or subordinate;
t. use of indecent, profane, discrim-
inatory, Of sexually harassing language
whi 1 E on duty;
J. acceptan~e Dr agreement to accept Ii gift,
emolumEnt, loneYt thing of value,
testimonial, appointtent or personal
advantage, or the prolise or solicitation
of same for the purpose of obtaining
special privileges Of personal gain by
the donur or other person;
K, co.ardice Dr failure to perform duties
becaUSE of danger; Of,
L. any action .hich places any. person In
greater danger' than necessary for the
proper performance of the member's
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4.2 Members shall not engage in any conduct .hich
constitutes conduct unbecoming to the
.elber's position or neglect of duty.
4.3 No lember shall engage in any persor,al
conduct or act .hich, if brought to the
attention of th~ public, could result in
unfavorable-criticisl of that member or the
Department. No lember shall be personally
involved in disturbances Of police incidents
to his\her discredit,
4.4 "embers shall treat superior lelbers,
subordinatesJ and associates with respect.
They shall he courteous and civil at all
times in their relationships .ith one
another. Nhen on duty in the official
discharge of business memb,rs should be
referred to by rank when applicable.
4.5 Memhers shall not publicly criticize or
ridicule the Department, its pGliciEs~ or
other employees of the City of Schertz by
talking, .riting, or expressing in a lanner
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H. is defamatory or discrilinatory:
B. is obscene;
C. is uniawful; or,
D, tends to impair the operation of the~
Department by interfering with the
abiiity of supervisors to maintain
discipline, or by a reckless disregard
for the truth,
4;6 No member shall at any time ridicule, mock,
deride, taunt, or belittie any person.
Neither shall the melDer wilifuiiy embarrass,
humiliate, nor shame any person nor do
anything .hich might incite any person to
violence.
4.7 No .ember shall conduct thelselves in any
City offices in a lanner .hich .ouid
discrenit the Department.
4.8 No !/lHbEf shall ~ngage in any furm of
ga~bli1'!g in ar;y City-owned facilities Dr
public are.s.
4.9 No oember shall use loud, indecent, profane,
or discrioinatory language in the presence of
the public. ihey shall be courteous and
civil to thE greatest extent possible in
dealing .ith the public.
4.10 'Horseplay' or the playing of oranks whilE in
public or in City facilities which may prompt
a dangerous or otherwise negative reaction
from any recipient, or elicits a responSE
from another City departfent or agency, is
prohibited.
4.11 ND member shall solicit any funds for the
purpose of buying a gift for any ie~DEr of
the Department. However, members may solicit
nominal amounts from members far gift; for
retiring ffllow city employees, flOWErs for
funerals Of dIness!?s of fellow city
employees Dr th~ir families, or for Dther
special circu~stances with periisslon of the
Chief of FolicE.
4.12 No-member iay accept any money or gifts from
any type of solicitation except as stated
above,
4.13. "eobers shall not, under any circuostances,
solicit any gift, gratuity, loan or fee .here
there is any direct or indirect relation
b~tween the solicitation and departeental
membership except as provided by lawand
approved by the Chief of Police.
4.14 Mernhers shail not accept! Eitner directly or
indirectly, any gift, qratuity, reward, loan,
feEl discount, rebate, or special
consideratiuf1 arising from, or offered
becaUSE of, departmental Employment or any
activity ~;sociated with such employment that
light rEasonably tend to influence thE m2moer
in the Qffi~ial discharge of duties.
4.15 No iElter shall receive any gift or gratuity
froll lIel~Ers -junior in rank ~itr,cut,,-the
express permission of the Chief nf PoliCE.
~.lt Members 5h~il n~t buy anything from, or sell
a~ytniflg to, -arry cO!!iplainant, si!spect}
witness, oefenGaot) prisoner, or ~ther person
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involved in any incident coming to their
attention through their employment with the
Departlent, nor can they act as an
intermediary in the payment of. a reward for
the return of stolen property without prior
authorization of the Chief of Police. ihis
does not prohibit legitimat~ business
transactions but deais .ith those
transactions in which a conflict of interest
~ay arise.
4.17 Any reward paid Dr ser,t to any member shall
be promptly forwarded through channels to the
fiffice of the Chief of Police who shall cause
it to be depositEG in any. fund from which
aepartmental elployees derive benefitJ or as
otherwise directed by the City Manager.
4.18 Uniformed members shall render a military
salute to the United States Flag and National
Anthem at appra~riate tiles. Members in
civilian dress shall render proper civilian
hOnDrs.
CHAPTER V - RESPONSIBILITY AND GENERAL
CONDUCT ON DUTY
5.1 Far the purpOSE of protecting life ana
property, members should always be prepared
to act any tiie circumstancEs indicate their
services are required within the City of
Schertz. Conscience and good judgEoent
should dictate a member's actions when
outside the jurisdictional boundaries of the
City of Schertz.
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Members shall respond without delay to all
calls for assistance frot citizens or other
members. Emergency calls take precedence.
However, all calls shall be anSWEred by field
units as soon as possible consistent with
normal safety precautions, traffic laws, and
departmental proceDurES. Except under the
most extraordinary circumstances, or when
otherwise directed by competent authority, no
member shall fail to dispatch or answer any
call for service received.
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Within the City of Schertz, mEmbers shall at
all times take appropriate action within the
scope of their employment Dr appointment to:
A, protect life and property;
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B. preserve the peace;
C. prevent cr imej
D. detect and arrest violators
and,
E. enforce all federal, state,
laKsfordinancEs coming
departmental jurisdiction,
of the la'j
and local
within
The above shall not be construed to include
enforce.ent of la.s of a Class C misdemeanor
nature or traffic enforcement .hen off duty
elcept when fallure to act may result in
im.inent serious injury or death to the
member or anDther person.
5.. The ranking on-duty supervisor of the
division having primary responsibility at the
scene of any incident shall be in charge and
responsible for the proper conclusiDn of that
incident unless relieved by a superior
. officer. In the absence of a 5upervisor~ the
senior officer present shall be in charge and
responsible for the handling of the incident,
The responsible IEIDer shall remain at the
scene until surh time as the incident is
under control, is being handled properly in
accordance .ith existing pelicies, and
sufficient instructions have been issued to
result in the proper conclusion of that
incident,
5.5 Members shall, at all ti.es, respond to the
lawful orders of superior .e..ers and other
proper authorities as .ell as requests for
assistance from citizens. Memoers assigned
to special duty are not relieved froo acting
outside the scope of their specielized
assignment when necessary. All members shall
perform their duties as required or directed
by law, departmental rule, policy, or by
order of a superior .ember.
5.b Failure or deliberate refusal of any oember
to obey a lawful order given by a superior
memDer) or a member given temporary authority
to give any sucn order, shall be l:onside!"ed
insubordination.
5-.1 Me6bersue required - to tare appropriate
action to aid a feliow lember exposed to
danger or in.a situation where danger might
be i.pending.
5. B The on duty hc~rs cf all 'Emben shall bE
regulated by the Chief of Police in
accordance with the law.
5.9
No lember shall be absent without leave
either by failing to report for duty at the
time and place of duty or the leaving of a
place of duty or assignment without proper
authorization. ~.
5,10 "embers shall report to roll call at the
time/place specified in proper dress and
equip.ent. Careful attention to
orders/instructions shall be given, avoiding
unneCEssary talking or movement.
5,11 It shall be the responsibility of each oember
who cannot report for duty for any re.son to
notify their supervisor at least one hour
prior to their reporting time. ~embers must
give a telephone number and address where
they can be reached during their normal tour
of duty.
5.12 "e.bers shall furnish the Departoent a
telephone number and address at which they
may be re.ched in the event of an elergency.
Any changes in address or telephone number
shall be furnished the Department in a lanner
prescribed by current orders within twenty-
four hours of such change.
5.13 When members will be unavailable at their
listed telephone nuobers and address for
extended periods such as vacation, etc" they
shail notify their supervisor of any
information that might be useful in locating
the. in the event of an e.ergency.
5,14 Meobers shall not work at any outside or
extra duty employment .hile on sick leave, on
injured-on-duty leave, or on 'light duty' as
directed by a doctor.
5.15 Members shall reiain alert, obSErvant, and
occupied with official business during their
taur of duty, devoting their entire time and
attention to departmental business.
5.16 Me.bers are prohibited from engaging in the
following activities while on duty:
A, sleeping, loafing, or idling;
E. recreatioi'ia; re~ding except during
breai::s;
C. conducting private business;
u. drinking intoxicating beverages except in
the performance of a police duty with the
specific consent of a commanding officer,
and never in uniform;
E, gambling e.cept .s in Di or,
F, any sexual conduct.
5,17 Members are prohibited from following any
other vocation which may conflict or
interfere with their responsibility to the
Departoent and may not hold . deputation or
commission from any other laK enforcement
agency .
5.18 Members shall promptly submit reports
required in the performance of their duties
or by competent authority.
5.iv Undercover poliCE investigations shall not be
coma~nced without supervisory approval.
5.20 A member shall not consume intoxicants while
off duty to the degree such consumption
creates physical andfof mental impairment
ihang-overi on th, memb,r's n,.t tour of
duty.
5.21 No member in uniform shall purchaseJ be
under the influence of, Dr drink
intoxicant!> while on or off duty.
5.22 Members shall not bring or keep intoxicants
on d,partm,ntal premises except that which is
to be .properly id2ntified and stored
according to policy.
~.23 The USE of tobacco in any form or chewing gum
during personal contacts with citizens is
discouraged. The discretionary us, of eithe,
is allowed whefi no mE!ner of the public will
be annoyed Of inconvenienced.
5.24 Members on duty Dr in u~ifQrm shall not enter
taverns, lounges, li4U:~ stQres~ Qf th;2tersf
except to perfDrm . ~n offir:i~l function.
Loitering ana unnec~55ary convers~tiGn or
visiting in any public place is forbidden.
5.25 No eApenditur~ of ~on~i shall be IcOe or
liability incurred in the name of the City of
Schertz or thf D=Filrhent Except as
authorizec by cuffi~Etent authority.
5,16 No memb.r shall a!lo. any person to enter the
police facility whose purpose is to sell
goods, offer them for sale, canvass, or
solicit for any.purpose without. permission of
the Chief of Police.
CHAPTER VI - PROTECTION OF PRISONERS,
THEIR RIGHTS, AND THEIR
PROPERTY
6.1 No arrest may be effected nor searches of
premises, vehicles, or persons made without
warrants of arrest or search except ~here
authorized by law.
6.1 The rights of all persons in custody shall be
protected. Members are prohibited from
abusing, either physically or verballYl any
p,rson held in custody.
6.3 No .e.be, shall falsely arrest, ioprisoo, or
direct any malicious prosecution against any
person.
6.4 No .ember shall willfully mistreat, give
inhumane treatment, ar use any unnecessary
violence against any person.
6.5 Only such force as is neCEssary to effect an
arrest shall be used against any person.
c.b Deadly force, as defineti in the iexas Penal
Code, shall only be used in the protection of
human life, either a member's or another's.
Deadly force shall not be used in the
protection of property while acting on the
behalf of another. This SEction dOES not
remove a ie!ber~s right to protect his own
home and property in accardance Kith the
Penal Code af Te~as.
b.7 Any member who has lest, damaged, or
destroyed any property Of equipment bEIGnging
to a person in custody or ~hich has co~e into
the meffiber!s p05se5sion by reason of office
may be required to ~akE r2stitution andlor
faCE disciplinary action if the loss or
da~age iswillfu18f thecresult.Df negligence
on the part of the ~ember.
REstitution snaIl be in accordance with
Section :.11 of the Code of Conduct.
CHAPTER VII - CIVIL, CRIMINAL, JUDICIAL, AND
INVESTIGATIVE ACTIONS
7.1 The Department has jurisdiction in cri.inal
cases only. ND sworn member may render aid
or assistance in civil cases e,cept to
prevent an im.ediate breach of the peace.
Members may inform any citizen, upon request,
that they .ay contact an attorney or a judge
of a court having civil jurisdiction for
inforoation on instituting civil actions,
7.2 No .e.ber shall investigate any cri.inal case
Qr personally file any criminai charges in a
court of law alJainst any person for a
criminal offense cOlmitted against him/her or
any family me~b€r except Class C lisdemeanors
occurring in the le~bErls presence while on
duty. Other offenses that eay be co.mitted
against a member Of a member of hislher
family shall be reported to the Department or
other agency having responsibility. for thE
investigation and case filing of such
offenses.
7.3 Members shall be truthful at all times}
whether under oath or not, when conducting
official business.
7.4 Meibers shall answer questions by, or render
material and relevant statements to, a
competent authority in a departmental
personnel ir.vestigation when so directed,
].5 No .e.ber shall willfully oisrepresent any
eatter, sign any false statement Dr report,
commit per jury, or give falSE testimony
before any court, grand jury, bnard, official
heaFin9~ or departmental hearing.
7.6 No m2mbeF shall knowingly falsify any report,
document, or rEcord, Dr caUSE to be entered
any inaccurate, falSE, or improper
infofsation on records, documents, Dr reports
of the De~aftment Of of any court, or altE~
any record, document, or report except by a
suppleffi2fital recordf OGCUient, or report. No
member shail reiove or destroy, or caUSE the
removal or destruction of any report,
document, or record Mithout authorization.
7.7 Meiters lust be preserlt and available to
testify in any criminal court Dr beforE any
grand jury in B;xar J COlal, or Guadalupe
Counties when officially notified to appear.
In crioinal cases outside these counties and
in all civil cases members shall respond to a
legal subpoena only,
7.8 Me.bers who, for a valid reason,_ are unable
to answer an official su.mons must be excused
by the court or grand jury prior to scheduled
appearance ti.e. The reason for the excused
absence shall be reported in writing on the
next working day to the .e.ber's super9isor
outlining the reason for the absence and the
name of the court official e~cllsing the
member.
7.9 Any .ember who is subpoenaed or volunteers to
testify for the defense in any criminal Dr
civil trial or hearing against the City of
Schertz Dr the Depart.ent shall notify the
Chief of Police in writing upon receipt of
the subpoena or af intention to testify prior
to appearanCE as a witness.
"7 1(,
l..,.
No memher snaIl accept a fee as a witness in
a criminal case prosecuted in the state or
lIunicipal courts of Benr, Coul, or
Guadalupe Counties. Kembers may accept
witness fees in criminal caSES prosecuted
outside these counties or in civil courts as
prescribed by law,
].11 Me.bers shall not engage in any of the
following conduct:
A. interfering with the service of lawful
process;
B. interfering Kith attendance Dr testimony
of witnesses through coercion, bribery,
or other lIeansj
c. attempting to have any Notice to Appear
or traffic citation reduced, voided, or
stricken from the caler.dar without
approval of the Chief of Police;
r,. reCO!!ffiEncing a dismissal, reduction of
chargesj Of other disposition of a
pending criminal caSE previously filed in
any crilinai court or before any grand
jury except by writter. approval of the
COlmander of the Criminal Investigation
Bureauj Of,
E. taKing any action interfering with the
efficiency or integrity of the
ad.inistration of crioinal justi"e or
"
havir,g tniJwledge of su.ch interfErencE and
failin~ to infDr~ a superior officer in
writing.
7.12 "embers shall not suggest, recom.end, advise,
or otherwise cmHisel the retention of any
attorney or bondsman to any person coming to
their attention as a result of official
business except wnefi a relative or personal
acquaintance of thE member seeks such advice.
I n no case may a mEmber accept a fEe,
gratuity, or re.ard for having given this
advice.
7.13 No memher shall give any lawyer, bondsman OF
agEl1t of either, Of any ather person,
unauthorized information regarding prisoners
in confinement, property in custody, or
records covered in th~ state OF federal
privacy acts unless authorized by law.
7.14 Members 5t~11 not furnish taii Df act as a
principal or surety on -any bail bond Dr bail
bono application for any person in a criminal
caSE Ei:cept illEffihers of their immediate
families.
7.15 Nomemoer shall reveal any confidential
informatiDn to anyone unless authorized tu do
so and then only to a person Of persons
authorized to receive such confidential
inforoation.
7.16 No .ember shall make inown information
concerning the progress of an investigation,
a known Of reportEd law violation, a
condition ~gainst which actiGn is tD be taken
at a future time, any proposed operation, or
any information cQvered by privacy act
standards to any person nntauthoriled to
receive it.
7.17 Me~bers shall not communicate in any manner,
directly or indirectly, any infDT~atian ~hich
ffiay assist persons guilty Of accused of
criminal or quasi-criminal acts to escape
arre;t or punishmEnt or which may En~ble the~
to di:pose of or secret any evidence of
ti.~Iawfll! activity, money,_ lerchandise-, .or
other property unlawfully obtained.
7.18 No mEmber shall rei~a5E any police report,
~OriCE !'eton~s, arrest record, pr:::s2cution
repc:rt, cri!inal hIstory. filE, lug shot
picture, or other record, to any per.son or
agency not having a criminal iustice function
unless ordered by a lawful subpoena or
approved by the -Chief of POliCE,
CHAPTER YIII - PUBLIC ACTIYITIES
a.l While in uniform or on active duty, .e.bers
may not take an active part in another
person's political campaign for an elEctive
position,
a,2 For the purpose of Section a,l, a .e.ber
takes an active part in apolitical campaign
if the memoer:
A. .akes a political speech in support of,
or in opposition to, e candidate for
publ ic OffiCE;
B, distributes a card or other political
1 i tecature in support of, or in
opposition to, a candidate for public
office;
C. writes a letter in suppart of, or in
opposition to, a candidate for public
office;
U, signs a petition in support of, or in
opposition to, a candidate fOf public
officE;
E, actively and openly solicits votes in
support of, or in opposition to, a
candidate for public office in any .annEr
including talking, placing signs, wearing
campaign buttons, etc.; or,
F. makES public derogatory remarks about a
candidate.
a.3 No member may be required to contribute to a
political fund or to render a political
service to a person or a party. No member
may he removed, reduced in classification or
salary, or otherwise prEiudiced for refusing
to contribute to a pDlitical fund or to
render a political serviCE.
Any effort by any person to involVE a iember
in this tYPE of activity is to be reported,
in writi~g, to.thE.Chiefof Police.
8.4 No fiEmner shall become a !!iellioer of any
organization, asso:iation, movement, Of
group, which advocates Of approves the
commission of acts of force or violence to
.
=
ueny others their rights under tree
Constitution of the United States Of the'
State of Texas, or which seeks to alter the
for. of qove,n.ent of the United States or
the State of Te,as by unconstitution,l .eans.
a,5 No memoe, shall participate in any type of
disruptive protest demonstration nor shall
any mEffiber ad as a spokesperson,
representative, or agE!nt for any group
enqaqed in, or planninq to enqaqe in, any
type of dis,uptive protest de.onstration.
B,b E,cept within the line of duty, no .e.ber
shall associate-. with pEfsons_o{ i.lIlloral
character, convicted felons, or other persons
.who habitually commit viulations of la~.
Ims does not preclude 13; member from
associating with immediate family members if
they are included in the aforementioned
categories.
8.7 Members shall not permit their names Dr
photographs to be used to endorse any proDuct
or service which is in any ianner connected
tllth the police profession without the
permission of the Chief of Poiice. Members
shall not, without prior approval, allow
their names or photographs to De used in any
commercial testimony which alludes to their
position or e.ploy.ent with the Depart.ent.
8.8 Debts - incurrence and payment:
A. - members shall net solicit subordinate
mEmbers to co-sign or endorse any
prolissory note or other loanj
B. .e.be,s shall pay all just dehts or leqal
liabilities incurred by thea.
CHAPTER IX - EFFECT lYE DATE, AMENDMENTS, AND
YALIDITY
9.1 This Code will become effective with the
pass:ng of a resolution by the City CQuncil
of the City of SC~lertz.! Te1:asl ana ;~!~ll be
reviewed by each succeeding City Council to
enswre itslalidity.
9.2 The City Council, in its resolutiDn of
acceptanc~ of the Code, shall recogniZE the
neefi for updating of the Code and shall
instruct the Chief of Police, with approval
.
of the City Manager and the City Attorney! to
amend the Code as necessary and to notify the
City Council of such changes prlcr to their
effective date.-
9.3 Shauid any section) sentence,-:--clause, or
phrase of the Code be held to be invalid for
any reason, such decision shall not affect
the validity of the re.aining portions of the
Code.
N. W. Agee, SF.
ChiEf of POliCE