Manual of the St. Paul Police Department, 1923 — 7

GENERAL RULES FOR ALL MEMBERS OF THE DEPARTMENT

P. 147. Suspensions, Removals, Reductions.— Rule V, Sections 37 and 38 of the Civil Service Rules provide: For disciplinary purposes or after charges have been filed, heads of departments shall have power to suspend, without pay, any officer or employe for a period not exceeding thirty days, but successive suspensions of the person shall not be allowed. The Commissioner may investigate any such suspensions.

P. 148. When the appointing officer has good reason to believe that any officer or employe in the classified service appointed by him has given cause for his reduction, either in rank or compensation, or for his discharge from the service, he shall notify said officer or employe in writing served personally or through the mails at his last known address, setting forth the charges against him, and shall inform him that unless the charges are explained satisfactorily he will be removed from the service or reduced, as the case may be. A copy of this communication shall at the same time be filed with the Civil Service Commissioner. If the accused considers the charges sufficiently specific, he shall reply thereto in writing within five days, and shall serve said reply upon the appointing officer personally, or send it to him through the mails, and shall also file a copy of said reply with the Civil Service Commissioner. Should he consider the charges not sufficiently specific, he shall within two days, in writing, ask the appointing officer for a bill of particulars, which shall be furnished by said appointing officer. After receiving said bill of particulars, the accused shall have three days in which to file the reply hereinbefore provided for. After receiving said reply, said appointing officer shall consider further said charges and said reply. He may make or cause to be made any investigation which he may see fit to ascertain the truth or falsity of the charges and the reply.

P. 149. After full consideration he shall take such action as in his judgment the case warrants, removing the accused officer or employe or reinstating him and declaring the charges unfounded. This decision shall be in writing and shall be served upon the accused in the same manner that the charges are served and a copy must be filed with the Civil Service Commissioner. Service of this decision upon the accused shall constitute his discharge, reduction or exoneration as the case may be. The Civil Service Commissioner shall preserve as public records the charges, bill of particulars, reply, and order of discharge, reduction or exoneration.

P. 150. After the serving upon him of charges, or upon learning that charges are to be served and before they are actually served, any officer or employe in the classified service may in his discretion resign his position, and, unless he is guilty of crime or misdemeanor, no further proceeding shall be taken in the case. In case of resignation after charges have been filed with the Commissioner, the Commissioner shall use his discretion as to whether the charges will be made a public record, but they shall not be made public except through the Commissioner.

P. 151. The following are declared to be cause for removal or discharge from the classified civil service of the City, though charges may be based upon causes other than those enumerated, viz., that an officer or employe

(a) Has been convicted of a criminal offense or of a misdemeanor involving moral turpitude; or

(b) Has been guilty of an immoral or criminal act; but if such act is at the time the charge is being considered involved in a criminal proceeding before the grand jury or the courts, the officer or employe so charged may request that the investigation be postponed or continued, with his consent, until such time as the criminal proceedings are terminated, and such request shall be granted; provided, the officer or employe shall be suspended from duty during such postponement and provided he shall execute a waiver of all right to pay during said postponement period; and provided further that such officer or employe may have the hearing or investigation proceed, at any time on ten days' notice in writing, or

(c) Has willfully, wantonly, or through culpable negligence been guilty of brutality or cruelty to an inmate or prisoner of a City institution or to a person in custody; provided the act committed was not necessarily or lawfully done in self-defense, or to protect the lives of others or to prevent the escaped of a person lawfully in custody accused of felony or gross misdemeanor; or

(d) Has willfully violated any of the provisions of the city civil service law or the rules made in pursuance thereof; or

(e) Has been guilty of conduct unbecoming an officer or employe of the City; or

(f) Has violated any lawful and reasonable official regulation or order, or failed to obey any lawful and reasonable direction made and given by his superior officer, where such violation or failure to obey amounts to an act of insubordination or to a serious breach of proper discipline or resulted or reasonably might be expected to result in loss or injury to the City or to the public or to the prisoners or wards of the City; or

(g) Has been intoxicated while on duty; or

(h) Has contracted some infectious disease or has some physical ailment or defect which permanently incapacitates him for the proper performance of the duties of his position; or

(i) Has been guilty of an act which amounts to an act of insubordination, or to disgraceful conduct, whether such acts were committed while on duty or off duty; or

(j) Is wantonly offensive in his conduct or language toward the public or toward city officers or employes; or

(k) That he has solicited the vote of a member of the City Council for or against a proposed ordinance or resolution, or a proposed item in a budget, or an appropriation ordinance concerning his department, where such solicitation is charged and established to have been made elsewhere than at a public hearing of the City Council or of some committee thereof; or

(l) That he is incompetent or inefficient in the performance of the duties of his position (specific instances to be charged); or

(m) Is careless or negligent of the property of the City; or

(n) Has failed to pay or make reasonable provision for future payment of his just debts, due or owing by him, causing thereby annoyance to his superior officer or scandal to the service; or

(o) Has used or threatened to use or attempted to use political influence in securing promotion, leave of absence, transfer, change of grade, pay or character of work; or

(p) Has directly or indirectly solicited or received or been in any manner concerned in soliciting or receiving assessment, subscription, or contribution for any political party or purpose whatsoever; or has solicited, orally or by letter, or been in any manner concerned in soliciting any assessment, subscription, or contribution from any person holding a position in the classified service for any political party or purpose whatsoever; or

(q) Has been induced, has induced or has attempted to induce an officer or employe in the service of the City to commit an unlawful act or to act in violation of any lawful and reasonable department or official regulation or order; or has taken any fee, gift or other valuable in the course of his work or in connection with it, for his personal use from any person, when such fee, gift or other valuable thing is given in the hope or expectation of receiving a favor or better treatment than that accorded other persons; or

(r) Has been absent from duty without leave contrary to the rules of the Civil Service Bureau or has failed to report after leave of absence has expired or after such leave of absence has been disapproved or revoked and canceled by the Commissioner; provided, however, that if such absence or failure to report is excusable, the appointing officer and the Commissioner may ignore the charges.

Whenever in these rules "appointing officer" is used the term shall include, for the purpose of these rules, appointing body also, where the appointment is not made by an individual officer.

P. 152. Leave of Absence, Sick Leave. (a) Leave of absence from duty shall in no case be granted to an officer or employe who has been in the service of the City for less than three months immediately preceding his time of leave, except in case of absence on the grounds of sickness, disability or urgent necessity, in which case application for leave shall be accompanied by such proof of the same as the Commissioner may require.

(b) The head of the department may grant leave of absence from regular duty to an officer or employe who has been in the service of the City for more than three months; provided, however, that no leave of absence, whether granted, extended or continued, shall exceed one year, except as mentioned in subdivision (c) and (d) of this Section.

(c) The head of the department may grant leave of absence to enable an officer or employe to take an elective or appointive position in the City Service exempted from the classified service by Section 100 of the City Charter. Such leave may be granted for periods of one year and during the actual service of such officer or employe in such position.

(d) The head of the department may grant leave of absence because of disability or injury received in the performance of duty not due to the negligence of the officer or employe himself; and such leave may be granted for periods of one year and during the continuance of such physical disability.

(e) Unless specifically granted by charter or ordinance, no leave of absence shall be granted with pay for more than fifteen calendar days in any one year, except that the head of the department may also in his discretion grant an additional leave with pay not exceeding fifteen days in any one year when such absence is deemed necessary on account of sickness of the employe or death in the employe's immediate family; provided, however, that no such leave of absence for vacation shall be granted with pay to any person whose employment is not continuous throughout the year or who has been in the service of the City for less than six months. Leave of absence for disability may be granted with pay for such periods of time, not exceeding ninety days in any one calendar year, as the Council by resolution may authorize.

(f) Every leave of absence shall be subject to the approval of the Civil Service Commissioner.

P. 153. Absence Without Leave.—Rule 6, Section 42, of the Civil Service Rules provide: Absence from duty without leave, or failure to report after leave has expired or has been disapproved, or revoked and canceled by the Commissioner, shall be deemed a resignation of the employe on such leave, or cause for his discharge; provided, however, that if the officer or employe so charged shall show to the satisfaction of the Commissioner and the appointing officer that such absence or failure to report was excusable, the Commissioner may then permit his reinstatement.

P. 154. Reporting Sickness.—Sickness or injury, whether causing disability or not, shall be reported in person, if possible, or by signal box or telephone, without delay, to the immediate commanding officer.

P. 155. A. patrolman when disabled while on duty must summon the nearest available associate, or a civilian, have himself reported disabled and place himself in charge of a police surgeon and get whatever medical attendance may be necessary.

P. 156. Pay while on sick leave will be at the discretion of the Commissioner of Public Safety.

P. 157. An officer excused from duty on sick report will not leave his residence without the permission of a Police Surgeon, whose orders shall take precedence over those of any private physician.

P. 158. Any police surgeon must be granted access to the patient at any hour, and must be accurately and fully informed as to his condition.

P. 159. Any member feigning sickness or injury or otherwise deceiving a police surgeon as to his real condition, or any member sick, injured, or disabled through carelessness, improper, illegal or vicious conduct, gluttony or alcoholism, will be subject to suspension.

P. 160. Any officer who leaves his residence so as to avoid the visits of commanding officers or Police Surgeons, or who disobeys the orders of a Police Surgeon, will be subject to suspension.

P. 161. Members having any contagious disease in their families will immediately notify the Station to such effect by wire and will not report at their respective Stations.

P. 162. A member granted leave under this rule will be under supervision of a police surgeon and will not leave his residence nor report for duty until so ordered by the police surgeon.

P. 163. All members of the Department will provide themselves with a sick report blank to be filled out on the first day's sickness by your own private physician. Thereafter, a roundsman or sergeant having charge of the District in which you live will visit your home each day, taking up the filled out blank the first day and leaving one to be filled the next day. As long as the sick leave continues a sick report from your own private physician will be required every other day until the fifteen days' leave is up.

P. 164. Orders Given by Aids.—On all occasions when bodies of the force are to act in concert, Captains, Lieutenants, Sergeants, and Patrolmen will obey such orders as the Chief may convey to them by such aids as he may select.

P. 165. On Duty at All Times.—Although the members of the force are by the rules and regulations of the service relieved at certain hours from the actual performance of duty on ordinary occasions, yet they are held to be at all times on duty, and must also be prepared, while relieved as aforesaid, to act immediately on notice that their services are required.

P. 166. Testimony, Information and Evidence Given, How.—Members of the force are required to speak the truth at all times whether under oath or not. In cases in which they are not allowed by the rules of the service to divulge the facts within their knowledge, they will say nothing. When called upon to give evidence, or make depositions, they are under the direction of the Court, and in response to question asked, they will state in clear and distinct voice, truthfully, all they know respecting the matter inquired of, without fear or reservation, and without any desire or design to influence the result.

P. 167. Witnesses before Grand Jury, etc.— Members of the force when in attendance as witnesses before the Grand Jury, or Courts, or in the Municipal Courts, must not leave the waiting room before they are called for examination or otherwise authoritatively relieved.

P. 168. Members of the force must not withdraw any complaint, unless permitted by the Chief of Police, or their commanding officer.

P. 169. Communications, Information, Letters, etc.—Members of the force or persons employed by the Police Department are forbidden to publish, or cause, or permit to be published, directly or indirectly, or to communicate by interviews, private letters or otherwise, except as required by the Chief of Police or by the rules of the Police Department, any information in regard to the Police Department, or concerning the acts or measures of any department of the Government, the City, State or the United States, or of any official institution.

P. 170. Information to the Press, How Given.—No member of the force, nor any person employed by the Police Department, shall act as a correspondent to a newspaper, discuss in public print matters pertaining to the personnel of the police service, or attempt to influence legislation in respect to the Police Department, without the express written authority and approval of the Chief of Police; provided, however, that the Chief of Police, the Captain of Detectives, or the commanding officer of each police district, may give out such proper information to the press that will not hamper or impede the proper working of the Department.

P. 171. Advice in Regard to Cases and Evidence.—Members of the force, wishing advice as to proper presentation of evidence in the courts or needing assistance in the presentation of their cases, will communicate directly with their commanding officer at the earliest possible moment.

P. 172. Courteous at All Times.—Each member of the force is required to be polite in his dealings with citizens, and respectful and policeman-like in his dealings with other officers; promptly and thoroughly obedient to others; alert and keen in his duties, and always endeavoring to learn his duties more thoroughly. Each member is required to restrain himself under annoyance and keep his temper under control; to say too little rather than too much; to remember that his duty is first of all to protect lives and property, apprehend criminals, and be the protector of all law-abiding citizens. In the performance of his duty he must maintain decorum, alertness, command of temper, patience, and be discreet. He must refrain from harsh, violent, coarse, profane, or insolent language, and when required, act with firmness and sufficient energy to perform his duty. Whenever a question is put to him by any person he is not to answer in a short and abrupt manner, but with attention; at the same time, while on duty, he is to avoid as much as possible entering into unnecessary conversation with anyone.

P. 173. Neat and Clean in Appearance.—Each member of the force when entering upon duty, will take special care to be neat and clean in his person and habits; his boots must be clean, and his uniform in conformity with the rules, and equipment must be ready for use, at all times. When in uniform he shall be carefully dressed, unless on account of the weather or other sufficient cause arising out of the immediate discharge of his duty his dress becomes soiled or deranged, in which case it shall be put in proper order as soon as circumstances will permit.

P. 174. Forbidden to Use Influence.—Members of the force are forbidden to solicit or sign petitions for or engage in efforts or use influence in aid of persons seeking appointment or promotion on the police force.

P. 175. Unnecessary Force Forbidden.—Members of the force shall not willfully maltreat or use unnecessary violence to any person, prisoner or otherwise. The baton shall not be used except when absolutely necessary.

P. 176. Arrests in Own Quarrels, How Made.—Members of the force shall not, except with permission of the Chief of Police, make arrests in their own quarrels, nor those of their families, except under grave circumstances.

P. 177. Interfering With Citizen's Business.—Members of the force are prohibited from influencing or attempting to do so, by threats or otherwise, the business of any citizen.

P. 178. Ranking Officer.—When two or more members of the force are on duty together, it shall always be understood that the man of the highest rank present or the patrolman longest on the force, is in command and responsible unless otherwise ordered.

P. 179. Riding on Street Cars.—Members of the force when riding on street cars in this city, and in uniform, are forbidden to occupy a seat in such car while any other person is obliged to stand because of lack of seats.

P. 180. Smoking.—Smoking while in uniform on the streets is prohibited except between 12 midnight and 6 A. M.

P. 181. Drinking Intoxicating Liquor Prohibited.—No member of the force shall, in the stations, or elsewhere, while on duty, or while in uniform off duty, drink any kind of intoxicating liquor, or (except while in the immediate performance of duty) enter any place in which any kind of intoxicating drink may be sold or furnished.

P. 182. Discharge of Fire Arms.—No pistols or other firearms, shall be discharged, exhibited, flourished, cleaned, loaded, or unloaded in any building, public or private place, or in any station, or headquarters, or school of instruction, except in the discharge of duty.

P. 183. Observance of Traffic Rules.—Members of the force when driving vehicles of any description must not violate the rules of the road, nor traffic regulations, except in cases of absolute emergency.

P. 184. Payment of Debts.—No member of the force shall sell or assign his salary or income, nor contract any debts or liabilities which he is unable or unwilling to pay; nor neglect nor refuse to discharge honorably and promptly pay all indebtedness, claims and judgment, and satisfy all executions that may be held or issued against him, while a member of the Police Department.

P. 185. Bone fide Citizens.—Members of the force are required to reside actually in the city. A mere voting residence will not be sufficient.

P. 186. Change of Address.—Whenever a member of the Department changes his place of residence he must fill out a residence blank, submitting same to his commanding officer twenty-four hours before moving.

P. 187. Residence Record.—Commanding officers will keep a residence record of all men assigned to their respective stations, submitting any changes of address to the Secretary to the Chief of Police.

P. 188. Police Property.—Whenever any of the equipment furnished by the Police Department, such as badges, keys, whistle, cap wreath, etc., is lost, the member losing same must advertise three consecutive times in a daily paper for the lost article, presenting the ads to the Secretary to the Chief of Police before said property will be replaced.

P. 189. Rewards and Presents.—Your attention is directed to Section 365 of the City Charter, which prohibits the acceptance by any member of the Bureau of Police of any money or thing of value as reward for the arrest of any person or the recovery of any property by a member of the Bureau of Police, without the written consent of the Commissioner of Public Safety.

P. 190. Whenever in the judgment of the Commissioner of Public Safety and the Chief of Police, the acceptance of a reward is deemed proper, such written permission to accept same will be granted only with the understanding that said reward is to be paid or turned over to the St. Paul Police Benevolent Association.

P. 191. Any violation of this Section of the Charter is classed therein as a misdemeanor and provides that the offending member of the Bureau of Police shall be removed therefrom and otherwise punished.

P. 192. Reports of Accident, Crimes, etc., to Commanding Officer.—Patrolmen on beats and other members of the Department are hereby ordered to telephone all accidents, crimes, attempted crimes, suicides, attempted suicides, fires, murders, robberies, holdups, street car wrecks, runaways or happenings unusual to police routine, whether verified or not, to the commanding officer of their district or department at once; then unless on special assignment, verify, get full details, names of injured and witnesses and again phone report as above.

P. 193. Emergency Cases, Immediate Report.—In all cases of emergency, such as a serious crime, a suicide, or an accident where persons have been killed or seriously injured, or a fire where there is a great loss or great loss is threatened, the officer learning of the same will immediately notify the Station in the district where the emergency has occurred.

P. 194. Lawyers, Members not to Recommend.—Members of the Department are prohibited from recommending to prisoners any bondsmen or the employment of any person as attorney or counsel and are forbidden to suggest or name any lawyer or other person to a prisoner with a view to his defense at any time.

P. 195. Memorandum Book.—Each member of the force shall at all times have with him a memorandum book in which he shall keep a record of persons arrested by him, cases handled by him; or any other matter that may be important, noting all important particulars, such as names of witnesses, complainants, etc. All such entries should be made as promptly as possible.

P. 196. Other Business Prohibited.—Each and every member or employe of the Department shall devote his whole time and attention to the business of the Department, and is expressly prohibited from following any other calling or occupation, or being engaged in any other business.

P. 197. Special Assignments.—All members of the force on special assignments must understand that such assignments do not exempt them from the performance of any duty which may require prompt police action, or from any other line of police work which may be required of them by their commanding officers when necessary. They shall report daily to their respective stations, unless the order of special assignment particularly provides otherwise.

P. 198. Special Details.—All persons applying for special details at balls, parties, weddings, etc., shall be referred to such officer as may be designated by the Chief of Police for making such details.

P. 199. Telephone Communications.—All complaints received over the telephone shall receive due consideration. If the subject is of an important and urgent nature, requiring the attention of higher officials, other than the Desk Sergeant or other officer receiving same, they shall be notified so that the matter may receive prompt attention. Should the cause of complaint be located outside the District receiving same, the proper District station shall be notified, so that the complaint may receive immediate attention. Desk Sergeants and others should exercise great discretion in giving out information concerning criminals by telephone except to members of the Department.

P. 200. Official Documents, Access to.—No person not a member of the Department shall have access to any official document or report, unless the same shall have been previously examined by the officer in charge thereof and given to such person under and by authority of said officer.

P. 201. False Reports, Prohibited.—No member of the Department shall make false official reports, or make a false report or gossip concerning a member of the Department either as to his personal character or conduct, or the business of the Department, to the discredit or detriment of any such member of the Department.

P. 202. Light, Fuel and Water, Economy in Use of.—Officers in charge of station houses must observe the strictest economy in use of light, fuel and water consistent with the comfort of the men, and they will be responsible for the care of the station house and the property therein contained.

P. 203. Detention of Prisoners.—Officers in charge of station houses shall not receive or detain any person in said station unless arrested by some person clothed with the proper authority to make arrests, or unless after investigation the officer in charge shall be satisfied that the person under arrest has committed an offense.

P. 204. Assistance in Civil Cases, Prohibited.—Members of the Department must not render any assistance in civil cases, except to prevent an immediate breach of the peace or to quell a disturbance actually commenced.

P. 205. Hours of Duty, When Not Regulated.—Members and employes of the Department whose hours of duty are not regulated by the rules, will report at the time or place designated by the Chief of Police or other superior officer. Any whose hours are governed by the rules may be required to report in emergency cases at such times and places as designated by the Chief of Police or other superior officer.

P. 206. Destroying or Injuring City Property, Prohibited.—All members and employes of the Police Department are warned to be careful in the use of all city property, whether fixed or movable. Roughness or carelessness is not to be tolerated and will be made the subject of charges by commanding officers, who will be held responsible for the enforcement of this rule.

P. 207. Failure to Discover Homicide, etc., Report of.—Officers in charge of stations shall make charges against any patrolman under their command who shall by reason of neglect of duty fail to discover any violation of law or order committed on his beat during his tour of duty, or who shall neglect to take proper measures to arrest any party guilty of such offenses.

P. 208. Intoxicated Member, Failure to Discover, Report of.—If commanding officers find subordinates do not display ordinary intelligence in discerning whether a member of the force is intoxicated or otherwise violates the rules of the Department, such superior officer shall forward a report against such member or members to the Chief.

P. 209. Department Property, to be Returned, When.—In case of death, resignation or dismissal of any member of the Department, all Department property shall be immediately returned to Chief of Police or the commanding officer of the district whose duty it shall be to immediately forward it to the Secretary to the Chief of Police.

P. 210. Members Aggrieved, Recourse.—Any member of the Department feeling aggrieved because of the treatment or orders of his superior officer shall make his complaint in writing and forward the same through the proper channel to the Chief of Police.

P. 211. Former Rules, Orders, etc., Repealed—Any and all orders, rules and regulations heretofore issued either by the Commissioner or the Chief of Police, conflicting with any of the rules and regulations contained in this Manual are, insofar as they conflict, hereby repealed.

P. 212. Other Breaches of Discipline.—Any member of the Department found guilty of any misconduct or neglect of duty, or conduct unbecoming an officer and a gentleman, which may not be specifically mentioned or set forth in this Book of Rules and Regulations, will be subject to such punishment as the Chief of Police may deem necessary for the preservation and maintenance of good order and discipline.