Lawriter - OAC - 4501:2-6-02 Performance of duty and conduct.

4501:2-6-02 Performance of duty and conduct.

(A) A member shall be subject to any applicable provision of the Revised Code and Administrative Code including, but not limited to, Chapter 5503. of the Revised Code. A member shall also be subject to all of the division's rules, adopted under section 111.15 of the Revised Code and published in the rules and regulations of the division, and all provisions of any applicable collective bargaining agreement.

(B) Performance of duty

(1) A member shall carry out all duties completely and without delay, evasion or neglect. Members shall report for duty at the time and place specified or scheduled by their supervisor, properly attired, and ready to assume on-duty status.

(2) A member shall submit all required reports without delay and in accordance with directives established by the superintendent.

(3) A member, while on duty, shall not be absent from his/her district, post, section, unit, detail or assignment without authorization and shall be available through usual communication channels.

(4) Members who are off duty shall keep their supervisor advised when they are not available for recall to duty.

(5) Members who fail to perform their duties because of an error in judgment, or otherwise fail to satisfactorily perform a duty of which such member is capable, may be charged with inefficiency. Unsatisfactory performance may be demonstrated by a lack of job-related knowledge, an unwillingness or inability to perform assigned tasks, failure to take required action, or failure to take appropriate action at any time.

(6) Any member who at any time becomes aware of another employee's impending or actual violations of the rules and regulations, the directives of the superintendent, or violations of any criminal or civil statutes, shall take immediate action to prevent such violations and then report the violations to a supervisor as soon as possible.

(C) Assistance to the public

A member, while on duty, shall offer and render appropriate assistance to anyone in need. Members shall not make unsolicited endorsements regarding the use or procurement of a particular product or service.

(D) Credentials: Use of official identification

(1) A member, while off duty, shall not wear any part of the uniform or convert to personal use any issued equipment without the permission of the superintendent.

(2) A member shall not permit any other person to use his/her badge, identification card or any other part of the uniform or equipment assigned to the member.

(3) A member, while on duty, shall provide proper identification to any person upon demand, including name, badge number and/or unit number.

(E) False statement, truthfulness

(1) A member shall not make any false statement, verbal or written, or false claims concerning his/her conduct or the conduct of others.

(2) A member shall not, in any manner, cheat on, or tamper with, an examination, test, or measurement. A member shall not, nor attempt to, obtain, furnish, or accept answers or questions to examinations.

(3) A member shall not feign illness or injury, falsely report illness or injury, or otherwise deceive, or attempt to deceive, any official of the division as to the condition of his/her health.

(F) Rewards, bribes, payment for duty

(1) A member shall not solicit or accept any reward, bribe, gratuity, gift of any nature, payment or compensation for the performance of any duty for which a regular salary is received.

(2) A member shall not use or attempt to use his/her official position to secure anything of value that would not ordinarily accrue to the member.

(3) Any member offered a bribe shall report it immediately to a supervisor.

(4) Any member who is offered or receives a reward, gift, or gratuity shall take immediate action to return such item and shall report it immediately to a supervisor.

(G) Off-duty employment

(1) A member shall not engage in any off-duty employment which hinders or interferes with the performance of his/her duties. A member shall not engage in any off-duty employment that represents a conflict of interest with the performance of his/her duties.

(2) A member shall not engage in off-duty employment unless such employment has been approved, in writing, according to directives established by the superintendent.

(3) A member shall not use division equipment or supplies for any purpose in off-duty employment unless authorized by the superintendent.

(H) Release and control of information

(1) A member shall keep in confidence any information acquired in the performance of his/her duties when the release of such information might be embarrassing or damaging to any person or the division. A member shall divulge such information only when necessary to do so by reason of subpoena, or other court action, or upon the lawful order of a supervisor.

(2) A member shall give information to the news media in accordance with directives established by the superintendent.

(I) Conduct unbecoming an officer

A member may be charged with conduct unbecoming an officer in the following situations:

(1) For conduct, on or off duty, that may bring discredit to the division and/or any of its members or employees. A member shall not engage in any conduct which could reasonably be expected to adversely affect the public's respect, confidence, or trust for Ohio state highway patrol troopers and/or the division.

(2) For committing any crime, offense or violation of the laws of the United States, the state of Ohio, or any municipality.

(3) For any improper on-duty association with any individual for purposes other than those necessary for the performance of official duties

(4) A member shall perform his/her duties in a professional, courteous manner.

(J) Sexual harassment and discrimination

(1) No member shall sexually harass any person. "Sexual harassment" is defined as the unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct or contact, or innuendo of a sexual nature. No member shall, by his/her actions, create an intimidating, hostile, or offensive work environment.

(2) A member shall not make disparaging comments, statements, acts, or discriminate against any person on the basis of age, sex, marital status, race, color, creed, national origin, religion, handicap, political affiliation or sexual preference/orientation.

(K) Use of alcohol

(1) A member shall not consume any kind of alcoholic beverage while on duty unless approved by the superintendent or designee.

(2) A member shall not report for duty or return to duty showing any evidence or effects of alcoholic beverage consumption.

(L) Use of narcotics and controlled substances

A member shall not use any narcotic or any other controlled substance except as prescribed by a physician. The member shall notify a supervisor, prior to reporting for duty or operating any division equipment, that the member is taking a prescribed narcotic or controlled substance. A member shall report any potential side effects that may affect fitness for duty to a supervisor.

(M) Gambling

A member shall not indulge in any type of gambling while on duty.

(N) Bail and bond, prohibited

A member, while on duty, shall not undertake as surety on bond, furnish bail, recommend bond or recommend an attorney for any person.

(O) Court action

(1) Members shall report, in writing, as soon as possible, to his/her supervisors, any court action instituted against them.

(2) No member, while on duty, shall appear as a witness in a court action, except when subpoenaed to appear based on an action arising from his/her employment with the division.

(P) Involvement in motor vehicle crash

A member, while on duty, who is involved in a motor vehicle crash shall report the crash to a supervisor immediately.

(Q) Personal financial responsibility

A member shall pay all debts and obligations that are his/her legal responsibility.

(R) Soliciting funds, raffles and lotteries A member, while on duty, shall not solicit funds nor sell any tickets or memberships for any non-charity organization, function, raffle or lottery.

(S) Appearance

A member, while on duty, shall maintain a neat, well groomed appearance according to the written directives established by the superintendent.

(T) Personal health and job related injuries

(1) A member shall keep physically fit and be in compliance with standards of the highway patrol health and physical fitness program.

(2) A member may be periodically examined by the patrol medical staff or other designated medical or professional personnel to determine the member's level of physical or psychological fitness.

(3) A member who contracts any disease, illness, or injury that would affect the performance of his/her duties shall report such fact to a supervisor as soon as possible.

(4) A member who becomes pregnant shall, as soon as possible, have the required divisional medical forms completed by her attending physician and returned to a supervisor. The member shall thereafter submit such additional completed medical forms as required to evaluate such member's ability to continue her performance of duty.

(U) Use of leaves

A member shall be entitled to all leaves applicable to employees of the state of Ohio and all shall be governed by the sections of the Ohio Revised Code, Administrative Code, or the current collective bargaining agreement that may be applicable to such leaves.

(V) Response to resistance and firearms

(1) A member shall only use that force reasonable to effect an arrest, detention, or mission. A member shall not infringe on the rights of an individual within his/her control.

(2) A member shall exercise care in handling, carrying, transporting, storing and using firearms so as to avoid endangering any persons. A member shall only draw and display his/her firearm in time of demonstrated need, for official inspection, or during training, qualification, or cleaning.

(3) A member shall be permitted to use division issued firearms in accordance with directives established by the superintendent.

(4) A member, while off duty, shall not carry a firearm issued by the division unless authorized by the superintendent

(W) Evidence and recovered property

A member shall carefully protect and preserve for proper disposition any article of property recovered or turned over to him/her after loss by its rightful owner, held as evidence, seized from a prisoner or otherwise entrusted to his/her care. A member shall exercise diligence in safeguarding vehicles, or property connected with a crash, or other incident, in order that such property shall be returned to its rightful owner without damage, loss or unnecessary delay. A member taking control of any such property shall secure that property and report its recovery according to directives established by the superintendent.

(X) Living quarters

(1) A member shall establish living quarters in such location as is necessary for the discharge of all regular duties and in compliance with applicable provisions of the current collective bargaining agreement and/or directives established by the superintendent.

(2) A member shall immediately establish telephone service, by cellular or landline, upon occupying living quarters and shall maintain such service to permit ready contact concerning regular and emergency duties.

(3) A member shall promptly answer or respond to any telephone call from the division.

(Y) Compliance to orders

(1) A member shall immediately and completely carry out the lawful orders of a supervisor, or designated officer in charge, which pertain to the discharge of the member's duties.

(2) A member shall conform with, and abide by, all rules, regulations, orders and directives established by the superintendent for the operation and administration of the division.

(3) A member is prohibited from using audio or video recording devices in the workplace unless used in the member's normal job duties or as outlined in the collective bargaining agreement.

(4) A member is prohibited from soliciting, or arranging for, other individuals to engage in recording any conversation, telephone calls, or other activities in the workplace.

(Z) Loitering

Members shall not spend unreasonable amounts of time, while on duty, at any public or private establishment or location, unless acting in the official performance of his/her duties.

Effective: 04/29/2011
Promulgated Under: 111.15
Statutory Authority: R.C. 5503.03
Rule Amplifies: R.C. 5503.03
Prior Effective Dates: 8/1/67, 3/24/84, 8/9/91, 12/1/95, 2/1/96, 1/8/00