Boston Police Department Rules and Procedures Rule 102 February 11, 2003

THE CONDUCT AND GENERAL RIGHTS AND RESPONSIBILITIES
OF DEPARTMENT PERSONNEL – AMENDED
This rule is issued to establish guidelines for the conduct of, as well as the personal rights
and responsibilities, of employees of the Boston Police Department. Its provisions are
effective immediately, replacing in its entirety Rule No. 34 of the 1950 Rules and
Procedures Manual and superseding all previously issued rules, orders, memoranda, and
directives regarding the personal conduct of employees of the Department.
Sec. 1 DEFINITIONS: For the purpose of this rule, the following definitions will apply.
Employee shall mean all members of the Boston Police Department, both
officers and civilian personnel.
Force refers to the sworn membership of the Department who are vested with
full police powers.
Officer means a sworn Department member clothed with full police powers.
Sec. 2 GENERAL CONSIDERATIONS:
Police officers are more visible to the community than most other persons in government
or public service. Public scrutiny, and sometimes public criticism, is directed not only at
police performance but also at the behavior of those who deliver police services.
The establishment of proper standards for police behavior must take into account not only
the expectations of the citizen but also the importance of respecting the individual rights
of police employees.
The Boston Police Department recognizes that its employees have certain basic personal
rights and restricts those rights only where necessary to ensure the integrity of the
Department and the highest quality of police service are maintained.
Sec. 3 CONDUCT: Employees shall conduct themselves at all times, both on and offPage 1 of 18
Boston Police Department Rules and Procedures

Rule 102

February 11, 2003

duty, in such a manner as to reflect most favorably on the Department. Conduct
unbecoming an employee shall include that which tends to indicate that the employee is
unable or unfit to continue as a member of the Department, or tends to impair the
operation of the Department or its employees.
Sec. 4 NEGLECT OF DUTY: This includes any conduct or omission which is not in
accordance with established and ordinary duties or procedures as to such employees or

 which constitutes use of unreasonable judgment in the exercising of any discretion
granted to an employee.
Sec. 5 MAINTAINING DEPARTMENT RULES AND PROCEDURES: Employees
of the Department shall sign a receipt for a copy of this and all other subsequent Rules
and Procedures of the Department as they are promulgated. Employees shall maintain
their copies of the Rules and Procedures of the Department in the binder provided and
shall be prepared to produce their binder for the examination or inspection by the
members of the Staff Inspection Division or any superior officer or supervisor upon
reasonable notification. In addition, employees shall be responsible for knowledge of, and
full compliance with, all Rules and Procedures of the Department that apply to their
duties.
District and unit commanders shall return the signed acknowledgments of the receipt of
Department Rules and Procedures to the Staff Inspection Division after all personnel
under their command have signed the receipt list.
Sec. 6 ACCOUNTABILITY: Superior officers and supervisors shall be held
accountable for the actions of all subordinates subject to their authority and under their
command.
Sec. 7 RESIDENCE AND TELEPHONE: Except as otherwise provided by law, all
officers of the Department shall live in the City of Boston. All employees of the
Department shall report their places of residence and their telephone number to the
Commanding Officer or supervisor of the Bureau, Division, District, Unit or Office to
which they are assigned. They shall also report to that person any change of residence or
telephone number within twenty-four (24) hours after such change.
The procedures which follow are instituted to standardize the process for all Department
employees reporting a change of their name, address, telephone number or tax
Page 2 of 18
Boston Police Department Rules and Procedures

Rule 102

February 11, 2003

withholdings and to ensure compliance with Internal Revenue Service record keeping
regulations.
A.

Reporting Changes in Names, Addresses, Telephone Numbers
and Tax Withholdings: Any employee who reports a change of their name,
address or telephone number shall do so only on BPD Form #2785.
Changes in tax withholdings shall be made by filling out the federal W-4
and/or the state M-4 form. All changes of name, address and/or tax withholdings
shall be processed as outlined below, using the appropriate required form,
depending upon whether the employee is submitting a change of name, address,
telephone number and/or tax withholding:
If an employee needs to report a change of name, that employee
must submit a completed BPD Form 2785 and an original Department
of the Treasury Internal Revenue Service Form W-4 to
their Commander/Director;

o

 If an employee needs to report a change of address, that employee
must submit a completed BPD Form 2785 and an original Department
of the Treasury Internal Revenue Service Form W-4 to
their Commander/Director;
o

If an employee needs only to report a change of telephone number,
that employee must simply submit a completed BPD Form 2785 to
their Commander/Director;
o

o If an employee needs only to make a change of federal tax
withholding, that employee must submit an original Department of
the Treasury Internal Revenue Service Form W-4 to their
Commander/Director; and

If an employee needs only to make a change of state tax
withholding, that employee must submit an original Massachusetts
Employee's Withholding
Exemption
Certificate
Form
M-4
to
their Commander/Director.

o

NOTE: The state Form M-4 is only required for making changes in state tax
withholding and is not required for a name or address change.
B. Responsibilities of Commanders/Directors: Commanders/Directors
shall review all forms for completeness prior to signing them and shall ensure
that all original forms are immediately forwarded to the Employee Records and
Central Attendance Management Unit, Human Resources Division.
C.

Responsibilities of the Employee Records and Central Attendance
Management Unit: Upon receipt of the required forms (BPD Form 2785, W-4

Page 3 of 18
Boston Police Department Rules and Procedures

Rule 102

February 11, 2003

and/or M-4), the Employee Records and Central Attendance Management Unit
shall process the forms as follows:
The original BPD Form 2785 shall be "time/date stamped" and
placed in the employee's Personnel Record, along with a copy (if
applicable) of the W-4 tax form and/or M-4 tax form;

o

The original W-4 tax form (and/or M-4 tax form) shall be mailed to
the Payroll Department at City Hall, along with a copy of the BPD Form
2785 (if applicable);

o

o

A copy of the BPD Form 2785 shall be forwarded to the Director, Human
Resources Division; and

o

A copy of the BPD Form 2785 shall be forwarded to the Data Processing
Unit.

Sec. 8 DIRECTIVES AND ORDERS: Employees shall obey and comply with all
rules, orders and other directives of the Department whether transmitted verbally or in
writing. Employees shall obey all orders of a superior officer or supervisor.

 Improper Orders: An employee, given an order which he believes to be improper or
not in accordance with Department rules, must obey the order. He may then appeal the
matter to his commanding officer, and if the matter is not resolved at that level, it may be
appealed through the chain of command to the Police Commissioner.
Conflicting Orders: An employee given an order which conflicts with Department
rules and/or policies or with a previous order from a higher authority, shall promptly and
respectfully call the conflict to the attention of the superior officer or supervisor giving
the order. If the superior officer or supervisor does not withdraw or change his order to
avoid the conflict, the order shall be binding upon the employee unless or until it is
specifically countermanded by an officer or supervisor of higher rank.
Sec. 9 RESPECTFUL TREATMENT: Employees shall, on all occasions, be civil and
respectful, courteous and considerate toward their supervisors, their subordinates and all
other members of the Department and the general public. No employee shall use epithets
or terms that tend to denigrate any person(s) due to their race, color, creed or sexual
orientation except when necessary in police reports or in testimony.
Sec. 10 REPORTING FOR DUTY:
A. Employees shall report for duty at the time and place specified by their superior officer
or supervisor and shall be physically and mentally fit to perform their duty. They shall be
properly equipped and cognizant of the information required for the proper performance of
duty so that they may immediately assume their duties. They shall acquaint themselves with
all matters occurring since their last tour of duty which affect their responsibilities and be
accountable for compliance with all new orders, rules, bulletins and circulars.
B. No officer shall work or be permitted to work more than the equivalent of two (2) tours
of duty or more than eighteen (18) hours in any given twenty-four (24) hour period. This
shall include all hours worked (including, but not limited to regularly scheduled tour of
duty, overtime, court time, paid details, working in (W/I), union business, outside
employment). However, if an Officer is ordered to work an assignment that will put the
officer beyond the Eighteen (18) hours due to the operational needs of the Department, the
following shall apply:

1. The Officer is required to immediately notify the supervisor ordering him to
work that the ordered overtime will cause the officer to exceed eighteen (18) hours
in a twenty-four (24) hour period. Additionally, the Officer shall notify the
supervisor of any court summons for which the officer is required to appear the next
morning. Officers already approaching the 18 hour limitation and already
summonsed to court the following morning shall not be considered for overtime,
unless the to-be-ordered list is exhausted.
2. The Officer shall submit a Form 0069-BAT-0615 to the ordering supervisor
documenting the hours worked and hours scheduled to be worked (i.e., copy of overtime
and/or detail slip).
3. The ordering supervisor must complete a Form 0069-BAT-0615 documenting
(in detail) the reason why that officer was required to work the ordered overtime
causing them to work beyond 18 hours.

 If the supervisor determines that the Officer is still required to work (after considering the
hours already worked and the hours to be worked in the future including court
summonses, and in order to ensure that the Officer is properly rested after working beyond
the eighteen (18) hours in any given twenty-four (24) hour period), the following applies:
1. Following that ordered overtime, there must be eight (8) hours of relief or
scheduled time off prior to reporting for any work. Officers receiving relief time use
the appropriate code designating their relief time. During this relief time, the officers
may not work any assignment, including, but not limited to regularly scheduled tour
of duty, overtime, paid details, working in (W/I), union business, outside
employment). Under no circumstance will an officer get more than eight hours of
relief.
2. The ordering supervisor shall notify the Commanding Officer, the relieving
Supervisor and the Chief Clerk’s office by email of any officers affected by this
order to ensure that appropriate staffing levels are maintained. For officers receiving
the eight (8) hours of relief time, the paperwork submitted must contain the
following items and shall be forwarded to the Commanding Officer, with a copy left
for the Clerks to note the relief on the BAT:
a. Form 0069-BAT-0615
b. To-be-ordered list
c. Supporting documents (i.e., copy of overtime and/or detail slip).
3. Commanding Officers will forward copies of all reports (i.e. overtime slips,
detail slips, W/I slips, to-be-ordered list and all other relevant documents) to the
Bureau Chief of the officer who will be receiving the relief time.
C. No officer shall work more than ninety (90) hours in one (1) week, from 8:00
AM Saturday until 8:00 AM the following Saturday. These hours shall include all hours
worked (i.e. regularly scheduled tour of duty, overtime, court time, paid details,
compensatory time, union business, outside employment). Any tour of duty missed due to
illness or injury, suspension or administrative leave shall also be included in the calculation
of the total of hours worked for the week.
****For purposes of calculating relief time, the 8 hours of relief time starts when the
officer is relieved from duty NOT when the actual OT slip ends. (Example: an officer
is receiving a guaranteed minimum number of hours, but is relieved after 2 hours - the
relief time starts at the end of the two hours not the four hour slip)
****Exceptions to these limitations on maximum hours may be made only by
supervising officer in the interest of public safety, specifically: Court Appearances and
Mandatory Overtime; or any Public Necessity as determined by the Bureau
Chief.****
EXPLAINED:
This rule change requires officers to be rested for a period of at least eight hours if they
have been ordered to work more than 18 hours in a twenty (24) hour period. Officers who

 are ordered, officers who are ordering and district clerks all have responsibilities when an
officer is reaching or has reached this threshold:
Ordered Officers:
1.
The Officer is required to immediately notify the supervisor ordering him to work
that the ordered overtime will cause the officer to exceed eighteen (18) hours in a twentyfour (24) hour period. Additionally, the Officer shall notify the supervisor of any court
summons for which the officer is required to appear the next morning. Officers already
approaching the 18 hour limitation and already summonsed to court the following morning
shall not be considered for ordered overtime, unless the to-be-ordered-list has been
exhausted.
2.
The Officer shall submit a Form 0069-BAT-0615 (See Attached) to the ordering
supervisor documenting the hours worked and hours scheduled to be worked.
Ordering Supervisors: If the supervisor determines that the Officer is still required to
work (after considering the hours already worked and the hours to be worked in the future
including court summonses, and in order to ensure that the Officer is properly rested after
working beyond the eighteen (18) hours in any given twenty-four (24) hour period), the
following applies:
The ordering supervisor must fill out the second half of the Form 0069-BAT0615documenting (in detail) the reason why that officer was required to work the ordered
overtime causing them to work beyond 18 hours and determine the time in which the officer
is required to report for duty following the relief period.
Following that ordered overtime, there must be eight (8) hours of relief or scheduled time
off prior to reporting for any work. Officers receiving relief time must use the appropriate
code designating their relief time. During this relief time, the officers may not work any
assignment, including, but not limited to regularly scheduled tour of duty, overtime, paid
details, working in (W/I), union business, outside employment). Under no circumstance
will an officer get more than eight hours of relief.
The ordering supervisor shall notify the Commanding Officer, the relieving Supervisor and
the Chief Clerk’s office of any officers affected by this order to ensure that appropriate
staffing levels are maintained. For officers receiving the eight (8) hours of relief time, the
paperwork submitted must contain the following items and shall be forwarded to the
Commanding Officer, with a copy left for the Clerks to note the relief on the BAT:
a. Form 0069-BAT-0615
b. To-be-ordered list
c. Supporting documents (i.e., copy of overtime and/or detail slip).
Clerks: Clerks shall code the time off as RT “Relief Time” on the Daily Time and
Attendance Sheets. Relief Time is hours an officer is paid but not required to work to
ensure eight hours of rest. Relief time may only be granted when an officer has been
ordered to work. Time an officer is already off shall be factored into the computation of
Relief Time hours to be granted. Additionally, when replacing officers on RT “Relief
Time”, clerks shall use the Replacement Overtime Code: 133 “Sworn Relief Replacement
Overtime.”
Shift Commanders: Shift Commanders shall be responsible for all information conveyed
about Relief Time and any need to hire additional officers.

 Commanding Officers: Commanding Officers will forward copies of all relevant reports
(i.e. overtime slips, detail slips, W/I slips, to-be-ordered-list and all other relevant
documents) to the Bureau Chief of the officer who will be receiving the relief time.

Sec. 11 GROOMING: All uniformed personnel when reporting for duty shall be
properly groomed. Hair shall be neatly trimmed and not overhanging a shirt collar. Side
burns may not extend below the bottom of the ear and shall be straight and neatly
trimmed and not be allowed to flare out from the ear. In no case shall the bulk of the hair
interfere with the proper wearing of uniform headgear.
If a beard or mustache is worn, it shall be well groomed and neatly trimmed at all times in
order not to present a ragged appearance. Full and partial beards are authorized, but
patchy, spotty clumps of facial hair are not considered beards and as such are not
permitted. The bulk of the beard (distance that the mass of facial hair protrudes from the
skin of the face) shall not exceed one-half an inch. The length of the individual facial hair
shall be limited to three quarters of an inch.
No portion of any mustache will extend below the lipline of the upper lip.
Police officers, while in uniform, shall not wear earrings or ear-studs; nose-studs; or any
type of necklace chain or medallion outside of a uniform shirt, blouse or jacket.
Sec. 12 SLEEPING ON DUTY: Employees shall remain awake and alert while
on duty.
Sec. 13 USE OF ALCOHOL AND TOBACCO ON DUTY: Employees shall not
drink alcoholic beverages when on duty unless it is necessary to gain evidence and upon
the order of a superior officer. Employees shall not appear for duty or be on duty while
under the influence of alcoholic beverages to any degree whatever or have an odor of
alcohol on their breath.
Employees shall not smoke or chew tobacco while in uniform, when in view of the
public, or when in contact with the public. (This is not meant to prohibit smoking in a
sector car, wagon, or unmarked car.)
No employee shall smoke or chew tobacco when in direct contact with the public (while
taking a report, conducting an interview, or making an investigation on private property),
in uniform or in plainclothes.
Page 8 of 18
Boston Police Department Rules and Procedures

Rule 102

February 11, 2003

Sec. 14 USE OF ALCOHOL OFF DUTY: Officers while off duty shall refrain from
consuming alcoholic beverages to the extent that it results in obnoxious or offensive
behavior which would tend to discredit them or the Department or render them unfit to
report for their next regular tour of duty.

 Employees shall not consume alcoholic beverages in public places while wearing the
uniform of the Department or while wearing any part of the uniform which could indicate
that they are employees of the Department.
Sec. 15 ALCOHOLIC BEVERAGES ON POLICE INSTALLATIONS: Employees
shall not bring into or store alcoholic beverages in any police facility or vehicle except
alcoholic beverages which are to be held as evidence or found property which is held for
safekeeping.
Sec. 16 USE OF DRUGS: Employees shall not use any prescription drugs, controlled
substances, narcotics or hallucinogens except when prescribed in the treatment of the
employee by a registered physician or dentist. When prescription drugs, controlled
substances, narcotics or hallucinogens are prescribed for him, an employee shall notify
his superior officer or supervisor, in writing, before his next tour of duty of such
prescription. Prescription drugs, controlled substances, narcotic or hallucinogenic shall
mean any substances so defined in Massachusetts General Laws, Chapter 94C.
A superior officer or supervisor shall, when notified by an employee that any prescription
drugs, controlled substances, narcotics or hallucinogens have been prescribed and
ingested, notify the Department physician of the quantity of the substance which the
employee reports has been prescribed and shall be guided by the Department physician's
opinion as to whether or not the employee can fulfill his duties while under the influence
of such prescribed substance. In the event that the Department physician cannot be
reached, the superior officer or supervisor shall exercise his own best judgment as to
whether or not the employee, reporting the use of such substance, should perform his
Departmental duties. Whether or not the employee does continue to perform his
Department duties shall not affect the responsibility of the superior officer or supervisor
to notify the Department physician of the use of such substance as soon as possible.
Sec. 17 POLICE SERVICE: Employees, while on duty, shall promptly respond to all
persons requesting service, insofar as it is within their duties and is consistent with
Department rules and policies.
Sec. 18 PERSONAL BUSINESS: Employees of the Department shall not engage in
Page 9 of 18
Boston Police Department Rules and Procedures

Rule 102

February 11, 2003

personal business while on duty and shall avoid all activities not relating directly to their
Departmental responsibilities.
Sec. 19 STATEMENT OF OPINION: Employees shall not publicly criticize or
ridicule the Department, its policies, or other employees by speech, writing, or expression
in any other manner when such speech, writing or other expression is defamatory,
unlawful, interferes with the maintenance of discipline, or is made with reckless disregard
of its truth or falsity.
Sec. 20 SELF IDENTIFICATION: General Law, Chapter 41, Section 98D, requires
every officer to carry his identification card with photograph and exhibit this card upon a
lawful request for purposes of identification. Any officer, acting in his official capacity,
shall give his name, rank and badge number, in a civil manner to any person who may
inquire unless he is engaged in an undercover police operation and his physical safety or
the police operation would be jeopardized by his making such identification.

 Civilian employees, while engaged in their Departmental duties, shall identify themselves
in a civil manner to any person who may inquire as to their identity and status within the
Department.
Sec. 21 CHARITABLE SOLICITATIONS: Employees, while on duty or in uniform,
shall not solicit from the general public money, gifts, or other things of value for
charitable or testimonial purposes nor otherwise use their identity as police officers for
such purposes.
Sec. 22 GIFTS AND GRATUITIES: Employees of this Department shall not solicit,
seek or accept any gift or gratuity, including food, drink, admissions to public
transportation or public amusements, for themselves or others, from an individual,
merchant, or business establishment, when it can be construed to involve their position as
an employee of the Boston Police Department.
Employees of the Department or their agents or
persons/corporations/associations, etc., at their request/direction shall not seek, solicit or
accept contributions in any form whether moneys, goods or sponsorships from any
individual, firm or corporation licensed in whole or in part by the Commonwealth of
Massachusetts, the City of Boston, or any political subdivisions thereof.
Page 10 of 18
Boston Police Department Rules and Procedures

Rule 102

February 11, 2003

Employees shall immediately report to their commanding officer, in writing, any offer or
attempt to offer any gift or gratuity when it can be construed to involve their position as
an employee of the Boston Police Department.
Sec. 23 DEPARTMENTAL REPORTS - TRUTHFULNESS: Employees shall
submit all necessary reports on time and in accordance with established Departmental
procedures. Reports submitted by employees shall be truthful and complete. No
employee shall knowingly enter, or cause to be entered, any inaccurate, false or improper
information.
Sec. 24 CONFLICT OF INTEREST: Employees shall comply with the provisions of
General Law, Chapter 268A and St. 1909, Chapter 486, Section 8, the conflict of interest
statutes.
Sec. 25 REPORTING LAW VIOLATIONS: All officers shall report in writing to their
Commanding Officer all information that comes to their attention concerning organized
crime, vice, gaming, liquor or narcotic violations, all felony violations of the criminal
statutes of the Commonwealth, and violations of the conditions of any license which have
been issued to persons or premises.
Sec. 26 REWARDS: Employees may be permitted by the Commissioner, at his
discretion, to receive rewards with a monetary value tendered for services rendered in the
discharge of their duties which are especially meritorious or otherwise in the public
interest. In each and every case, application must be made in writing to the Commissioner
for permission to give or receive any reward.

 Sec. 27 ABUSE OF PROCESS - WITHHOLDING EVIDENCE: Officers shall not
intentionally manufacture, tamper with, falsify, destroy, or withhold evidence or
information nor make any false accusations of a criminal charge or seek to
influence the outcome of any investigations.
Sec. 28 RECOMMENDATIONS OF SERVICE: Employees shall not recommend or
suggest in any manner except in the transaction of personal business, the employment or
procurement of a particular product, professional service, or a commercial service,
including, but not limited to, the services of an attorney, bondsman, bail commissioner or
funeral director, an ambulance service or a towing service.
In the case of an ambulance or towing service, when such service is necessary and the
person needing the service is unable or unwilling to procure it, the officer shall proceed in
Page 11 of 18
Boston Police Department Rules and Procedures

Rule 102

February 11, 2003

accordance with established Department procedure.
Sec. 29 ENDORSEMENT OF COMMERCIAL PRODUCTS: The Department does
not endorse commercial products or allow its facilities to be used for such endorsements.
Departmental personnel shall not make any endorsements of commercial products in their
capacity as members of the Department.
Sec. 30 POLITICAL ACTIVITY: Employees shall be permitted to:
Register and vote in any election.
Express opinions as private individuals on political issues and candidates, subject to the
provisions of Section 19 of this Rule.
Attend political conventions, rallies and similar political gatherings as private individuals.
Sign political petitions as private individuals.
Become candidates for election to an office of any town or city, other than the City of
Boston, in any county other than Suffolk County, or other local or regional office which
are not prohibited by Section 31 of this Rule.
Hold membership in a political party and participate in its functions to the extent
consistent with law and with these rules.
Participate fully in public affairs to the extent that such endeavors do not impair the
natural and efficient performance of official duties, or create real or apparent conflicts of
interest.
Sec. 31 EMPLOYEES NOT ON LEAVE OF ABSENCE PURSUANT TO
SECTION 32 OF THIS RULE ARE PROHIBITED FROM:

 Becoming a candidate for election to or holding any office of the City of
Boston, Suffolk County, the Commonwealth of Massachusetts or the Federal
Government.

•

•

Using their official capacity to interfere with or affect any election.

Page 12 of 18
Boston Police Department Rules and Procedures

Rule 102

February 11, 2003

Engaging in the direct or indirect solicitation of funds for political
candidates, political campaigns, political parties or political organizations.

•

Soliciting votes in support of or in opposition to any candidates in any way
which would identify an employee as a member of the Boston Police Department.

•

Engaging in any political activities prohibited by federal law, state statute
or municipal ordinance.

•

• Except for the Police Commissioner and/or his or her designee[s] when
acting in their official capacities, publicly endorsing or opposing political
candidates and/or issues in any way which would cause a reasonable person,
having knowledge of the relevant circumstances, to conclude that the employee
was acting in his or her official capacity as a member of the Boston Police
Department. No bargaining unit member shall be compelled to act as the
"designee" under this provision. Under no circumstances shall a member of
the Department, other than the Commissioner and/or his or her designee
acting in their official capacity, appear in uniform on behalf of a political
candidate or on a political issue, whether on or off duty.

Utilizing public resources (e.g., office equipment, vehicles or staff) for
political campaign activity.

•

Political Contributions: Pursuant to state and federal law employees may make
political financial contributions with the following exceptions and limitations:
An employee may make campaign contributions to state or local candidates
or to candidate's committees so long as the total of all contributions for the
benefit of any one state or local candidate and the candidate's committee does
not exceed
$500.00 in any calendar year.
•

An employee may, in addition, make contributions for the benefit of state or
local political party committees, whether elected or non-elected, (e.g., the
democratic state committee) so long as the total of contributions for the benefit
of any one state or local political party committee does not exceed $5,000.00
in any one calendar year.
•

The aggregate of all contributions from any one employee to all such state
and local candidates and candidate's committees shall not exceed $12,500.00 in
any one calendar year.

•

 An employee may make contributions without limitation to state and local
ballot question committees.

•

An employee may make campaign contributions to federal candidates
or candidate's committees (e.g., candidate for U.S. Senate) so long as the total of
all
•

Page 13 of 18
Boston Police Department Rules and Procedures

Rule 102

February 11, 2003

contributions for the benefit of any one federal candidate and the candidate's
committee does not exceed $1,000.00 per election.
An employee may make contributions for the benefit of federal political
party committees (e.g., the democratic national party) without limitation
with the exception that if the employee designates such contribution for federal
election purposes the employee is subject to an annual contribution
limitation of
$20,000.00. (Section Amended by Special Order 99-35, issued June 4, 1999)

•

Sec. 32 EMPLOYEES SEEKING POLITICAL OFFICE: Every employee of the
Police Department upon becoming a candidate for election to any office specified in
Section 31 shall take a leave of absence, without pay, effective with the day he requests
nomination papers or subscribes his statement of candidacy and continuing until
whichever of the following first occurs; his failure of nomination or election at the
primary or final election or his failure to become, or withdrawal as a candidate, or if
elected, the termination of his term of office.
SEC. 33, EMPLOYMENT OUTSIDE OF THE DEPARTMENT: Employees may
engage in off-duty employment subject to the following limitations (this section does not
apply to Department-assigned paid details):
The Police Commissioner's written approval must be granted prior to
engaging in off-duty employment. To receive such approval, employees shall
fill out BPD Form 2196 (revised 1996), "Request for Permission to
Hold Off-Duty Employment" and give it to their Commanding
Officer/Director. Commanding Officers/Directors shall forward such forms
with their recommendation for approval or disapproval to the appropriate
Bureau Chief.

A.

Upon reviewing the recommendation of the employee's
Commanding Officer/Director, the Bureau Chief shall forward the
request with their recommendation for approval or disapproval to the
Police Commissioner for consideration.

B.

Upon reviewing the employee's request and the recommendations of
the Commanding Officer/Director and the Bureau Chief, the Police
Commissioner shall approve or disapprove the request. All requests will be
forwarded to the Director/ Human Resources Division, Bureau of Administration
and Technology, where they will be kept on file. The Director, Human
Resources Division is responsible for ensuring that employees are sent a copy of
C.

 their request, approved or disapproved, once the Police Commissioner has acted
upon it. No employee may engage in off-duty employment prior to receiving
a copy of his or her request, which has been approved by the Police
Commissioner.
A new BPD form 2196 must be filled out every time an employee who
has received permission for off-duty employment changes jobs, off-duty
employers or number of hours worked.

D.

Page 14 of 18
Boston Police Department Rules and Procedures

Rule 102

February 11, 2003

All employees who have permission to hold off-duty employment shall fill
out a new BPD form 2196 every year during the month of October. Upon
receiving a copy of such form, approved by the Police Commissioner, from
the Director, Human Resources Division, the employee's permission to
hold off-duty employment is renewed until December 31st of the
following year, unless revoked earlier by the Police Commissioner.
Permission to hold off-duty employment is automatically revoked on
December 31st of any year in which an employee fails to file the above form and
maintain proof of having done so.
E.

Off-duty employment shall constitute no more than thirty-two (32) hours'
work per week. This limitation does not apply during any week that the officer
does not report for duty because the officer is serving an unpaid suspension.
Additionally, officers on administrative leave (in accordance with Rule 109,
sec. 10) or on administrative duty shall not work more than 96 hours per week, or
more than 320 per month, during the period of their administrative leave / duty.
F.

Employees shall not engage in any employment or business involving the
sale or distribution of alcoholic beverages within the City of Boston.

G.

Employees shall not engage in, acquire or retain a financial interest in
any employment or business that is licensed by the Licensing Board of the
City of Boston.
H.

I.

Employees shall not be employed as a guard or security officer.
Employees shall not engage in any employment or business which
would constitute a violation of M.G.L. c. 268A, "Conduct of Public
Officials and Employees", or St. 1909, Chapter 486, Section 8.
J.

K.

Employees shall not hold any elective office specified in Section 31 of this Rule.
Employees shall not engage in, acquire or retain a financial interest in
any business or employment involving investigatory work outside the
Department. Investigatory work includes, but is not limited to, private
detectives, insurance company investigations, collection or credit agencies or as
the investigator for any attorney or bail bond agency.

L.

 M. It is of utmost importance that each employee avoid private financial or
business relationships with convicted felons or with persons who openly
associate with felons. Each employee must remain vigilant to ensure that they do
not work for an employer or acquire a financial interest in any business with a
person who has been convicted of a felony or who openly associates with
convicted felons. It is the Department's policy to provide notice to the officer
when violations of this subsection come to its attention. Once notified, the
officer shall forthwith discontinue any relationship in violation of this
subsection. No notice will be provided to an officer that may compromise an
investigation. The Department shall bear the burden of proving violations of this
section.

Page 15 of 18
Boston Police Department Rules and Procedures

Rule 102

February 11, 2003

Employees who are lawyers and who receive permission to practice law may
not represent clients in criminal cases, consult or offer advice to other attorneys
on criminal cases.
N.

Employees who have received permission to hold off-duty employment may
have such permission revoked at the discretion of the Police Commissioner.
The employee may request in writing an explanation for the revocation.
(Section Amended by Special Order 03-02, issued January 28, 2003)

O.

Sec. 34 MUTUAL PROTECTION: In an emergency, an officer shall promptly come to
the aid of any officer who, when carrying out his official duties, is in need of assistance.
Sec. 35 CONFORMANCE TO LAWS: Employees shall obey all laws of the United
States, of the Commonwealth of Massachusetts, all City of Boston ordinances and bylaws and any rule or regulation having the force of law of any board, officer, or
commission having the power to make rules and regulations. An employee of the
Department who commits any criminal act shall be subject to disciplinary action up to
and including discharge from the Department. Each case shall be considered on its own
merits, and the circumstances of each shall be fully reviewed before the final action is
taken.
Sec. 36 CRIMINAL COMPLAINTS: An employee of the Department, upon learning
that an application for a criminal complaint has been made against him or that a
complaint or incident has been issued against him, shall forthwith notify his commanding
officer in writing. Such notification shall be a summary of the complaint sought or issued
and the projected date of the hearing or trial. The commanding officer receiving such
notification shall transmit a copy of the employee's report to the Office of the Police
Commissioner.
The Supervisor of Cases at each court, upon receipt of information that a complaint or
indictment has been sought or issued against a Department employee, shall submit a
separate report to the Office of the Police Commissioner, furnishing the subject matter of
the complaint or indictment and the date of the hearing or trial.
Sec. 37 SITUATIONS INVOLVING FAMILY OR FRIENDS: An officer confronted
with a situation requiring police intervention, in which a member of his family or a friend
is involved, shall not intervene unless an emergency exists, and then only to meet the

 emergency. The officer concerned shall notify the Operations Section, or if outside the
City of Boston, the appropriate police agency, so that a more objective police unit may
handle the matter.
Sec. 38 SITUATIONS INVOLVING OFF-DUTY BOSTON POLICE OFFICERS:
Page 16 of 18
Boston Police Department Rules and Procedures

Rule 102

February 11, 2003

When an officer is confronted with a situation in which the conduct of an off-duty Boston
Police Officer is in question, that officer shall follow appropriate and normal police
procedures and, as soon as possible, shall notify the Operations Section and request that a
Superior Officer respond to the incident.
Sec. 39 ASSOCIATION WITH CRIMINALS: Department employees shall not
associate with persons whom they know, or should know, are persons under criminal
investigation, or who have a reputation in the community or in the Department for recent
or present involvement in felonious or criminal activities.
This rule shall not apply where said associations are necessary in the
performance of official duties, or where said associations are unavoidable due to
familial relationships of employees.
Sec. 40 RESIDENCY:
A. All members of the AFSCME, SEIU and SENA bargaining units hired by the city
after July 1, 1980 shall be subject to the City of Boston Residency Ordinance. All other
civilian employees shall be subject to the Residency Ordinance regardless of their date of
hire, except as referenced in the Ordinance itself.
B. All members of the Department who become sworn permanent officers after July 1,
1994 shall be subject to the City of Boston Residency Ordinance.
Notes:
Amended by S.O. 95-11, issued February 14, 1995, which added Section
40, Residency.
•

Amended by S.O. 97-18, issued May 7, 1997, which standardized the
use of certain forms for notifying the Department of a change of name,
address, telephone number or tax withholding.

•

Amended by S.O. 97-25, issued August 8, 1997, which reinserted a sentence into Section 9, Respectful Treatment, that had been
inadvertently omitted during a recent printing and distribution of the Rules &
Procedures.
•

Amended by S.O. 98-28, issued July 23, 1998, Revised Section 10
sub section C paragraph 1.
•

•

Amended by S.O. 99-35, issued June 4, 1999, Revised Section 31

•

Amended by S.O. 99-42 issued July 8, 1999, Revised Section 10 sub section

 C paragraph 1
Page 17 of 18
Boston Police Department Rules and Procedures
Page 18 of 18

Rule 102

February 11, 2003

•

SO 06-033 issued 06/19/2006, AMENDMENT TO RULE 102, SECTION
10, SUB-SECTION C.

•

Amended by S.O. 06-045, issued November 06, 2006, Revised Section 10.
• Amended by SO 07-016, issued April 2, 2007, update the organization
names to reflect the new BPD organizational structures. Section 33 (c).
• Amended by SO 08-015, issued April 10, 2007, Please be advised that,
effective immediately, Rule 102 §33(I) is not applicable to civilian
personnel. Specifically, civilian personnel shall not be restricted from holding
off duty employment as guards or security officers. The remaining provisions of
this rule, including, but not limited to, the submission of a “Request for
Permission to Hold Off-Duty Employment” form and the maximum hours
allowed per week, are still applicable to all employees, including sworn and
civilian personnel.
• Amended by SO 10-016, issued May 12, 2010, §33(F) is amended to
increase the maximum number of allowable hours worked to thirty-two (32) hours
per week.
• Amended by SO 15-013, issued June 5, 2015, section 10, REPORTING
FOR DUTY was updated, effective Saturday, June 6, 2015.