Volume 1 - POLICY program. If an employee wishes to request Department support of amendments to current law and/or seeks Department support of a proposed legislative bill being considered by the legislature, he/she must complete a Bill Response Report, Form General 25. The Department’s position recommended by the employee should be included in the Bill Response Report. The bill, accompanied by the Bill Response Report, shall be forwarded through the employee's chain of command to the Chief of Staff, Office of the Chief of Police. The request will be reviewed by the Chief of Staff to determine if it is consistent with the Department's position. Following review and approval by the Chief of Police, and a determination that the Department will seek program inclusion, the Bill Response Report will be forwarded to the Police Commission with a request that it be transmitted to the City Council and the CLA for appropriate action. No Department employee may represent that the City of Los Angeles or the Department supports, opposes, seeks, wishes to amend, or has any position regarding any legislation or administrative action (action by a regulatory body) unless such position is consistent with the adopted City position and has been approved by the Chief of Police. Department employees who wish to determine if a position regarding legislation or an administrative action is consistent with the adopted City and Department’s position, may contact the Department Legislative Liaison Officer, Governmental Liaison Section. Requests for Department’s positions or opinions on legislation from elected officials or their staff may be referred to the Department Legislative Liaison Officer, Governmental Liaison Section. Department employees who wish to receive approval from the Chief of Police to address any legislative issue on behalf of the Department with elected officials or their staff, shall first obtain approval from his/her commanding officer. Approval of statements regarding Department legislative positions shall be coordinated with the Department Legislative Liaison Officer, Governmental Liaison Section. If an employee wishes to, or is requested to express a point of view that is contrary to the adopted City and Department position, he/she must do so on an off-duty basis, at his/her own expense (e.g., staff support, stationery, etc.) and time. Also, it must be clearly stated in the body of the testimony or communication that, "This is a personal opinion. It is not the Department's or the City's position and it is not consistent with the City’s position. Furthermore, I am not acting in my capacity as a sworn or civilian employee of the Department or City." Note: Nothing in this Section prohibits an employee from responding to an inquiry from elected officials or their staff concerning the 12 operational impact of a proposed or pending piece of legislation. However, under such circumstances an employee may not express an official opinion as to whether the Department would support or oppose such legislation. 270.15 EMPLOYEE RELATIONS WITH VENDORS AND CONTRACTORS. When representing the Department to outside business organizations which are, or which are likely to become, vendors or contracting parties with the Department, employees must conduct themselves in a manner which will bring credit to themselves and to the Department. Because a police officer is the most conspicuous representative of government, the officer's conduct is likely to be scrutinized far more severely than that of other persons; therefore, when dealing with prospective contractors, employees must avoid becoming engaged in conduct which is, or which might appear to be, censurable. Department resources will not be committed to furthering the work of a prospective contractor or vendor prior to the formation of a contract. Similarly, whatever is seen or heard of a confidential nature, or that is confided in an official capacity, will be kept as such unless disclosure is necessitated in the furtherance of Department objectives. Personal feelings or motives, or the possibility of personal gain, will not influence decisions. An employee must not place himself/herself in a position of compromise by soliciting or accepting gratuities, even where such activity might otherwise be considered an acceptable form of business negotiations outside the Department. 270.20 ENDORSEMENT OF PRODUCTS AND SERVICES. The Department's position of providing fair and impartial service dictates that each employee must scrupulously avoid using his/her official capacity, title, or position in the Department to endorse any organization, program, product, or service when such endorsement is not approved and required in the performance of his/her duties as defined by the Chief of Police and the Board of Police Commissioners. 270.25 OFFICER CONTACTS WITH THE PUBLIC. In each of his/her contacts with the public, an officer must be aware that his/her actions, appearance, and statements are those of the Department. For that reason, and because of the inherent potential for conflict in many police contacts, an officer must develop a fair, impartial, and reasonable attitude and perform his/her task in a businesslike manner. His or her statements must be the result of considered judgment and be absent of personal opinion, bias, or editorial comment. Extended conversation which reflects the officer's personal opinions will normally be considered inappropriate. 270.30 OUTSIDE EMPLOYMENT POLICY - GENERAL. The nature of the law enforcement task requires Department employees to have the ability to work irregular Manual of the Los Angeles Police Department schedules which are subject to change in meeting deployment needs. Additionally, it is necessary that employees have adequate rest to be alert during their tours of duty. For these reasons, and because certain activities are inherently incompatible with an employee's primary responsibility to the Department, the Department may impose conditions on outside employment or may prohibit it altogether. Determination of the degree of limitation will be based upon the interest of the Department and ensuring that the Department receives full and faithful services in return for its expenditure of resources. Department employees accepting outside employment should be aware that they may not be entitled to legal representation, payment of an adverse judgment, or other benefits from the City that are usually afforded an employee while working on duty. Officers should realize that when they accept off-duty employment, they are generally being hired to perform specific duties for an employer. Thus, officers should have a firm commitment from the employer concerning any subsequent legal representation or other benefits that may become necessary as a result of the officer's conduct in protecting the employer's interests. The Department recognizes that Section 1126 of the Government Code establishes the ultimate control of prohibited activities in the Department's Outside Employment Policy. It is the purpose of this policy to establish specific guidelines regarding prohibited activities which incorporate the broad parameters set forth in Section 1126 of the Government Code. Outside Employment Policy - Specific. An employee shall not enter into any outside employment without having first submitted a summary of proposed duties, location, and employer. Following Department review and a determination that the proposed outside employment is not incompatible with Department employment, an employee shall not change the nature or location of outside employment without having first submitted the proposed change for Department review. Once outside employment is determined to be compatible with Department employment, it shall be reviewed annually thereafter upon the employee's initiative. If it is determined that proposed outside employment is incompatible with Department employment, the employee shall be notified as soon as possible of such determination and that the employment is prohibited. Continuance of outside employment that has been determined to be an incompatible activity shall be considered misconduct and may result in disciplinary action. Determination that outside employment is or is not compatible with Department employment shall be made by the concerned commanding officer and forwarded to the Office of Support Services for approval. An employee may appeal the determination of their commanding officer and the Director, Office of Support Services, to the Chief of Police. An employee 2005 Volume 1 – POLICY may appeal the determination of the Chief of Police, to the Board of Police Commissioners for administrative review. Prohibited activities include those which: ∗ Involve any employment, activity or enterprise for compensation which is inconsistent, incompatible, in conflict with, or inimical to, duties as an employee of the Los Angeles Police Department or with the duties, functions or responsibilities of the Los Angeles Police Department. ∗ Involve, for private gain or advantage, the use of City time, facilities, equipment or supplies; or the badge, uniform, prestige or influence of one's official position. Exception: Outside employment in uniform may not be a prohibited activity in specific cases when a determination has been made by the Board of Police Commissioners that the employment is in the best interest of the City, promotes the Department's interest in public safety and the duties are substantially the same as those which would be preformed if the employee were assigned on duty. ∗ Involve receipt or acceptance by the employee of any money or other consideration from anyone other than the Department for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course or hours of Department employment or as a part of their duties as a Department employee. ∗ Involve such time demands as would render performance of their duties as a Department employee less efficient. ∗ The maximum number of hours an employee may engage in outside employment shall be twenty hours per week. The maximum hours may be exceeded upon the recommendation of the division commanding officer and approval of the Director, Office of Support Services, after a review of the individual's on-duty performance and the nature of the employment involved. ∗ The Department may take into consideration the medical condition of any employee and the effect outside employment would have on any employee's ability to perform the duties of their position. An employee shall not engage in outside employment while carried on sick or IOD status except by special written permission of the Director, Office of Support Services. ∗ Employees on entry-level probation shall not engage in outside employment. Commanding officers may recommend exception in special cases. 271. RELATIONSHIPS BETWEEN DEPARTMENT EMPLOYEES. Camaraderie among employees is healthy for the employing organization and a necessary ingredient in a successful, productive and fulfilling occupation. However, public trust requires that employees avoid even the 2005 appearance of a conflict between their professional responsibilities and their personal relationships with other employees. Generally, the greatest potential for such a conflict arises from an off-duty social relationship or an outside business interest. Either situation could lead to a personal or financial interest which conflicts with a duty-related responsibility. The avoidance of an actual or potential conflict is particularly acute for superiors and subordinates, by rank or paygrade, within the same chain-of-command. The authority given a superior over a subordinate is a solemn responsibility entrusted to that superior by the Chief of Police. That trust makes the superior an extension of the Chief of Police and demands that every decision made by the superior be totally objective, impeccably fair and, above all, devoid of any personal favoritism. If a superior enters into a personal or business relationship with a subordinate, the motive for decisions made by that superior relative to the subordinate may become suspect and compromise the integrity of those involved. This could lead to a disrupted work environment, reduced production and a decline in morale. All employees should avoid situations which give rise to an actual or apparent conflict between their professional responsibilities and their relationships with other employees. However, should such a situation develop, it is the duty of the involved employees to immediately notify their commanding officer either in person or through the chain-of-command. It then becomes the responsibility of that commanding officer to take appropriate action to eliminate the conflict keeping the best interest of both the employees and the Department in mind. Note: Off-duty personal relationships not involving a chain-of-command conflict are not reportable as conflicts of interest under this Section. However, any personal relationship between employees which negatively impacts an involved employee's performance of his/her professional responsibilities is a matter of serious concern to the Department. The Department reserves the right to take appropriate action, including discipline, to eliminate such conflicts in order to maintain an appropriate work environment. 272. RETALIATION POLICY. Every employee of the Los Angeles Police Department has the right to work in a professional atmosphere and without fear of retaliation that may result from bringing a formal or informal complaint alleging any type of misconduct or from undertaking any of the activities described in the definition below. We undermine our mission of upholding the law and protecting the public if we fail to do so among our own ranks. To ensure that all employees are afforded the opportunity to perform their duties to their fullest potential, it is essential that a supportive work environment be maintained. It is, therefore, every Manual of the Los Angeles Police Department employee's responsibility to refrain from acts of retaliation and to report acts of retaliation. It is recognized that an employee experiencing retaliation may be hesitant to report it; however, the employee is encouraged to come forward to ensure a prompt resolution to the problem. It is the express duty and responsibility of commanding officers and supervisors to ensure that: (1) the officers and support staff under their command neither perpetrate nor perpetuate any form of retaliation; (2) no officer or employee experiences any form of retaliation; (3) no officer or employee acts to inhibit the implementation of this policy; and, (4) acts of retaliation are reported. Retaliation is defined as, but not limited to: harassing language, behavior or conduct, unwarranted punitive action or acts of discrimination that are directed toward another employee, or such employee's family or friends, in response to such employee: ∗ Bringing a complaint or grievance alleging any type of misconduct, including retaliation; ∗ Testifying on behalf of, and/or in support of, another employee who has brought a complaint or grievance alleging any type of misconduct, including retaliation; ∗ Advising another employee who has complained of any type of misconduct, including retaliation; or, ∗ Assisting or participating in any investigation, proceeding or hearing concerning the employee who complained of the misconduct, or taking other actions which are legally protected by federal, state, local or constitutional laws, or any LAPD policy. Equal opportunity and non-discrimination laws, and related Department policies prohibit employers and employees from retaliating against others who undertake any of the activities described above in the definition section. Retaliation also includes acts by a supervisor as reprisal for legitimate and legally protected words or actions of a subordinate, including the subordinate's bringing a complaint alleging any misconduct, including retaliation. Retaliatory action of any type and in any form is considered a separate violation of Department policy. Supervisors have a special responsibility to ensure that their actions are not retaliatory and that they act to effectively prohibit others from engaging in retaliatory acts. The Department prohibits acts of retaliation in any form and employees who commit the same are subject to disciplinary actions up to and including termination. Open/overt and subtle/covert actions that are taken in response to an employee's activities described above in the definition section will constitute retaliation and violations of this Section. Those actions include, but are not limited to: 13