270 R.I. Code R. 270-RICR-10-00-1.6

Current through November 7, 2024
Section 270-RICR-10-00-1.6 - Duty and Performance
A. General Knowledge
1. Every member will familiarize himself/herself with all the laws, statutes, ordinances, and Regulations necessary for the proficient execution of his/her duty as a police officer.
2. All sworn employees are responsible for knowing and understanding all Division Regulations, policies, and directives. It is the responsibility of the sworn employee to seek clarification of any order or material, which is not clearly understood.
3. Upon returning from any absence from duty, every member will familiarize himself/herself with all new Regulations, policies, memoranda, and all matters concerning his/her assignment.
4. Members will be familiar with the geography of the state. This includes routes of public transportation, streets, highways, and bridges. Members will also be familiar with the location and function of public buildings, hospitals, courts, transportation offices and stations, prominent office buildings, large industrial plants or commercial establishments, critical infrastructure and such other information as may be disseminated by superiors from time to time.
B. Obedience to Law

Members of the Division shall obey the laws of the United States and the State of Rhode Island, ordinances of local jurisdictions, and court orders. A conviction of the violation of any law shall be prima facie evidence of a violation of this rule of conduct. If it is proven that a member has violated this rule of conduct, the fact that no criminal prosecution was instituted against the member shall not bar Division disciplinary action.

C. Obedience to Rules and Regulations

Members of the Division shall obey the Rules and Regulations of the Rhode Island State Police and any amendment or additions thereto. A violation of these Rules and Regulations, or of any Division policy, may be sufficient cause for disciplinary action. Ignorance of these Rules and Regulations shall not be considered a justification for any such violation.

D. Obedience to Superior Officers
1. Members shall promptly obey all lawful orders given to them by a superior officer. If an order is not understood, it is the responsibility of the member to obtain clarification from the superior officer. Members who are given orders that appear to be in conflict with previously issued orders, rules, or Regulations shall respectfully inform the superior officer who issued the conflicting order. The responsibility for the conflict will then be assumed by the superior officer. If the superior officer does not alter or retract the conflicting order, the member shall promptly obey the order.
2. All general or special orders, memorandums, notices or other orders that have been approved by the Superintendent, or his/her designee, shall have the force and effect of a Division Regulation.
3. Members who received an unlawful order, known or perceived, shall respectfully inform the superior officer who issued the order. If the superior officer does not alter or retract an unlawful order, the member shall promptly report the unlawful order, known or perceived, to the next level supervisor and/or the Professional Standards Unit. Nothing in these Rules & Regulations shall be construed to supersede, contravene or conflict with any Federal or State law or regulation or deny a person's rights under the United States or Rhode Island Constitution and, to this extent, members may act independently in order to avoid such conflict or violation.
E. Acceptance of Responsibility

Members of the Division shall accept the responsibilities imposed upon them by law as to their duties and authority. They shall preserve the public peace, detect and arrest violators of the law, prevent crime, protect life and property, and enforce the criminal laws of the State of Rhode Island.

F. Requests for Assistance
1. Every member, regardless of rank or assignment, shall act instantly to protect life, liberty, or property; to enforce all laws and detect the commission of crimes; and to apprehend law violators.
2. When any person requests assistance or makes a complaint, all pertinent information shall be properly and judiciously acted upon consistent with established Division procedures.
G. Duty to Report Violations

Members of the Division who observe or who have knowledge of violations of laws, ordinances, Rules, Regulations, official orders or is party to litigation including but not limited to criminal, civil or domestic restraining order, on the part of him or herself or another member shall immediately report such incidents to their superior officer.

H. Court Appearances
1. Members are required to attend scheduled court appearances to testify or appear before any court of law, public agency or commission, legislative body, or any other similar forum when notified.
2. Members of the Division appearing before a court or administrative hearing body as a representative of the Rhode Island State Police, shall be attired in the Division uniform, or neatly dressed in appropriate business attire.
3. Uniforms are not allowed during Superior Court or U.S. Federal Court appearances without permission of Superior Court and the Attorney General or the U.S. Federal Court and the U.S. Attorney's Office.
I. Falsification of Employment Applications

The integrity and high ethical standards of the Rhode Island State Police must be maintained; therefore, no person shall procure or retain employment by willfully misrepresenting their qualifications, character, reputation, or physical or mental condition.

J. Dereliction or Neglect of Duty
1. Members of the Division, while on duty, shall at all times remain alert and ready to respond to any situation requiring police action. While on duty, members shall not sleep, conduct personal business, attend to personal pleasures, engage in idle conversation or gossip, or take part in any other activities that would cause them to neglect or be inattentive to duty. It is the obligation of all members to devote their on-duty time to official matters only.
2. Members shall not leave their assigned duty posts during a tour of duty, except when authorized by proper authority.
3. Members on patrol shall remain in their assigned patrol areas while on duty, unless they are in pursuit of a suspect, dispatched elsewhere, or given permission to leave by a superior officer, or in case of an emergency.
K. Unsatisfactory Performance
1. Members shall perform their duties in a manner that will maintain the highest standards of efficiency in carrying out the functions and objectives of the Division. Members shall maintain sufficient competency to properly perform their duties and assume the responsibilities of their positions.
2. Unsatisfactory performance may be demonstrated by an unwillingness or inability to perform assigned tasks; the failure to conform to work standards established for the member's position; the failure to take appropriate action on the occasion of a crime, disorder, or other condition deserving police attention; or absence without leave. In addition to other indicators of unsatisfactory performance, the following shall be considered prima facie evidence of unsatisfactory performance: repeated poor performance evaluations or a record of repeated or numerous infractions of Rules, Regulations, directives, or orders of the Division.
L Physical and Mental Condition
1. Members must immediately notify their superior officer if they are unable to continue to perform their duties or will be unable to report for duty as scheduled or assigned.
2. All members of the Division shall keep themselves in such physical and mental condition as will enable them to readily perform any duties customarily assigned. When a member's physical and mental condition is such that he/she cannot efficiently perform those duties assigned to similar ranks or positions, it is the duty of the commanding officer to make notification through the chain of command.
M. Subject to Call
1. Although certain workday hours are allotted to every member of the Division for the performance of specific workday duties, a member of the force may be required to return to an "on-duty" status at all times for the preservation of the peace and the protection of life, liberty and property. A member shall be prepared at all times and under all circumstances to immediately perform a police duty whether or not the member is in uniform or off workday duty whenever the member is cognizant of a need for police service. A member of the Division shall be fit for duty at all times except when reported sick or injured.
2. Off-duty members may be called back to work at any time. Members are responsible for furnishing their commanding officer contact information, to include while on vacation, for locations other than their residence.
3. Members are responsible for promptly reporting changes of address and telephone numbers.
4. Upon receiving a telephone call or text message from any Division-identified telephone number, the employee shall answer the call or place a return telephone call or text, if appropriate, to the number displayed without delay. Any lapse of time between becoming aware of a missed call or text does not relieve a member from the requirement to return the call without delay. If it is determined that any delay in returning a call or text was intentional, deliberate or willful to avoid or postpone a return/order back to duty, the level of discipline shall be classified as aggravating under the Disciplinary Matrix.
N. Notification of Illness or Injury
1. Members who know they will be unable to report for duty due to illness or injury shall immediately notify their commanding officer and comply with Division policy.
2. Members injured while on duty shall report such injuries to their commanding officer as soon as possible and shall comply with Division policy.
3. Members who become ill while on duty and find it necessary to leave an assigned post or duty shall report this fact to their commanding officer before leaving the assignment or post.
O. Members Reported Sick or Injured
1. Members who are reported sick or injured report are required to remain in their homes, unless they are given specific authorization to leave by a superior officer, or unless they must leave the home for purposes of obtaining necessary medical care.
2. Members on extended leave are not restricted to their homes during recuperation period provided that activities outside of the home do not bring disrepute to the Division.
P. Fictitious Illness or Injury Reports

Members shall not feign illness or injury, falsely report themselves ill or injured, or otherwise deceive or attempt to deceive any member of the Division as to the condition of their health.

Q. Rest Periods/Meals
1. Approved rest breaks shall not be taken during peak traffic periods, during times of emergency, or at any other times prohibited by the superior officer.
2. No more than two members on duty shall be present at the same establishment at one time, except with the approval of a superior officer.
3. Members may stop for breaks only at locations within their patrol area. Members may not stop at any location prohibited by the Superintendent.
4. The patrol vehicle shall be properly parked and, when possible, shall be positioned to facilitate safe and easy departure in cases of emergency. Keys shall not be left in unoccupied patrol cars at any time. No attempt shall be made to hide the vehicle.
5. During approved breaks, members will still be required to answer calls for service when necessary. Members shall display a willingness to be of assistance to the public during rest periods and meals.
R. Treatment of Persons in Custody

No member shall mistreat any persons who are in custody. Members shall handle persons in custody of the Division, or any other law enforcement agency, in accordance with the law and established procedures.

S. Bail or Bond for Persons Arrested

No member shall furnish, post or assist with bail or bond for any person who has been arrested, except for members of his/her immediate family.

T. Processing Property and Evidence
1. Property or evidence which has been discovered, gathered, or received in connection with Division responsibilities shall be processed and disposed of in accordance with established Division procedures.
2. Members shall not manufacture, conceal, falsify, destroy, remove, tamper with, or convert to their own use, any property or evidence, except in accordance with established Division procedures.
U. Interference with Legal Processes: Unauthorized Investigations
1. Members shall not interfere with cases assigned to other members, persons or agencies for investigation, nor shall they interfere with any arrest or prosecution brought by other members, persons, or agencies without authorization of a superior officer.
2. Members of the Division shall not undertake any investigation or other official action outside their regular duties without obtaining permission from their commanding officer, except in exigent circumstances.
V. Recommendations Regarding Disposition of Case

Members shall not make any recommendation to any court or other judicial agency regarding the disposition of a pending criminal court case. Members shall refrain from making any recommendation or comment that might tend to reflect the Division's official approval or disapproval of another such agency's action.

W. Care and Maintenance of Division Property, Equipment and Vehicles
1. Members shall maintain, in good condition, all property and equipment assigned to them or under their control. They shall immediately report to their superior officer any loss or damage of Division property, equipment or vehicles assigned to them or under their control. They shall also notify their superior officer of any defects or hazardous conditions existing in any property or equipment assigned to them.
2. In those cases where State property is found bearing evidence of damage which has not been reported, the last person using the property, equipment, or vehicle will be held responsible for said damage.
3. A member shall not convert to his/her own use any property of the State of Rhode Island.
X. Operation of Official Vehicles
1. Members shall operate official vehicles in a careful and prudent manner and shall obey all State laws and the Rules and Regulations of the Rhode Island State Police pertaining to such operation. Loss or suspension of any driving license shall be reported immediately.
2. Except in emergencies or other unusual situations, the operator of the Division vehicle shall lock the ignition and the doors and remove the key from his/her vehicle when leaving it unattended.
Y. Accidents Involving Police Vehicles
1. Whenever a member of the Division is involved in an accident while operating a police vehicle, he/she shall immediately notify his/her superior officer.
2. A superior officer shall investigate said accident, complete all related reports and make notification through the chain of command without unreasonable delay.
3. In the case of a collision involving significant damage and/or serious bodily injury/death, notification shall be immediately made through the chain of command to the Superintendent.
Z. Wearing of the Division Uniform
1. As a para-military organization, the Rhode Island State Police requires uniformity among its members. The image of a well-groomed, properly uniformed force will inspire confidence and respect among the general public. The basic uniform has remained largely unchanged since the inception of the force and serves as a symbol of this organization's longstanding tradition of dedicated public service. When a member wears the uniform of the Rhode Island State Police, he/she wears the symbol of the outstanding reputation this force has gained during its years of tireless devotion in the public interest.
2. The official uniform of the Division of State Police shall consist of the items and articles described in Division General Order 29A, entitled "Guidelines of Division Issued Uniforms & Uniform Equipment Items," from which the "uniform of the day" will be prescribed as occasion demands, together with such additional accessories and equipment as the Superintendent may hereafter adopt and prescribe. Insignia, badges, service stripes, decorations, firearms, other equipment and parts of the uniform itself shall be worn as prescribed by said Division policy, and no item may be worn unless it has been specifically authorized by the Superintendent.
3. The uniform and accessories shall be kept clean and in good repair at all times. Faded or threadbare items of uniform clothing shall not be worn. Trousers/or breeches, blouses and shirts shall be of the same color and shade.
4. The uniform hat shall be set squarely on the head in military fashion, not tilted to the side nor worn on the back of the head.
5. All members in uniform shall wear the uniform hat when in public when outside of a Division vehicle, building or in public settings. Members operating Division vehicles are not required to wear their uniform hat; however, the uniform hat must be worn upon initiating a motor vehicle stop and while out of the vehicle.
6. The uniform may be worn off duty to represent the Division only with the express approval of a member of the Division Command Staff.
7. No unauthorized modifications made be made to any part of the Division Uniform, Identification or Badge.
AA. Personal Appearance
1. Members shall be neat, clean, well-groomed and present a professional appearance at all times while on duty unless otherwise prescribed by a superior officer as part of official duty performance.
2. General Regulations for Personal Grooming - Male and Female
a. Hair will be neatly trimmed, clean and combed or brushed in such a manner that all Division headgear (emergency, protective and uniform), of a size commensurate with the head size, may be worn.
b. The length, bulk or appearance of a member's hair shall not be excessive, ragged, shabby, bushy, unkempt or neglected.
c. Hair may not be worn in multiple braids, ponytails, cornrows, or in a Mohawk style.
3. Hair Regulations While in Uniform - Males
a. Hair on the forehead shall be groomed so that it does not fall within one inch (1") of the eyebrows and will not extend below the band of properly worn headgear.
b. Hair on the back and sides of the head shall be cut in a tapered style so that the hair conforms to the general shape of the head.
c. Hair will not extend over the shirt or coat collar when the member is standing with the head in a normal posture and will not be grown to a length greater than one half inch (1/2") at the base of the back of the head. Hair must be neatly tapered.
d. Sideburns may not extend below the lowest part of the exterior opening of the ear, not flared, of even width and ending with a clean-shaven horizontal line.
e. Hair may not cover any part of the ears, nor shall the hair (when normally combed) extend outward from the skull to a depth greater than that measured by the outward protrusion of the ears.
f. Members are prohibited from growing beards, mustaches, or facial hair of any description unless authorized as part of their official duties.
4. Hair Regulations While in Uniform - Females
a. Hair may not be worn longer than the bottom of the collar on the back of the head, and to the bottom of the earlobe on the sides. The total length will not interfere with the normal wearing of Divisional headgear.
b. A bun or twist will be permitted on the top or back of the head, provided it is worn in a neat manner and does not interfere with the wearing of Divisional headgear.
c. No ribbons or ornaments shall be worn in the hair except for inconspicuous bobby pins or conservative barrettes, which blend with the hair color.
5. Jewelry
a. Any jewelry worn on duty by a member not in uniform must portray a professional appearance and be content neutral unless otherwise authorized for undercover or other authorized assignment. Earrings, necklaces and other forms of jewelry that, due to size or design, may cause injury, be disruptive or present an offensive or intimidating impression, or otherwise interfere with law enforcement actions, shall not be worn on duty. No unauthorized jewelry may be worn with a Division uniform. This regulation does not prohibit the wearing of religious jewelry underneath uniform or non-uniform clothing.
6. No body piercing, tattoos, or other body art may be visible while in Division uniform or on duty if not in uniform. The use of a flesh-colored sleeve will be acceptable to conceal any tattoos that are visible from the upper arm to the wrist bone. Tattoos cannot be located on the head, face, neck above the V-neck t-shirt line, inside the eyelid, mouth or ears, on the wrists, hands, or fingers. Under no circumstances will tattoos that are considered offensive be permissible. These include, but are not limited to, any tattoos that are extremist, indecent, sexist or racist.
7. Cosmetics

Female members may wear cosmetics provided that they are naturallooking and match the natural skin color of the individual. Fingernail polish, if worn, must be clear. The wearing of false eyelashes, or excessive lipstick or mascara, is prohibited.

8. All members of the Division not required to wear a uniform must be neatly dressed in appropriate business attire. When authorized, other forms of non-uniform attire are acceptable for undercover and/or surreptitious investigations.

270 R.I. Code R. 270-RICR-10-00-1.6

Amended effective 3/12/2023