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The New Police Policy Manual

· By Daniel Morrow · From pages 4, 5, 10, 11 of the print edition

In April, Middleburg Police Chief A. J. Panebianco reported to Town Council that he had completed a comprehensive new policy manual for his department that reflects "the highest standards of police procedure across the State of Virginia."

More than 400 pages long, the new manual covers some one hundred and twenty different topics.

It replaces an interim manual about one seventh of the size of the new one, begun by Panebianco's immediate predecessor, Chief William Klugh.

The new policies were formally introduced to the Middleburg Police Force on April 23, 2014 and became effective May 1.

Excerpts from the new manual follow.

General Principles

The Middleburg Police Department expects its personnel to maintain high standards of appearance and conduct. The public similarly expects such high standards. Officers wield considerable power over the citizenry, power that is carefully circumscribed by state and federal law, and, ultimately, by the Constitution and Bill of Rights. Our powers to arrest, seize property, and interfere, at times, with the lives of citizens constitute a public trust. We can help insure that we regard this trust as vital by exemplary performance in our jobs. Performance is not enough: we must always conduct ourselves in an exemplary fashion.

Oath of Office

"... all personnel prior to assuming sworn status must take an oath of office to enforce the Constitution of the United States, the Constitution of the Commonwealth of Virginia and the ordinances of the Town of Middleburg."

Code of Ethics

"All officers will display the degree of integrity required by the Law Enforcement Code of Ethics:

"As a law enforcement officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the constitutional rights of all men to liberty, equality, and justice.

"I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the law of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of duty.

"I will never act officiously or permit personal feelings, prejudice, animosities, or friendships to influence my decisions with no compromise for crime and with relentless prosecution of criminals. I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.

"I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession - law enforcement."

Individual Discretion

"This policy allows sworn personnel to use discretion and provides certain guidelines to assist the officers in their discretion when applying alternatives to arrest. Employees of the office shall use discretion in the performance of their respective duties that reflects sound judgment in order to preserve the confidence of the community served. Sworn officers may use alternatives to arrest (e.g., citations, informal resolutions, and warnings) to address the variety of problems they confront when feasible."

. . . It is the responsibility of each employee of the Middleburg Police Department to use discretion in the performance of their duties that is reflective of sound judgment on the officer's part and will not tarnish the image of the officer, the office, or citizenry of the community served.

. . . All sworn personnel may utilize their discretion in handling individuals on matters when it becomes obvious to the officers that a warning will suffice as well as, or better than, an actual physical arrest, providing the circumstances justify the warning and not an arrest.

Profiling

The purpose of this policy is to unequivocally state that racial and ethnic profiling in law enforcement is completely unacceptable, to provide guidelines for officers to prevent such occurrences, and to protect our officers when they act within the dictates of the law and policy from unwarranted accusations.

A fundamental right guaranteed by the Constitution of the United States to all who live in this nation is the right to equal protection under the law. Along with this right to equal protection is the fundamental right to be free from unreasonable searches and seizures by government agents.

Citizens are free to walk and drive our streets, highways, and other public places without police interference so long as they obey the law. They also are entitled to be free from crime, and from the depredations of criminals, and to drive and walk our public ways safe from the actions of reckless and careless drivers.

It is the policy of the Middleburg Police Department to patrol in a proactive manner, to aggressively investigate suspicious persons and circumstances, and to actively enforce the motor vehicle laws, while insisting that citizens will only be stopped or detained when there exists reasonable suspicion to believe they have committed, are committing, or are about to commit, an infraction of the law.

Chain of Command and Jurisdiction

The Department is established by law (Code of Virginia, 15.2-1701) and "shall consist of a chief of police, such regular officers and employees as may be specified by the town Council. The police department shall be under the general supervision of the town administrator. The Chief of Police shall be the chief executive of the police department and shall develop policy and procedures in accordance with the current standards and common practices within the Commonwealth of Virginia. The Chief of Police reports directly to the Town Administrator. Police officers are charged with enforcing the laws of the Commonwealth of Virginia and all the ordinances of the Town of Middleburg. Jurisdiction of the police department is limited to the town boundaries, except when another department requests assistance, or when enforcing laws on property owned by the town, but outside its boundaries. The organization of the police department will support the effective and efficient accomplishment of departmental responsibilities and functions.

Citizen Complaints

It is most important that the citizens of the Town of Middleburg have complete confidence in their police department, and to this end, measures have been taken to assure adequate, complete and expeditious processing of allegations of misconduct by department employees.

The police department recognizes that its employees are often subject to intense pressures in the discharge of their duties. They must, however, remain neutral under circumstances that are likely to generate tension, excitement and emotion. In such situations, words, actions and events frequently result in misunderstanding and confusion. It is to the advantage of both the police department and the public to have a staff unit for the processing and investigation of the more serious allegations, and the underlying circumstances. By keeping the rights of the citizen and the complicated pressures of police work in mind, complaints can then be resolved.

Internal Affairs exists to assure the citizens of the community and the employees of the police department fair, impartial and exhaustive examination of all allegations and complaints.

. . . Citizens desiring to make a formal complaint shall come to the police department to obtain a Citizen's Complaint Form or if they so desire they may state the complaint to an officer of the police department, submit the complaint anonymously. However, it is important to note that the more involved the complainant is in the investigative process the more likely it can be resolved.

Media Relations/"Perp Walks"

The police department recognizes the importance of a free press and the public service provided by the news media. The department actively seeks to establish a cooperative climate in which the news media may obtain information on matters of public interest. However, at times certain information must be withheld from the news media in order to protect the constitutional rights of persons involved or to avoid interfering with department investigations or because it is privileged information.

Information pertaining to the following areas shall NOT be released.

a. A detailed description of suspects or evidence which could hinder or prejudice the investigation.

b. Prior criminal record of the accused.

c. The character or reputation of the accused. (If the accused has not been apprehended, an officer associated with the investigation may release any information necessary to aid in the apprehension of the accused or to advise the public of potential danger.)

d. The existence or contents of any confession, admission, or statement given by the accused, or the refusal or failure of the accused to make any statement, to perform any examination, or submit to any test.

e. Personal opinions about the suspect, his guilt or innocence, mental status, anticipated plea, or value of evidence against the accused.

f. At no time is it appropriate to notify the news media of details for a pending arrest. The department prohibits notifications for what is commonly referred to as a "perp walk."