Regulating off-duty officer behavior will always be a legal challenge, as there is a very fine line between balancing the organization’s right not to employ an unethical officer versus the officer’s right to off-duty privacy.
The scales of justice dictate that courts weigh the differing interests of the parties before them and derive a fair and just resolution that benefits the majority’s interests. Philosophically speaking, the majority’s interest in policing must belong to the community the agency serves, not to the organization, individual officers, or the police union. A police agency that drafts and adheres to its own template of accountability demonstrates to its citizens, its employees, and the courts its commitment to provide professional police services by maintaining a level of integrity both professionally and personally.
Labor law, not unlike criminal law, seeks to define employee behavior that violates the rules and regulations of an organization. Mission statements, codes of ethics, and oaths of office provide all employees and policy makers with guidelines for an agency’s expectations for both on- and off-duty behavior. Yet without clear and concise definitions of an agency’s expectations, employees may never truly associate their own immoral off-duty behavior as noncompliant with an agency’s expectations.
The following examples of conduct unbecoming are not cited in order to imply they are the law of the land and must be followed; rather, they are cited as examples of what agencies have had to address regarding legal off-duty behavior by employees that was deemed unethical and resulted in litigation. The profile for off-duty conduct unbecoming cases is simple:
1. Alleged misconduct occurs while an officer is off duty.
2 The alleged misconduct is reported by a citizen, the media, or a fellow officer.
3. The allegation results in an internal investigation.
4. Charges are filed based on the chief’s opinion that the behavior violated the organization’s rules.
5. A disciplinary hearing results in the officer’s discipline: days off without pay, reduction in rank, or termination.
6. A lawsuit is filed by the officer alleging a property loss resulting from the penalty for off-duty legal behavior.
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The bimbo's actions undermine the Department's standing as an unbiased, objective and non-racist organization, coupled with her flagrant lies concerning her knowledge of the rag's history...yeah, file a lawsuit...lol.