11.00.160 DEPARTMENT ORDERS (CALEA 12.1.3)
No supervisor or commander will knowingly issue any order which is in violation of any law, regulation, policy or procedure.
Orders will typically follow the chain of command in descending order. However, at times it may be necessary for a ranking authority to issue an order that by-passes rank structure. For example, a Captain issues an order to a Lieutenant through an officer. The officer then contacts the Lieutenant and advises him of the order. The Lieutenant is required to obey the order, even though it is coming from (relayed by) an officer.
Orders from supervisors to subordinates will be in clear, understandable language, civil in tone, and issued in pursuit of departmental business.
Obedience to unlawful order
No employee is required to obey any order which is contrary to federal or state law, or local laws. Responsibility for refusal to obey rests with the employee, and he/she will be required to justify his/her action.
An employee receiving an unlawful order will, at first opportunity call the conflict to the attention of the person issuing the order. If the order is not withdrawn, the employee will report in writing to the Chief of Police, through the appropriate chain of command. The report will contain the facts of the incident and the actions taken or not taken.
Employees who obey an unlawful order without notifying the issuer or who refuse to obey a lawful order are subject to appropriate disciplinary action.
Obedience to Unjust or Improper Orders
An employee receiving an unjust or improper order will, at first opportunity, call the conflict to the attention of the person issuing the order. If the order is not withdrawn, the employee must first obey the order to the best of their ability and then may proceed to object to the unjust or improper order pursuant to departmental regulations.
Reports and Appeal – Unlawful, unjust, or improper Orders
An employee receiving an unlawful, unjust, or improper order will, at first opportunity, report the situation in writing to the Chief of Police through the appropriate chain of command. The report will contain the facts of the incident and the action taken. Appeals for relief from such order(s) may be made at this same time.
Upon receipt of an order conflicting with any previous order or instruction, the employee affected will advise the person issuing the second order of this fact. Responsibility for countermanding the original order or instruction will then rest with the individual issuing the last order. If so directed, the latter command will be obeyed first. Orders or instructions will be countermanded, or conflicting orders will be issued, only when reasonably necessary for the good of the Department.