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The City of Rochester Municipal Code of Ethics provision requiring disclosure in support of its efforts to prevent corruption or willful violation of the law by its employees was an example of a rule reasonably related to a specific government purpose. Disclosures were sought as to the arrests of family members, their associations, financial records and histories of drug or alcohol abuse.
Despite the deference given to police management in its stated purpose for a particular rule, there must be a nexus between the information sought and the state interest sought to be promoted.
Attorneys must abide by the Canon of Ethics promulgated by the American Bar Association and those of regional oversight authorities. Many proponents of the ethics curriculum in policing have argued for values-based training in academies. What is somewhat new is the extent to which this value system is enforced.
Doctors are bound by a rigid code of care and fidelity to their patients the neglect of which may result in disciplinary measures. Consider the facts of , 528 F.3d 762 (10 cir., 2008) published this past June.
The ability of a police department to regulate officers as it sees fit to accomplish agency mission and service goals is rarely assailed in court. In ” but which nonetheless are related to the department’s overall mission and organization.
Over the years officers have made attempts to persuade courts to relax agency dictates. Regulations upon officer conduct when off-duty have been similarly upheld to the extent those regulations did not pry into personal matters.
Among senior officers the response was a mocking disregard, among junior officers, a quiet acceptance.(AP Photo/Julie Jacobson) When I’m advising police clients, especially those involved with complaints of off-duty behavior, I inquire into whether the agency has a code of ethics in place.Naturally if there is one in place I want to see a printed copy.Legal challenges to grooming standards (hair length, facial hair, tattoos) have been made with the results frequently leaning in the agency’s favor. Rules and regulations that forbid officers from frequenting certain establishments within their jurisdiction or from associating with known felons have been upheld based on their relation to the agency maintaining good order and avoiding the appearance of impropriety among its officers.When the rules and regulations start to invade the personal privacy of an officer, a reviewing court’s scrutiny is magnified.