Richar J. Behnke ai■ Joseph M. Underwood, Jr. Sheriff CASS COUNTY OFFICE OF SHERIFF 321 M-62 North, Cassopolis, MI 49031 Administration: (269)-445-8644 Dispatch.' (269) 445-1560 Richard J. Behnke Undersheriff April 20, 2012 Police A busc.con: 10460 R oosel, di Blvd. OP St. Petersbdrg, FL 32716 RE: FOIA Request, Incident Sam Adams Middle School March 9, 2012 Dear Mr. Antonelli, This letter is in response to your F(I)IA request dated April 9, 2012 received by our office on April 16, 2012. Enclosed you will find copies of the CAD event report and copy of a citizens complaint formand a copy of our Policy on officer conduct. There are no other documents regarding this case. The Deputy assigned to Cassopolis School as SRO is Deputy Kerry Bathe badge #1475. Please forward payment of $20.00 to complete this FOIA request. If you have any questions please feel free to contact me at 269-445-1202. Sincerely, The Cass County Sheriff's Office, recognizing its commitment of service to all citizens, will provide professional law enforcement and crime prevention in accordance with the highest possible standards of integrity and fairness.
Transcript
Richar J. Behnke
ai■
Joseph M. Underwood, Jr.
Sheriff
CASS COUNTY
OFFICE OF SHERIFF321 M-62 North, Cassopolis, MI 49031
Administration: (269)-445-8644
Dispatch.' (269) 445-1560
Richard J. Behnke
Undersheriff
April 20, 2012
Police A busc.con:
10460 R oosel, di Blvd. OP
St. Petersbdrg, FL 32716
RE: FOIA Request, Incident Sam Adams Middle School March 9, 2012
Dear Mr. Antonelli,
This letter is in response to your F(I)IA request dated April 9, 2012 received by our officeon April 16, 2012. Enclosed you will find copies of the CAD event report and copy of acitizens complaint formand a copy of our Policy on officer conduct. There are no otherdocuments regarding this case. The Deputy assigned to Cassopolis School as SRO is
Deputy Kerry Bathe badge #1475.
Please forward payment of $20.00 to complete this FOIA request.
If you have any questions please feel free to contact me at 269-445-1202.
Sincerely,
The Cass County Sheriff's Office, recognizing its commitment ofservice to all citizens, will provide professional law enforcement and crime
prevention in accordance with the highest possible standards of integrity and fairness.
Call Received:
Call Routed:
Call Take Finished:
1st Dispatch:
1st En-Route:
1st Arrive:
Last Clear:
03/09/12 08:11:03
03/09/12 08:11;03
03/09/12 08:11;03
03/09/12 08:11:03
03/09/12 08:11:03
03/09/12 08:27:49
Time From Call Received
Unit Reaction:
En-Route:
(Time Held) On-Scene: 000:16:46
(1st Dispatch to 1st Arrive)
(1st Dispatch to 1st En-Route)
(1st Arrive to Last Clear)
(Reaction Time)
000:16:46
User: DOUGW CASS COUNTY CENTRAL DISPATCH 04/19/12 15;03:20
RE: FOIA Request, Incident Sam Adams Middle School March 9, 2012
Dear Mr. Antonelli,
This letter is in response to your FOIA request dated April 9, 2012 received by our officeon April 16, 2012. Enclosed you will find copies of the CAD event report and copy of acitizens complaint formand a copy of our Policy on officer conduct. There are no otherdocuments regarding this case. The Deputy assigned to Cassopolis School as SRO isDeputy Kerry Bathe badge #1475.
Please forward payment of $20.00 to complete this FOIA request.
If you have any questions please feel free to contact me at 269-445-1202.
Sincerely,
Richard J. BehnkeUndersheriff
Name
Address
JOSEPH M. UNDERWOOD JR.
Sheriff
OFFICE OF SHERIFFCass County, Michigan
LARRY GORHAM
Undersheriff
CITIZEN'S COMPLAINTREQUEST FOR INVESTIGATION
Complainant's Full Name
Residence Address
Phone Number Date of Birth
May we call you at work? Yes No Work Phone Nurnber
Location of Incident
Date Time
CONIPLAEST OF ACTION
Vvritnesses:
Name
Address
Appro)±-nate Age A_ppro ‘d.Triat e Age
321 M-62 North Cassopolls, MI 49031 Telephone (616) 445-8644 Fax (616) 445-2484
COMPLAINT (describe in detail):
I certify that the statements given herein are tale and complete to the best of my
knowledge. I authorize investigation of all statements contained-in this statement as may
be necessary.
Sj.:5117,7117:: of Compiahhant
OFFICE USE ONLY
Members involved: Trite.mal -rnvestigation
Related Com.olaint #
Received by: Date:
Tim e: In? erS on By Mail
Adn-).12-iistrator to whom initial complaint was given:
Date
DISPOSITION
Substantiated Unsubstantiated: TOT:
Date Sip.,nature
CHAPTER 3
PERSONNEL
CONDUCT POLICY
UNIFORM REGULATIONS
PERSONAL APPEARANCE
Effective Date: March 1, 1997 Distribution Code: GINS
Revised: February 1, 2010
CHAPTER 3
CONDUCT
POLICY 3-1
Page I of 15
CODE OF CONDUCT
I. ETHICAL RESPONSIBILITIES
A. Standard of Conduct:
The conduct of departmental members shall be free from impropriety.
Their personal behavior, both on and off duty, shall be such that at no
time will it bring discredit to the Cass County Sheriff's Department.
B. Honesty:
1. Employees shall be truthful, accurate and complete in oral and
written communications, statements and reports; testimony;
official administrative and employment records; and state-
ments and interviews in internal investigations. The only
exception to this standard is when the nature of an employee's
assignment or the exigency of ensuring their safety or the
safety of others requires the temporary and specific use of
deception, and only then for a lawful purpose. Employees
may not represent themselves in any way as a member of
the media.
2. Substantiated allegations of dishonesty may affect an employee's
ability to serve as an effective witness in court, and thus may be
grounds for termination.
3. One of the Department's responsibilities is to investigate and assist
the prosecutor in the prosecution of persons who commit crimes.
Police also have an equally important responsibility to assist the
prosecutor in preventing any miscarriage of justice. Employees
shall promptly report information that bears on or establishes
innocence of a person under investigation, or who has been
charged with or convicted of a crime, to their chain-of-command.
Effective Date: March 1, 1997 Revised: August 1, 2006
CHAPTER 3
CONDUCT
POLICY 3-1
Page 2 of 15
C. Integrity:
Integrity is uncompromising adherence to moral and ethical principals and
soundness of moral character. As a Department standard, employees shall
be consistent in their conduct and adherence to law and Department
policy. Employees shall not engage in conduct, nor associate with
individuals or groups, to the degree where such conduct or association
would lead a reasonable person to believe that the neutrality in employee
enforcement decisions and actions may be compromised.
1. Conflicts of Interest
a. Employees shall not engage in enforcement, investigative
or administrative functions that create conflicts of interest
or the appearance of conflicts of interest. For example,
employees shall not be the primary investigators of crimes
where they are the victim, nor effect arrests — except in an
emergency — of family members, business associates or
social acquaintances. Employees shall exercise discretion
in favor or recusing themselves from any process that
might reasonably be expected to either benefit or
adversely impact anyone with whom they have a family,
business or personal relationship.
b. If an employee must recuse themselves during an
investigation of a crime, traffic crash or other incident, a
command officer shall be contacted immediately.
c. If, in the command officer's opinion, a potential for a
conflict of interest exists, another employee or, in
certain cases, another law enforcement agency with
jurisdiction will then be contacted to continue the
investigation.
d. The recused employee shall provide any and all assistance
requested by the investigating officer/agency.
Effective Date: March 1, 1997 Revised: August 1, 2006
CHAPTER 3
CONDUCT
POLICY 3-1
Page 3 of 15
2. Employee Associations
Employees shall not associate with persons, entities and
organizations where such association reasonably gives the
appearance of conflict of interest in employee enforcement
decisions or actions, criminal activity or permitting
criminal activity.
3. Misuse of Authority
Employees shall not use their position or authority as a
police officer for personal gain.
4. Gratuities
Personnel shall not solicit or accept any gifts, gratuities, loans or
any other thing of value not available to other departmental
employees, which might tend to influence the action of any
employee in matters of police activity.
5. Rewards and Donations
All rewards and donations earned by members of this Department
through official action may be accepted only by the Sheriff or his
designee on behalf of the Cass County Sheriff's Department.
6. Misconduct
All employees shall report any illegal activity or misconduct by
fellow employees to their immediate supervisor, in writing,
through proper channels. In the event of a conflict of interest,
established channels may be bypassed.
7. Compromising Criminal Cases
Employees shall not interfere with the administration of criminal
justice. Personnel shall not:
Effective Date: March 1, 1997 Revised: August 1, 2006
CHAPTER 3
CONDUCT
POLICY 3-1
Page 4 of 15
a. Participate in or become involved with any activity which
might interfere with or interrupt any legal process of law.
b. Except in the interest of justice and then only according to
departmental procedures, attempt to have any legal process
dismissed, reduced, voided or stricken from official records
(without express permission from the Sheriff or his
designee).
c. If contacted by defense counsel, employee will first contact
their chain of command.
8. Reports and Records
a. No employee shall knowingly alter, remove or falsify
official records, nor cause to be entered any inaccurate,
false or misleading information in any Department books,
records or reports.
b. Personnel shall not reveal the contents of any official
police
record, report or document outside the Department except
as required or permitted by law or competent authority.
c. All reports shall be completed in a timely manner.
1. In custody reports shall be completed so that the
subject can be arraigned within the time frame set
by the courts and the law.
2. All other reports shall be completed prior to the
employee's days off unless permission is granted
by the employee's supervisor to delay further.
Effective Date: March 1, 1997 Revised: August 1, 2006
CHAPTER 3
CONDUCT
POLICY 3-1
Page 5 of 15
9. Personal Preferment
No employee shall seek the influence or intervention into
Departmental affairs by any person outside the Department for
purposes of personal preferment, advantage, transfer or
advancement.
10. Obedience to Law
Members shall NOT knowingly violate any laws of the United
States, State of Michigan or any ordinance of a unit of local
government.
11. Recommendations and Referrals
Personnel shall not suggest, recommend, advise or otherwise
counsel the retention of any specific attorney, bail bondsmen or
any other service to any person coming to their attention as a result
of police business.
12. Financial Transactions - Inmate - Employee
No member of this department shall engage in any financial or
business transaction, business dealing or association with an
inmate of this facility.
13. Political Activity on Duty
Involvement in partisan political activities will not be permitted
during an officer's on-duty time. Political activities include
soliciting or receiving any assessment, subscription or contribution
for any political party or cause, or storing, posting, carrying or
distributing political literature of any nature.
Effective Date: March 1, 1997 Revised: August 1, 2006
CHAPTER 3
CONDUCT
POLICY 3-1Page 6 of 15
D. Cooperation:
1. Maintaining cooperation between the units of the Department
is essential to effective law enforcement, and personnel will
assist and aid a fellow employee whenever the fellow
employee is acting in accord with this policy and the law.
2. Conduct Toward Other Officers and Associates:
a. Employees shall treat superior officers, subordinates
and associates with respect. They shall be courteous
and civil at all times in their relationships with one
another.
b. When on duty and particularly in the presence of other
officers, employees or the public, officers should be
referred to by rank.
c. Derogatory, demeaning, bigoted, harassing and/or
insensitive comments, jokes, printed material, etc., is
strictly prohibited in the work place.
d. Deliberate refusal or failure of any officer to obey and
accept a lawful order given by a superior officer is
insubordination. Should any lawful order given by a
superior officer conflict with any previous order or
published directive, the officer will respectfully bring
this conflict to the attention of the superior officer.
The superior officer who issued the conflicting order
will take any necessary steps to correct the conflict
and/or assume responsibility for the subordinate's
actions.
Effective Date: March 1, 1997 Revised: August 1, 2006
CHAPTER 3
CONDUCT
POLICY 3-1
Page 7 of 15
II. PERSONAL RESPONSIBILITIES
A. Alcoholic Beverages:
1. Employees shall not consume intoxicants during a tour of duty,
unless necessary in the performance of police duties and then
only with the specific permission of a commanding officer.
2. Officers shall never consume intoxicants while in uniform or when
in possession of a marked department vehicle.
3. Personnel shall not bring into or keep any intoxicating liquor in
the Department except when necessary in the performance
of duties.
4. Personnel shall not report for duty when under the influence of
intoxicating liquor or with the smell of intoxicants upon their
breath or person.
B. Smoking:
1. Personnel shall not smoke in department vehicles.
2. Personnel shall only smoke in an assigned area
Effective Date: March 1, 1997 Revised: August 1, 2006
CHAPTER 3
CONDUCT
POLICY 3-1
Page 8 of 15
3. Personnel shall be governed by courtesy, common sense and good
manners when smoking, and shall remain as inconspicuous as
possible.
C. Debts:
Employees shall pay all just debts and legal liabilities incurred by them
according to agreements.
D. Knowledge of Policy and Procedures:
Every member is required to establish and maintain a working knowledge
of policies and procedures of the Cass County Sheriffs Department,
as related to his/her employment.
E. Testimonials:
1. Employees shall not seek personal publicity in the course of their
employment.
2. Personnel shall not permit their names or photographs to be used in
any commercial testimonial which alludes to their position or
employment with this Department without the permission of the
Sheriff.
3. Members shall not permit names or photographs to be used to
endorse any product or service which is in any way connected with
law enforcement without the permission of the Sheriff.
F. Physical Fitness:
All employees shall maintain that degree of physical fitness which will
enable them to handle the physical activity of their classification.
Effective Date: March 1, 1997 Revised: August 1, 2006
CHAPTER 3
CONDUCT
POLICY 3-1
Page 9 of 15
III. GENERAL RESPONSIBILITIES
A. Professionalism:
1. Department employees, and particularly sworn uniformed officers,
are the most conspicuous representatives of government, and are
legally granted significant authority to enforce the law and ensure
public order and safety. The overarching standards that govern
this authority include conduct that is respectful, neutral, objective
and unbiased. Specific rules and guidelines that relate to this
standard include the following:
a. Exercise of Discretion
Discretion consists of the ability to apply reason,
professional experience and judgment in decision-making.
Employees are authorized and expected to use discretion
consistent with the mission of the Department and duties of
their office and assignment. Generally, the scope of one's
discretion is proportional to the severity of the crime or
public safety issue the employee is tasked to address. In
other words, an employee's scope of discretion in dealing
with a minor traffic infraction is broader than when
affecting the arrest on probable cause for a domestic
violence misdemeanor or felony. The overarching standard
defining discretion is that all decisions must be reasonable,
articulable, warranted and justified. Employees who
engage in conduct that is or reasonably appears to be
excessive, unwarranted and unjustified may be investigated
for either a specific act of misconduct (referenced by a
specific Manual citation) or an allegation of "Failure to
Exercise Appropriate Judgment and Discretion" under this
article.
Effective Date: March 1, 1997 Revised: August 1, 2006
CHAPTER 3
CONDUCT
POLICY 3-1
Page 10 of 15
B. Duty Responsibilities:
1. Requirements of telephone, change of street address and telephone
number.
a. Properly functioning telephone shall be required in the
primary residence of all sworn departmental members.
b. All employees of the Sheriffs Department shall inform the
shift commander of any change in street address and/or
telephone number within 24 hours after such a change is
made.
c. If requested by departmental member, the phone number
will be marked as confidential and shall not be released.
2. It shall be the responsibility of an off-duty employee, who cannot
be notified in person, to contact the Department as soon as
possible when he becomes:
a. aware of a major incident occurring in the county or,
b. aware that the office is trying to contact them.
3. Officers assigned to special duties are not relieved from taking
proper police action outside the scope of their specialized assign-
ment.
4. Employees of this Department are subject to duty at all times and
must report for assignment as soon as possible when requested to
do so by an authorized Department member.
5. Employees shall be available to the public during duty hours.
6. Employees shall access their voice mail and e-mail each working
day and return all messages as soon as possible.
a. Should either mailbox be inaccessible, the employee shall
notify the supervisor who's responsibility it is to ensure
the mailbox is made accessible again or notify the Sheriff
if it cannot be.
Effective Date: March 1, 1997 Revised: August 1, 2006
CHAPTER 3
CONDUCT
POLICY 3-1
Page 11 of 15
C. Accidents and Injuries:
1. All employee injuries occurring on duty shall be reported
immediately to a supervisor.
2. The supervisor informed of the employee's injury will then fill out
an Employee Basic Report of Injury form and will be responsible
for contacting the Sheriff or his designee in regard to the type
and severity of the injury.
D. Equipment:
1. All required personal equipment must be clean and in good
working order and conform to Department specifications.
Employees are responsible for the proper care, maintenance and
repair of equipment issued to them by the Department.
2. Members shall report immediately to their supervisor any loss or
damage to Department property assigned to or used by them.
3. County property and supplies shall not, without prior permission
of the Sheriff, be used for personal matters or unofficial business.
E. Department Vehicles:
Personnel shall not use any Department vehicle except as authorized.
F. Unauthorized Absence:
1. Every employee shall promptly notify an appropriate supervisor
if he is unable to report for assigned duty on time. He shall not
leave his specified assignment until the end of his tour or duty
unless authorized by his superior or higher authority.
Effective Date: March 1, 1997 Revised: August 1, 2006
CHAPTER 3
CONDUCT
POLICY 3-1
Page 12 of 15
2. Any employee who fails to report for duty for any reason except
as provided for in the existing labor contract or county policies
shall forfeit all pay for the period of absence unless the absence
is determined by the individual's immediate supervisor to be of an
unavoidable nature with approval of the Division Commander and
the Sheriff. Such unexcused absences shall constitute grounds
for additional disciplinary action.
3. It shall be the duty of the supervisor or acting authority to report
in writing any unauthorized absence to the appropriate Division
Commander. Unavoidable absences shall be logged by the
employee's immediate supervisor and referred to the Division
Supervisor after verification and authenticity of the absence.
G. Communications and Correspondence:
Personnel shall not:
I. Use department stationary for private correspondence.
2. Correspond in the name of the Department without permission
from their Division Commander.
3. Use the address of the Department on any motor vehicle
registration or driver's license.
4. Conduct personal business on duty that would affect availability
for service without prior approval of their supervisor.
H. National Anthem and Colors:
Officers shall, when circumstances permit, stand at attention for the
National Colors and Anthem in uniform.
Effective Date: March 1, 1997 Revised: August 1, 2006
CHAPTER 3
CONDUCT
POLICY 3-1
Page 13 of 15
H. Physical Force:
1. Use of physical force shall be in accordance with the provisions of
the laws of the State of Michigan and Department policy (see use
of force policy, Chapter 8).
I. Radio Procedures:
1. Members using the police radio shall conduct themselves in a pro-
fessional manner at all times.
2. There shall not be unnecessary transmissions, and all transmissions
shall be short and direct.
J. Press Relations:
All inquiries from the press shall be forwarded to the Sheriff or his
designee. In the absence of the Sheriff or his designee, the shift
commander will handle these inquiries.
K. Public Activities:
1. Employees shall be courteous and orderly at all times.
2. Prohibitions Concerning Derogatory Language
a. Words which imply derogatory connotations or manifest
contempt or disrespect toward any race, creed, religion,
sexual orientation, or national origin shall not be used at
any time by employees of the Department in the course
of their duties or at any other time so as to bring the
Department or themselves into disrepute.
b. Profanity is not acceptable in a professional environment
or in a public setting. Profanity is discouraged, but it is
understood that it will occur occasionally in a law
enforcement environment. The use of profanity will be
judged based upon the totality of the circumstances in
which it is used.
Effective Date: March 1, 1997 Revised: August 1, 2006
CHAPTER 3
CONDUCT
POLICY 3-1
Page 14 of 15
3. Provided no investigation is jeopardized and police function is not
hindered, upon request, members shall courteously furnish their
name and identification or badge number.
4. All requests for any type of speaking engagement for an official
representative of the department shall be referred to and processed
by the Division Commander.
5. All employees, prior to participating as a member of any type of
personnel or oral interview board, shall obtain permission from
the Sheriff.
6. Criticism of Others
Public statements of bias, personal political advocacy, criticism of
peers, subordinates or superiors, criticism of other agencies or the
criminal justice system, or statements that undermine or demean
the police profession generally or the Cass County Sheriffs Office
and/or its employees is prohibited whenever an employee is on-
duty and/or representing the Department.
L. Overtime:
When possible, approval must be obtained from a supervisor before
working overtime.
M. Outside Employment:
Personnel desiring to participate in outside employment shall do so only
when it is within the directives of the department policy (Chapter 4).
N. Subpoenas-Court
1. Obedience to all legal subpoenas is required. Requests for non-
appearance must be processed through the Commander to the
agency or person initiating the subpoena.
Effective Date: March 1, 1997 Revised: August 1, 2006
CHAPTER 3
CONDUCT
POLICY 3-1
Page 15 of 15
2. Employees subpoenaed to testify on behalf of a defendant, against
the county or in any civil proceeding involving the county, shall
notify the Sheriff or Undersheriff.
3. Prior to signing affidavits or attending depositions resulting from
police duties, employees shall obtain permission from the
Sheriff or his designee.
O. Training:
1. Employees shall attend all mandatory training and meet all
qualifications within the time period prescribed. In the event that
an employee is unable to comply with an order for mandatory
training, the following will apply:
a. Employees who cannot attend a training program due to
medical reasons shall advise their supervisor.
b. Employees who have been issued subpoenas shall be
excused for that portion of the training that coincides with
their court appearance.
c. Employees who have missed any mandatory training as a
result of excused absences shall make arrangements
through their immediate supervisor to complete that
training within a reasonable time frame.
P. Chain of Command:
Chain of command must be followed as prescribed in Chapter 2 of the
policies and procedures manual, except when a conflict of interest is
present.
IV. AUTHORITY
The foregoing and other actions of Departmental personnel are governed by the
authority of the Sheriff as provided by the Constitution and statutes of the
State of Michigan.
Effective Date: March 1, 1997 Revised: August 1, 2006
