UNITED STATES CAPITOL POLICE

REPORT OF INVESTIGATION

COMPLAINANT: Unites States Capitol Police OPR # 21-002

SUBJECT OF INVESTIGATION: Conduct Unbecoming

Respondent:

1. Officer • • •- PIN a inifonned Services Bureau, Senate Division, Section

Three (USB-SD-3)

Allegation(s):

1. That, Officer allegedly violated United States Capitol Police (USCP)

Directive 2053 .13 Rules of Conduct when on January 6, 2021, he posed for several pictures
with Pro-Trump supporters who had breached the U.S. Capitol Building during a large riot
which resulted in fatalities and mass destruction.

Background:

The Office of Professional Responsibility (QPR) received numerous complaints, via telephone
and at least 170 emails received in one day, regarding photographs that appeared in news stories 1
and on a live Twitter video of a USCP officer posing with rioters after the Capitol Building was
breached. (Exhibit #1)

The video can be found at https://www.youtube.com/watch?v=OFdOfbWKB-Y. There were an

estimated 18.5 million views by 3:42 PM on January 6, 2021 on Twitter and 162.2K people were
tweeting about it. (Exhibit #2)

During an interview with Congressman Jim Cooper from Tennessee conducted by WUSA9 on
January 7, 2021, Cooper stated "Some people are worried today that some police were complicit
with the protesters. It's one thing to be.friendly and to de-escalate the violence. But it's one thing
to take selfies with them (rioters) and let them go through the lines." (Exhibit #3)

1 Several online news outlets reported, to include CNN and the BBC (UK).

CAPD_000000001
 2 Case# OPR 21-002

Additionally according to https://www.newsweek.com/author-don-winslow-reward-capitol-

officer-selfies-rioters-1559992 , a crime novelist, Don Winslow, is offering a $20,000 reward to
anyone who can identify a U.S. Capitol Police officer who allegedly posed for selfies with
rioters. (Exhibit #4)

The OPR initiated an investigation into this complaint on January 7, 2021. Sergeant - was
assigned to investigate this matter.

- reviewed the closed circuit television video (CCTV) of the event at the Senate Wing door
of the U.S. Capitol. - •
was able to identify Inspector - - - (USB-SOD) who
appeared to have had a conversation with the individual. • • • viewed the video at the OPR
office and he confirmed that it was ' • • with whom he was speaking. (Exhibit #5}

The CCTV showed and Lieutenant - (USB-CD-1) standing at the door

•
entrance, waving people out of the building. - - was seen talking with a - group, who
didn't appear to be leaving, as Lieutenant - was pointing and advising others to leave. At
•
approximately 3:37:30, • • leaned in to take a "selfie" with a gentleman.

Discussion:

On January 7, 2021, Officer (USB-SD-3) was interviewed and provided a

written statement.

was provided a copy of the photograph for review. confirmed that he was the
officer in the picture who posed with a rioter during the breach.

testified that on January 6, 2021, he was at the Senate Wing door after it was breached
•
and was helping direct people out of the building. • • stated there was a gentleman, seeming
to act like a liaison between U.S. Capitol Police and the Trump group, who was having a
conversation with Lieutenant - •
• • stated no officials on scene were directing the
•
officers to "shove them out", and that they seemed to be "allowing this." - - testified he
wasn't there to agitate the situation and he believed yelling at people would have "drummed it
•
up." • • recalled there were enough officers standing there in the lobby and the mood
•
became calmer. • • stated he believed he established a - dialogue with one of the
•
groups and agreed to be photographed. • • stated he believed he was diffusing the situation
•
by taking the photo. - - stated, "I can 't help what they do. Ifyou want to take a photo, I'm
not going to say no because we are always told to interact and keep the situation calm. "
stated some people were agitators and others were just nosey, but there were many
•
people there that were military and law enforcement. • • stated he had taken several
pictures ("4 to 5 at the most") with other group members, some of which were retired law
•
enforcement. • • stated he is not a member of any Pro-Trump groups or organizations.

was asked how did he believe that he was diffusing the situation by taking photos as the
•
group exited the building. • • stated, "to be honest I don't know if they were leaving or
coming in at the time. If they were exiting, maybe the photo was taken not to excite the people.
As far as them coming or going and taking the picture, I wasn't concentrating on that. All I know
was the situation was calm at that point."

CAPD_000000002
 3 Case# QPR 21-002

was asked, after having agreed some of the group were agitators, ifhe could see a
problem with having these photos taken and the amount of complaints from the public who are
•
also seeing these photos. • • replied, "I can see their point, but unless they are there on the
ground. People are filming and photographing the whole time. I am not just standing there
posing."

maintained his purpose of being photographed with the rioters was to de-escalate and
•
diffuse the situation. - - stated at the time of the photo, it was a calmer period. • • • also
stated when he looked out the window, he saw thousands of people trying to come in and felt if
these people were calm, the people coming in behind them would have the same mentality.
testified many people approached him to thank him and he asked ifwe (QPR) saw the
videos of him escorting the Members out and leading them to safety.

stated, "I take Juli responsibilities for my actions. I am not here to deceive. The video
doesn't always tell the sto,y. Ifyou could hear the audio, it would be great." (Exhibit #6)

In his written statement, testified:

"On 01/06/21 first floor west hallway there were people entering through a door way,
office • • • was doing crowd control. Officer- during this period was asked if
he would mind having his picture taking, to keep people calm office • • • didn 't mind
having his picture taken. Please refer to audio for verbal explanations." (Exhibit #7)

On January 14, 2021, the OPR was forwarded a TikTok video, shared on Instagram, that
•
captured - - taking the selfie and interacting with the rioters. The video can be found at:
https://www.instagram.com/p/CJ4MmosC4P1/?igshid=14zezrczj8aj7 and had over 405, 000
views. The footage showed a rioter approach and state, "17762 will commence again my
•
brother." - - replied to the rioter, "I think it already has my friend."

Conclusion(s):

/. The allegation that Officer violated USCP Directive 2053.013 Rules of

Conduct, Category C: Detrimental Conduct, Rule Cl: Conduct Unbecoming. be
classified as SUSTAINED. Rule Cl states: "Employees will conduct themselves at all
times, both on and off duty, in such a manner as to reflect favorably on the Department.
Conduct Unbecoming will include that which brings the Department into disrepute or
reflects discredit upon the employee as a member of the Department; impairs the
operation or efficiency of the Department or the employee; and is prejudicial to the
reputation and 1111 order ofthe Department. " (Exhibit #8)

The investigation produced a preponderance of credible evidence that violated the rule.

2 July
4, 1776: the year of the American Revolution and The Declaration of Independence which
summarized the colonists' motivations for seeking independence.

CAPO_000000003
 4 Case # OPR 21-002

The breach on the U.S. Capitol resulted in the death of a USCP officer and a civilian, a multitude
of injured law enforcement officers, and an overwhelming amount of property destruction.
•
Although • • believed he was attempting to diffuse the situation by taking photographs with
the rioters, his actions were inappropriate under the circumstances, and reflected negatively upon
•
himself as a representative of the Department. • • admittedly took several photographs ("4
to 5 at the most") with rioters, which gave them (and the public) the appearance that he
•
supported them. While • • was photographed with rioters, he was momentarily distracted
from his duties and responsibilities as he was surrounded by unauthorized individuals.
•
Additionally, after a rioter made the comment to • • that "1776 will commence again,"
replied, "/ think it already has my ji-iend."

The high number of views of the video on Twitter, YouTube and other social media platforms;
•
the number of telephone and written complaints about • • and the photograph; and the many
news reports regarding the "seljie officer" was extremely prejudicial to the reputation and good
order of the Department.

2. That this investigation be Closed.

Exhibits:

I. Disk of Email complaints and hard copies of news stories

2. Photo of Twitter post with 18.5 million views, dated 1/6/21
3. CNN article with Congressman Cooper, dated 1/7/21
4. Article regarding $20,000 reward for identify of"selfie" officer, dated 1/8/21
5. CCTV of the Senate Wing door at the U.S. Capitol, dated 1/6/21
6. Audio from interview of Officer - - • dated 1/7/21
7. Statement from Officer • • •• --• dated 1/7/21
8. USCP Directive 2053.013 Rules of Conduct, effective 11/1 9/12

Prior Complaints:

A review of the Officer of Professional Responsibility {OPR) records revealed the following
prior case and no Command Discipline against Officer

Case# Allegation Disposition Penalty

95-118 Failure to Take Action Sustained Counseled

05-108 Conformance to Laws Unfounded NIA

Other Matters:

None.

Recommendations:

This report be APPROVED and the case CLOSED.

CAPD_000000004
 5 Case# OPR 21-002

Authorizing Officials:

Investigating Official: Concur:

Serge nt Jenny M. Miller Lieutenant Brandy Pnngle

Invest ator Assistant Commander
Office of Professional Responsibility Office of Professional Responsibility

Approved:

Inspector Michael D. Sh
Commander
Office of Professional Responsibility Date Approved:
---,--,,~-----
I /.z.zk.,

CAPD_OOOOOOOOS
WATCH: CAPITOL POLICE OPEN GATES DELIBERATELY LET MAGA PROTESTERS
IN, THEN POSE FOR SELFIES
& Matt Agorist 0 January 7, 2021

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St<,ro 1·1

January 6, 2021 is a day that will forever go down in infamy. It marks the day a sitting president's supporters

marched on and then stormed the capitol of the United States, and did so with a near seeming impunity as

only a few dozen arrests were made. Headlines across the country are now claiming that police simply

weren't ready or were ill-prepared for this massive act of insurrection but this is simply not true.

By a landslide, Washington D.C. has the highest number of police officers per capita. It is more than

anywhere else in the country. That number sits at 547 cops per 100,000 people. However, those cops

apparently had better things to do yesterday than to stave off this mass insurrection. In fact, as some of the

evidence below illustrates, many officers not only allowed and facilitated it, but they also celebrated it by

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CAPO_000000006
~ ThTDEPEl\TDENT

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News > World > Americas > US politics

ire,
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,. "

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-- -
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•
Moment pro-Trump riote rs storm US Capitol capture d on TV broadcast

Police officer filmed posing for selfie with pro-Trump rioter inside US
Capitol
Footage fuels anger over police response to violent mob who stormed Congress building

14 days ago

Leer en Espanol

The Independent employs over 100 journalists around the world to bring
you news you can trust. To support truly independent journalism, please

CAPD_000000007
( Contribute ) ( Subscribe ) LOGIN
• I • L
mob stormed the US Capitol in a deadly insurrection attempt. •

The footage, filmed on Tuesday night amid scenes of chaos and violence after the
president urged his supporters to help overturn to US election result, was met with
anger and incredulity after it was posted to Twitter by journalist Timothy Burke.

The clip appeared to show an officer of the United States Capitol Police, wearing a
high visibility vest and badge, posing for a photo with man who had stormed the
building. X
The two pair, surrounded by Trump supporters wearing red Trump hats and
carrying flags, are seen leaning in for the picture before nodding at each other after
it was apparently been taken.

r--
I
- ;im~thy Burke O -
@bubbaprog
-- ---------

Cops are taking selfies with the terrorists.

3:42 PM · Jan 6, 2021 CD

CJ 220K O 164.1 K people are Tweeting about this

----------

CAPD_000000008
Most Popular
1 Texas bars must shut
2. Cops appear to be taking
3. What Deshaun Watson's
4. McConnell is assured a
5• Trum
• down as hospltallzatlons selfies with Trump cryptic tweet might turbulent road ahead lntol
surge supporters at Capitol actually mean steal

NEWS // U.S. & WORLD

Are cops seriously taking selfies with Trump supporters at the

Capitol?
ShaCamree Gowdy
Updated: Jan. 6, 20215:42 p.m.

0001

Cops allegedly taking selfies with protesters at the Capitol building.

Screengrab courtesy of Timothy Burke via Twitter

Supporters of President Donald Trump invaded the Capitol on Wednesday, getting into standoffs with police as
Congress met to count the electoral college votes and officially certify the results.

HOW TEXANS FEEL: Texas ,o liticians react to violence at the Ca itol

CAPO_000000009
 Q.

U.S el~ions

CAPD_000000010
 Timothy Burke fl
@bubbaprog

<Cops are taking selfies with the terrorists.

0 2 e pe a t ts

EXHlBlT
- sri -
CAPD_000000011
Congressman accuses US
Capitol Police of being
'complicit' in rioters
entering Capitol Building
"At best they were overwhelmed and did not anticipate ....
At worst, they let this protest proceed unlike any other,"
Tennessee Rep. Jim Cooper said.

More Videos

Author: Adam Longo {WUSA 9), Nick Boykin (WUSA9)

Published: 3:27 AM EST January 7, 2021
Updated: 1:20 PM EST January 7, 2021

-
WASHINGTON - Congressman Jim Cooper (D) from Tennessee spoke with
WUSA9's Adam Longo on Wednesday about some strong concerns and
possible allegations to levee against US Capitol Police.
His fear? US Capitol Police were somehow complicit in allowing the Capitol to
be breached.
"Some people are worried today that some police were complicit with the
protesters," Cooper said. "It's one thing to be friendly and to de-escalate the
violence. But it's one thing to take selfies with them (rioters) and let them go
through the lines."
Cooper said he did not see these actions by Capitol Police himself, but said
he's "never seen a crowd less afraid of the police than this one."

EXt-l1B11
:3:, '

CAPD_000000012
"At best they were overwhelmed and did not anticipate what they had been
warned of by (President) Trump, even as of this morning when he said he
would join the protests at the Capitol. ... At worst, they let this protest proceed
unlike any other," Cooper said when asked directly if he believes that US
Capitol Police were complicit in what happened.

Congressman Cooper compared what we saw Wednesday to 1814 when

British troops torched the Capitol and forced Congress out of the building.
Cooper was still barricaded in his office at the Longworth building when
WUSA9 spoke to him around 6:30 p.m. on Wednesday. He thought Congress
might have to reconvene elsewhere ... before the leadership decided to
proceed at the Capitol after it was cleared.
Some videos on social media show Trump supporters walking among officers
outside the Capitol in a nonchalant fashion.
Other videos showed a more aggressive stance taken by Capitol police before
rioters breached their line.
In one video posted to Twitter, it appears a Capitol police officer was willingly
taking a selfie with Trump supporters who had already breached the building.

• 69 arrested. 4 dead, 14 DC police officers injured amid pro-Trump riots at the

U.S. Capitol
• U.S. Capitol Police Chief calls officers' actions during riot 'heroic'; DC Mayor
calls it a 'failure'
• Pro-Trump riots raise questions on how Capitol Police handled a Black
woman in 2013

Download the brand-new WUSA9 app here.

Sign up for the Get Up DC newsletter: Your forecast. Your commute. Your
news.

CAPD_000000013
From Twitter

Livestream video appears to show a Capitol Hill police officer taking a selfie with a rioter inside
the building.

The snippet of livestream posted online is short, and it's unclear what prompted, or followed,
the interaction.

CNN has reached out to the Capitol Hill Police for comment about the incident.

3 hr ago

About 6,200 National Guardsmen mobilized to help in Washington, DC

From CNN's Barbara Starr

CAPD_000000014
 News/

Author offering $20,000 reward to find Capitol

officer who posed for selfie with rioter
11
1WANT THIS GUY'S NAME;' Don Winslow tweeted.

By Tamantha Gunn / Jan 8, 2021, 8 :09pm EST

f w

Live screenshot

A famed crime novelist is offering $20,000 to anyone who can identify the Capitol police
officer who posed for selfies with rioters on Wednesday (Jan. 6).

Author Don Winslow announced the offer after a video surfaced of the officer taking pies
with people as the Capitol was being breached. On Thursday morning (Jan. t~nrrs1T
k1
CAPD_000000015
"I'm offering $10,000 cash to the first person who identifies to me the NAME of this
@CapitolPolice officer who took selfies while 5 people were being killed - and something
that I can use to VERIFY. If it has already been reported, please send to me:'

Winslow later doubled the reward, saying, 11 Upping this reward to $20,000. I WANT THIS
GUY'S NAME~'

On Wednesday (Jan. 6), a livestream video went viral on social media of the unidentified
Capitol officer taking a selfie with a Pro-Trump rioter as they breached the Capitol building.
The officer was not in any hurry to remove the intruders from the building. While this officer
seemed to be relaxing on the job, one of his fellow officers ended up being attacked by a
group of terrorists.

CAPD_000000016
 OFFICIAL STATEMENT

I, Officer - have been advised that I am required to provide a truthful

statement regarding an official investigation. I make this statement to Sergeant Jenny
Miller, who has identified herself, as conducting an official investigation.

On O1/06/21 first floor west hallway there were people entering through a door way,
• •
officer - - was doing crowd control. Officer • • during this period was asked if
he would mind having his picture taking, to keep people calm office • • didn't mind •
having his picture taken. Please refer to audio for verbal explanations.

By my signature below, I acknowledge that I have read and understood my statement consisting of this
page and r(} other pages. I have made all the changes and corrections l desire to make.

EXHIBIT
-=7
CAPD_000000017
 CP-1009
UNITED STATES CAPITOL POLICE (06/101
RIGHTS AND RESPONSIBILITIES RELATIVE TO
ADMINISTRATIVE INVESTIGATIONS

(Please T e or Print Le ibl )

RIGHTS AND RESPONSIBILITIES

This is to advise you that you are being interviewed as part of an internal
administrative investigation into alleged misconduct. You will be asked questions
specifically, directly, and narrowly related to the performance of your official duties or your
fitness for duty. Bargaining Unit officers who reasonably believe that this examination or
investigation may result in disciplinary action may request Union representation.

You are compelled to truthfully and fully answer all questions posed by a supervisor of
the United States Capitol Police (USCP) relative to official Department business and/or
pertaining to your official duties or fitness for duty (USCP Operational Directive PRF 1.3,
Rules of Conduct, Category A: Duty to Obey: Rule A3: Compliance with Directives; Rule
A6: Insubordination; and Rule A7: Truthfulness). If you refuse to answer, you will be
subject to disciplinary action which could result in the termination of your employment. If
you do answer, neither your statements, nor any information or evidence which is gained by
reason of such statements, can be used against you in any subsequent criminal proceeding;
however, such statements may be used against you in relation to subsequent Departmental
disciplinary action(s). (see Garrity v. New Jersey, 385 US 493 (1967)).

You are also advised that if you willfully and knowingly make an untruthful statement,
verbally or in writing, pertaining to your official duties or fitness for duty as an employee of
the United States Capitol Police, to or in the presence of any supervisor or intended for the
information of any supervisor, or make any untruthful statements before any court or any
authorized government official, you will be subject to such disciplinary action as the Chief of
Police may deem appropriate. (USCP Operational Directive PRF 1.3, Rules of Conduct,
Category A: Duty to Obey, Rule A7: Truthfulness)

CERTIFICATION

I hereby certify that I have read or otherwise been advised of my rights, duties and
responsibilities with regard to this interview. I further certify that I fully understand them, and that I
have received no promises or guarantees of any kind relative to any statement I may give.

DATE

DATE

z.

CAPD_000000018
(AT \ ·, \ 20 t~ .. 2053.013
~ -:..· _,. - -~ . '7" --- - .....

L-_
Directive
• • -•"' __.rJJ ,,.
I

a
!
Rules of Conduct
iz Directive #-. 2053.013 Effective Date: 11/19/2012
iz Initiating Unit: Office of Professional Review Dote: 11/19/2013
:a Responsibility
CALEA: 1.2.7, 11 .3.1, 11 .3.2,
12.1 .3, 26.1.1, 26.1 .3,
SUNCICRlt
26.1.4, 26.1.5

39 Ru e C3: Posaession andtor Use of Drugs 0t a

1 Contents 40 Controlled SiJbrstance ...................................... .....5
41 Ru1e C4: Use. of Alcohol ·••··••· ·······••·••· ·•• ...............5
2 Authority and Coverage ..........................•.....•............•. 1 42 Rule cs: Use or Tobaooo .....................................5
3 Definition(s) ................................ ., ................................ 2 43 Rule C6: Gifts, Gratuities, Bribes. or Rewards .....6
4 General Policy .............................................................. 2 44 Rule C7: Improper Associattons ...........................6
s Responsibilities/Procedures........•.....•••....••....••....•.....•• 2 45 Rule CB: Gambling ............................................... 6
6 Category A-Duty to Obey ........................................ 2 46 Rule C9: Communications with Criminals ........••..6
7 Rule A 1: Knowledge of Laws and Regulations ... .2 47 Rule C10: Smproper Remarks .......................•....•.. 6
a Rule A2: Conformance to Laws ............................ 2 48 Rule C1 1: RetaUation ............................................ 6
9 Rule A3: Compliance with Directives .................... 2 49 Category D-Administratfve Responsibmties ............ 6
10 Rule A4: Conflicting Orders .................................. 2 50 Rule 01: Off.Duty Employmerit.. ,......................... 6
11 Rule AS: Improper Orders ..................................... 2 51 RI.de D2: Telephone ..............................................6
12 Rule AS: Insubordination ...................................... 3 52 Ru!& D3: Changes tn Personal status ..................8
13 Rule A7: Truthfulness .... .......................................3 53 Gatego.ry E-Miscellaneous ...................................... B
14 Category B-Performance of Duty ................ ............ 3 54 Rule E1: Abuse of Process .......... ........................ JS
15 Rule B1: Unsatisfactory Performance .................. 3 55 Rule E2: Improper Interventlon.............................6
16 Rule B2: Personal Appearance ............................ 3 56 Rule E3: Work Stoppage ...................................... 7
17 Rule B3: Absence from Duty ................................3 57 Rule E4: Oisseminalion of Information ................. 7
18 Rule B4: Reporting for Duty ..................................3 58 Rute E5: Pub sta.tements .................................. 7
19 Rule B5: Carrying of Credentials and Identification 59 Ru E.6: Pubic Appearances ..................... ..... .....7
20 ~
~••• -I+ • ~-i:+ • + •• • •• • • •• • • • • ++~ - ~+• ~ •• ••••••• • • • •• F •• • • • •+• •• • • •• • - - ~ • • • • • • •••, • 3 60 Rut E7: Testimonials .......•...•...............................7
21 Rule B6: Malingering .......... ..................................3 61 Rule ES: Servtoe of CivU Processes .....................7
22 Rule B7: Duty Post...............................................4 62 Rule E9: Reports .................................................. 7
23 Rule B8: Meals and Other Relief Periods .............4 63 Rule E10: Compromi:ses.......................................7
24 Rule B9: Courtesy................................................. 4 64 Category F-Supervi$ors ......•...••..........••...•••..••. ..••... 7
25 Rule B10: Neglect of Duty .................................... 4 65 Rule F1: Subordinate Compliance........................ 7
26 Rule B11 : Use of Property and Services, and 66 Rule F2: Subordinate Discipline ........................... 7
27 Inspection of Equipment and Facilities ....._ ...........4 67 Rule F3: SUbOfdinate Performance ........ ..............7
28 Rule B12: Operating Vehicles .............................. 4 68 Ru e F4: Subordinate Failures ...............................e
29 Rule 813: Use of Force ........................................ 4 69 Additional lnfonnation .................................................. 6
30 Rule B14: Use of Weapons .................................. 4 70 Exemptions..........................•...............•••...••..••. ..•....• 8
31 Rule B 15: Arrest. Search, and Seizure .................4 71 Cancellation ..............................•............... .., ................8
32 Rule B16: Treatment of Persons in Custody .... .... 4 72 Appendices ......................•..•.....•............•...••....••..•....••. B
33 Rule B17: Property and Evidence ........................ 4 73
34 Rule B18: Court Appearances ..............................5
35 Rule B19: Response to Calls .................... ............5
36 Category C-Detrimental Conduct ................ ............ 5 74 Authority and Coverage
37 Rule C1: Conduct Unbecoming ............................5
75 The Chief of Police serves as the chief executive
38 Rule C2: Discrimination and/or Harassment ........ 5
76 officer of the United States Capiln'f:!,t<lf ~lT
Law Enforcement Sensitive s=.
CAPD_000000019
 ,• ''

1 Rule B18: Court Appearances 44 influence of any illegal drug, narcotic or stimulant
45 or controlled substance, whether or not prescribed
2 Employees who are subpoenaed, summoned, or 46 by a licensed health care provider, unless
3 otherwise requested to appear and/or testify in a court 47 medically cleared for duty.
4 or hearing of any jurisdiction, in their capacity as a law
5 enforcement officer or in matters pertaining to the 48 Rule C4: Use of Alcohol
6 Department, including any administrative hearing, will
7 immediately notify their supervisor and then comply 49 1. Employees will not use or consume alcohol or
8 with the Directive to appear. 50 other intoxicants while on duty, or when subject to
51 emergency recall (such as while on official travel),
9 Rule 819: Response to Calls 52 except as permitted by specific orders of a
53 Department supervisor.
10 Employees who are assigned radio communications t
11 cell phones, pagers, or other communications 54 2. Employees will not report for duty, or be on duty,
12 equipment will keep said equipment turned on and on 55 while impaired or under the influence of an
13 the appropriate channel at all times while on duty or on 56 intoxicant, or with an odor of alcohol or other
14 call, unless authorized by the employee's supervisor to 57 intoxicant on their breath or about their person.
15 do otherwise. Employees will promptly respond to au 58 The odor of an alcoholic beverage on the breath
16 communications directed to them. 59 (as substantiated by a supervisor and at least one
60 other individual) will be considered presumptive
17 Category (-Detrimental Conduct 61 evidence of drinking while on duty.

18 Rule C1: Conduct Unbecoming 62 3. Sworn employees will not exercise any police
63 authority, operate any USCP-issued mode of
19 Employees will conduct themselves at all times, both 64 transportation, take any official police action, or
20 on and off duty, in such a manner as to reflect 65 represent themselves as a police officer while
21 favorably on the Department Conduct Unbecoming 66 impaired by, or under the influence of, alcohol or
22 will include that which brings the Department into 67 other intoxicants.
23 disrepute or reflects discredit upon the employee as a
24 member of the Department; impairs the operation or 68 4. Sworn employees will not consume alcohol or
25 efficiency of the Department or the employee; and is 69 other intoxicants while carrying a firearm.
26 prejudicial to the reputation and good order of the
27 Department. 70 5. When off-duty, employees will not wear in public
71 any clothing items identifiable with the USCP
28 Rule C2: Discrimination andfor Harassment
72 when consuming alcohol or other intoxicants. This
73 includes but is not limited to, USCP caps, t-shirts,
29 Employees will not discriminate against and/or harass
74 jackets, uniform shirts, etc.
30 any other person on the basis of race, color, national
31 origin, religion, gender, age, sexual orientation,
75 6. When off duty, employees will refrain from
32 disability, or any other basis prohibited by law or
76 consuming alcohol or other intoxicants to the
33 Departmental Directive.
77 extent that it results in behavior which may
34 Rule C3: Possession and/or Use of Drugs or a
78 discredit the Department, renders the employee
35 Controlled Substance 79 unfit to report for the next assigned or regular tour
80 of duty, or adversely affects the employee's work
36 1. Employees will not possess or use any narcotic, 81 performance or the safety of the employee and/or
37 illegal stimulant, or other controlled substance 82 others.
38 except when prescribed for their personal
39 treatment by a licensed health care provider 83 Rule C5: Use of Tobacco
40 authorized to dispense a controlled substance
84 Employees will use tobacco only in accordance with
41 during the course of professional practice.
85 the policies of the Department.
42 2. Employees will not report for duty, be on duty, or
43 when subject to emergency recall, while under the

Law Enforcement Sensitive • Effective 11/19/2012

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