A General Statement of Rules and Regulations
The general purpose of the regulations that govern the Boston Police Department is to organize and complement the statutory framework within which the police operate. The statutory provisions, like the Commonwealth’s civil service laws, are "procedural in nature, while the rules concern the substantive conduct of officers." These rules "rather than creating a lawful duty, like the statutes that [the rules] supplement, are more often designed to ensure the integrity of the law enforcement process through internal controls." In other words , the rules and regulations (a.k.a., the Rules of the Boston Police Department) "place[] no substantive restrictions on the police when they interact with the populace. Their purpose is to impose by their own terms obligations on the members of the Department to help ensure that the members engage in appropriate behavior." The Boston Police Rules further the goal of the police division to "instill professionalism and service to the community" for all members of the department through "the promotion of proper officer conduct and relationships" with the public.
Specific Rules and Regulations Every Officer Should Know
The following are rules that every Boston police officer should know and understand:
500.4 Duty to Obey Laws and Orders of Superiors
Officers shall obey all lawful summonses, orders, and directions which they may receive from the chiefs or administrative officers.
500.5 Compliance With Rules, Regulations, and Orders
Officers must obey all orders, rules, regulations, and policies of the department.
500.6 Dismissal of Officers
Officers shall not be dismissed or otherwise subjected to disciplinary action after they have served twelve months of duty in the department unless it is for good and sufficient reasons based upon charges of neglect of duty, disobedience of orders, neglect of duty, unlawful conduct, breach of discipline, failure to perform in a competent manner, conduct unbecoming an employee of the department, conduct which shall bring the department into disrepute, or failing to be fit for duty.
500.7 Display of Identification Card
Each member shall have in his or her possession at all times and display his or her department issued identification card whenever necessary, especially when ordered to do so. This rule is established to promote professionalism in the department. Any exceptions to this rule must be approved by the command officers.
500.8 Truthfulness
Each member must be truthful in his/her personal dealings, both on duty and off duty.
500.9 Appearance
Each uniformed employee will have a neat and professional appearance in accordance with department regulations.
500.10 Reports
Each member must substantiate any and all claims made by the member either orally or in writing. Failure to provide reasonable substantiation for one’s action shall be viewed as misconduct.
500.11 Violation of Law
Any member violating constitutional provisions or local, state, and federal laws shall be subject to disciplinary action.
New Updates and Amendments
The Boston Police Department periodically updates its rules and regulations as a means of ensuring accountability and compliance with law as well as for improving the delivery of police services to the public. This practice is pursuant to their authority and obligation under M.G.L. c. 147, § 8-9, to keep "suitable rules and orders…for the guidance and government of said force." Such procedural reforms are indispensable in order for the BPD to maintain its legitimacy both in the eyes of the controlled population as well as in its own eyes. Updates to the BPD’s Rules and Regulations are made based on a variety of key factors, which likely contribute to the quality of policing in Boston.
In recent years, substantial changes to the Boston Police Department’s Rules and Regulations and General Orders include:
The 2016 Rule 410: Use of Force elucidates the BPD’s practices of using deadly force, the use of firearms by Special Operations Division, the use of impact weapons and electronic control weapons, and pepper spray. The Amendment, however, does much more than clarify these topics. It establishes an effective system to investigate officer-involved uses of force. Notably, it indicates that, "when investigating an officer-involved use of force, the BPD will, in a summary publication released following the completion of the investigation, release all relevant information regarding that use of force." Subsequent to the completion of the internal investigation, and in addition to any administrative or criminal investigation, the BPD’s Bureau of Professional Standards publishes a summary of the investigation and its findings into the use of force; publishes a synopsis of all officer-involved shootings separate and independent from any criminal investigation; will examine all use of force incidents for training purposes; and make available to the public relevant information. Rule 410 has been amended multiple times within the past several years and this most recent amendment codifies these practices, which is highly appropriate in that the BPD’s effectiveness is greatly increased when rules that impact officer conduct are made public.
Complaint Procedures and Discipline of Officers
The Boston Police Department, like many law enforcement agencies across the country, has in place detailed procedures for addressing complaints and disciplinary matters involving employees. These procedures help ensure that the department’s personnel actions are handled in a fair, just and efficient manner. The Department’s rules and regulations, by their very nature, contain a variety of disciplinary provisions. The Department also maintains a comprehensive "Disciplinary Hearing Procedure" specific for the handling of disciplinary issues.
Most allegations against officers received internally are assigned to a clearly defined, independent body, known as the "Internal Affairs Division." A complaint may be investigated through the chain of command or by an internal investigation following a complaint from the public. The IAD investigates officer misconduct including, but not limited to, allegations of police impersonation; theft; fraud; and use of excessive force. Officers, civilian employees and reserve policemen are included in IAD investigations.
Department Rule 111-9 "Department Rules and Regulations," provides department personnel with a concise overview of conduct which could result in disciplinary action. Among the items listed, the Rule states that department personnel will [emphasis supplied]: The Rule also contains a section listing violations contained in the Massachusetts General Laws and Boston Municipal Ordinances, which could result in termination if committed by department personnel while on duty. These violations include, among other things, such offenses as homicide, assault and battery, larceny, drug offenses and perjury, all of which are serious crimes under the criminal code. As seen above, the Rules and Regulations specifically list many of the types of conduct outlined in Mass. GL, Ch 258E and likewise, departmental personnel who engage in or have been accused of such conduct are also subject to disciplinary procedures pursuant to the regulations.
Effects on the Department’s Image and Community Relations
Impact of the BPD Rules and Regulation on Community Relations
As an essential element in effective police-community relations, the Boston Police Department regularly works to strengthen bonds with community members and local leaders. Grass roots training programs are conducted for Boston’s youth and adults alike to teach them about being responsible citizens. The Police department frequently hosts (and co-hosts) events and social activities throughout the local neighborhoods. Many of these events, such as "National Night Out", a festival in celebration of community safety, attract thousands of participants. Outreach is a principal method of connecting with the citizens of Boston, and both police and neighborhood organizations are committed to strengthening relationships within the community .
In addition to fostering trust between the BPD and local residents, these measures are also meant to facilitate cooperation and collaboration among multiple municipal or non-profit organizations in the event of some type of emergency situation. At the same time, these ongoing outreach programs create transparency in local law enforcement for individuals who are not seeking it. While most do not necessarily become close friends with police officers in their communities, they enjoy routinely seeing friendly, familiar faces.
Community members and organizations are often consulted on issues that may impact their immediate environment or way of life. These issues include building or renovating initiatives for public parks and facilities, parking rules or zoning plans, and other statutory regulations intended to benefit the collective community.
Training and Awareness Programs
In an effort to maintain a highly effective police force, the Commissioner of the Boston Police Department (BPD) has implemented a training program that ensures all officers understand the rules and regulations, administrative orders, directives and orders which ultimately govern their behavior. The Commissioner has also made it a priority to provide all officers with a working knowledge of the BPD’s policies and procedures. BPD officers are provided with an initial orientation on the rules and regulations during academy training, and the BPD’s Legal Bureau plays a critical role in the department’s uniformity of understanding regarding its regulations. The Legal Bureau is tasked with ensuring that all officers have a clear and accurate understanding of the rules and regulations, that the rules and regulations are followed uniformly and that any disciplinary actions are appropriately applied.
The Legal Bureau prepares and distributes written materials explaining the BPD’s rules and regulations, and provides training to officers in an effort to further solidify the understanding of the BPD’s expectations. Officers are required to sign a form acknowledging that they received the material, understand the policies and procedures and agree to comply with them. Further, updated rules and regulations are sent to all BPD officers along with a letter from the Commissioner explaining the changes and providing pertinent information, including a summary explanation of any major changes and the reasons for the adoption of such changes. The Legal Bureau is also tasked with preparing memoranda to all officers explaining any significant changes to the rules and regulations, as well as changes to legal terminology, definitions and related issues. In the event that the Legal Bureau develops new policies or procedures, all updates and revisions will be distributed to all BPD officers, commanders and supervisors to ensure that everyone is following the appropriate procedures. These training and awareness strategies provide an effective means of maintaining compliance with the BPD’s rules and regulations.
Public Access to the Department Rules and Regulations
The general public can access and review the rules and regulations adopted and promulgated by the Boston Police Department ("BPD"). The BPD Rules and Regulations are available online. They are also made available for in-person review at the BPD’s office of Internal Review. Citizens seeking to obtain a full copy of the BPD Rules and Regulations may do so, without charge or formality, from an officer of Internal Review.
Moreover , the BPD has promulgated a "Searchable Policy Manual" that is available to the public on its website. The Searchable Policy Manual contains not only the Internal Rules and Regulations, but also other BPD policies and procedures. In its Office of Operation’s Guide, the BPD makes clear that the Searchable Policy Manual is its "official manual of policy and procedures." The Searchable Policy Manual is available for consultation by members of the public.