CASS COUNTY

OFFICE OF SHERIFF
321 M-62 North, Cassopolis, MI 49031 A dministration: (269)-445-8644 Dispatch.' (269) 445-1560 ai Joseph M. Underwood, Jr. Sheriff 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,

Richar J. Behnke

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.

User: DOUGW

CASS COUNTY CENTRAL DISPATCH Event Report

04/19/12 15;03:20

Event ID: 2012-006664 Rpt #:

Call Ref #: 435

Call Source: SELF Prime 3901 Unit: WILLIAMS, FRANK

Date/Time Received: 03/09/12 08:11:03 Services Involved LAW

Location: 100 S EAST ST

X-ST:

ESTA TE ST E JEFFERSON ST

Jur: CAD

Service: LAW

Agency: CPD RA: CASS

St/Beat: CASS District; CPD Phone: (269) 445-0530 Alarm Lvl: 1 Priority: 3 Medical Priority:

Business; SAM ADAMS MIDDLE SCH Nature: JUVENILE COMPLAINT Reclassified Nature: Caller: Addr: Vehicle 11: ;.:all Taker: MARKF Geo-Verified Addr.: Yes Notes: Nature Summary Code: St: MI

Alarm: Phone: ( ) Report Only: No Console: 001 Disposition: HBO Close Comments: Race: Sex: Alarm Type; Age:

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
Radio Log

Unit 3901 3901 3901

Empl ID Type Description

Time Stamp

Comments

Close Code User MARKF MARKF HBO MARKF Close Code User MARKF MARKF

CPDI D CPD1 A CPDI C

Dispatched Arrived Cleared

03/09/12 08:11:03 Stat/Beat: CASS 03/09/12 08:11:03 Stat/Beat: CASS 03/09/12 08:27:49
Event Log

Unit

Empl ID Type Description TR Time Received FIN Finished Call Taking

Time Stamp

Comments

03/09/12 08:11:03 By: SELF 03/09/12 08:11:03

inci

Page 1

April 20, 2012 Police Abuse.com 10460 Roosevelt Blvd. #282 St. Petersburg, FL 33716 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 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,

Richard J. Behnke Undersheriff

OFFICE OF SHERIFF
Cass County, Michigan

JOSEPH M. UNDERWOOD JR. Sheriff

LARRY GORHAM Undersheriff

CITIZEN'S COMPLAINT REQUEST FOR INVESTIGATION

Complainant's Full Name Residence Address Phone Number May we call you at work? Yes No Date of Birth Work Phone Nurnber

Location of Incident Date Time

CONIPLAEST OF ACTION

Vvritnesses:

Name Address Ap p ro)-nate Age

Name Address 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: In? erS on By Mail

Tim e:

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 statements 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 purpose. Employees deception, and only then for a lawful may not represent themselves in any way as a member of the media. 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. 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.

2.

3.

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. If an employee must recuse themselves during an investigation of a crime, traffic crash or other incident, a command officer shall be contacted immediately. 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. The recused employee shall provide any and all assistance requested by the investigating officer/agency. Revised: August 1, 2006

b.

c.

d.

Effective Date: March 1, 1997

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. 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). If contacted by defense counsel, employee will first contact their chain of command.

b.

c.

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. 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. 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. 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.

b.

c.

2.

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 3-1 Page 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. 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. When on duty and particularly in the presence of other officers, employees or the public, officers should be referred to by rank. Derogatory, demeaning, bigoted, harassing and/or insensitive comments, jokes, printed material, etc., is strictly prohibited in the work place. 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.

2.

b.

c.

d.

Effective Date: March 1, 1997

Revised: August 1, 2006

CHAPTER 3 CONDUCT POLICY 3-1 Page 7 of 15

II. A.

PERSONAL RESPONSIBILITIES 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. Officers shall never consume intoxicants while in uniform or when in possession of a marked department vehicle. Personnel shall not bring into or keep any intoxicating liquor in the Department except when necessary in the performance of duties. Personnel shall not report for duty when under the influence of intoxicating liquor or with the smell of intoxicants upon their breath or person.

2.

3.

4.

B.

Smoking: 1. 2. Personnel shall not smoke in department vehicles. 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. 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. 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.

2.

3.

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. b. Properly functioning telephone shall be required in the primary residence of all sworn departmental members. 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. If requested by departmental member, the phone number will be marked as confidential and shall not be released.

c.

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. b. aware of a major incident occurring in the county or, 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 assignment.

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. 6. Employees shall be available to the public during duty hours. 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. 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.

2.

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. Members shall report immediately to their supervisor any loss or damage to Department property assigned to or used by them. County property and supplies shall not, without prior permission of the Sheriff, be used for personal matters or unofficial business.

2.

3.

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. 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.

3.

G.

Communications and Correspondence: Personnel shall not: I. 2. Use department stationary for private correspondence. Correspond in the name of the Department without permission from their Division Commander. Use the address of the Department on any motor vehicle registration or driver's license. Conduct personal business on duty that would affect availability for service without prior approval of their supervisor.

3.

4.

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 professional manner at all times. There shall not be unnecessary transmissions, and all transmissions shall be short and direct.

2.

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. 2. Employees shall be courteous and orderly at all times. 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.

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. Revised: August 1, 2006 Effective Date: March 1, 1997 b.

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. 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. All employees, prior to participating as a member of any type of personnel or oral interview board, shall obtain permission from the Sheriff. 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 onduty and/or representing the Department.

4.

5.

6.

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 nonappearance must be processed through the Commander to the agency or person initiating the subpoena. Revised: August 1, 2006

Effective Date: March 1, 1997

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. Prior to signing affidavits or attending depositions resulting from police duties, employees shall obtain permission from the Sheriff or his designee.

3.

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. Employees who have been issued subpoenas shall be excused for that portion of the training that coincides with their court appearance. 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.

b.

c.

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