In analyzing IAB investigations and the disciplinary cases, the Commission utilizes the following categories of misconduct:
Accepting or soliciting anything of value in exchange for favorable treatment, or accepting or soliciting any improper gifts, meals, merchandise, currency, or other item of value.
Unauthorized access to and/or dissemination of information from a Department or law enforcement database.
Associating with, and/or disclosing confidential information to, individuals known to have a criminal history or known to be engaging in criminal activities.
Misconduct involving a member of the service and a family member or someone with whom the member of the service had a present or past intimate or familial relationship. This category includes verbal disputes requiring the intervention of law enforcement, harassment, physical assaults, stalking, and violations of protective orders.
DWI/Unfit for Duty
Driving while intoxicated or impaired, or being intoxicated to the extent that the member of the service is unfit for duty, regardless of whether the member of the service is on or off duty.
On-duty excessive or unnecessary force or threatening use of force, abuse of authority, discourtesy to civilians, and offensive language.
Failure to Report Misconduct/Corruption
Failure to report known or suspected allegations of wrongdoing to IAB as required in the Patrol Guide.17 This category also includes the failure to notify the Department of the officer’s own involvement in an off-duty unusual police incident.
Firearms-related misconduct, including improper display (off-duty), improper discharge (on or off-duty), failure to safeguard (on or off-duty), and possession of unauthorized firearms.
Workplace harassment between members of the service, or harassment of, and/or improper contact with victims, witnesses, or suspects.
Defiance of a supervisor’s authority, discourtesy toward a supervisor, and failure to obey a lawful order.
Minor Rules Violation
Misconduct related to adherence to post assignments and paperwork requirements, including failing to maintain or record adequate memo book entries.
Possession, use, or trafficking of illegal drugs, or the improper possession, use, or sale of prescription medication. This category includes charges related to a Department drug test failure or the refusal to take such a test.
Missing or stolen property. Broadly includes property missing/stolen/improperly released during any interaction with members of the public, or property missing/stolen from a Department facility, vehicle, etc. This category also includes allegations related to the handling of personal or Department property or evidence including failure to safeguard, failure to voucher, failure to secure, and damage to property.
Performance of Duties
Nonfeasance of duty. This category includes failure to investigate, failure to respond, failure to supervise, failure to appear in court or offer adequate testimony, and failure to take police action.
False, misleading, or inaccurate statements, regardless of the intent of the member of the service, including those made under oath or in an official Department or CCRB interview, false or inaccurate entries in Department records, and false statements to prosecutors or other investigative bodies.
Unauthorized business referrals and/or improper associations with tow or body shop businesses. Also includes allegations of not adhering to the Department’s Directed Accident Towing Program (“DARP”) procedures.
Unlawful acts not otherwise categorized. Miscellaneous: Misconduct that does not readily fit into any of the other categories, including sick leave violations and engaging in unauthorized off-duty employment.