HomeMy WebLinkAbout81B-Use of Cell Phones - 2019
Policy & Procedure Page 1 of 4
Lexington Police
Department
Subject:
Use of Cell Phones
Policy Number:
81B Accreditation Standards:
Reference: 81.2.10
Effective Date:
1/1/16
New
Revised
Revision
Dates:
1/24/19
By Order of: Mark J. Corr, Chief of Police
The Municipal Police Institute, Inc. (MPI) is a private, nonprofit charitable affiliate of the
Massachusetts Chiefs of Police Association. MPI provides training and model policies and
procedures for police agencies. This policy is an edited version of MPI Policy 4.08.
GENERAL CONSIDERATIONS AND GUIDELINES
The purpose of this policy is to provide law enforcement employees with guidelines
for the proper use of cell phones while on duty. We must set the proper example for
citizens. Using a cell phone while operating a department vehicle is distracting and
may result in a collision. While Massachusetts does not prohibit the use of cell
phones while operating a motor vehicle, there are penalties for improper operation
resulting from use of a cell phone and failure to pay attention.
All Department members issued Department Cell Phones must also familiarize
themselves with the Town of Lexington Administrative Directive #1, Mobile
Communications.
It is the policy of the Lexington Police Department to:
1. Use cell phones in the course of police operations to enhance departmental
communication; and
2. Limit cell phone use by employees to conducting official business when the
use of radio communication or hard line telephones is inappropriate,
unavailable, or inadequate to meet communication needs, and when the cell
phone is used in accordance with this policy.
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PROCEDURES
A. Department Owned Cell Phones
1. Cell phones are only authorized for official police business. Exceptions
may be made for pressing family situations or personal matters that
require attention and where alternative forms of communication are not
suitable or easily available.
2. Any additional financial charges incurred by cell phone use should be limited
and clearly linked to the necessity to use cell phones when other alternatives
are inappropriate or not available. Employees will be responsible for any
additional charges incurred for personal use.
B. Personal Cell Phones
1. AUTHORIZATION:
a. Employees may carry personally owned cell phones while on duty. The
employees immediate supervisor should have the officers cell phone
number as an alternative method of communication in an emergency
situation.
2. LIABILITY:
a. The department is not responsible for loss or damage to personal cell
phones while on/off duty.
b. Use of personal cell phones is governed by the same safety restrictions
as provided for departmentally-owned cell phones.
C. USE of Cell Phones While on Duty [81.2.10]
1. GENERALLY
a. Cell phones should not be used if they may be disruptive to others.
b. Ringer: Cell phone rings should be set to silent or vibrate in situations
where a cell phone ring could be disruptive, such as meetings, court,
etc.
2. ATTRIBUTES: Cell phones should be carried in a place that limits them from
public view. They shall not have ring tones or carry cases that may be
offensive the public.
3. DISTRACTION: A cell phone shall not be used when it would unnecessarily or
unreasonably divert the attention of an employee from official duties and/or
cause a potentially hazardous situation.
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4. COMMUNICATIONS
a. Cell phones are an augmentation to the department's communication
system, not a substitute for radio communication designated for
transmission through the department's emergency communication
center recorded lines.
b. Approved cell phone usage includes but is not limited to the following
types of communications:
i. Conveyance of sensitive or restricted information;
ii. Lengthy communication with supervisors or headquarters personnel;
iii. Undercover operations;
iv. Communication beyond normal radio range;
v. Incidents in which direct contact with an employee and the public is
critical; and,
vi. Incidents in which the use of a hard line telephone would be
appropriate but where one is not available.
c. Employees may use cell phones for car-to-car communication. The cell
phone shall not be used to bypass the appropriate use of the radio
system or a dispatched call for service.
d. Use of personal cell phones either in voice or data transmission while
on duty should be restricted to essential communications and should be
limited in length. Engagement in multiple or extended conversations
unrelated to police business or similar use that interferes with the
performance of duty is prohibited.
e. Police reports may not be taken using the cell phone unless such
reporting over a land line phone would be authorized. The phone may
be used to contact the victim or complainant and arrange a meeting
time and place.
5. CELL PHONE NUMBERS
a. Cell phone numbers should not normally be provided to members of the
public. Exceptions may be made when immediate future contact
between an employee and a victim, witness, or other person may be
critical.
b. Personnel may not provide the cell phone number of any member of
this department to a member of the public without the cell phone user's
authorization.
2. IMAGES
a. The use of photo messaging capabilities are prohibited unless they can
be clearly linked to the conduct of official police business.
b. Any images captured during the course of an employee’s duties are
considered to be department documents and may only be distributed in
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accordance with department policy. See the Department policy 82A-
Records Management and Dissemination.
6. VEHICLE OPERATION: Employees should not operate department vehicles
while using cell phones unless emergency circumstances exist, and other
means of communication are not available or suitable. When possible,
employees should pull off the roadway in a safe location when using cell
phones unless hands-free operational devices are available. Officers are
reminded that they shall be alert and vigilant at all times in the performance of
their duties and devote their full time and attention to the service of the
Department and to the citizens of the community.
Cell phones that are used during high-risk situations, investigative or
tactical operations, sensitive assignments or for command operations may
be exempt from all or part of this policy as determined by the Chief of
Police