Purpose
The purpose of this policy is to provide guidelines for employees of this agency to follow concerning acts of insubordination.
Policy
The organizational rank structure of this Department lists the Chief of Police as the leading authority within the chain of command. This authority is delegated downward to the next level of authority and continues throughout the entire chain to the lowest level. It is mandatory that members of this department understand the rank structure and carry out their duties and responsibilities as directed by their supervisors. Any form of insubordination, unless otherwise justified, will not be tolerated and will be subject to disciplinary action up to and including termination.
Procedures/Regulations
Obey Lawful Orders
Members must always obey lawful orders, directives and corrective actions, given by supervisors or their designees, upon issuance (in accordance with P&P 5-102 [III-A]).
- If compliance is not feasible because of the following reasons, the member receiving the order shall respectfully request an opportunity to discuss the situation, in private, with the supervisor issuing the order:
- The order would jeopardize the member’s health or safety,
- The order would violate any federal, state, county, or municipal laws or involve the breach of any of the rules, regulations, policies or procedures of this Department,
- The member has information that may adversely affect the intent of the order.
- The member has received conflicting orders.
- The member shall explain to the supervisor the reason for their concern regarding a violation of the law, health or safety concern, etc.
- In the event the discussion between the supervisor and the member fails to resolve the conflict, the member issued the order shall be allowed to make contact with a higher-ranking supervisor (next level of authority within the chain of command) for clarification purposes.
- These procedures do not give subordinate members the authority to challenge all orders issued by a superior member. Any abuse of these provisions will be considered insubordination.
Acts of Insubordination
- Acts of insubordination may result in:
- Being relieved of duty (as approved by a Deputy Chief or higher)
- Immediate suspension of off-duty employment privileges (P&P 3-801)
- Discipline, up to and including termination
- Violations of the Professional Conduct policy (P&P 5-102) directed toward a supervisor may be considered acts of insubordination.
Delegated Authority
All members will be held accountable for their use of delegated authority.
Definitions
Refer to the Commonly Used Terms page for general definitions.
- Feasible: Objectively reasonably capable of being safely done or carried out.
- Insubordination: For the purposes of this policy, insubordination is any act of defiance, disobedience, dissension, indifference or resistance to authority.
- Lawful Order: Any written or oral directive issued by a supervisor or a proper authority in the
course of work that is in compliance with MPD rules and regulations.