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Atlanta Police Department

Policy Manual

 

 

 

 

 

 

 

 

 

Standard Operating

Procedure

 

Effective Date

July 1, 2009

 

APD.SOP.1100

Requests for Legal or Ethical Opinions

 

Applicable To:  All employees

Approval Authority:  Chief Richard J. Pennington

Signature:  Signed by RJP

Date Signed:  7/16/09

 

       

1.               PURPOSE

 

To provide coordination and oversight of requests for legal and ethical opinions originating within APD.

 

2.               POLICY

 

Requests to the Law Department for legal opinions or requests to the City’s Board of Ethics will be in writing, approved by the Chief of Police, and coordinated through the office of the Chief.

 

3.               RESPONSIBILITIES

 

3.1              The Chief of Staff is the designated liaison with the Law Department and the City’s Board of Ethics for all legal and ethical opinions.

 

3.2              The Planning and Research/Accreditation Unit will maintain copies of all legal and ethical opinions affecting the Department.

 

4.               ACTION

 

4.1              The original of all requests to the Law Department or to the City’s Board of Ethics will be forwarded, through the chain of command to the Chief of Police for approval.

 

4.2              Each commander will notify the Chief of Police of subsequent developments relative to any request submitted.

 

4.3              If there is a need for an immediate response to the request for a legal or ethical opinion, notify the Chief of Staff who will coordinate with the Law Department or Board of Ethics.

 

4.4              After a legal or ethical opinion is received from the Law Department or the Board of Ethics, the Chief of Staff will be responsible for its distribution.  The original copy of the opinion will be filed in the Chief's office and copies will be forwarded to the requesting command and the Planning and Research/Accreditation Unit.

 

4.5              The requesting commander will promptly advise the Chief of Police, the Chief of Staff and the Planning and Research/Accreditation Unit of the need for changes to existing rules, policies, procedures or training resulting from a legal or ethical opinion.

  

5.               DEFINITIONS

 

5.1              Legal Opinion:  A written opinion issued by the City Attorney or the City Attorney’s designee expressing the position of the Law Department on a matter of law.

 

5.2              Ethical Opinion:  A written advisory opinion issued by the City’s Board of Ethics expressing the position of the Board.

 

6.               CANCELLATIONS

 

                  APD.SOP.1100 “Requests for Legal Opinions”, September 29, 2005  

 

7.               REFERENCES

 

                  Atlanta Code of Ordinance, Section 2-399 "Powers and duties [of the City Attorney]"

                  Atlanta Code of Ordinance, Section 2-804. (Board of Ethics)