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The Municipal Lawyer in January 2005, under the title "Conduct Unbecoming." The second part of this article was published in The Municipal Lawyer in March 2004, under the title "Regulating Moonlighting by Officers." Footnotes have been deleted from this version.Law enforcement executives know that when a shooting incident, report of sexual misconduct, or allegation of excessive force occurs, neither the news media nor the public want to hear that the officer was "off-duty." Since the chief or sheriff will have to deal with the aftermath of such an incident, knowing the limitations of agency controls on off-duty conduct will help limit the likelihood of an off-duty disaster, or at least mitigate or transfer the liability.Sometimes, they just can't believe the changes that have already been made.They seem so "foreign" to what American society is all about, and the reason they seem "foreign" is they do not arise from American Constitutional values.Chapter 1 of the DRS Standards for Providers will focus on business practices, processes, and policy that are necessary for DARS and the contractor to comply with federal, state, and agency laws, rules, and requirements.Section 101(A)(6) of the Rehabilitation Act of 1973 provides that any state agency or contract service provider who receives federal funds must take affirmative action to employ, and advance in employment, qualified individuals with disabilities.

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Depending on the types of services offered, contracted service providers must also be in full compliance with the applicable standards included in other chapters relevant to the services they provide.Second, the agency executive enjoys tremendous latitude in fashioning rules and discipline to enforce the higher standard of conduct.Utah’s legislators have prescribed that a law enforcement officer’s certification, or legal ability to exercise law enforcement powers, may be revoked for any "conduct or pattern of conduct that would tend to disrupt, diminish or otherwise jeopardize public trust and fidelity with regard to law enforcement." By setting a very low threshold of conduct that would disqualify an officer from exercising law enforcement powers, to wit "tend to disrupt, diminish or otherwise jeopardize the public trust," the Utah Legislature emphasizes the high standard of conduct required to retain one’s badge of office."Police officers must comport themselves in accordance with the laws that they are sworn to enforce and behave in a manner that brings honor and respect for rather than public distrust of law enforcement personnel.They are required to do more than refrain from indictable conduct.




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