Implementing regulation of the Act of 17 November 1975 on the Cantonal Police (RLPol) - Sworn Police Officers [ 11 ] (RLPOL)

1. The following individuals qualify as sworn police officers within the meaning of the Law of November 17, 1975, on the Cantonal Police (hereinafter the Law) [A]

1. police officers;

2. officials who have been hired and designated as police officers.

1. The following are police officers

a. Cantonal Police Command and General Services

- the commander of the cantonal police, his deputy, his command assistants, and police officers seconded to general services who hold the rank of gendarmerie officer or criminal police officer;

b. Gendarmerie

- the commander, his deputy, and police officers with the rank of captain, first lieutenant, and lieutenant;

c. Criminal Police

- the chief, the deputy chief, the head of forensic identification and laboratories, and police officers with the rank of principal commissioner, commissioner, and deputy commissioner.

1. The police officers listed below may order the following coercive measures (Art. 7a, para. 1 LPJu [C])

a. in urgent cases, order searches for persons whose whereabouts are unknown and whose presence is necessary for the proceedings (search notice, Art. 210, para. 1 CPP [D])

1. the cantonal police commander and their deputy;

2. the gendarmerie commander and their deputy;

3. the head of the security police and their deputy;

4. the commander of the Lausanne municipal police, their deputy, and the head of the municipal judicial police subdivision;

5. other police officers when acting as duty officers for the cantonal police and the Lausanne municipal police;

b. where there is imminent danger, enter premises without a search warrant (house search, Art. 213, para. 2 CPP): any judicial police officer;

c. where there is imminent danger, order the examination of body orifices and cavities that cannot be examined without the aid of an instrument, and conduct searches without a warrant (searches, body searches, and examinations, Art. 241, para. 3 CPP): any judicial police officer;

d. order the non-invasive collection of samples or the establishment of a DNA profile from biological material related to the offense (DNA analysis, Art. 255, para. 2 CPP): specially trained collaborators designated by the cantonal police commander;

e. order the collection of a person's identification data (collection of identification data, Art. 260, paras. 2 and 3 CPP): specially trained collaborators designated by the cantonal police commander;

f. where there is imminent danger, provisionally secure objects and assets for the public prosecutor's office or the court (sequestration, Art. 263, para. 3 CPP): any judicial police officer;

g. secretly observe persons and things in freely accessible places and make audio and video recordings (observation, Art. 282 CPP): any judicial police officer.

2. The provisional arrest of a person caught in the act of committing a contravention or intercepted immediately after such an act shall be approved, if it exceeds three hours, by an officer of the cantonal police or a municipal police force (Art. 7a, para. 2 LPJu).

1. The commander of the cantonal police has direct authority over the staff of the cantonal police, the commander of the gendarmerie, and the chief of the criminal investigation police (hereinafter referred to as the corps chiefs).

2. He organizes the general services and may delegate the management of all or part of them to his deputy or to his command assistants.

1. The commander of the cantonal police has authority over the gendarmerie and the security police.

2. They organize their cooperation, coordinate their activities, and direct their interventions whenever necessary, especially concerning public safety and order.

1. The commander of the cantonal police exercises general oversight over the proper functioning of the service.

2. He informs the head of the department about everything related to public order and immediately alerts him in serious cases.

1. Requisitions from judicial and administrative authorities that appear to fall outside the scope of the usual duties or activities of the police are submitted to the commander of the cantonal police, who decides on the action to be taken.

1. Police officers from the gendarmerie and public safety police detached to general services shall be designated by the commander of the cantonal police, after consultation with their corps commander.

2. They are subordinated, with regard to all matters related to their work, to the commander of the cantonal police.

3. They remain subject to the provisions of Article 16 of Law [A].

4. ...

5. They shall be promoted on the proposal of the commander of the cantonal police, who will seek the opinion of their corps commander.

6. The ranks they occupy are not taken into account in the calculation of the number of ranks attributed to the corps from which they are detached.

1. Commanding officers have direct command of their respective units.

2. They oversee the proper functioning of the service and, in particular, the execution of the requisitions assigned to them by the commander of the cantonal police.

3. They inform the commander of the cantonal police about all matters concerning public order and immediately notify them in serious cases.

1. Schools for trainees are organized according to needs.

2. The necessary funds are allocated in the budget, where they are the subject of a separate chapter.

1. To be admitted to the aspiring officers' school, the following conditions must be met

a. Gendarmerie

1. to have the exercise of civil rights;

2. to enjoy a good reputation and not to have incurred any conviction for acts contrary to probity or honor;

3. to be aged in principle at least 20 years and at most 32 years;

4. to benefit from a good education and a certificate of competence or equivalent training.

5. to possess the necessary character qualities and intellectual and physical aptitudes;

6. to be in principle at least 160 cm tall.

b. Security Police

1. to have the exercise of civil rights;

2. to enjoy a good reputation and not to have incurred any conviction for acts contrary to probity or honor;

3. to be aged in principle at least 20 years and at most 32 years;

4. to benefit from a good education, as well as a certificate of competence or equivalent training, and to have sufficient knowledge of a second official language or a foreign language useful for the exercise of the function;

5. to possess the necessary character qualities and intellectual and physical aptitudes;

6. to be in principle at least 160 cm tall.

c. ...

1. The aspiring candidates are required to undergo examinations covering their general knowledge.

2. They are also subject to medical examinations intended to verify whether they possess the physical and mental aptitude to serve in the police.

1. Candidates who meet the conditions set forth in Article 12 and who have successfully passed the exams specified in Article 13 are admitted as aspirants by decision of the head of the department, upon the proposal of the head of the corps and with the prior notice of the commander of the cantonal police.

1. The training of cadets is entrusted to a Police Academy recognized by the Federal Office for Vocational Education and Training.

2. The training programs must meet at least the requirements of the federal police officer certificate.

1. The duration of the school, including both theoretical and practical training, is at least one year.

2. It counts as service time for the calculation of benefits related to professional pension schemes.

3. …

1. The remuneration of trainees is determined by the Personnel Service of the State of Vaud.

1. In the event of an occupational accident, trainees shall receive medical care at the State's expense under the same conditions as police officers.

1. Applicants are insured with the Pension Fund of the State of Vaud as soon as they meet the conditions for affiliation.

1. During the school year, employment contracts may be terminated by either party

- during the first two months, with one week's notice for the end of a week;

- from the 3rd month onwards, with one month's notice for the end of the following month.

2. These notice periods may be shortened by mutual agreement.

3. Termination with immediate effect for just cause remains reserved.

1. The other duties and rights of the trainees are determined by service orders.

1. The use of firearms, proportionate to the circumstances, is authorized as a last resort

1. when the police are attacked or threatened with an imminent attack;

2. when, in their presence, a third party is attacked or threatened with an imminent attack;

3. to enable the police to carry out their mission, notably

a. when a person who has committed or is strongly suspected of having committed a serious offense or has acted while armed attempts to evade arrest or ongoing detention by fleeing;

b. when the police can or must deduce, from communicated information or their own observations, that a person posing a serious and imminent danger to the life, bodily integrity, or health of others attempts to evade arrest or ongoing detention by fleeing;

c. to free a hostage;

d. to prevent a serious and imminent attack on facilities serving the community, the destruction of which would cause significant harm to the community.

2. Police recruits who have successfully completed training and control examinations may, during their internships, use a firearm under the conditions mentioned in points 1 and 2 above.

1. The weapon is personal or collective.

1. The use of a firearm is preceded by a warning if the mission and circumstances allow it.

2. A warning shot is only fired if it results from the circumstances that the warning might not be perceived.

1. Unless otherwise provided, the chain of command is the rule in the cantonal police.

1. Police officers are required to inform their superiors about anything that may concern public order and to notify them immediately in serious cases or in cases of urgency.

2. The same duty applies to other members of the cantonal police personnel.

1. The commander of the cantonal police is informed as soon as possible when a police officer is a victim of violence or another offense while performing their duties.

2. The same applies when a police officer commits an act that may lead to a criminal investigation, whether due to acts committed in the course of their duties or unrelated to the performance of their functions.

1. Police officers must carry their identification card while on duty, even when in uniform.

2. If they notice its loss or theft, they must report it immediately.

1. Police officers have the duty to assist each other in all their official activities, even if they are not expressly required to do so.

1. A police officer who is unable to report for duty shall immediately notify their direct superior.

2. If the absence is due to illness or an accident and extends beyond three days, a medical certificate indicating the probable duration of the incapacity for work must be provided. If recovery does not occur within the anticipated period, a new certificate is required.

1. Every officer is required to report to their superior, as soon as they become aware, any disciplinary breaches and violations of service duties committed by their subordinates.

1. Police officers must reside within an area that is compatible with the performance of their duties. This residential radius is determined by mutual agreement between the commander of the cantonal police and the personnel associations.

1. Clothing, equipment, and individual armament are provided by the State and issued as a loan.

2. A police officer who retires after completing 25 years of service becomes the owner of his pistol, and if he is an officer of the gendarmerie, of his saber.

3. Under the same conditions, members of the gendarmerie become the owners of their clothing. It may be left to the family upon request if they die while in service.

1. Courses for officers, refresher courses, and advanced training courses are held as needed.

2. They are organized by the commander of the cantonal police for subjects concerning the entire cantonal police, and by the heads of departments for those specifically related to the activities of the gendarmerie or the security police.

3. The programs of the departments are subject to the approval of the commander of the cantonal police.

4. Participation in these courses, as well as those that may be organized by other authorities or institutions, is mandatory for the designated personnel.

5. Officers from municipal police departments may, at the request or with the consent of the municipal authority, be required to attend courses organized within the framework of the cantonal police. The mandatory provisions of special laws are reserved.

1. Annual firing exercises with individually issued weapons take place for police officers. Exercises with other weapons are organized as needed.

2. Firing programs are submitted by the heads of the corps for approval by the commander of the cantonal police.

3. Article 34, paragraphs 4 and 5, is applicable.

1. Police officers are subject to periodic personal evaluations.

2. The procedure for the appraisal interview is governed by Article 36 of the Vaud State Personnel Law [E] as well as the regulatory provisions provided for.

3. ...

1. The staff headquarters of the cantonal police, the gendarmerie, and the security police each maintain a fund into which donations and other contributions intended for the cantonal police or one of the forces are deposited.

2. The acceptance of donations and other contributions, their distribution among the funds, or their allocation to one of them must be authorized by the head of the department.

3. A regulation subject to the approval of the head of the department determines the administration and allocation of the funds of each of the accounts. It provides for the participation of the staff in the decisions to be made within this framework.

1. When a police officer suffers, in the exercise or due to their duties, damage as a result of the destruction or damage of an item belonging to them, the State shall grant appropriate compensation, provided there is no third party responsible who is able to repair the damage.

2. This provision does not apply when the officer has caused the damage intentionally or through gross negligence.

1. In case of necessity, the commander of the cantonal police may temporarily suspend vacations and leaves.

1. Police officers are required to have a telephone subscription.

2. ...

1. A comprehensive allowance for service inconveniences is paid monthly to police officers.

1bis. The allowance, paid monthly twelve times a year, includes an enhancement similar to a thirteenth allowance.

2. The State Council sets the initial amount of the allowances, which are indexed in accordance with Article 25 of the State of Vaud Personnel Law [E].

3. This allowance abolishes and replaces those previously paid as allowances for service inconveniences, parking, clothing, and telephone.

4. It also covers the State's contribution to the police officer's health and dental expenses as provided in Article 17 of the law [A].

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1. The completed age of the police officer upon leaving the police academy is decisive for determining the entry level into the service, according to the following scale

Age upon leaving the police academy Engagement level in the service 10207 or 10308

Up to 22 years 0

23-24 years 1

25-26 years 2

27-28 years 3

29-30 years 4

1. The number of holders of each rank is determined by organizational needs. The conditions for access to promotions are defined in the ad hoc system.

2. In category 1 according to the promotion system, provided that the conditions are met, salary progression occurs, except in exceptional cases, according to the following criteria

Inspector C Gendarme Upon engagement

Inspector B Appointed 5 years of service

Inspector A Corporal 10 years of service

Sergeant 15 years of service

1. Upon promotion within Category 1, the step acquired in the previous employment level is applicable to the new employment level.

1. When promoting from category 1 to category 2, the step is determined as follows

a. exploitable experience is determined by the difference between the employee's age and 21.5 years;

b. the following coefficients are applied to the duration resulting from the calculation performed according to letter a

- 0.66 for the period between the age of 21.5 years and the end of the "cadre curriculum" training;

- 1.00 for the period between the date of the end of the "cadre curriculum" training and the date of promotion.

2. The successful completion of the common theoretical and practical training is considered the end of the training.

1. When promoting from Category 2 to Category 3, the step is set as follows

a. exploitable experience is determined by the difference between the employee's age and 21.5 years;

b. a coefficient of 0.66 is applied to the duration resulting from the calculation performed according to letter a.

1. Overtime Hours are Limited. In cases of chronic exceedances, commitments are made, particularly if a reduction in overtime hours cannot occur within a year.

1. The State may conclude supplements to the mandatory federal accident insurance [F] for cantonal police officials and charge the premiums to them.

1. When an active police officer or a cadet passes away, the organization of the funeral is determined by mutual agreement between the family and the cantonal police.

2. The State bears the expenses incurred by the cantonal police. The other costs are divided between the family and the State according to the decision of the head of the department.

1. For the conclusion of group insurance against accidents or illness, staff associations are consulted if the premiums are borne partly or entirely by the insured individuals.

1. In the gendarmerie, the ranks are as follows

a. officers

1. corps commander

2. deputy commander with the rank of major

3. captain

4. first lieutenant

5. lieutenant

b. senior non-commissioned officers

1. adjutant

2. sergeant major

c. other collaborators

1. sergeant

2. corporal

3. private first class

4. gendarme

2. The rank of the commander is determined by the Council of State.

**1. The Commander of the Gendarmerie Determines the Assignment of New Gendarmes According to Their Skills and Needs**

1. The Commander of the Gendarmerie determines the assignment of new gendarmes according to their skills and the needs.

2. Likewise, he determines transfers.

3. The duration of the assignment to a workplace depends on the service requirements. As far as possible, the family situation of the gendarme is taken into consideration.

4. Upon request, the Commander of the Gendarmerie shall hear the persons concerned beforehand.

1. When a gendarme must be transferred due to a fault on their part, moving expenses may be charged to them either in whole or in part. They may also be deprived of all or part of the moving allowance.

2. The decision is made by the gendarmerie commander. The officer may submit a request for reconsideration following this written and reasoned decision to the authority that made the decision, within a period of twenty days from receipt. The decision made following a request for reconsideration is subject to contestation before the Prud'hommes Court of the Cantonal Administration.

1. The creation and abolition of positions are decided by the head of the department upon the proposal of the gendarmerie commander and with the prior notice of the cantonal police commander.

1. The commander of the gendarmerie and the officers conduct visits and inspections of the posts. The inspection reports are communicated to the commander of the cantonal police.

1. …

2. The head of the department specifies, in a service order, the details of the gendarmerie uniforms.

3. He is competent to conduct the necessary procurement for the acquisition of this equipment.

2. A gendarme may only be engaged in other activities that do not permanently involve police duties in exceptional cases. The authorization of the head of the department is necessary. It can be revoked at any time.

1. Gendarmes may be seconded to the security police with the consent of the cantonal police commander and the corps chiefs.

2. They are subject, in all matters relating to their work, to the head of the security police.

3. Paragraphs 3 and 4 of Article 9 are applicable.

4. A gendarme can only be permanently transferred to the security police after a probationary period of at least one year and only when they meet the admission requirements of the security police.

1. The head of the department issues a certificate of absolute leave to the gendarme who leaves the force with entitlement to a retirement or disability pension.

2. Article 47 of the law on the personnel of the State of Vaud [E] applies in other cases.

1. Within the Security Police, the ranks are as follows

a. Officers

1. Head of Corps

2. Deputy Head of Corps with the rank of Divisional Commissioner

3. Head of Forensic Identification and Laboratories with the rank of Forensic Commissioner

4. Chief Commissioner

5. Commissioner

6. Assistant Commissioner

b. Senior Non-Commissioned Officers

1. Chief Inspector

2. Deputy Chief Inspector

c. Other Collaborators

1. Inspector A

2. Inspector B

3. Inspector C

1. The Chief of Security Police decides on the assignment of new inspectors according to their abilities and the needs.

2. He also decides on transfers.

3. Upon their request, he hears the interested parties beforehand.

1. Security Police Personnel must report for duty in proper attire. An order of service, subject to the approval of the head of the department, specifies the details of this attire and indicates whether and under what circumstances different attire, suited to the demands of service, must be worn.

1. Judicial Identity and Laboratories are Attached to the Security Police.

2. Judicial Identity is Solely Competent to Conduct Technical Findings Throughout the Entire Cantonal Territory for All Offenses, Except Traffic Accidents.

1. The following are repealed

1. The implementing regulation of the law of May 26, 1943, on the organization of the cantonal police, of December 13, 1943, as amended on August 27, 1968;

2. The regulation of April 6, 1948, concerning dental care for cantonal police officers.

1. The Department of Justice, Police, and Military Affairs [B] is responsible for the implementation of this regulation, which will come into force on July 1, 1976.

2. On the same date that this regulation comes into force, the law of November 17, 1975, on Cantonal Police will also enter into force.