Changes for page AB 05 Standards of Conduct

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24	24
25	25	Review Date:
26	26
27		-01/14/2019
	27	+05/01/2014
28	28
29	29
30	30	Sheriff Cory C. Pulsipher
31	31
32		-Undersheriff James Standley
	32	+Undersheriff Bart Bailey
33	33
34	34
35	35	__**TABLE OF CONTENTS**__
...	...	@@ -96,8 +96,8 @@
96	96	1. GRAMA: Government Records Access and Management Act
97	97	1. Impaired: Intoxicated, under the influence of any controlled or otherwise mind or body-altering substance, or in any otherwise diminished physical or mental capacity.
98	98	1. Offender: A person that is an arrestee, an inmate, a probationer, a parolee, or a notorious repeat arrestee even if not currently incarcerated.
99		-1. (% style="font-weight:normal" %)Speech: Any communication, whether verbal, written, or electronic made by or on behalf of an individual.
100	100
	100	+
101	101	**AB 05_102 __REFERENCES__**
102	102
103	103	1. Utah Counties Insurance Pool: ML-IV.A.9.
...	...	@@ -108,6 +108,7 @@
108	108	11. N03.01.02: Content
109	109	11. N03.02.01: Sexual Harassment Prohibited
110	110
	111	+
111	111	**AB 05_103 __GENERAL__**
112	112
113	113	1. Policy:
...	...	@@ -116,6 +116,7 @@
116	116	1. Rationale:
117	117	11. Rules and regulations are necessary to govern employee conduct, to provide fair notice of required and prohibited conduct, and to serve as a basis for disciplinary action.
118	118
	120	+
119	119	**AB 05_104 __ABUSE OF POSITION__**
120	120
121	121	1. Policy:
...	...	@@ -123,6 +123,7 @@
123	123	1. Rationale:
124	124	11. Abuse of position to gain special privilege, even if not a violation of law, may undermine public confidence and trust.
125	125
	128	+
126	126	**AB 05_105 __CONFLICT OF INTEREST__**
127	127
128	128	1. Policy:
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137	137	11. When conflicts of interests occur between an employee's private rights as a citizen and the privileged rights attributed to the employee's position with the WCSO, management shall attempt to bring about a reasonable balance.
138	138	11. Employees may not always be able to determine whether actions create a conflict of interest.
139	139
	143	+
140	140	**AB 05_106 __DISCRIMINATION AND HARASSMENT__**
141	141
142	142	1. Policy:
...	...	@@ -151,6 +151,7 @@
151	151	11. Equal protection of the law does not mean that all employees or offenders will be treated exactly the same; circumstances, histories, behaviors, and other factors may vary. Employees and offenders are entitled to equal protection of the law, not equal results.
152	152	11. It is management's right and responsibility to channel, control, and otherwise prohibit employee behavior or conduct that has the potential to cause employer liability or disruption in the work force or to subject management to civil liability for violation of a member's civil rights. On-the-job or job-related harassment is a serious violation of an employee's or potential employee's civil rights. Civil courts hold employers and employees highly accountable and liable for controlling behavior and conduct in these areas.
153	153
	158	+
154	154	**AB 05_107 __DISTRIBUTION OF INFORMATION__**
155	155
156	156	1. Policy:
...	...	@@ -158,9 +158,10 @@
158	158	111. Discuss or distribute information obtained from another employee's personnel file or any other confidential information pertaining to another WCSO employee;
159	159	111. Distribute or post any written or printed material inside PCF; or
160	160	111. Intentionally remove, alter, deface, obliterate, tear down, or destroy any official proclamation, advertisement, notice, or posted information of the United States, State of Utah, Washington County, WCSO, or PCF.
161		-1. Rationale:
	166	+1. Rationale:T
162	162	11. The unauthorized discussion or distribution of private information may subject the individuals involved and the WCSO to criminal and civil liability.
163	163
	169	+
164	164	**AB 05_108 __DUTY TO KNOW__**
165	165
166	166	1. Policy:
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168	168	1. Rationale:
169	169	11. Policies, procedures, and practices are management's tools to achieve overall efficiency and effectiveness in day-to-day operations and decision making. They are designed to communicate management's intent, and to help management focus its resources. Thus, failure to follow policies, procedures, and practices would result in a loss of efficiency and effectiveness.
170	170
	177	+
171	171	**AB 05_109 __GRATUITIES__**
172	172
173	173	1. Policy:
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178	178	1. Rationale:
179	179	11. Acceptance of excessive gifts or gratuities may undermine public confidence and trust.
180	180
	188	+
181	181	**AB 05_110 __HONESTY AND LAWFULNESS__**
182	182
183	183	1. Policy:
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198	198	11. Employees are a part of the law enforcement/criminal justice system. As such, employees are held to a higher standard to ensure that their conduct is honest and lawful. Dishonest or unlawful behavior of employees undermines public confidence and trust.
199	199	11. It is not the intent to prohibit the use of inaccurate, false, or misleading information when necessary in the performance of duty.
200	200
	209	+
201	201	**AB 05_111 __IMPAIRMENT__**
202	202
203	203	1. Policy:
...	...	@@ -212,11 +212,13 @@
212	212	1. Rationale:
213	213	11. Employees involved with legal drugs in an improper manner or illegal drugs subject the WCSO to severe public criticism and damage to the image of the WCSO. Such conduct may impair an employee's ability to evaluate critical situations and make judgments that affect public confidence and often citizen's lives, liberties, and safety.
214	214
	224	+
215	215	**AB 05_112 __INFORMATION TECHNOLOGY__**
216	216
217	217	1. Policy:
218	218	11. Current Washington County policies and procedures shall be followed.
219	219
	230	+
220	220	**AB 05_113 __INSUBORDINATION__**
221	221
222	222	1. Policy:
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238	238	11. Willful or intentional disregard of lawful and reasonable directions, instructions, or orders may undermine the order, discipline, security, and safety of the WCSO.
239	239	11. In exchange for the privilege of employment and paid compensation, management has the right to expect employees to perform the duties and tasks of their positions or any other tasks lawfully assigned and to achieve effective and efficient performance results.
240	240
	252	+
241	241	**AB 05_114 __INTERACTION AND COMMUNICATION__**
242	242
243	243	1. Policy:
...	...	@@ -250,19 +250,6 @@
250	250	111. Are unlawful;
251	251	111. Result in mismanagement or waste of budget resources; or
252	252	111. Are otherwise contrary to the welfare or interests of the WCSO.
253		-11. (((
254		-(% style="margin-bottom: 0in; font-style: normal" %)
255		-(% style="font-weight:normal" %)To meet the safety, performance and public-trust needs of the WCSO, the following are prohibited unless the speech is otherwise protected:
256		-
257		-1. (% style="font-weight:normal" %)Speech or expression made pursuant to an official duty that tends to compromise or damage the mission, function, reputation or professionalism of the Washington County Sheriff's Office or its employees.
258		-1. (% style="font-weight:normal" %)Speech or expression that, while not made pursuant to an official duty, is significantly linked to, or related to, the Washington County Sheriff's Office and tends to compromise or damage the mission, function, reputation or professionalism of the Washington County Sheriff's Office or its employees.
259		-1. (% style="font-weight:normal" %)Speech or expression that could reasonable be foreseen as having a negative impact on the credibility of the employee as a witness. For example, posting statements or expressions to a website that glorify or endorse dishonesty, unlawful discrimination or illegal behavior.
260		-1. (% style="font-weight:normal" %)Speech or expression of any form that could reasonably be foreseen as having a negative impact on the safety of the employees of the WCSO.
261		-1. (% style="font-weight:normal" %)Speech or expression that is contrary to the canons of the Law Enforcement Code of Ethics as adopted by the Washington County Sheriff's Office.
262		-1. (% style="font-weight:normal" %)Use of or disclosure, through whatever means, of any information, photograph, video or other recording obtained or accessible as a result of employment with the Office for financial or personal gain, or any disclosure of such materials without the express authorization of the Sheriff or the authorized designee (Utah Code 67-16-4).
263		-1. (% style="font-weight:normal" %)Other than Sheriff's Office sanctioned events (Swearing-Ins, Deputy of the Quarter, academy graduations, etc), posting, transmitting or disseminating any photographs, video or audio recordings, likeness or images of Office logos, emblems, uniforms, badges, marked vehicles, equipment or other material that specifically identifies the Washington County Sheriff's Office on any personal or social networking or other website or web page, without the express authorization of the Sheriff.
264		-1. (% style="font-weight:normal" %)Employees must take reasonable and prompt action to remove any content, including content posted by others, that is in violation of this policy from any web page or website maintained by the employee (e.g. social or personal website).
265		-)))
266	266	1. Rationale:
267	267	11. It is essential to effective management to maintain public confidence and employee morale through proper interaction and communication.
268	268	11. Restrictions on communication are balanced by employees' ability to bring problems to the attention of the Washington County Human Resource Department, Washington County Attorney, Washington County Commission, or State of Utah, or to otherwise lawfully access "whistle blower" laws.
...	...	@@ -269,6 +269,7 @@
269	269	11. The purpose of supervisory positions is to reasonably ensure that the mission, goals, and directives of the WCSO are carried out in an efficient, effective, and safe manner as well as to provide accountability for performance. Management requires subordinates to display respect and courtesy to higher positions because it provides a sense of order.
270	270	11. The willingness and ability of an employee to display respect and courtesy to another is a reasonable assessment of the employee's capabilities to set aside personal feelings and priorities when dealing with citizens.
271	271
	271	+
272	272	**AB 05_115 __INTERFERING WITH OFFICIAL BUSINESS__**
273	273
274	274	1. Policy:
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276	276	1. Rationale:
277	277	11. WCSO employees are a part of the law enforcement/criminal justice system of the state. As such, employees bear a higher duty to ensure that their conduct supports, rather than interferes with, the official business of the WCSO.
278	278
	279	+
279	279	**AB 05_116 __PERFORMANCE OF DUTY__**
280	280
281	281	1. Policy:
...	...	@@ -303,6 +303,7 @@
303	303	11. Absenteeism may affect the effective, efficient, and safe operations of the WCSO. The nature of public safety/security work requires employees capable and ready to handle any established or expected service demanded by the public. Employees have specialized and specific training that cannot be easily replaced or substituted by other persons. Additionally, replacement or substitutions place extra demands upon management.
304	304	11. Knowledge, skill, and attitude are useless if the employee is unable to apply them in a productive manner.
305	305
	307	+
306	306	**AB 05_117 __PERSONAL RESPONSIBILITY__**
307	307
308	308	1. Policy:
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313	313	11. Willful failure to meet financial obligations may bring discredit to Washington County and the WCSO and may place the employee at risk of civil action, including garnishment of wages.
314	314	11. It is not the intent to punish employees because of financial problems, especially when debts result from exigent circumstances or when a good-faith effort is being made to satisfy the obligations. However, the WCSO does not condone willful failure to satisfy financial obligations.
315	315
	318	+
316	316	**AB 05_118 __POLITICAL ACTIVITY__**
317	317
318	318	1. Policy:
319	319	11. Current Washington County policies and procedures shall be followed.
320	320
	324	+
321	321	**AB 05_119 __PROHIBITED ASSOCIATION__**
322	322
323	323	1. Policy:
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357	357	111. Other legitimate conduct or interaction which may place them in contact with offenders or ex-offenders.
358	358	11. Rules governing employee relationships and interaction with offenders cannot anticipate every situation. Some relationships which appear to violate the rules may not actually violate legitimate interests of the WCSO. Therefore, the division chief deputy may approve exceptions (in writing) on a case-by-case basis after full disclosure of all relevant facts.
359	359
	364	+
360	360	**AB 05_120 __PUBLIC IMAGE__**
361	361
362	362	1. Policy:
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364	364	1. Rationale:
365	365	11. Behavior that may not be considered wrong in private employment could be wrong in the public sector because of the nature of the public service mission. The WCSO recognizes its responsibility to balance standards of conduct designed to promote public trust while at the same time avoiding unnecessary infringements on the employee's rights. Employees who wish to hold the honor of a public position and enjoy the privileges of public trust share an affirmative responsibility to conduct themselves, on duty as well as off duty, in a manner that does not bring public image or trust into question. The employee's right to privacy does not create an obligation on management to fulfill those rights at the expense of effective, efficient, or safe operations of the WCSO.
366	366
	372	+
367	367	**AB 05_121 __PUBLIC RELATIONS__**
368	368
369	369	1. Policy:
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375	375	111. Prohibit employees from legitimate and ethical utterances relative to their work experiences; or
376	376	111. Require employees to gain official permission to express views which are clearly represented as their own and which do not otherwise violate law or the policies or procedures of the WCSO.
377	377
	384	+
378	378	**AB 05_122 __PURCHASES__**
379	379
380	380	1. Policy:
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383	383	1. Rationale:
384	384	11. Unauthorized or improper financial transactions may display an appearance of intentional deceit or dishonesty. Such actions could jeopardize public confidence and trust.
385	385
	393	+
386	386	**AB 05_123 __SAFETY AND SECURITY__**
387	387
388	388	1. Policy:
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397	397	11. Safe behavior in public service work is paramount due to the level of public trust and the nature of the equipment involved (e.g., firearms, motor vehicles, impact tools, chemicals, etc.). Unsafe behavior and unsafe use and handling of equipment significantly increases the risk of injuries to citizens and personnel and it increases liability.
398	398	11. Ensuring public safety involves protecting the general public, employees, and offenders.
399	399
	408	+
400	400	**AB 05_124 __SMOKING__**
401	401
402	402	1. Policy:
403	403	11. Current Washington County policies and procedures shall be followed.
404	404
	414	+
405	405	**AB 05_125 __USE AND CARE OF PROPERTY AND EQUIPMENT__**
406	406
407	407	1. Policy:
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409	409	1. Rationale:
410	410	11. Management has the specific right to and inherent interest in assuring the public that equipment will be cared for and used in an effective, efficient, and safe manner. Part of this responsibility includes designating what WCSO equipment or property will be used, how it will be used and cared for, and who may use it.
411	411
	422	+
412	412	**AB 05_126 __WORKPLACE VIOLENCE__**
413	413
414	414	1. Policy:
415	415	11. Current Washington County policies and procedures shall be followed.
416	416
	428	+
417	417	**AB 05_127 __VIOLATION EXAMPLES__**
418	418
419	419	Violating a standard of conduct has serious consequences for staff. Standards are concepts and are often subject to individual interpretation which in turn is heavily influenced by individual motives and desires. Therefore, non-exclusive examples of violations should help those staff members with the ability and desire to understand and follow the rules. Staff who do not understand a standard's meaning or management's intent are responsible for contacting a supervisor for clarification. Staff who fail to clarify adopted standards may not use lack of understanding as a defense if charged with violation of a standard. The following examples do not represent a complete list: