Changes for page AB 05 Standards of Conduct
Last modified by Ryan Larkin on 2022/03/08 20:46
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edited by Ryan Larkin
on 2016/09/02 16:06
on 2016/09/02 16:06
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... ... @@ -24,12 +24,12 @@ 24 24 25 25 Review Date: 26 26 27 -0 1/14/201927 +05/01/2014 28 28 29 29 30 30 Sheriff Cory C. Pulsipher 31 31 32 -Undersheriff James Standley32 +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. ... ... @@ -108,14 +108,16 @@ 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: 114 114 11. The WCSO shall provide written standards of conduct to regulate employee behavior and actions. 115 -11. When employees violate standards of conduct they should expect to be confronted and receive counseling, formal corrective action, or discipline. For corrective action and discipline guidelines, refer to policy: [[AB 10 Corrective Action and Discipline>>AB 10 Corrective Action and Discipline]].116 +11. When employees violate standards of conduct they should expect to be confronted and receive counseling, formal corrective action, or discipline. For corrective action and discipline guidelines, refer to policy: AB 10 Corrective Action and Discipline. 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: ... ... @@ -129,7 +129,7 @@ 129 129 11. Employees shall not engage in employment, conduct, or activity which results in a conflict of interest prohibited by law or WCSO policy. Prohibited conflicts of interest include, but are not limited to: 130 130 111. Unauthorized disclosure of confidential information; 131 131 111. Improper acceptance of gifts or gratuities; 132 -111. Unauthorized secondary employment (reference policy: [[AB 03 Secondary Employment>>AB 03 Secondary Employment]]);Unlawful business interests; and135 +111. Unauthorized secondary employment (reference policy: AB 03 Secondary Employment);Unlawful business interests; and 133 133 111. Coercion or encouragement of others to violate provisions of this policy. 134 134 11. Employees who are unsure of whether proposed actions or conduct would amount to a conflict of interest are required to request official approval before engaging in questionable actions. 135 135 1. Rationale: ... ... @@ -137,6 +137,7 @@ 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: ... ... @@ -168,6 +168,7 @@ 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: ... ... @@ -178,6 +178,7 @@ 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: ... ... @@ -198,6 +198,7 @@ 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: ... ... @@ -238,6 +238,7 @@ 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 reasonably 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: ... ... @@ -276,6 +276,7 @@ 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: ... ... @@ -313,11 +313,13 @@ 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: ... ... @@ -357,6 +357,7 @@ 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: ... ... @@ -364,6 +364,7 @@ 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: ... ... @@ -375,6 +375,7 @@ 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: ... ... @@ -383,6 +383,7 @@ 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: ... ... @@ -397,11 +397,13 @@ 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: ... ... @@ -409,11 +409,13 @@ 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: