Changes for page AB 05 Standards of Conduct

Last modified by Ryan Larkin on 2022/03/08 20:46

From 2.4 to 3.1

From version 3.1

edited by Ryan Larkin
on 2021/11/10 17:08

Change comment: Routine Policy Review

To version 4.1

edited by Ryan Larkin
on 2022/03/08 20:46

Change comment: Policy Review

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@@ -24,12 +24,12 @@
  Review Date:
--11/10/2021
++03/08/2022
--Sheriff Cory C. Pulsipher
++Sheriff Nate Brooksby
--Undersheriff Nate Brooksby
++Undersheriff Barry Golding
  __**TABLE OF CONTENTS**__
@@ -101,12 +101,6 @@
  **AB 05_102  __REFERENCES__**
 . Utah Counties Insurance Pool: ML-IV.A.9.
--1. Utah Sheriff's Association Jail Standards:
--11. B01.03.02:  Provide Employees with a Code of Conduct
--11. B04.01.01:  Policies and Procedures Governing Staff Training Required
--11. N03.01.01:  Written Sexual Harassment Policies and Procedures Required
--11. N03.01.02:  Content
--11. N03.02.01:  Sexual Harassment Prohibited
  **AB 05_103  __GENERAL__**
@@ -184,7 +184,7 @@
 . Policy:
 . Employees shall conduct themselves in an honest and lawful manner on and off duty.
 . Employees, while on or off duty, shall obey the Constitutional, criminal, civil, and all other applicable laws of the government.
--11. While on duty, employees shall be rigorously honest in all dealings except when performance of duty requires otherwise.
++11. While on duty, employees shall be rigorously honest in all dealings except when the performance of duty requires otherwise.
 . Employees, while off duty, shall not coerce, manipulate, or attempt to influence others when such actions would reasonably be expected to benefit the employee. Such actions may be performed on duty only if duty requires.
 . While off duty, employees shall not lie, give misleading information, or falsify written or verbal communications in official reports or in their actions with another person or organization when it is reasonable to expect that such information may be relied upon because of the employee's position or affiliation with the WCSO.
 . During internal investigations, employees must cooperate fully and with complete honesty. Failure to answer questions, other obstruction, or dishonesty may result in termination.
@@ -203,12 +203,12 @@
 . Policy:
 . Current Washington County policies and procedures shall be followed.
--11. The WCSO maintains a zero tolerance drug and alcohol policy. While in uniform or on duty, employees shall not consume any drug that may cause impairment. Impairment shall not be justified even if it is the result of using legal prescription or over-the-counter drugs.
++11. The WCSO maintains a zero-tolerance drug and alcohol policy. While in uniform or on duty, employees shall not consume any drug that may cause impairment. Impairment shall not be justified even if it is the result of using legal prescription or over-the-counter drugs.
 . Employees shall not report for duty when alcohol or drugs that may cause impairment have been consumed within the prior eight hours or while still under the effects of alcohol or drugs.
 . Employees shall not unlawfully possess, sell, consume, use, or assist with the possession, selling, consumption, or use of any drug on duty or off duty.
 . The on-duty supervisor shall make immediate contact with an employee suspected of impairment for the purpose of making further assessment of the employee's condition.
 . The on-duty supervisor shall have a suspected employee submit to testing via an established local testing facility. The employee shall be provided a ride and not be allowed to drive to this location. If the employee refuses to be tested, the refusal shall subject the employee to a charge of insubordination and disciplinary action which may include termination.
--11. Supervisors shall relieve from duty any employee who, after initial investigation, is reasonably believed to be impaired while on duty. The matter must be handled formally. No supervisor has the authority to by-pass or fail to apply the requirements regarding impairment.
++11. Supervisors shall relieve from duty any employee who, after initial investigation, is reasonably believed to be impaired while on duty. The matter must be handled formally. No supervisor has the authority to bypass or fail to apply the requirements regarding impairment.
 . An impaired employee shall not be allowed to drive and may be provided a ride home if they cannot arrange for their own ride.
 . Rationale:
 . 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.
@@ -253,7 +253,7 @@
 . Are otherwise contrary to the welfare or interests of the WCSO.
 . (((
  (% style="margin-bottom: 0in; font-style: normal" %)
--(% 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:
++(% 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:
 . (% 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.
 . (% 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.
@@ -273,7 +273,7 @@
  **AB 05_115  __INTERFERING WITH OFFICIAL BUSINESS__**
 . Policy:
--11. Employees shall not engage in any conduct which interferes with official business of the WCSO.
++11. Employees shall not engage in any conduct which interferes with the official business of the WCSO.
 . Rationale:
 . 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.
@@ -374,7 +374,7 @@
 . The WCSO has a legitimate interest in ensuring that when employees speak as representatives of the WCSO that their utterances are consistent with the positions, policies, and procedures of the WCSO in order to avoid misinforming the public by offering individual opinions or philosophies as official viewpoints.
 . It is not the intent of this section to:
 . Prohibit employees from legitimate and ethical utterances relative to their work experiences; or
--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.
++111. Require employees to gain official permission to express views that are clearly represented as their own and which do not otherwise violate the law or the policies or procedures of the WCSO.
  **AB 05_122  __PURCHASES__**
@@ -395,7 +395,7 @@
 . Misuse or unauthorized use of official WCSO or PCF identification including (but not limited to) badges, picture identification, or uniform patches; and
 . Bringing into or taking from PCF any unauthorized items.
 . Rationale:
--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.
++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 increase the risk of injuries to citizens and personnel and it increases liability.
 . Ensuring public safety involves protecting the general public, employees, and offenders.
  **AB 05_124  __SMOKING__**
@@ -420,15 +420,15 @@
  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:
 . Abuse of Position:
--11. Using position for entrance into places of amusement, for free meals, drinks, or other gratuities.
++11. Using one's position for entrance into places of amusement, for free meals, drinks, or other gratuities.
 . Conflict of Interest:
--11. Accepting gratuities from any business or person, especially when the giver has, or has the potential of, a personal service to gain from providing the gratuities.
--11. Failing to perform a duty because of personal interests (e.g., cite a relative, cite an officer, investigate a case because of its incriminating effect on a friend, relative, etc.).
++11. Accepting gratuities from any business or person, especially when the giver has, or has the potential of, personal service to be gained from providing the gratuities.
++11. Failing to perform a duty because of personal interests (e.g., citing a relative, citing an officer, investigating a case because of its incriminating effect on a friend, relative, etc.).
 . "Fixing" or attempting to have "fixed" a citation. A supervisor who uses discretion to void a citation that was written contrary to departmental policies or enforcement priorities is not violating this standard provided the facts are properly documented and the employee violating the policy or procedure is properly notified and addressed.
 . Having a substantial interest in a business that does business with the employing governing body.
 . Owning (in whole or in part) or working for a business that provides a service or product that conflicts with or jeopardizes the mission, goals, or objectives of the WCSO.
 . Performing a secondary job or private work while on duty, excluding break times, such as making business contacts, conducting follow-ups on outside work, delivering correspondence, or selling.
--11. Substandard performance of work for the WCSO as a result of working a secondary job.
++11. Substandard performance of work for the WCSO as a result of secondary employment.
 . Providing a secondary employer or employees of a secondary employer with special governmental services or treatment.
 . Recommending the private or professional services of an attorney, bondsman, wrecker driver, hospital, doctor, architect, engineer, contractor, builder, etc. to a public person or offender.
 . Soliciting for any purpose on WCSO premises without proper authorization.
@@ -436,11 +436,11 @@
 . Using information gained from WCSO duties for personal gain.
 . Discrimination and Harassment:
 . A member observing or condoning, through actions or inactions, prohibited harassment by failing to properly report it to designated management authorities. This is particularly serious if a supervisor is found in violation.
--11. A supervisor giving an atypical amount of preferential or non-preferential job assignments or favorable or unfavorable considerations to an employee with whom a past personal relationship existed.
++11. A supervisor gives an atypical amount of preferential or non-preferential job assignments or favorable or unfavorable considerations to an employee with whom a past personal relationship existed.
 . Continually asking an employee for dates once that employee has expressed no interest in starting or continuing a personal relationship.
 . Failing to demonstrate positive efforts to get along with a member of the opposite race, sex, religion, or national origin or refusing to work with such persons.
 . Making slurs based on sex, race, religion, national origin, age, physical disabilities, sexual preference, or ethnic background to or about employees.
--11. Posting derogatory graffiti, cartoons, or script on bulletin boards, computer screens, chalkboards, walls, locker rooms, or vehicles or failing to remove or arrange for the removal of such.
++11. Posting derogatory graffiti, cartoons, or scripts on bulletin boards, computer screens, chalkboards, walls, locker rooms, or vehicles or failing to remove or arrange for the removal of such.
 . Telling sexual, racial, ethnic, national origin, religious, sexual preference, age, or handicap jokes or stories.
 . Not patrolling in select neighborhoods of responsible areas.
 . Distribution of Information:
@@ -448,21 +448,21 @@
 . Giving out unauthorized information or information in violation of policy to any person (e.g., news media, attorneys, bondsmen, parents, etc.).
 . Releasing or providing access to administrative or public information and/or documents or records without complying with established administrative procedures or laws governing the release or controlled release of such information.
 . Duty to Know:
--11. Failing to know information in operational manuals, files, and agency directives.
++11. Failing to know the information in operational manuals, files, and agency directives.
 . Establishing a pattern of deviation from directives that is significantly different from the compliance rates of other members.
 . Failing to care for or protect the rights of all offenders when in the staff member's custody or when it is known, or should be known, that such rights are not being observed by others.
 . Gratuities:
--11. Accepting gratuities from any business or person, especially when the giver has, or has the potential of, a personal service to gain from providing the gratuities.
++11. Accepting gratuities from any business or person, especially when the giver has, or has the potential of, personal service to gain from providing the gratuities.
 . Honesty and Lawfulness:
 . Conducting a performance evaluation in a manner that does not comply with policies or the intent of the evaluation process.
 . Covering up or purposefully failing to report damage or loss of equipment.
 . Failing to conduct a professional investigation which results in an innocent person being prosecuted.
--11. Falsifying a job application, activity record, activity report, attendance record, certification record, public document, etc.
--11. Falsifying a sick leave report, workers compensation, or accident claim.
++11. Falsifying a job application, activity record, activity report, attendance record, certification record, a public document, etc.
++11. Falsifying a sick leave report, workers' compensation, or accident claim.
 . Falsifying any report in part or whole.
 . Giving untruthful or misleading statements or partial truths during a legal proceeding, agency investigation, or administrative proceeding.
 . Making untruthful or misleading statements or partial truths about any employee, supervisor, or their operations.
--11. Providing citizens with misleading or false information to avoid performance of duties or delivery of an expected service.
++11. Providing citizens with misleading or false information to avoid performance of duties or delivery of expected service.
 . Intentionally claiming higher than appropriate damage to property on an official report to boost higher insurance payments.
 . Requesting others to change or withdraw a report or notice, or causing the delay of any official communications.
 . Committing an unlawful search, seizure, or detention of another person or person's property.
@@ -495,20 +495,20 @@
 . Attempting to coerce, influence, or manipulate other persons.
 . Failing to keep a superior officer in the direct chain of command informed of pertinent information that affects or has the probability of affecting effectiveness, efficiency, or safety.
 . Using abusive language or gestures at, towards, or about a fellow employee. This is particularly serious if the fellow employee is a superior ranking officer and the language or gestures are used in the presence of other employees or made known to other employees or members of the Public.
--11. Failing to seek affirmative ways to establish a working relationship with another employee, or a member of another organization when it is found that such failure resulted in ineffective, inefficient, or unsafe performance of duties and responsibilities.
++11. Failing to seek affirmative ways to establish a working relationship with another employee, or a member of another organization when it is found that such failure resulted in the ineffective, inefficient, or unsafe performance of duties and responsibilities.
 . Refusing to turn over a scene, investigation, or incident to another agency that has greater or more appropriate jurisdiction.
--11. Refusing to turn over care of an injured victim to certified emergency medical personnel when no substantial evidence exists to doubt the personnel's ability to handle the victim competently.
--11. Threatening, intimidating, coercing or interfering with the work performance of another.
++11. Refusing to turn over the care of an injured victim to certified emergency medical personnel when no substantial evidence exists to doubt the personnel's ability to handle the victim competently.
++11. Threatening, intimidating, coercing, or interfering with the work performance of another.
 . A supervisor discussing a private conversation with another individual who has no business necessity to know about the conversation (the supervisor is required to inform the employee whether or not the conversation will be relayed to other parties as well as the business necessity for such action).
--11. Criticisms directed at the employee and not the employee's performance or performance results.
++11. Criticisms that are directed at the employee and not the employee's performance or performance results.
 . Failing to find a private place to speak with an employee about performance problems or criticizing the employee or the employee's performance in front of others who have no need to know about the problems.
 . Gossiping or condoning the continuation of gossip by others about another.
 . Having a problem with and not dealing directly with a subordinate, using another person to convey dissatisfaction with the subordinate's performance.
--11. Supervisor consistently admonishes the subordinate without full knowledge of the situation or circumstances of the situation or problem.
++11. A supervisor consistently admonishes the subordinate without full knowledge of the situation or circumstances of the situation or problem.
 . Using group meetings to criticize other members (this does not prohibit discussing important information of a performance nature when others at the meeting need to know the information to perform their jobs).
 . Interfering With Official Business:
 . Attempting to coerce, influence, or manipulate other persons.
--11. Engaging in an illegal work slow-down, sit-down, or strike.
++11. Engaging in illegal work slow-downs, sit-downs, or strikes.
 . Acting or behaving in such a manner that it unnecessarily disrupts the employee's own performance or the performances of other employees.
 . Performance of Duty:
 . Having to be repeatedly told how to do routine tasks of a job.
@@ -517,7 +517,7 @@
 . Failure to report for duty in full uniform.
 . Consistent failure to pass required qualifying exams or tests within the established time periods (e.g., firearms, emergency medical, knowledge of policies or procedures, or certification examinations).
 . Consistently taking work breaks at times when it fails to promote the most effective and efficient flow of work going on at the time.
--11. Failing to conduct a performance evaluation according to procedure.
++11. Failing to conduct a performance evaluation according to established procedure.
 . Failing to demonstrate competent performance results on any assigned or assumed duty or task after receiving appropriate training or comparable experience.
 . Not being equipped with proper tools, forms, or equipment to perform expected job duties and tasks when such items are available.
 . Repeated failure to complete reports when necessary information is available, after receiving notice to correct.
@@ -532,11 +532,11 @@
 . Consistently taking a longer than normal time on a task or job assignment.
 . Failing to commence productive work at the beginning of the shift or stopping productive work prior to the end of the shift.
 . Failing to immediately resume normal duties (e.g., continuing to hang around for an additional period of time) after completing a call, normal break, or other assigned detail.
--11. Employee consistently fails to self-initiate work during time not committed to demanded tasks.
++11. An employee consistently fails to self-initiate work during work time not committed to demanded tasks.
 . Parking or hiding in out-of-the-way locations from the eyes of the public when not on declared surveillance (declared surveillance means the surveillance was prearranged with the supervisor or dispatch has been notified).
 . Spending an atypical amount of time on specific tasks, leaving other tasks for others to do.
 . Consistently performing substandard work or performing below expectations.
--11. Behaving in a manner that would lead a reasonable person to suspect that the employee's mental ability, attitude, or demeanor were atypical (e.g., hostile or offensive behavior, profuse anger beyond normal agitation).
++11. Behaving in a manner that would lead a reasonable person to suspect that the employee's mental ability, attitude, or demeanor was atypical (e.g., hostile or offensive behavior, profuse anger beyond normal agitation).
 . Excessively using leave time due to illness or injury is direct evidence of the employee's unreadiness to assume the duties, tasks, and performances of the job.
 . Failing to self-initiate an immediate and appropriate response in an emergency situation where another comparably trained employee with similar job responsibilities would self-initiate an immediate response without waiting to be told to do so by a supervisor, co-worker, or dispatcher.
 . Responding to a request for assistance and then not seeking ways to provide such assistance (e.g., taking the long way to a scene, arriving at a scene and then standing around waiting to be told what to do, appearing to join in on a group work effort and then letting others do the work, etc.).
@@ -543,10 +543,10 @@
 . Failure to participate as backup for another employee.
 . Repeated dependence on another employee to take the lead in potentially injurious or dangerous situations.
 . The failure to respond when a request for backup is made by another employee, particularly if the failure was due to an unauthorized absence from duty or being out of an assigned work area.
--11. Through lack of self-preparation, failing to know enough about what is going on to do a job efficiently or effectively or causing others to be inefficient or ineffective in the performance of duties.
++11. Through lack of self-preparation, failing to know enough about what is going on to do a job efficiently or effectively, or causing others to be inefficient or ineffective in the performance of duties.
 . Unauthorized absences.
 . Consistently scheduled personal appointments that coincide with scheduled duty time.
--11. Failing to attend a scheduled training course or being absent for any period of time from a scheduled training course without direct approval from appropriate authority.
++11. Failing to attend a scheduled training course or being absent for any period of time from a scheduled training course without direct approval from the appropriate authority.
 . Time lost because of reporting to duty unfit or not ready for duty. This includes physical or mental fitness and the failure to bring or wear necessary equipment or uniform.
 . Time lost doing re-work because such work was not completed properly the first time.
 . Time lost sleeping, loafing, or watching television during restricted times on the job.
@@ -562,7 +562,7 @@
 . Purchasing from or for an offender or giving or accepting gifts from or for an offender.
 . Working for an individual or establishment that has a community or known reputation for violence, crime, vice, illegal drug trafficking, etc.
 . Spending time with an offender when not demanded so by work assignment or duties.
--11. Having an in-depth discussion with an offender that is not work related.
++11. Having an in-depth discussion with an offender that is not work-related.
 . Public Image:
 . Causing a scene in a restaurant or other public location.
 . Consistent complaints from the employee's neighbors concerning the employee's behavior as it relates to violations of law.
@@ -585,10 +585,10 @@
 . Safety and Security:
 . Allowing untrained or inexperienced employees or civilians to use equipment that has the potential of being damaged or injuring any person.
 . Being assigned to assist as backup and habitually failing to be able to provide support or assistance.
--11. Failing to keep aware of events and circumstances ongoing during the shift that have reasonable expectation of causing a safety concern for others or self.
++11. Failing to keep aware of events and circumstances ongoing during the shift that have a reasonable expectation of causing a safety concern for others or self.
 . Continuing a chase for a minor violation once a license number and driver identification are known while substantial evidence exists to indicate the person can be apprehended later with less public endangerment.
 . Failing or refusing to wear a seat belt properly.
--11. Failing to drive defensively; resulting in a chargeable motor vehicle accident, in nearly causing a motor vehicle accident, or in the WCSO receiving a substantiated complaint.
++11. Failing to drive defensively resulting in a chargeable motor vehicle accident, in nearly causing a motor vehicle accident, or in the WCSO receiving a substantiated complaint.
 . Failing to notify dispatch of a location, particularly on a traffic stop or encounter with a suspicious person.
 . Failing to provide known information or withholding information that results in another person being injured or subject to an unnecessary safety or health risk.
 . Failing to report damaged or dysfunctional equipment that has the probability of endangering self or others.
@@ -608,7 +608,7 @@
 . Failing to report damaged or dysfunctional WCSO equipment.
 . Leaving an agency vehicle running and unsecured.
 . Misuse of radio by transmitting slang or other non-official communications.
--11. Private use of WCSO equipment without approval of an appropriate supervisory person.
++11. Private use of WCSO equipment without the approval of an appropriate supervisory person.
 . Using WCSO equipment or property in an unauthorized manner.
 . Use of another's equipment without gaining their prior approval.
 . Workplace Violence: