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Wiki source code of AB 05 Standards of Conduct

Version 3.1 by Ryan Larkin on 2021/11/10 17:08
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Ryan Larkin 1.1 1 **Washington County Sheriff's Office**
2
3 **ADMINISTRATIVE DIVISION**
4
5 Policy Manual
6
7
8 Volume: AB
9
10 Employees Management
11
12 Chapter: 05
13
14 Standards of Conduct
15
16
17 Replaces and/or Supersedes:
18
19 AB 05 11/23/2011
20
21 Published:
22
23 05/01/2013
24
25 Review Date:
26
Ryan Larkin 3.1 27 11/10/2021
Ryan Larkin 1.1 28
29
30 Sheriff Cory C. Pulsipher
31
Ryan Larkin 3.1 32 Undersheriff Nate Brooksby
Ryan Larkin 1.1 33
34
35 __**TABLE OF CONTENTS**__
36
37 AB 05_101 Definitions
38
39 AB 05_102 References
40
41 AB 05_103 General
42
43 AB 05_104 Abuse of Position
44
45 AB 05_105 Conflict of Interest
46
47 AB 05_106 Discrimination and Harassment
48
49 AB 05_107 Distribution of Information
50
51 AB 05_108 Duty to Know
52
53 AB 05_109 Gratuities
54
55 AB 05_110 Honesty and Lawfulness
56
57 AB 05_111 Impairment
58
59 AB 05_112 Information Technology
60
61 AB 05_113 Insubordination
62
63 AB 05_114 Interaction & Communication
64
65 AB 05_115 Interfering With Official Business
66
67 AB 05_116 Performance of Duty
68
69 AB 05_117 Personal Responsibility
70
71 AB 05_118 Political Activity
72
73 AB 05_119 Prohibited Association
74
75 AB 05_120 Public Image
76
77 AB 05_121 Public Relations
78
79 AB 05_122 Purchases
80
81 AB 05_123 Safety and Security
82
83 AB 05_124 Smoking
84
85 AB 05_125 Use and Care of Property and Equipment
86
87 AB 05_126 Workplace Violence
88
89 AB 05_127 Violation Examples
90
91
92 **AB 05_101 __DEFINITIONS__**
93
94 1. WCSO: Washington County Sheriff's Office
95 1. PCF: Purgatory Correctional Facility
96 1. GRAMA: Government Records Access and Management Act
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 1. Offender: A person that is an arrestee, an inmate, a probationer, a parolee, or a notorious repeat arrestee even if not currently incarcerated.
Ryan Larkin 2.1 99 1. (% style="font-weight:normal" %)Speech: Any communication, whether verbal, written, or electronic made by or on behalf of an individual.
Ryan Larkin 1.1 100
101 **AB 05_102 __REFERENCES__**
102
103 1. Utah Counties Insurance Pool: ML-IV.A.9.
104 1. Utah Sheriff's Association Jail Standards:
105 11. B01.03.02: Provide Employees with a Code of Conduct
106 11. B04.01.01: Policies and Procedures Governing Staff Training Required
107 11. N03.01.01: Written Sexual Harassment Policies and Procedures Required
108 11. N03.01.02: Content
109 11. N03.02.01: Sexual Harassment Prohibited
110
111 **AB 05_103 __GENERAL__**
112
113 1. Policy:
114 11. The WCSO shall provide written standards of conduct to regulate employee behavior and actions.
Ryan Larkin 2.4 115 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]].
Ryan Larkin 1.1 116 1. Rationale:
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
119 **AB 05_104 __ABUSE OF POSITION__**
120
121 1. Policy:
122 11. Employees shall not use their positions to illegally, improperly, or unethically gain special privilege;
123 1. Rationale:
124 11. Abuse of position to gain special privilege, even if not a violation of law, may undermine public confidence and trust.
125
126 **AB 05_105 __CONFLICT OF INTEREST__**
127
128 1. Policy:
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:
130 111. Unauthorized disclosure of confidential information;
131 111. Improper acceptance of gifts or gratuities;
Ryan Larkin 3.1 132 111. Unauthorized secondary employment (reference policy: [[AB 03 Secondary Employment>>AB 03 Secondary Employment]]);
133 111. Unlawful business interests; and
Ryan Larkin 1.1 134 111. Coercion or encouragement of others to violate provisions of this policy.
135 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.
136 1. Rationale:
137 11. Employees are officials of government and as such must avoid even the appearance of conflicts of interest to safeguard public confidence. Engaging in conduct which involves a conflict of interest may undermine public confidence and trust.
138 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.
139 11. Employees may not always be able to determine whether actions create a conflict of interest.
140
141 **AB 05_106 __DISCRIMINATION AND HARASSMENT__**
142
143 1. Policy:
144 11. Current Washington County policies and procedures shall be followed.
145 11. Employees shall not engage in discrimination or harassment (including behaviors that could reasonably be construed or perceived by another as hostile, offensive, or intimidating) based on race, color, national origin, religion, qualified disability, gender, genetic information, or age as protected by law.
146 1. Rationale:
147 11. Discrimination by employees must be prohibited to:
148 111. Ensure fundamental fairness and equal protection under the law;
149 111. Avoid loss of public confidence; and
150 111. Comply with federal, state, and local laws and regulations.
151 11. It is not the intent to encroach on free speech or to enforce or advocate so-called "political correctness." The intent is to protect the rights of others.
152 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.
153 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.
154
155 **AB 05_107 __DISTRIBUTION OF INFORMATION__**
156
157 1. Policy:
158 11. Without authorization via policy, official WCSO assignment, or approval from the Sheriff, employees shall not:
159 111. Discuss or distribute information obtained from another employee's personnel file or any other confidential information pertaining to another WCSO employee;
160 111. Distribute or post any written or printed material inside PCF; or
161 111. 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.
Ryan Larkin 1.2 162 1. Rationale:
Ryan Larkin 1.1 163 11. The unauthorized discussion or distribution of private information may subject the individuals involved and the WCSO to criminal and civil liability.
164
165 **AB 05_108 __DUTY TO KNOW__**
166
167 1. Policy:
168 11. Employees shall display an affirmative and consistent effort to observe and comply with the directives, rules, policies, procedures, practices, and traditions established for the effective, efficient, and safe operations of the WCSO. This applies to policies, procedures, and practices that are written as well as those established by acceptable past patterns or practices.
169 1. Rationale:
170 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.
171
172 **AB 05_109 __GRATUITIES__**
173
174 1. Policy:
175 11. Employees may accept gifts and gratuities from the private sector and others outside the WCSO as long as:
176 111. The cash value of such gifts does not exceed the limits set by state statute or county ordinances or regulations; and
177 111. The gift or gratuity is traditional, customary, or generally provided by the outside party (e.g., logo pens, calendars, note pads, date books, and other such items of modest value); or
178 111. The gift or gratuity is an award publicly presented in recognition of public service.
179 1. Rationale:
180 11. Acceptance of excessive gifts or gratuities may undermine public confidence and trust.
181
182 **AB 05_110 __HONESTY AND LAWFULNESS__**
183
184 1. Policy:
185 11. Employees shall conduct themselves in an honest and lawful manner on and off duty.
186 11. Employees, while on or off duty, shall obey the Constitutional, criminal, civil, and all other applicable laws of the government.
187 11. While on duty, employees shall be rigorously honest in all dealings except when performance of duty requires otherwise.
188 11. 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.
189 11. 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.
190 11. During internal investigations, employees must cooperate fully and with complete honesty. Failure to answer questions, other obstruction, or dishonesty may result in termination.
191 11. During internal investigations, employees who fail to answer questions or who answer questions untruthfully after being given immunity from criminal prosecution shall be terminated.
192 11. Employees shall not knowingly or intentionally:
193 111. Falsify any official report or enter or cause to be entered any inaccurate, false, or misleading information in any log, book, record, or register;
194 111. Prepare, sign, or submit a false report, statement, or affidavit; or
195 111. Modify a document to alter correct and accurate information.
196 11. Employees may edit or correct an inaccurate or incomplete document to make it accurate or complete.
197 11. A superior officer may order a subordinate to edit or otherwise modify a document if in the judgment of the superior officer the original information is inaccurate, incomplete, or misleading.
198 1. Rationale:
199 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.
200 11. It is not the intent to prohibit the use of inaccurate, false, or misleading information when necessary in the performance of duty.
201
202 **AB 05_111 __IMPAIRMENT__**
203
204 1. Policy:
205 11. Current Washington County policies and procedures shall be followed.
206 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.
207 11. 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.
208 11. 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.
209 11. 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.
210 11. 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.
211 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.
212 11. An impaired employee shall not be allowed to drive and may be provided a ride home if they cannot arrange for their own ride.
213 1. Rationale:
214 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.
215
216 **AB 05_112 __INFORMATION TECHNOLOGY__**
217
218 1. Policy:
219 11. Current Washington County policies and procedures shall be followed.
220
221 **AB 05_113 __INSUBORDINATION__**
222
223 1. Policy:
224 11. Employees shall observe, obey, and subordinate their personal preferences to the lawful verbal and written rules, duties, policies, procedures, and practices of the WCSO. Lawful and reasonable directions, instructions, and orders of a superior officer shall be obeyed. Direct, tacit, or constructive refusal to do so is insubordination.
225 11. Employees shall not incite, induce, or encourage other members to be insubordinate. Inciting, inducing, or encouraging insubordination shall be regarded as insubordination.
226 11. When disagreements between a supervisor and an employee occur over lawful orders or directives, the supervisor has the right to expect the employee to follow the accepted labor principle of "obey now and grieve later."
227 11. Employees may challenge and, if necessary, disobey unlawful, senseless, arbitrary, capricious, or clearly unreasonable commands or directives in order to avoid:
228 111. Violating clearly established law; or
229 111. A serious risk to safety or security.
230 11. It shall not be insubordination to respectfully:
231 111. Ask for clarification;
232 111. Call attention to a possible conflict with laws, ordinances, or established policy;
233 111. Recommend an alternate approach; or
234 111. Refuse to answer a question which could be incriminating, unless the employee is assured that any information obtained may not later be used in a criminal prosecution (reference section: HONESTY AND LAWFULNESS)
235 11. It shall be considered insubordination to:
236 111. Refuse to answer a job-related question from a superior officer; or
237 111. Respond to questions with false, dishonest, deceptive, or misleading answers.
238 1. Rationale:
239 11. Willful or intentional disregard of lawful and reasonable directions, instructions, or orders may undermine the order, discipline, security, and safety of the WCSO.
240 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.
241
242 **AB 05_114 __INTERACTION AND COMMUNICATION__**
243
244 1. Policy:
245 11. Employees shall not engage in speech that violates privacy statutes of the State.
246 11. Employees shall not publicly ridicule the administration or other members of the WCSO.
247 11. Employees shall not utter slander or create/publish libel regarding the administration or employees of the WCSO or officials of Washington County.
248 11. While on duty, employees shall display courtesy and respect in words, deeds, gestures, and actions towards superior officers, subordinates, co-workers, and the general public.
249 11. Criticisms by a supervisor of an employee or an employee's performance shall be made directly to the subordinate and, when possible, in a private setting.
250 11. Legitimate avenues (as in section: AB 05_114.B.2) shall be available to employees to report any policies, practices, or actions which they believe:
251 111. Are unlawful;
252 111. Result in mismanagement or waste of budget resources; or
253 111. Are otherwise contrary to the welfare or interests of the WCSO.
Ryan Larkin 2.1 254 11. (((
255 (% style="margin-bottom: 0in; font-style: normal" %)
256 (% 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:
257
258 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.
259 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.
Ryan Larkin 2.2 260 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.
Ryan Larkin 2.1 261 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.
262 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.
263 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).
264 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.
265 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).
266 )))
Ryan Larkin 1.1 267 1. Rationale:
268 11. It is essential to effective management to maintain public confidence and employee morale through proper interaction and communication.
269 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.
270 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.
271 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.
272
273 **AB 05_115 __INTERFERING WITH OFFICIAL BUSINESS__**
274
275 1. Policy:
276 11. Employees shall not engage in any conduct which interferes with official business of the WCSO.
277 1. Rationale:
278 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.
279
280 **AB 05_116 __PERFORMANCE OF DUTY__**
281
282 1. Policy:
283 11. Employees shall:
284 111. Display competent performance and consistently achieve competent performance results on assigned or assumed job responsibilities, duties, and tasks. The focus shall be on the performance results or outcome; not on the individual's characteristics. Employees shall perform duties competently and as required by supervisors and WCSO policies and procedures;
285 111. Give a full day's work for a full day's pay and not establish patterns of nonproductive work time.
286 111. Report to work and while working remain mentally, physically, and emotionally ready to assume and competently perform all their responsibilities;
287 111. Seek affirmative ways to cooperate and work with other employees, other public officials, and members of any organization with whom the employees or the WCSO needs to have a good working relationship in order to deliver lawful, effective, efficient, and safe services;
288 111. In the line of duty, come to the aid of another employee when a request or need is made known; and
289 111. Complete all mandatory training.
290 11. Supervisors shall supervise in a clear, confident, and competent manner.
291 11. Employees shall not:
292 111. Sleep on duty;
293 111. Bring discredit on the WCSO or its members by being negligent in the performance of duties;
294 111. Establish unapproved patterns of absenteeism; or
295 111. Knowingly fail to properly perform a duty imposed by law or regulation or which is clearly inherent in an assignment.
296 1. Rationale:
297 11. Each policy and procedure of the WCSO has been established to further the legitimate interests of the WCSO. Failure to satisfactorily carry out those requirements may jeopardize the interests of the WCSO and the safety and security of employees, offenders, and the general public.
298 11. Substandard performance may jeopardize citizen liberties and physical safety. When this occurs, the WCSO runs the risk of incurring severe criticism, the loss of public trust, and civil liability.
299 11. Although public safety work is typically reactive in nature, a large portion of self-initiated work time can be spent performing non-reactive work. Self-initiated work periods provide the greatest opportunities to effectively and efficiently deliver services and perform preventive and deterrent services. The concept of a full day's work for a full day's pay does not mean that employees are expected to have identical levels of work from one day to the next. However, an analysis of data on a monthly, quarterly, semiannual, or annual period provides a descriptive picture of the amount and type of work that can be reasonably expected from members who are truly giving a full effort.
300 11. Effective, efficient, and safe public service depends on employees being ready to perform competently at a moment's notice. It is reasonable and logical to assume that employees who are physically and mentally ready to perform will be better performers than those who are not as physically and mentally prepared. Employees who lack the physical and mental capabilities to assume the responsibilities and duties expected of their jobs may create a public safety hazard for themselves as well as others who may depend on their performance.
301 11. The need to work in a cooperative manner with members of other agencies and public officials is self-evident. In today's society, the effective, efficient, and safe delivery of public services requires a coordinated effort of all employees and public service agencies.
302 11. The nature of public safety work frequently requires the support, assistance, and safety of other members. Knowing this support will be rendered in time of need promotes and maintains morale and a sense of well-being among all employees.
303 11. Failure to complete mandatory training could jeopardize the employee's certification status and ability to perform duties.
304 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.
305 11. Knowledge, skill, and attitude are useless if the employee is unable to apply them in a productive manner.
306
307 **AB 05_117 __PERSONAL RESPONSIBILITY__**
308
309 1. Policy:
310 11. Current Washington County policies and procedures shall be followed in regards to garnishments.
311 11. Employees shall not willfully fail to meet their financial obligations and other personal responsibilities.
312 11. Using, threatening, or attempting to use official, political, or other influence to avoid payment of financial obligations is prohibited as major misconduct.
313 1. Rationale:
314 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.
315 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.
316
317 **AB 05_118 __POLITICAL ACTIVITY__**
318
319 1. Policy:
320 11. Current Washington County policies and procedures shall be followed.
321
322 **AB 05_119 __PROHIBITED ASSOCIATION__**
323
324 1. Policy:
325 11. Employees shall interact in a friendly and business-like manner in their dealings with offenders but shall not fraternize or develop personal relationships with offenders. Employees should be brief, polite, and to the point when communicating with offenders and offender family members.
326 11. Employees should refrain from social or business interactions with offenders or offenders' immediate family members.
327 11. Employees shall avoid off duty interaction with offenders or other persons when such relationships would tend to impair the reputation of the employee or the WCSO.
328 11. Employees shall avoid establishments where it is reasonable to believe illegal activities occur, except while in the line of duty.
329 11. It is the duty of each employee who wishes clarification concerning a particular situation to make a written request to their division chief deputy. Exceptions must be approved in writing by the chief deputy. Whenever possible, the inquiry or approval request should be made prior to the interaction in question. If prior inquiry or approval is not possible, the employee shall notify their immediate supervisor as soon as possible.
330 11. Employees shall not:
331 111. Discuss offenders' cases with them except when required as a part of job duties;
332 111. Compromise security as a result of communication or interaction with offenders;
333 111. Become overly and unnecessarily familiar with offenders beyond the extent required to properly perform job requirements;
334 111. Solicit or accept loans, gifts, property, gratuities, or other favors from offenders;
335 111. Loan money or other property to offenders, or grant special favors not authorized by WCSO policy;
336 111. Purchase or bargain for items belonging to offenders; nor shall they sell items to offenders;
337 111. Discuss with an offender the actions of any other employee except when required as a part of job duties or policy;
338 111. Discuss official or personal business with offenders and shall exercise proper caution at all times concerning what is said, to whom it is said, and who can overhear; or
339 111. Be permitted to take offenders out of PCF for any reason except as authorized by policy or PCF administration.
340 11. Other prohibited conduct includes, but is not limited to:
341 111. Sexual or other intimate contacts, discussions, or relationships with offenders;
342 111. An offender or offender's immediate family member living in an employee's personal residence;
343 111. An offender living in any rental property belonging to an employee;
344 111. Any business dealings or arrangements between an employee and an offender or an offender's immediate family.
345 111. Sponsoring an offender for special activities other than PCF sponsored and approved activities (e.g., home visits or outings); and
346 111. Supervising or sponsoring an offender or employing an offender for personal gain or benefit absent prior written authorization from the division chief deputy (e.g., work projects on personal property with or without pay or home visits).
347 1. Rationale:
348 11. Employees of the WCSO are part of the law enforcement/criminal justice system of the State of Utah. Thus, employee conduct and association with others are subject to greater scrutiny.
349 11. If employees associate with offenders or frequent establishments which are hangouts for the criminal element, there is an increased risk that:
350 111. The employee or the legitimate interests of the WCSO may be compromised; and
351 111. Public confidence and trust in the WCSO and its employees may be adversely affected.
352 11. It is not the intention of these rules to unnecessarily interfere with or undermine family relationships, interaction with neighbors, memberships in legitimate social clubs, or other lawful activities.
353 11. These rules are not intended to prevent employees from:
354 111. Legitimate interaction with their own family members who are offenders or ex-offenders;
355 111. Attending church meetings, service club meetings, or other legitimate organizations where offenders or ex-offenders are members or are in attendance;
356 111. Shopping at licensed commercial establishments where an offender or ex-offender is employed;
357 111. Purchasing offender-produced goods at legitimate retail outlets; or
358 111. Other legitimate conduct or interaction which may place them in contact with offenders or ex-offenders.
359 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.
360
361 **AB 05_120 __PUBLIC IMAGE__**
362
363 1. Policy:
364 11. Employees shall conduct themselves on duty and off duty in a manner that does not damage or have the probable expectation, according to a reasonable person, of damaging or bringing the public image, integrity, or reputation of the WCSO into discredit or disrepute.
365 1. Rationale:
366 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.
367
368 **AB 05_121 __PUBLIC RELATIONS__**
369
370 1. Policy:
371 11. Employees shall not publish or otherwise release information in violation of any applicable law, policy; or practice.
372 11. Employees shall receive approval from their division chief deputy prior to representing the WCSO in actions of public speaking or releasing information.
373 1. Rationale:
374 11. 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.
375 11. It is not the intent of this section to:
376 111. Prohibit employees from legitimate and ethical utterances relative to their work experiences; or
377 111. 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.
378
379 **AB 05_122 __PURCHASES__**
380
381 1. Policy:
382 11. Employees shall not incur a liability chargeable against the WCSO without proper authorization.
383 11. When authorized purchases are made, receipts or invoices shall be obtained on each purchase, signed by the employee making the purchase, and turned in to the proper authority in a timely manner.
384 1. Rationale:
385 11. Unauthorized or improper financial transactions may display an appearance of intentional deceit or dishonesty. Such actions could jeopardize public confidence and trust.
386
387 **AB 05_123 __SAFETY AND SECURITY__**
388
389 1. Policy:
390 11. Employees shall not unlawfully behave in a manner that potentially endangers or injures themselves, property, or another person.
391 11. Employees shall not engage in any conduct which jeopardizes the security or safety of the PCF, public, employees, or offenders. The exception to this is when attempting to guard against a greater risk.
392 11. Endangering conduct includes, but is not limited to:
393 111. Improper use of equipment, materials, or supplies in a dangerous or reckless manner;
394 111. Creating or contributing to unsanitary or unsafe conditions;
395 111. Misuse or unauthorized use of official WCSO or PCF identification including (but not limited to) badges, picture identification, or uniform patches; and
396 111. Bringing into or taking from PCF any unauthorized items.
397 1. Rationale:
398 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.
399 11. Ensuring public safety involves protecting the general public, employees, and offenders.
400
401 **AB 05_124 __SMOKING__**
402
403 1. Policy:
404 11. Current Washington County policies and procedures shall be followed.
405
406 **AB 05_125 __USE AND CARE OF PROPERTY AND EQUIPMENT__**
407
408 1. Policy:
409 11. Employees are accountable for the proper use and care of property or equipment assigned to them, used by them, or under their direct care.
410 1. Rationale:
411 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.
412
413 **AB 05_126 __WORKPLACE VIOLENCE__**
414
415 1. Policy:
416 11. Current Washington County policies and procedures shall be followed.
417
418 **AB 05_127 __VIOLATION EXAMPLES__**
419
420 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:
421
422 1. Abuse of Position:
423 11. Using position for entrance into places of amusement, for free meals, drinks, or other gratuities.
424 1. Conflict of Interest:
425 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.
426 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.).
427 11. "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.
428 11. Having a substantial interest in a business that does business with the employing governing body.
429 11. 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.
430 11. 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.
431 11. Substandard performance of work for the WCSO as a result of working a secondary job.
432 11. Providing a secondary employer or employees of a secondary employer with special governmental services or treatment.
433 11. 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.
434 11. Soliciting for any purpose on WCSO premises without proper authorization.
435 11. Supervisors who place themselves in a financial obligation to a subordinate.
436 11. Using information gained from WCSO duties for personal gain.
437 1. Discrimination and Harassment:
438 11. 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.
439 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.
440 11. Continually asking an employee for dates once that employee has expressed no interest in starting or continuing a personal relationship.
441 11. 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.
442 11. Making slurs based on sex, race, religion, national origin, age, physical disabilities, sexual preference, or ethnic background to or about employees.
443 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.
444 11. Telling sexual, racial, ethnic, national origin, religious, sexual preference, age, or handicap jokes or stories.
445 11. Not patrolling in select neighborhoods of responsible areas.
446 1. Distribution of Information:
447 11. The unauthorized and unnecessary divulging of information, communications, or correspondence that identifies or suggests the identification of an investigator, informant, or undercover agent.
448 11. Giving out unauthorized information or information in violation of policy to any person (e.g., news media, attorneys, bondsmen, parents, etc.).
449 11. 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.
450 1. Duty to Know:
451 11. Failing to know information in operational manuals, files, and agency directives.
452 11. Establishing a pattern of deviation from directives that is significantly different from the compliance rates of other members.
453 11. 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.
454 1. Gratuities:
455 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.
456 1. Honesty and Lawfulness:
457 11. Conducting a performance evaluation in a manner that does not comply with policies or the intent of the evaluation process.
458 11. Covering up or purposefully failing to report damage or loss of equipment.
459 11. Failing to conduct a professional investigation which results in an innocent person being prosecuted.
460 11. Falsifying a job application, activity record, activity report, attendance record, certification record, public document, etc.
461 11. Falsifying a sick leave report, workers compensation, or accident claim.
462 11. Falsifying any report in part or whole.
463 11. Giving untruthful or misleading statements or partial truths during a legal proceeding, agency investigation, or administrative proceeding.
464 11. Making untruthful or misleading statements or partial truths about any employee, supervisor, or their operations.
465 11. Providing citizens with misleading or false information to avoid performance of duties or delivery of an expected service.
466 11. Intentionally claiming higher than appropriate damage to property on an official report to boost higher insurance payments.
467 11. Requesting others to change or withdraw a report or notice, or causing the delay of any official communications.
468 11. Committing an unlawful search, seizure, or detention of another person or person's property.
469 11. Committing non-exempted infractions of traffic codes (e.g., driving over the speed limit, failing to observe traffic control devices, parking in unauthorized locations, failing to wear seat belts, etc.).
470 11. Inflicting or inciting punishment or mistreatment (physical or mental) upon a person in custody or detention.
471 11. Using firearms that are unauthorized or using authorized firearms in a manner that is not authorized.
472 11. Using excessive force to hold, effect an apprehension, arrest, or detain any person.
473 11. Using prohibited devices, procedures, tactics, or techniques to effect a holding, apprehension, arrest, or detention of another.
474 11. Non-exempted violations of law.
475 1. Impairment:
476 11. Involvement, either directly or indirectly, in the use, abuse possession, sale, or distribution of any illegal drug, controlled substance, or related paraphernalia.
477 11. The continued taking of a prescribed drug once the medical reason for the drug is no longer valid.
478 1. Information Technology:
479 11. Neglecting duties or assignments due to excessive personal use of the internet.
480 1. Insubordination:
481 11. After being instructed to do so, not addressing a superior-ranked member by his or her title, particularly while in public.
482 11. Being absent without leave (AWOL) for a scheduled reporting time or from an assigned duty.
483 11. Deliberate defiance of management's legitimate exercise of its rights.
484 11. Leaving an assignment or assigned duty area without permission of the supervisor in charge.
485 11. Delaying response or not responding to a call that has a history of false alarms.
486 11. Refusing to perform assigned work duties or tasks for the position being held.
487 11. Refusing to submit to a lawful examination of body fluids or a chemical test when directed to do so by a supervisor.
488 11. Refusing to subordinate personal preferences to a supervisor's lawful directives or work instructions.
489 11. Refusing to work overtime in an emergency situation.
490 11. Repeatedly being unable to be contacted for call-out when given standby notice.
491 11. Not following the chain of command (i.e., going to a member of the administration before going to immediate supervisor). This rule does not apply when the person in the member's chain of command is or may be suspected of violating the employee's civil rights.
492 11. Encouraging, inciting, or aiding others to act in an insubordinate manner.
493 1. Interaction & Communication:
494 11. Losing temper or composure and overreacting to another's verbal comments.
495 11. Attempting to coerce, influence, or manipulate other persons.
496 11. 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.
497 11. 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.
498 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.
499 11. Refusing to turn over a scene, investigation, or incident to another agency that has greater or more appropriate jurisdiction.
500 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.
501 11. Threatening, intimidating, coercing or interfering with the work performance of another.
502 11. 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).
503 11. Criticisms directed at the employee and not the employee's performance or performance results.
504 11. 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.
505 11. Gossiping or condoning the continuation of gossip by others about another.
506 11. Having a problem with and not dealing directly with a subordinate, using another person to convey dissatisfaction with the subordinate's performance.
507 11. Supervisor consistently admonishes the subordinate without full knowledge of the situation or circumstances of the situation or problem.
508 11. 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).
509 1. Interfering With Official Business:
510 11. Attempting to coerce, influence, or manipulate other persons.
511 11. Engaging in an illegal work slow-down, sit-down, or strike.
512 11. Acting or behaving in such a manner that it unnecessarily disrupts the employee's own performance or the performances of other employees.
513 1. Performance of Duty:
514 11. Having to be repeatedly told how to do routine tasks of a job.
515 11. Failure of a supervisor to correct a subordinate's infraction when such infraction is first made known or when the supervisor could have been expected by management to be aware of the problem.
516 11. Accepting or reporting information related to duties as true or factual without taking reasonable steps to verify the correctness and accuracy of the information.
517 11. Failure to report for duty in full uniform.
518 11. 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).
519 11. Consistently taking work breaks at times when it fails to promote the most effective and efficient flow of work going on at the time.
520 11. Failing to conduct a performance evaluation according to procedure.
521 11. Failing to demonstrate competent performance results on any assigned or assumed duty or task after receiving appropriate training or comparable experience.
522 11. Not being equipped with proper tools, forms, or equipment to perform expected job duties and tasks when such items are available.
523 11. Repeated failure to complete reports when necessary information is available, after receiving notice to correct.
524 11. The failure to appear for hearings or trials without good cause and without giving advance notice to the court's liaison officer.
525 11. Even lacking purposeful intent, an employee who consistently fails to respond to calls in a normal and timely manner.
526 11. Failing to achieve consistently a minimum level of typical productivity.
527 11. Unapproved absences beginning or ending with specific shifts or time periods (e.g., preceding holidays, sports events, seasonal events).
528 11. Establishing a pattern of scheduling non-work appointments during busy or critical work times without displaying substantial written evidence that other times could not have been more appropriately arranged.
529 11. Use of leave time at a rate that consistently leaves the employee's leave bank at or near zero (less than 16 hours).
530 11. Establishing a pattern of tardiness.
531 11. An analysis of an employee's work record shows an established pattern of work non-productivity.
532 11. Consistently taking a longer than normal time on a task or job assignment.
533 11. Failing to commence productive work at the beginning of the shift or stopping productive work prior to the end of the shift.
534 11. 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.
535 11. Employee consistently fails to self-initiate work during time not committed to demanded tasks.
536 11. 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).
537 11. Spending an atypical amount of time on specific tasks, leaving other tasks for others to do.
538 11. Consistently performing substandard work or performing below expectations.
539 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).
540 11. 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.
541 11. 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.
542 11. 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 11. Failure to participate as backup for another employee.
544 11. Repeated dependence on another employee to take the lead in potentially injurious or dangerous situations.
545 11. 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.
546 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.
547 11. Unauthorized absences.
548 11. Consistently scheduled personal appointments that coincide with scheduled duty time.
549 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.
550 11. 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.
551 11. Time lost doing re-work because such work was not completed properly the first time.
552 11. Time lost sleeping, loafing, or watching television during restricted times on the job.
553 11. Time spent conducting personal business on work time in excess of personal break times.
554 11. Time spent on an unassigned task without an immediate supervisor's permission.
555 11. Time spent on extended lunch or work breaks.
556 1. Personal Responsibility:
557 11. Repetitive complaints received by the WCSO that the employee is not paying bills or meeting obligations.
558 1. Political Activity:
559 11. Representing a political party while in uniform.
560 11. Soliciting political support while on duty.
561 1. Prohibited Association:
562 11. Purchasing from or for an offender or giving or accepting gifts from or for an offender.
563 11. Working for an individual or establishment that has a community or known reputation for violence, crime, vice, illegal drug trafficking, etc.
564 11. Spending time with an offender when not demanded so by work assignment or duties.
565 11. Having an in-depth discussion with an offender that is not work related.
566 1. Public Image:
567 11. Causing a scene in a restaurant or other public location.
568 11. Consistent complaints from the employee's neighbors concerning the employee's behavior as it relates to violations of law.
569 11. Controversial conduct displayed on or off duty that brings public criticism and causes management or supervisory personnel to spend an atypical amount of time and management cost to investigate or respond to the criticism.
570 11. Failing to identify self, badge, and identification card and number to any member of the public, except when working undercover or when the employee's safety would be endangered.
571 11. Failing to keep equipment clean and in proper order, particularly when such equipment is exposed to public view.
572 11. Failing to present proper grooming, attire, or appearance while on duty or representing the WCSO.
573 11. Failing to speak courteously to members of the public or treat them courteously (e.g., not letting the violator(s) ask questions about points of law or about the nature of the offense).
574 11. Loud and crude language in public when such language has a direct and detrimental impact on public image.
575 11. Using profane or abusive language in public.
576 11. Public criticisms of actions when such actions cause the department to suffer a loss of public trust and when unable to provide substantial evidence that such actions were in the public's best interest.
577 11. Smoking or chewing smokeless tobacco while meeting the general public, particularly while in non-smoking areas, operating or riding in public vehicles, or while giving care to a person.
578 11. Finishing or continuing a personal conversation or personal phone call before assisting the public at the office reception window.
579 11. While in uniform, failing to honor and display respect for customs and traditions of the WCSO or another agency (e.g., failing to salute the flag, failing to remove head gear inside a courtroom, failing to address a judge or public official by proper title, etc.).
580 1. Public Relations:
581 11. The unauthorized and unnecessary divulging of information, communications, or correspondence that identifies or suggests the identification of an investigator, informant, or undercover agent.
582 11. Giving out unauthorized information or information in violation of policy to any person (e.g., news media, attorneys, bondsmen, parents, etc.).
583 1. Purchases:
584 11. Incurring financial liability or obligations for the WCSO without authority or permission to do so.
585 1. Safety and Security:
586 11. Allowing untrained or inexperienced employees or civilians to use equipment that has the potential of being damaged or injuring any person.
587 11. Being assigned to assist as backup and habitually failing to be able to provide support or assistance.
588 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.
589 11. 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.
590 11. Failing or refusing to wear a seat belt properly.
591 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.
592 11. Failing to notify dispatch of a location, particularly on a traffic stop or encounter with a suspicious person.
593 11. Failing to provide known information or withholding information that results in another person being injured or subject to an unnecessary safety or health risk.
594 11. Failing to report damaged or dysfunctional equipment that has the probability of endangering self or others.
595 11. Handling, aiming, firing, unloading, or loading a weapon contrary to established policies or procedures (includes accidental discharges of firearms or drawing weapons on public persons without sufficient cause).
596 11. Horseplay (e.g., the use of equipment for purposes not specifically designed or pranks that create the possibility of injury).
597 11. Leaving security doors open, ajar, or defeating the locking mechanism.
598 11. Leaving a weapon or potential weapon unsecured or improperly stored.
599 11. Making oneself unavailable for duty (e.g., leaving assigned post without notifying immediate supervisor, not answering radio when called, unplugging the telephone to avoid taking a call, consistently taking longer than normal breaks).
600 11. The unauthorized and unnecessary divulging of information, communications, or correspondence that identifies or suggests the identification of an investigator, informant, or undercover agent.
601 11. Unsafe or improper handling of equipment that carries a reasonable risk of endangering persons or property.
602 1. Smoking:
603 11. Smoking while meeting the general public, particularly while in non-smoking areas, operating or riding in public vehicles, or while giving care to a person.
604 1. Use and Care of Property and Equipment:
605 11. Failing to avoid damaging WCSO equipment or property.
606 11. Purposefully damaging WCSO equipment or property.
607 11. Failing to perform routine and regular maintenance on assigned equipment.
608 11. Failing to report damaged or dysfunctional WCSO equipment.
609 11. Leaving an agency vehicle running and unsecured.
610 11. Misuse of radio by transmitting slang or other non-official communications.
611 11. Private use of WCSO equipment without approval of an appropriate supervisory person.
612 11. Using WCSO equipment or property in an unauthorized manner.
613 11. Use of another's equipment without gaining their prior approval.
614 1. Workplace Violence:
615 11. While on duty, throwing objects while in a state of anger or frustration.
616 11. While on duty, making violent verbal or physical attacks on another. Non-violent verbal attacks on another would not be included in this section. Instead, they would be included in section: Interaction & Communication.