Bernalillo County Fire Department Code of Conduct PDF

**PURPOSE** To establish the Code of Conduct for all members of the Department so they will be informed and perform their duties to the very best of their abilities and in a manner that is efficient, cost-effective, and meets the needs of the public. **POLICY** It is the policy of the Bernalillo...

**PURPOSE** To establish the Code of Conduct for all members of the Department so they will be informed and perform their duties to the very best of their abilities and in a manner that is efficient, cost-effective, and meets the needs of the public. **POLICY** It is the policy of the Bernalillo County Fire Department that all members shall conduct their behavior in a manner that serves the public interest and trust while avoiding actions and situations that would reflect negatively on themselves, the Department, or the County. This Department Code of Conduct is not intended to replace or supersede any Bernalillo County Code of Conduct or the Code of Conduct Ordinance. Compliance with this Code of Conduct will not excuse an employee for violations of any Bernalillo County Code of Conduct. Similarly, compliance with any Bernalillo County Code will not excuse any employee for violation of this Department Code. It is the responsibility of each employee to be aware of any Bernalillo County Code of Conduct. Employees may direct questions about any Bernalillo County Code of Conduct to the Bernalillo County Compliance Office and may find copies of those codes on the County's public website at. **PROCEDURE** Members shall not commit any acts or omit any acts which constitute a violation of policies and procedures, directives, memorandums, IAFF Local 244 CBA, written or verbal orders of the Department, applicable County policies, rules and regulations, local ordinances and State and Federal Laws. I. **JOB PERFORMANCE** A. Officers and supervisors shall set an example for other members and have a responsibility to ensure that their activities and decisions pertaining to community services, personnel actions, and the management of public funds are consistent with the Department's policies and practices. B. Employees shall comply with and enforce all County and Department policies and procedures, Standard Operating Guidelines, Operational and Administrative Memorandums, and Directives issued. C. Members shall maintain sufficient competency to properly perform their duties and assume the responsibilities of their positions as defined in job descriptions. Unsatisfactory performance may be demonstrated by: 1. The failure to conform to work standards established for the member's rank, grade, or position. 2. The failure to take appropriate action on a condition deserving attention. 3. Repeated evaluations demonstrating a need for improvement. 4. A written record of repeated infractions of applicable collective bargaining agreements, rules and regulations, policies and procedures, directives, memoranda, or orders of the Department. II. **CONDUCT UNBECOMING** A. Conduct unbecoming an employee is defined as any conduct that reflects negatively on the employee or the Department while on or off duty. Employees shall hold themselves to a higher standard of professionalism on or off duty and not involve themselves in any activities that conflict with Department regulations, policies and procedures or Federal, state or local laws and regulations. 1. Conduct unbecoming includes behavior, while on or off duty, which tends to: a. Impair public respect b. Brings the Department into disrepute c. Reflects discredit upon the employee as a member of the Department d. Impairs the operation or efficiency of the Department or member 2. The following ~~activities~~ are prohibited by members on duty: a. Gambling, lewd or indecent activity, or use of alcohol or prescription medications not prescribed to the member, or any unlawful behavior. b. Use of department supplies, tools, and materials to repair personal vehicles or property. The use of department property for personal use/personal gain. c. Alteration or modification of vehicles, apparatus, building, computers, or items of equipment owned or operated by the Department without the Fire Chief's authorization. d. Any conduct which violates the Departmental policies, procedures, guidelines or any law, statute, regulation, or ordinance. e. Lying and/or falsification of any statement, report or document, whether the statement, report or document is formal or informal. III. **ILLEGAL ACTIVITY** A. Illegal activity is any activity, which is prohibited by Federal, state or local laws or regulations as well as any other law governing the conduct of public employees (this includes being arrested or convicted). 1. Employees will immediately notify the Fire Chief if investigated, arrested, booked or charged for any illegal activity by any law enforcement agency. a. Written notification must be made no later than twenty-four (24) hours from the date of the arrest, charging, booking. 2. Employees will be required to keep the Department informed of any civil or criminal proceedings, including but not limited to, additional charges, changes in charges, court appearances and final disposition (or equivalent documents) immediately upon being notified themselves. 3. Any employee found guilty of, or pleading guilty or nolo contendere to, a felony in a state or federal court will immediately, upon conviction or entering such a plea, vacate and forfeit employment or be terminated. 4. The Fire Department may proceed with an independent Department investigation while charges are pending adjudication and take appropriate discipline if the investigation produces a preponderance of evidence that the employee engaged in illegal activity or violation of Department Policy. a. In the event the department proceeds with any disciplinary action less than termination and the employee is subsequently found guilty of, pleads guilty to or enters a nolo contendere plea to a felony, the employee will forfeit employment. IV. **AVAILABILITY FOR DUTY** A. Members shall not be absent from duty unless their leave has been approved. B. Members shall report for duty at the appointed time and place required by assignment, orders, or judicial notice and be fully equipped, fit, and able to perform assignments. C. Employees will not willfully fail to carry out their assigned duties, nor willfully misrepresent actual work performed, hours worked, or whereabouts while on duty. D. Members shall be properly equipped and cognizant of information required for the proper performance of duty so that they may immediately assume their duties. E. Employees who are on "Standby" shall not be under the influence of a controlled substance or consume any intoxicating beverage that may impair their ability to perform the functions of their position in the event they are required to report for duty. V. **NEGLECT OF DUTY** A. Members shall not engage in any activities or personal business that could cause them to neglect their duties or to be inattentive to duty. B. Employees will devote full time, attention, and effort towards their assigned duties during working hours and will fulfill the duties of their assignment to the best of their abilities in accordance with the departmental policies and procedures. C. Members shall not leave their assigned duty posts, district, or area without authorization. D. A member shall not refuse to perform a duty or an assigned task unless it is unsafe or unlawful to do so. VI. **HEALTH, SAFETY AND SECURITY** A. Employees shall not deceive or attempt to deceive any official of the Department or the County of Bernalillo as to the condition of their health. B. Employees will not bring weapons or ammunition or any other dangerous instruments into any fire department facility, building or into any surrounding grounds or parking areas. Committing any of these acts is grounds for dismissal. C. Employees are required to maintain current contact information, including a correct address, working phone number, and emergency contact information in the department scheduling software as well as on file with the County of Bernalillo Human Resources Department at all times during employment. 1. Any changes to your personal or emergency contact information shall be updated with the department and with County HR within two weeks of the change. VII. **INTIMATE RELATIONSHIPS** A. Intimate relationships (i.e. marriage, dating, living together, and sexual relations) between a member and any other member assigned to supervise or mentor the performance of that member (e.g. supervisors, trainers) is prohibited. B. Members in intimate relationships with other members of the department shall not be allowed to work on the same shift or on occasions of additional shifts shall not be allowed to work in the same region as their significant other. C. If a prohibited intimate relationship develops, one or both of the members shall advise the Chief and seek a transfer to another shift or region. The Department shall attempt to accommodate such requests. VIII. **ABUSE OF POSITION** A. Members shall not coercively use their official position, official identification cards, or badges: 1. For personal or financial gain; 2. For obtaining privileges not otherwise available to the general public. 3. For avoiding consequences of illegal acts. B. Members shall not lend to another person their identification cards or badges or permit them to be photographed or reproduced. C. Members shall not authorize the use of their names, photographs, or official titles which identify them as members in connection with testimonials, political endorsements, or advertisements of any commodity or commercial enterprise without the prior written approval of the Fire Chief. IX. **POLITICAL ACTIVITY** A. Members shall not use their official capacity to influence, interfere with, or affect the results of a political campaign or an election. B. Members are prohibited from engaging in any political activity while on-duty or while in uniform. C. Members shall follow rules as stipulated in IAFF Local 244 CBA article 27, and/or County Rules and Regulations. X. **CONFLICT OF INTEREST** A. Members shall ensure that personal interests do not come in conflict with official duties and shall avoid both actual conflicts of interest and the appearance of conflicts of interest when dealing with vendors and other individuals doing business or seeking to do business with the Department. B. Members shall ensure that all Department resources, including funds, equipment, vehicles, and other property, are used in strict compliance with County and Department policies and solely for the benefit of the County and Department. XI. **GIFTS, GRATUITIES, BRIBES, OR REWARDS** A. Members shall not solicit or accept from any person, business, or organization any gift (including money, tangible or intangible personal property, food, beverage, loan, promise, service, or entertainment) for the benefit of members or the Department if it may reasonably be inferred that the person, business, or organization: 1. Seeks to influence action of any official nature or seeks to affect the performance or non-performance of an official duty, or 2. Has an interest, which may substantially affect directly or indirectly, the performance or non-performance of an official duty. B. Members shall not accept any reward from the public for services rendered. C. Members shall not accept any bribes. XII. **ENDORSEMENTS AND REFERRALS** A. Members, while acting in an official capacity, shall not recommend or suggest in any nature the employment or procurement of a particular product, professional service, or commercial service (such as an attorney, towing service, bondsman, mortician, etc.). B. In situations involving towing services, when such services are necessary and the person needing the services is unable or unwilling to procure such services or requests assistance, members shall contact the Communications Center for assistance by a Sheriff's Deputy. XIII. **TRUTHFULNESS** A. Members shall truthfully answer all questions related to the scope of their employment and operations of the Department. B. Members shall not make false reports concerning any Department business or the personal character or conduct of any member. C. Members are required to speak the truth at all times, whether or not under oath, in giving testimony, in connection with official orders, and in connection with official duties which may be asked of them by another member or investigating officer. D. Being untruthful to a superior officer, being untruthful during an internal investigation or falsification of a document shall be grounds for dismissal. XIV. **EXECUTING OFFICIAL DOCUMENTS** A. Members, when signing official documents or reports, shall do so in a legible manner or shall print their name legibly next to their signature. B. Digital signatures shall constitute as official signatures on some documents as appropriate. C. All requests for information will be forwarded to the appropriate division or the requesting personnel should be directed to contact fire headquarters during business hours. XV. **COURTESY** A. You are a professional and are expected to conduct yourself as one. Not only do you represent yourself, but the department as well. B. While on duty, all officers shall be referred to by their appropriate rank. C. Members shall conduct all dealings with the public, county employees, and other organizations in a manner that presents a courteous, professional, and service-oriented image of the Department. D. Members shall exhibit courtesy and respect to all officers and acting officers. E. Address all civilians as sir or ma'am. F. Members shall be tactful in the performance of their duties, shall control their tempers, exercise the utmost patience and discretion, and shall not engage in horseplay or disrespectful conduct while on duty. G. Members are required to give their name and rank whenever requested by a member of the public. H. Should a member have a complaint against another member or a private citizen, the member shall forward the complaint in writing to their immediate supervisor. I. Supervisors shall exhibit courtesy and respect to their subordinates and shall treat all members in a fair and impartial manner. J. On-duty members shall not use boisterous, coarse, violent, profane, or insolent language or gestures and shall not express any prejudice concerning race, religion, gender, disability, veteran status, political affiliation, national origin, lifestyle, or similar personal characteristics. K. While out in district, and children are present, ask the Officer if you can show the apparatus to the children and do so in a safe manner. L. Invite civilians to the fire station for an extended tour. XVI. **REQUESTS FOR ASSISTANCE** A. When any person requests assistance or advice or makes complaints or reports, either by telephone or in person, all pertinent information shall be obtained in an official and courteous manner by the member and shall be turned over to the member's immediate supervisor and forwarded to administration. XVII. **PUBLIC STATEMENTS AND APPEARANCES** A. Members shall not make statements concerning the County, officials of the County, the Department, its policies, or its members verbally, written, or other form of expression where such expression is an intentional untrue statement of fact, is obscene, unlawful, undermines the effectiveness of the County or the Department, interferes with the maintenance of discipline, or is made with careless disregard for truth. B. Members shall not make public statements or public appearances or any other matter for the purposes of representing the Department without first obtaining authorization from the Chief or Chief's designee. This position includes, but is not limited to, addressing public gatherings, appearing on radio or television, preparing articles for publication, acting as correspondents to newspapers or periodicals, and releasing or divulging investigative information. REVIEW/REVISED **[2/28/17]** - Reformatted and corrected Section II A, B - Added A, E, K, L under XIII. **[5/8/18]** - Procedures, added IAFF Local 244 CBA - II.B.5. added statement X2 - V.A. added sexual relations - VII added section C - XIV.A. changed follow up to forwarded and changed management to administration - XV.B. Added Chiefs Designee **[12/18/18]** - Policy; corrected the mistaken double posting of the Procedures on the last revision. Replaced with the county legal approved statement. - III\. Replaced mistaken duplication of conduct unbecoming verbiage with correct verbiage. **[10/8/19]** - I.B New statement addressing adherence and enforcement of all County and Department policies, SOG's, Memos, and Directives. - II\. A. new statement to align with county policies - II\. A. 2. deleted "activities" from sentence - III New section added to provide guidance on requirements when a person is possibly involved in illegal activity. - IV\. C new statement to address willful misconduct - IV\. E new statement to address readiness while on Standby status. - V.B new statement to further define neglect of duty. - VI added section to address Health, Safety, and Security - XIV\. C new statement to address persons requesting information.