Bexar County Sheriff's Office Policy Manual PDF

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number December 1, 2003 July 19, 2024 Five Subject Office Employee Conduct...

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number December 1, 2003 July 19, 2024 Five Subject Office Employee Conduct Sheriff’s Administration References Enclosures Section 703 of Title VII of the Civil Rights Act of 1964 as None Amended; CBA February 8, 2022; BCSO Civil Service Commission September 23, 2019 Distribution Supersedes Reevaluation Date Pages All Sheriff’s Employees April 30, 2014 July 19, 2025 23 Approved by: Javier Salazar, Bexar County Sheriff 5.01 POLICY It shall be the policy of the Bexar County Sheriff’s Office (BCSO) that both sworn and civilian (non -sworn) employees (henceforth referred to as “employees”) shall be subject to all directives, memorandums, orders, and policies and procedures of the BCSO at all times, whether on or off duty, including all periods of absence. Employees will conduct themselves both on and off duty in a manner that reflects high ethical standards consistent with the values and mission of the BCSO as well as the expectations of the community. As such, there is certain conduct that BCSO employees will not engage in whether on or off duty. 5.02 PURPOSE This policy provides guidance and regulation on the conduct of all employees of the BCSO and is designed to promote the efficiency, discipline, and good public relations of every employee, both on and off-duty. 5.03 DEFINITIONS A. ALCOHOLIC BEVERAGE - Alcohol or any beverage containing more than one-half percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. (Texas Alcoholic Beverage Code 1.04) B. BCSO FORM 350-74 - Bexar County Sheriff’s Office Work Status Report for Illness or Non-Job Injury, used when illness or injury is due to a non-job-related condition. C. BCSO FORM 350-75 - Bexar County Incident Report. D. CONFLICT OF INTEREST - A conflict between the private interests and public obligations of a person in an official position or any relationship which may create a substantial risk of impairment of job performance. E. DATING - One or more social meetings between employees under circumstances that may lead to the exchange of personal affection, emotional attachment, sexual or physical intimacy, or a romantic relationship. 1 F. DISCRIMINATION - Any act or omission of an act which would create a hostile work environment or exclude any person from employment or promotional opportunities because of creed, color, national origin, sex, gender identity or gender expression, age, religion, veteran status, disability, or sexual orientation. G. DRUGS - Illegal drugs, prescription drugs not prescribed to the employee by a physician, non - medical inhalants, or marijuana regardless of legality. H. FAMILY RELATIONSHIP - A relationship resulting from family ancestry or marriage; this includes, but is not limited to: spouse; parent (including foster, step and in-law); children (including adoptive, foster, and step); brother or sister (including step and in-law); grandparent or grandchild; aunt or uncle; niece or nephew; or any other relative living in the same household as the employee or other individual related by blood, marriage, or quasi-marriage in the same household as an agency employee. Relative includes the above-listed relationships, as well as a significant other or domestic partner. I. HOSTILE WORK ENVIRONMENT – A hostile work environment is one where the words and actions of a supervisor, manager or coworker negatively or severely impacts another employee’s ability to complete their work. Any employee can be responsible for creating a hostile work environment. This includes sexually explicit language, photos, or conduct. J. LIGHT DUTY - A limited duty position assigned to those employees who are unable to perform regular duty functions due to a temporary disability caused by job or non-job-related illness or injury. K. MEDICAL RELEASE FORM - A BCSO Form 350-74 or TWC Form 73 as applicable that indicates that an employee may return to full duty without restrictions and be signed by a medical doctor or physician. L. PERSONAL RELATIONSHIP - A relationship based on marriage, by blood, through dating, romantic relationship, sexual relationship, cohabitation, or other intimate means. M. QUID PRO QUO HARASSMENT - A circumstance by which an employee is afforded a favorable employment action in exchange for a sexual favor where submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, submission to or rej ection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or crating an intimidating, hostile or offensive work environment. N. ROMANTIC RELATIONSHIP - A dating relationship based on the exchange of personal affection, emotional attachment, and/or sexual or physical intimacy. O. SEXUAL CONDUCT - As defined in accordance with Texas Penal Code Section 21.01 (1) (2) (3), 21.07 (a) (1) (2) (3) (4) and 21.08 (a). P. SEXUAL DISCRIMINATION - The disparate treatment of an employee with respect to work benefits, conditions, assignments, promotions, etc. based upon the gender of the employees unless such 2  disparate treatment is necessary based upon some bona-fide occupational qualification i.e. undercover assignment where a male or female is necessary due to the nature of the infiltration. Q. SEXUAL HARASSMENT - Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to such conduct is made either explicitly a term or condition of an individual’s employment, submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. R. SEXUAL MISCONDUCT - Any sexual activity while on duty or stemming from official duty and included but is not limited to use of official position and official resources to obtain information for the purposes of pursuing sexual conduct. S. SEXUAL RELATIONSHIP - A dating relationship based on sexual or physical intimacy. T. SUBORDINATE - A person who answers to another employee based on their rank, job classification, or pay grade. U. SUPERVISOR - A person who has authority, direct or indirect, over another by virtue of their rank, job classification, or pay grade. V. TWC FORM 73 - Texas Worker’s Compensation Work Status Report, used when illness or injury is due to a job-related condition. W. UNDER COLOR OF LAW - The appearance of an act being performed based upon legal right or enforcement of statute, when no right exists. Includes acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official’s lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. 5.04 GENERAL DISCHARGE OF DUTIES All employees shall discharge their duties in a professional manner in accordance with the laws of the State of Texas, the United States Federal government, and with this manual. It is the responsibility of the individual employee to become familiar with those laws and this manual. Employees are also expected to follow all State and Federal laws as well as any local ordinances they are subject to in their personal lives. 5.05 PERFORMANCE OF DUTIES A. All employees of the BCSO shall render their services to the County of Bexar with loyalty, enthusiasm, courage, and discretion. Employees shall carry out their assigned duties in a manner that represents the BCSO in the best possible way. B. All employees are expected to perform all duties placed upon them by a competent authority within the BCSO. The chain of command is described in this manual, with the ultimate authority resting with the Sheriff. 3 C. An employee shall not: 1. Display reluctance on their part to properly perform their duty; 2. Act in a manner which would tend to bring discredit upon themselves or the BCSO as a whole; 3. Fail to assume the necessary responsibility; or 4. Fail to exercise diligence, proper demeanor, intelligence, and interest in the pursuit of their duties. D. When employees are acting together, they are expected to openly support and assist one another, and take necessary steps to insure that each is protected from harm. 5.06 EFFICIENCY In accomplishing the various functions of the BCSO, employees shall direct and coordinate their efforts in a manner to establish and maintain the highest standards of efficiency. 5.07 OBEDIENCE A. Employees shall strictly obey and execute any lawful order or instruction emanating from their supervisors or ranking deputy. To defy the authority of any supervisory deputy by obvious disrespect, disputing orders, or refusing or failing to obey any lawful order given shall be considered insubordination. No supervisor shall knowingly issue any order which is a violation of any law, ordinance, or BCSO policy or procedure. In the case that any subordinate receives an order which conflicts with a previous order from another supervisor or with any policy or procedure of the BCSO, the receiving deputy shall respectfully call attention to such. If the current supervisor giving the conflicting order does not modify their order to eliminate the conflict, the order shall stand, and the responsibility shall rest with the supervisor. Such matters should then be brought to attention of the Sheriff through the chain of command. B. No employee is required to obey an order which is contrary to the laws of the United States, statutes of the State of Texas, or ordinances of any city in the County of Bexar. Any such order shall be reported through the chain of command to the Sheriff. 5.08 ADDRESSING RANKING DEPUTIES When in the presence of the public, all employees shall respectfully address fellow employees by their rank, or if appropriate, by such titles as Mr., Mrs., or Ms. As circumstances warrant. 5.09 HARMONY AND COOPERATION Employees shall conduct themselves in a manner that will foster the greatest harmony and cooperation between the various sections of the BCSO, as well as all other city, county, state, and federal employees. 4 5.10 STATEMENT CONCERNING THE SHERIFF’S OFFICE No employee shall address any public gatherings, appear on radio or television programs, join any organization, or write any articles or manuscripts for publication wherein they are identified as a spokesperson for the BCSO, unless they are authorized to do so in accordance with Chapter 39 Media and Public Relations. 5.11 DEROGATORY REMARKS Employees of the BCSO shall not speak in a derogatory manner to other employees of the BCSO, nor in such manner to persons outside the BCSO, regarding orders or instruction issued by any supervisor. However, when an employee believes that such orders or instructions are inconsistent or unjust, it is the right of any employee receiving the order or instruction to respectfully and privately discuss the matter with the issuing supervisor. 5.12 CRITICISM OF OFFICIAL ACTS Employees shall treat other employees of the BCSO or any other person in a civil and respectful manner and shall not publicly criticize any official act of any employee of the BCSO, nor the BCSO itself, in any fashion. 5.13 UNAUTHORIZED RELEASE OF INFORMATION No employee of the BCSO shall make known any information concerning the progress of an investigation or any proposed law enforcement action of any type to any person not authorized to receive such information. Likewise, all employees shall treat as confidential the official business of the BCSO and shall not discuss or impart that information to anyone except to those for whom it is intended, as directed by their supervisor, or as provided by law. The contents of any criminal record filed with the BCSO are confidential and shall not be exhibited or divulged, except to those persons lawfully entitled to receive such information. 5.14 REMOVAL OF OFFICIAL RECORDS PROHIBITED No employee shall remove any official papers, photographic, audio, or video record from the BCSO, except as directed by their supervisor or as ordered by a court of competent authority. In the latter instance, the employee’s supervisor must be informed. When a record is requested from a file, only a copy of that record may be released. 5.15 INFORMATION TO CITIZENS When the public requests official information from a BCSO employee; the employee authorized to make such a release shall give all proper public information in a careful, courteous, and accurate manner, avoiding all unnecessary conversation or controversy and the releasing of information shall be in accordance with the Freedom of Information Act. 5 5.16 DUTY TO REPORT INFORMATION Every employee has an affirmative duty to properly report any information given in good faith by any citizen regarding matters which indicate the need for action by the BCSO. 5.17 FALSE INFORMATION IN RECORDS No employee shall make a false official report concerning BCSO records, nor knowingly enter or cause to be entered in any BCSO books, records, or reports any inaccurate, false, or improper information, material, matters, or otherwise. 5.18 DUTY TO TAKE ACTION All deputies who are licensed Texas Peace Officers and commissioned as such by the BCSO have a duty to enforce the criminal laws of this State. Consequently, when a deputy arrives on the scene (regardless of the location or duty status) and is the first law enforcement officer there, the deputy shall take command of the scene and take such action that is necessary until the proper law enforcement agency representative arrives. 5.19 PERSONAL QUARRELS Deputies shall not make arrests in quarrels or incidents in which they are personally involved, or those in which their families are involved. In those instances, the deputy’s supervisor shall be immediately notified. Arrests are authorized only when immediately necessary to prevent bodily injury. 5.20 PROPER HANDLING OF EVIDENCE No employee shall fabricate, alter, withhold, or otherwise tamper with evidence of any kind. All evidence received by an employee must be duly recorded and turned into the proper storage facility in accordance with Chapter 19 Evidence Collection, Destruction and Property Handling. No employee has the authority to dispose of evidence unless by court authority or other competent authority. 5.21 INTERACTION WITH OTHER LAW ENFORCEMENT OFFICIALS A. Employees shall always be respectful, courteous, and diplomatic in their conversations and contacts with employees and officers of other law enforcement agencies. This also applies to our relationship with other voluntary organizations, such as the Sheriff’s Reserves. B. No unauthorized signs or other similar writings are to be posted at or on county owned or leased property which are intended as instructions yet are worded in such a way as to be either demeaning in verbiage or debasing to another law enforcement agency. 5.22 INTERACTION WITH THE PUBLIC All employees shall be courteous to all members of the public. An employee shall perform all duties with tact and diplomacy, by controlling one’s temper and exercising the utmost patience and discretion. An employee shall not engage in argumentative discussions even in the face of extreme provocation. Employees shall not use coarse, violent, profane, or insolent language or gestures, nor shall an 6 employee express any prejudice concerning race, religion, creed, national origin, sexual orientation, sexual identity, or similar personal type characteristics. 5.23 REQUESTS FROM THE PUBLIC FOR IDENTIFICATION When the public requests to know with whom they are speaking, every employee shall politely provide their name in response. In the case of sworn employees, deputies will also provide their badge number, except when an employee is instructed otherwise by a supervisor or when necessary, in the performance of certain law enforcement duties. 5.24 OFFICIAL ADMINISTRATIVE INQUIRIES During the course of any official administrative investigation by the BCSO, employees shall be required to give full, complete, accurate, and true statements if officially requested. 5.25 OFFICIAL CORRESPONDENCE A. Employees shall not engage in official correspondence or use BCSO stationery unless such an employee has the specific authority to do so. B. Employees shall NOT use their county email address for personal business or personal correspondence, a personal email developed separately by the employee should be used for those purposes. 5.26 USE OF ELECTRONIC COMMUNICATIONS A. Employees shall not use county electronic communications systems for personal, social, or unofficial purposes. BCSO electronic communications systems are to be used for the business purpose of serving the interests of the BCSO. B. Personal calls, when necessary, should be kept to a minimum and handled in such a manner as to minimize any interference with the employee’s regular work duties. 5.27 IMMORAL CONDUCT A. Employees of the BCSO shall maintain a level of moral conduct in their personal affairs in keeping with the highest standards of the law enforcement profession. No employee shall participate in any incident or act involving moral turpitude which might impair one’s ability to perform as a deputy or in any other position within the BCSO, nor shall they participate in any act which might cause damage to the good reputation of the BCSO. B. All employees of the BCSO both sworn and non-sworn have both a legal and a moral duty to take action to prevent and/or stop another employee or deputy from engaging in immoral, unethical, or illegal conduct. Employees shall take such actions as part of their employment with the BCSO and their obligation to the citizens of Bexar County. 7 5.28 VIOLATIONS OF LAW No employee shall knowingly or willfully violate any federal statute; law of the State of Texas or any other state; or ordinance of Bexar County, any other county, or any municipality of this state or any other state. 5.29 CONDUCT UNBECOMING AN OFFICER All deputies shall always conduct themselves in a manner which reflects most favorably on the BCSO, whether on or off duty. Unbecoming conduct includes unjustified behavior which brings the BCSO into disrepute, discredits an employee of the BCSO, impairs the operation of the BCSO, or has an adverse effect on the BCSO. 5.30 INTERFERENCE WITH DUTIES OF OTHER EMPLOYEES A. Employees shall not interfere with or interject themselves into the work performance of other employees, so as to create opposition to or a hampering effect on the actions or procedures of other employees. It shall apply not only to any investigations in progress, but also to all other functions of the BCSO, such as arrest, prosecution, computer work, communications, or any other operation. B. This is not designed to suppress personal initiative. Assistance, whether by consent or by assignment is welcomed. However, it is designed to encourage a coordinated effort leading to the best possible results. 5.31 COWARDICE Deputies shall not display cowardice or fail to support their fellow deputies in the performance of their duties. 5.32 LANGUAGE AND BEHAVIOR Employees shall not use vulgar, insulting, or threatening language, uncomplimentary terms of speech, intentionally antagonize, or behave in an arrogant manner toward any other employee of the BCSO, the public, or inmates in the custody of the BCSO. 5.33 UNTRUTHFULNESS A. No employee of the BCSO shall make or give any false statements when being questioned, interviewed, or when submitting official reports. To do otherwise is to create an undesirable dishonest situation, characterized by lack of trust, honesty, or truthfulne ss. B. No employee of the BCSO shall make or give any false statements to any officers of the court or when testifying in a court of law. To do otherwise is to bring discredit or distrust upon the employee and the BCSO. 8 5.34 BRINGING DISCREDIT No employee shall act or behave publicly or privately in such a manner as to bring discredit, distrust, or a lack of esteem upon themselves personally as a Texas Peace Officer or Detention Officer, or upon the BCSO as a whole. 5.35 CONSORTING WITH PERSON OF QUESTIONABLE CHARACTERS A. Employees shall not consort with, fraternize with, or otherwise associate with persons the employee knows or should know, are racketeers, gamblers, prostitutes, convicted felons, persons under criminal investigation or indictment by a Grand Jury, persons in the community with a reputation for felonious criminal behavior or other persons of bad character or ill-repute. B. No portion of the above is intended to act as a bar to prevent contact with a person of questionable character while on official county business. When such is the case, a deputy should insure their supervisor is aware of the nature of their intended contact with a person of questionable character. 5.36 PERSONS IN CUSTODY A. Employees shall not associate or fraternize with, perform favors for, engage the service of, or accept service or favors of any type from any person who is in custody of any law enforcement agency or corrections facility. The same applies also to family members, friends, and/or acquaintances of any persons in custody. B. Employees shall not socialize or otherwise associate with the spouse or relatives of any person while that person is in the official custody of the BCSO or in the custody of any law enforcement agency or corrections facility. C. No portion of the above is intended to act as a bar to prevent contact with a person in custody while on official county business. When such is the case, a deputy should ensure their supervisor is aware of the nature of their intended contact with a person in custody. 5.37 CRUEL TREATMENT OR WILLFUL NEGLECT No employee shall, at any time or for any reason, willfully subject any person or animal to cruel treatment, nor willfully neglect the necessary humane act which the circumstances may require. In the latter instance regarding animals, deputies shall obtain authority from a supervisor before discharging their duty weapon. 5.38 DISCRIMINATION The BCSO is committed to creating and maintaining a work environment that is free from all forms of discrimination and intimidation. Discrimination included but is not limited to derogatory comments, slurs or jokes, pictures, cartoons or posters and actions that result in an employee being offended or insulted and such conduct is prohibited by the BCSO for all its employees when dealing with each other or members of the public. 9 5.39 SEXUAL HARASSMENT A. Sexual harassment, quid pro quo harassment, and sexual discrimination will not be tolerated in the BCSO. B. The following breaks down sexual harassment progression. All employees will be aware of their behavior towards other employees and if it is following this path, they will cease such behavior; 1. Non-physical: a. Pressure for dates; b. Making sexual jokes; c. Teasing; d. Making remarks of a sexual nature; e. Asking personal questions of a sexual nature; f. Giving sexually suggestive looks or gestures. 2. Physical/Non-physical Intimidation: a. Asking for or demanding sexual favors; b. Pinching; c. Touching; d. Making unwanted phone calls; e. Blocking their path; f. Cornering; g. Sending materials of a sexual nature. 3. Physical or bodily harm: a. Sexual assault; and/or b. Attempted sexual assault. 5.40 SEXUAL MISCONDUCT A. BCSO employees are empowered with authority not normally enjoyed by the average citizen. When an employee abuses this authority for sexual purposes, and violates another person, the employee 10  not only commits a crime against the victim, but also damages the credibility and trust of the entire BCSO with the public. Sexual misconduct is prohibited, and employees will not engage in sexual conduct while: 1. On-duty; 2. In uniform; 3. Working off-duty (as this is an extension of law enforcement services); 4. Officially representing the BCSO; 5. In a mentoring capacity (including, but is not limited to: direct supervision, D.T.O./P.T.O., Academy Instructor, or Explorer Advisor, etc.); or 6. Using their position with the BCSO in any capacity. 5.41 HARASSMENT REPORTING PROCEDURE A. If an employee has reason to believe they are being harassed, sexually harassed, or discriminated against by another employee, they should take the following steps: 1. Document and report all incidents through their supervisor. 2. Submit documents to the Human Resources Manager for review. 3. No report is required to be coordinated with the offending party’s supervisor unless there is a possibility the problem can be resolved at that level. 4. If a satisfactory solution cannot be obtained from the Human Resources Manager or designated representative, all complaints shall be submitted directly to the Division Chief concerned. B. Harassment on the basis of sex is a violation of Section 703 of Title VII of the Civil Rights Act of 1964 as Amended. Harassment applies to all persons employed or working as a volunteer in the Sheriff’s Office. Sexual Harassment is also a criminal offense under Section 39.03 of the Texas Penal code, Official Oppression. C. The Sheriff may elect to act on a report/complaint or may refer the individual to the Equal Employment Opportunity Commission. D. When a complaint is received by the Internal Affairs (IA) Section, they will take the following actions: 1. Investigate all complaints to determine validity. 2. If the complaint is valid, the following actions will be taken: a. The IA section will coordinate with the appropriate Division Commander to develop a response appropriate to the situation. 11  b. The effected Division’s Commander will help establish a procedure to eliminate the problem from occurring in the future. c. Appropriate action will be taken immediately against the offending party. 5.42 ATTORNEY AND BONDSMEN No employee shall recommend or suggest to anyone the name of any person, employer, firm, or corporation who might represent another as an attorney, counsel for, or bondsman. This does not restrict the private affairs of an employee while off duty, and it is clearly understood that any recommendation is purely from a personal standpoint and not reflective of an official standpoint. 5.43 SOLICITING REWARDS OR GRATUITIES No employee shall solicit any reward or gratuity of any kind, either on their own behalf or for that of another employee, as a result of the performance of any of the official duties of the BCSO. 5.44 POSSESSION OF FIREARMS A. All deputies who are licensed Texas Peace Officers and commissioned as such by the BCSO shall carry their approved firearm on their person while on duty, where authorized. Deputies shall prominently display their badge on their person and also have in their possession their identification credentials signed by the Sheriff, unless working covert assignments and authorized by the section supervisor. B. All deputies who are licensed Texas Peace Officers and commissioned as such by the BCSO should also carry their approved firearm at all times and in all localities while off-duty. If the firearm is displayed, the deputy’s badge must also be displayed. Whe n carrying a weapon off-duty, deputies shall have in their possession their badge and identification credentials so as to eliminate any unnecessary confrontation with other peace officers or citizens who might question the deputy’s identity. C. County owned firearms, TASERs, badges/credentials, radios, body armor and other equipment shall not be stored in plain sight in any vehicles. If it becomes necessary to temporarily leave a firearm in a vehicle, the firearm should be stored in a locked gun rack or inside a locked heavy -duty container secured inside the trunk, securely attached to the vehicle, and the vehicle should be equipped with an operational audible alarm system. Firearms shall not be stored in unattended vehicles. 5.45 GAMBLING No employee shall engage or participate in any type of gambling in any form while on duty, while in the uniform, or while on any premises owned by the County of Bexar. 5.46 PROHIBITED ESTABLISHMENTS No employee may frequent, visit, or enter a house of prostitution, gambling house, or similar establishment regardless of what it might be called, where any federal or state law is violated, except in the official performance of duty and with the specific knowledge of the employee’s supervisor. 12 5.47 USE OF ALCOHOL A. No employee shall become intoxicated as a result of consuming alcoholic beverages at or in a public place, and thereafter create or be part of disorderly conduct within or at that public place at any time; B. No employee shall drink or consume any alcoholic beverage when on duty, except as authorized by the employee’s supervisor in the case of a specific duty assignment which may necessitate same; C. No employee shall report for duty or attempt to report for duty while under the influence of alcohol, nor be unfit to perform their duties because of intoxication. The odor of alcohol on the breath of an employee will be considered presumptive evidence. Employees shall not be intoxicated while in public view. No employee, while off-duty, shall drink alcoholic beverages to an extent which renders them unfit to report for duty; D. No alcoholic beverage shall be consumed by an employee on any premises occupied by any unit, section, or division of the BCSO, whether it is on Bexar County property or private property; E. No employee at any time will operate any motor vehicle whether it is on or off a public roadway while intoxicated or otherwise under the influence of alcohol to the point where they cannot legally or safely operate said vehicle 5.48 USE OF DRUGS Employees shall not use habit-forming drugs or narcotics at any time. The only exception is in the instance of proper use of prescribed drugs or narcotics by a licensed medical professional for treatment of an illness or injury. 5.49 USE OF TOBACCO PRODUCTS A. It is the policy of the BCSO to provide a smoking, vaping, and tobacco-free environment for staff, visitors, volunteers, medical staff, contractors, and inmates; B. There will be no smoking by employees in or around any BCSO vehicle at any time. This includes vehicles parked in and around Bexar County property whether owned, leased, or rented; C. No employee should smoke, vape, or use smokeless tobacco products while on duty. However, designated areas, which will not be within twenty-five (25) feet of external doors, air intakes, and operable windows of a County owned, leased, or rented facility, are available. 5.50 PATRIOTIC COURTESIES A. The Pledge of Allegiance to the Flag should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform, men should remove any non-religious headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute. (4 USC 4) 13 B. During the ceremony of hoisting or lowering the United States flag or when the flag is passing in a parade or in review, all persons present in uniform should render the military salute. Employees of the Armed Forces and veterans who are present, but not in uniform may render the military salute. All other person’s present should face the flag and stand at attention with their right hand over the heart, or if applicable, remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Citizens of other countries present should stand at attention. All such conduct toward the flag in a moving column should be rendered at the moment the flag passes. (4 USC 9) 5.51 LABOR ORGANIZATIONS Employees shall have the right to join a labor organization. However, nothing in this Manual shall compel the BCSO to recognize or to engage in collective bargaining with any such labor organization, except as authorized by law. It is unlawful for any employees to engage in any work slowdown, refusal to work, or strike against the BCSO. An employee who violates this provision may not only subject himself to possible court action, but also to administrative action by the BCSO. 5.52 OBLIGATION TO FAMILY All employees are expected to properly support all dependents to which they are legally obligated until such time as a competent court authority removes that obligation. Failure to do so may reflect on the employee and, ultimately, on the BCSO to the extent that administrative action may become necessary in order to alleviate the situation. 5.53 COURT ATTENDANCE A. All employees are responsible for checking their county e -mail on a daily basis for court notifications. All employees of the BCSO whose presence is required in cases before the courts shall: 1. Be punctual in attendance. Be dressed in full uniform or civilian clothes of good taste and business-like appearance. 2. Have properly prepared the cases for which they are called, and all property to be used as evidence shall be suitably arranged for presentation to the court. 3. Provide their full attention and respect toward the court at all times. When giving testimony, employees shall not chew gum. They shall speak calmly and explicitly, in a clear, distinct, and audible tone of voice so as to be easily heard and understood by the court and jury alike. 4. Testify with the strictest impartiality and accuracy, confining themselves to the case before the court, and neither suppress nor overstate any part of their testimony. 5.54 POLITICAL ACTIVITIES A. All employees of the BCSO are permitted to freely engage in political activities according to their own wishes. However, in order to maintain the public trust, insure integrity, and avoid the 14  appearance of impropriety, all employees who engage in partisan political activities shall observe the following rules and regulations. 1. Employees may not engage in political activities while in uniform or on duty. An employee engages in political activity if he or she: a. Makes a public speech or statement supporting or opposing a candidate; b. Distributes political material relating to a candidate; c. Wears or displays a campaign button or emblem; d. Circulates or signs a petition for a candidate; e. Solicits contributions or support for a candidate; or f. Voluntarily appears in any type of advertising, public relations photographs or public appearances for a candidate for public office. 1. Employees may not use the property, funds, programs, power or authority of the Sheriff’s Office for any political purposes whatsoever. 2. Employees must refrain from any activity of a political nature which interferes with the performance of their official duties. 3. Employees must take authorized leave from the office to attend political activities. Leave must be requested in writing and approved by the immediate supervisor. The employee’s leave balance must be adjusted accordingly, and a copy of the approved leave re quest maintained in the employee’s permanent personnel file. B. Candidacy for Public Office by Employees of the Sheriff. (Candidacy means filing for office or designating a campaign treasurer, whichever occurs first). Employees who become candidates for a public office must observe all the above regulations at all times, and in addition thereto must observe the following regulations: 1. The candidate must abide by all State and Federal laws regarding public candidates for office. 2. The candidate must at all times conduct himself/herself in such a manner that the public trust placed in the Sheriff’s Office is maintained. C. In addition, non-exempt employees of the Sheriff’s Office (employees protected by Civil Service) must also adhere to the following: 1. During that period of time in which the employee is actively engaged in a political campaign, he or she must be on authorized vacation leave or authorized leave of absence without pay. 2. The only exception is for candidacy for unpaid, non-partisan positions, such as school board trustee. 15 5.55 USE OF COMMUNICATION FACILITIES A. As a general rule, no employee shall use county communications facilities for personal, social, or unofficial purposes. B. There are times when an employee must receive or make a personal telephone call. Personal calls should be kept to an absolute minimum and handled in such a manner as to minimize any interference with the employee’s regular work duties. 5.56 CARE OF COUNTY PROPERTY AND EQUIPMENT A. All employees shall be responsible for the proper care, maintenance, and serviceable condition of any Bexar County property, either fixed or movable, which is issued for, or assigned to the employee’s use. All employees are required to report the loss of, damage to, or unserviceable condition of any Bexar County property which is issued or assigned to them by their supervisor. B. All Bexar County equipment and property, whether it be as large as a motor vehicle or as small as a pager, are valuable assets paid for by the taxpayers. Willful abuse, negligent abuse, mutilation or destruction of Bexar County equipment or property will be made the subject of disciplinary action. C. Equipment issued to an employee to support their current duty position shall be returned to the point of issue when the employee is reassigned to a new position. Equipment which is personally signed for will not be ‘handed off’ to a person’s replacement, nor will they take that equipment to their new duty position if it was assigned to them because it was required to perform the original duty. i.e. – a patrol rifle or Taser issued to a patrol deputy will be turned into the issuing office when the deputy is reassigned out of patrol. 5.57 MISAPPROPRIATION OF COUNTY PROPERTY AND EQUIPMENT No employee of the Sheriff’s Office shall appropriate for their own use any evidence; regardless of whether it has been lost, found, stolen, or recovered, nor any Bexar County equipment or property. Any such action will be made the subject of disciplinary action. 5.58 OPERATION OF COUNTY MOTOR VEHICLES A. The County of Bexar provides for the Sheriff’s Office a fleet of motor vehicles for use by our employees. All of these vehicles are property of the County and duly recorded as such on an inventory. Each employee who uses one of these motor vehicles becomes obligated and responsible for the proper care, maintenance, and serviceable condition of this county property. B. Each employee of the BCSO is charged with the responsibility of operating a county motor vehicle in a careful and prudent manner. Employees shall obey all laws of the various municipalities, the State of Texas, and pertinent Sheriff’s Office orders pertaining to the operation of motor vehicles. C. No employee of the BCSO shall allow, at any time, any unauthorized person to operate a county owned motor vehicle or to have in their possession the keys to such motor vehicle. 16 5.59 USE OF COUNTY MOTOR VEHICLES A. County owned motor vehicles are supplied to employees for “official county business” use only. They are not substitutes for an employee’s personally owned motor vehicle and should not ever be considered as such. B. Employees of the Sheriff’s Office shall not permit family members or other unauthorized persons to ride in county owned motor vehicles as a general rule. Permitted occupants are authorized employees of the Sheriff’s Office, persons who are required to be conveyed as a result of the regular performance of duty, or persons specifically authorized by supervising authority. 5.60 DAMAGE OR CRASHES INVOLVING COUNTY MOTOR VEHICLES A. Incidents involving damage to, or crashes involving county owned motor vehicles, shall be investigated by the BCSO Patrol Division, preferably by a Traffic unit, supported by a crime scene investigation unit and others as necessary. Each incident shall be thoroughly investigated in order to fix responsibility and to insure that the county’s interests are properly protected. B. Employees shall promptly notify their supervisor and the radio dispatcher, if appropriate, of any crash or damage to a county owned motor vehicle operated by them or in their charge, whether it is a result of a collision with another county or privately owned motor vehicle, or damage caused by some means other than a motor vehicle collision. C. Employees involved in an incident concerning a county owned motor vehicle must make a written report upon the proper forms of such accident or damage within 24 hours of the occurrence. D. The employee’s supervisor shall insure that Bexar County Fleet Maintenance is notified in order that necessary arrangements can be made for repair of the motor vehicle and a temporary replacement motor vehicle provided if necessary. 5.61 ASSIGNMENT OF MOTOR VEHICLES All county owned motor vehicles are assigned. Employees of the BCSO shall not use a county owned motor vehicle not specifically assigned to them without first obtaining permission from a supervisor in the section, unit, or division in which it is officially assigned. 5.62 LIABILITY OF EMPLOYEES REGARDING MOTOR VEHICLES Upon determination of the Crash Review Board (CRB) that an employee’s negligence contributed to a crash or damage to a county owned motor vehicle, such employee may be held liable for reimbursement to the County Auditor for an amount specified by the Chief Deputy. This reimbursement can be paid by lump sum or payroll deductions, as agreed upon by the employee and the administrator. 5.63 ISSUED GASOLINE CARDS A. Each county vehicle is issued its own gas card. Each gas card is issued to a specific motor vehicle and is to be used only for the county vehicle to which it was issued. The gas card is keyed to a specific motor vehicle’s odometer mileage and consequently, it is not to be used for any other county 17  vehicle nor is it to be passed on to other county employees. The gas card will stay with the particular motor vehicle to which it is assigned. B. The Sheriff’s Office has major brand gasoline credit cards which are available to employees who are required to make official business trips away from Bexar County in county owned motor vehicles. These cards may be used with any county owned motor vehicle and accountability for these cards and any charges will be strictly monitored. In no situation will any of the types of gasoline credit devices listed above be used for any privately owned motor vehicle. 5.64 COUNTY PROPERTY TO BE RETURNED Whenever any employee of this Sheriff’s Office is suspended, resigns, or separated from the Sheriff’s Office for any reason, that employee shall surrender or return to the Personnel Manager all property in the employee’s possession which belongs to the BCSO. Firearms and Tasers shall be returned to the firearms proficiency control deputy. 5.65 ILLNESS OR INJURY A. No employee of the BCSO shall feign illness or injury, nor shall they attempt to deceive another employee of the BCSO as to their real condition. Any employee who becomes sick or injured while on duty must immediately notify their supervisor. Likewise, if an employee is unable to report for work due to sickness or an injury, they must immediately notify their supervisor. Employees, while away from work due to illness or injury, will remain at either their residence or place of medical confinement, unless it is necessary for them to go to a doctor, hospital, or pharmacy. In the event it becomes necessary for an employee to stay at some location other than their residence, the employee must notify their supervisor who shall insure that the new temporary address is made a matter of record. B. All work permits are officially suspended when an employee is away from work due to illness or injury. During this time, no employee is authorized to perform any off -duty employment. When the employee returns to their regular tour of duty, they may make arrangements with their supervisor to have their work permit at another job reinstated. The following policy will be followed in regards to injury, illness, or pregnancy. C. The following procedures shall be followed by all employees of the BCSO. 1. Initial reporting of injuries a. Employees injured while on or off duty are required to complete and/or submit to their supervisor, as soon as possible, the following: 1) Incident Report 2) Facility Incident Report (if applicable). 3) Bexar County Sheriff’s Office Form 350-74 4) Other documents relating to the injury, such as; 18  a) Offense report b) Traffic accident report(s) c) Arrest report(s) d) Witness report(s) b. Any injury sustained by an employee while on or off duty must be reported, regardless of whether or not medical attention was received or time lost. 2. Extended Illness/Pregnancy – Once an employee is unable to work three or more consecutive days, due to extended illness, or pregnancy, an incident report should be submitted, and a Medical Release BCSO Form 350-74 must be obtained. 3. Medical Release a. If the injured employee is examined at a medical facility, it is the employee’s responsibility to obtain an Employee Authorization Form for release of information. b. No employee shall report for duty after an injury/illness/pregnancy unless the individual is capable of meeting the job performance standards and has obtained a fitness for duty (FFD) release from a treating physician/ medical provider. c. If the injured employee requires medical treatment, the employee will not be permitted to return to duty until a BCSO form 350-74 is received. d. Any employee claiming an absence is the result of a previous injury, he/she must provide a new incident report and BCSO form 350-74. e. An employee off work for three or more consecutive days due to injury/illness/pregnancy; will not be allowed to return to work without a medical release from a treating physician/ medical provider. 4. Employee Certified as Incapable of Returning to Duty a. If an employee is unable to return to duty because of an injury, a BCSO form 350-74 must be completed by the attending physician and returned to the Supervisor or Human Resources Office within twenty-four (24) hours. If an employee must stay off work for more than a day, then another form 350-74 must be obtained from the doctor unless a specific release day is indicated on the form. If none is indicated, then a form 350-74 must be obtained from the doctor at least every thirty (30) days until released by the doctor to return to duty. In all cases a BCSO form 350-74 must be obtained before allowing an employee to return to duty. b. If an employee is unable to submit the required reports, it will be the responsibility of the immediate supervisor to ensure the reports are completed for the employee and submitted to Human Resources. 19  c. Injured/ill/pregnant employees will meet all medical appointments as scheduled by the attending physician. d. All employees are required to call-in daily while out injured/ill/pregnant, unless relieved of this responsibility by appropriate authority (supervisor, section supervisor, division manager, personnel manager, etc.). 5. Supervisor's responsibilities a. The immediate supervisor will, prior to being relieved of duty, collect all reports relating to on or off duty injury from all persons with knowledge of the incident and; 1) Review the reports. 2) Make comments or take corrective action if required. 3) Forward reports to the section supervisor or shift supervisor. b. The Section or shift supervisor will; 1) Review all documents. 2) Ensure all missing documents are located and forwarded within forty-eight (48) hours to the Personnel Section. 6. Responsibilities of the BCSO Human Resources Office a. Review and place all documents pertaining to injury/illness/pregnancy in the employee’s medical file. b. Forward original of the on-the-job injury reports to the Bexar County Auditor’s Office. c. Provide a monthly report identifying those employees who are out due to injury/illness/pregnancy. d. Retain all injury files as prescribed by law. 5.66 TAMPERING WITH DOCUMENTS A. Tampering with documents, whether it involves altering, falsifying, or destroying them, not only violates policy but also undermines our credibility and can have serious legal consequences. All employees of the BCSO shall not tamper with, alter, falsify, destroy, or use with any other intent the document or form was originally intended for. B. Employees seeking to modify any official documents or forms, to include the BCSO form 350-74, must first submit a request to their immediate supervisor. This request should include details regarding the nature of the modification and the reasons for the modification. Following the 20  supervisor’s approval, the request will be forwarded to the Sheriff or a designee for final authorization. C. If an employee encounters or suspects any unauthorized usage, tampering, alterations, falsifications or destruction of documents or forms, it is incumbent upon the individual to report the incident immediately to a supervisor. Timely reporting allows proper investigation to address any concerns swiftly, minimizing potential risks to the operations and reputation of the BCSO. 5.67 COUNTY PERSONNEL RULES ON EMPLOYEES OUT INJURED/ILLNESS Refer to 5.20 Non-Job Related Injuries Rules of Bexar County Sheriff’s Civil Service Commission revised September 23, 2019. 5.68 ATTENDANCE AND SICK LEAVE PROVISIONS (ARTICLE 15 OF THE CBA) Refer to Article 15, Attendance and Sick Leave Provisions, page 43-45. 5.69 EMPLOYEE FRATERNIZATION A. Personal relationships between and among employees which give rise to an actual or perceived potential conflict of interest with professional responsibilities, and/or which create the potential for an adverse impact on supervision, safety, security, operations, efficiency, or morale within the agency. B. The BCSO has a vital interest in maintaining harmonious, efficient, and productive working relationships between its employees. Personal relationships between employees that cause unrest, lend themselves to the perception of favoritism, adversely affect morale, or otherwise disrupt the normal working order of the agency are undesirable. C. Employees who are related to or who are engaged in a romantic and/or sexual relationship with candidates for hiring selection, promotion, or assignment to specialized positions must ensure that all reasonable precautions are taken to avert any undue influe nce in the selection process or even the appearance of impropriety in the process. The most qualified candidates will be selected for positions within the agency, for promotions and for assignment to specialized positions. D. The BCSO recognizes the rights of employees to become involved in personal relationships with their co-workers. However, it is the policy of the agency to ensure that its employees carry out their duties with impartiality and fairness so that public and organizational trust and confidence are maintained. E. There are special risks in any family, romantic and/or sexual relationship between co-workers, and parties in such a personal relationship assume those risks. The agency desires to avoid misunderstandings, actual or potential conflicts of interest, complaints of favoritism, possible claims of sexual harassment, and the employee morale and dissention problems that can potentially result from family, romantic and/or sexual relationships involving superiors and subordinates, by rank or pay grade, within the agency. Members having or entering into such a relationship must acknowledge and abide by the following: 21  1. An Employee shall not directly supervise a relative or other member where a romantic and/or sexual relationship exists. 2. The employee in the position of greater power, by rank or pay grade, will bear the primary burden of accountability, and must ensure that he or she does not exercise any supervisory or evaluative function over the other person in the relationship. 3. A supervisor shall not recommend advancement, contribute to a performance rating, or make a decision on the assignment or placement of a subordinate relative or other employee where a romantic and/or sexual relationship exists. 4. A supervisor shall not be assigned or contribute to the investigation of a Professional Standards and Integrity (PSI) complaint and/or disciplinary action (with the exception of being interviewed as a potential witness) of a subordinate relative or other employee where a romantic and/or sexual relationship exists. 5. Permanent assignments that place a supervisor anywhere in the chain of command over a relative or other employee where a romantic and/or sexual relationship exists must be approved by the Sheriff or a designee. 6. Occasional functional supervision of a relative or other member where a romantic and/or sexual relationship exists may be unavoidable. In this situation, the superior will be excluded from involvement in any disciplinary or evaluation process involving that employee. 7. If a supervisor and a subordinate marry or cohabitate, the division commander shall review the working relationship of the two employees and determine if it creates a potential conflict of interest or an adverse impact on supervision, safety, security or agency morale. If it does, reasonable effort will be made to transfer, reassign, or otherwise resolve the situation so that one of the employees is placed in a position where the conflict no longer exists. Prior to any reassignment, the agency will receive input from the involved employees. F. The BCSO shall not depart from the general orders regarding hiring, promotion and assignment to specialized positions for any reason other than one specifically approved by the Chief Administrative Officer and the Sheriff. 1. Employees who are related to or involved in a romantic and/or sexual relationship with a candidate for hiring selection, promotion, or assignment to specialized positions shall not be involved in the selection process. 2. Should an employee related to or involved in a romantic and/or sexual relationship be required to participate in any of these selection processes due to an absence of available alternatives, the final selection decision is subject to the approval of the Chief Administrative Officer and the Sheriff. 3. It will be incumbent upon the subordinate to select assignments which will not put them under the supervision or management of a relative or other member with whom they are involved in a romantic and/or sexual relationship. 22 G. In the event an employee becomes involved in a personal, family, romantic and/or sexual relationship with an employee in their chain of command: 1. The employee shall notify their supervisor in person as soon as possible of the circumstances. If the employee’s supervisor is the individual with whom the employee is involved, the employee shall notify their supervisor's superior. 2. The supervisor shall take appropriate steps to ensure that the working conditions of the employees involved in a romantic and/or sexual relationship are modified to eliminate potential conflicts of interest and adverse workplace performance problems. 3. The supervisor shall prepare a written report regarding the situation and his/her resolutions. The report shall be transmitted to the appropriate Deputy Chief, Chief Administrative Officer and the Sheriff for review. The report will be filed with the appropriate Deputy Chief until it is obsolete or administrative value is lost. 4. Failure by an employee to report a personal, family, romantic or sexual relationship with an employee in their chain of command compromises the integrity of the agency's chain of command, disrupts the work environment, causes a decline in morale and can re duce productivity. 5. Any failure to report relationships as required by this order shall constitute misconduct and a violation of agency policy and may subject an employee to disciplinary action. The duty to notify does not apply to relationships that are strictly social. Public trust and perception, workplace safety, agency operations and agency morale require that employees avoid the appearance of, or actual conflict of interest between their professional responsibilities and any involvement in a family, romantic or sexual relationship with other employees. 6. In order to promote efficient operation of the BCSO and avoid misunderstandings, complaints of favoritism, sexual harassment and/or gender-based discrimination, and other problems of supervision, safety, agency operations, and employee morale, all employee s are instructed to avoid situations that give rise to an actual or perceived conflict and notify their supervisor in the event an actual or perceived conflict arises. 23