Bexar County Sheriff's Office Policy Manual PDF
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Bexar County Sheriff's Office
2024
Javier Salazar
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Summary
This document is a policy manual for the Bexar County Sheriff's Office, outlining individual responsibilities, conduct, and procedures for both sworn and non-sworn employees. It covers topics such as alertness, on- and off-duty behavior, and interaction with the public.
Full Transcript
BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number April 15, 2014 March 12, 2024 Six Subject Office Individual Responsibility...
BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number April 15, 2014 March 12, 2024 Six Subject Office Individual Responsibility Sheriff’s Administration References Enclosures CCP Article 14.03(d); PC Ch. 42,49 None Distribution Supersedes Reevaluation Date Pages All Sheriff’s Employees November 13, 2017 March 12, 2025 18 Approved by: Javier Salazar, Bexar County Sheriff 6.01 POLICY Both sworn deputies and non-sworn employees of the Bexar County Sheriff’s Office (BCSO) are held to a higher standard than many other professions. As such the BCSO shall provide policy and procedures that codify the expectations of individual employees and are designed to promote efficiency, discipline, and good public relations by governing the conduct and demeanor of every employee of the BCSO, both on- and off-duty. Each supervisory employee is responsible for enforcing the provisions of the policies and procedures of the BCSO. Where the word “deputy” is used, this shall refer to deputies of all ranks. Conduct rules contained in this Chapter shall coincide with Chapter 5 Employee Conduct and other applicable Chapters in this Manual. 6.02 PURPOSE This policy provides guidelines that determine the expected individual conduct of BCSO employees and sworn deputies. The purpose of this Chapter is to bring together in an accessible place, rules of conduct for individual employees and is intended to also coincide with any additional conduct rules noted in Chapter 5 Employee Conduct or other Chapter of this Manual. Areas of the Sheriff’s Manual that contain similar information is noted in the individual sections below. 6.03 ALERTNESS Employees shall always be attentive to their duties and, by their alertness and observation, demonstrate interest in their work. 6.04 SUBJECT TO DUTY Deputies will consider themselves available for duty in any emergency, regardless of their actual duty status whenever they are within the geographical boundaries of Bexar County. Whenever feasible, deputies who are BCSO commissioned peace officers shall carry their credentials, badge, and service weapon at all times. 6.05 SUPERVISORS Supervisors always remain supervisors when it involves personnel whether on or off-duty. Supervisors (sworn and civilian) shall refrain from allowing, participation in or encouragement of actions that could be perceived as conduct unbecoming, inappropriate behavior, sexual harassment and/or any other significant behavioral infraction when on or off-duty or in a social or academic setting. 1 6.06 REQUIREMENT TO TAKE ACTION A. Deputies who are commissioned peace officers are charged with the responsibility to enforce state laws and federal statutes, to preserve the peace, and to protect lives and property. 1. All peace officers shall take immediate action to prevent any obvious offense; to arrest, if reasonably possible, any known offender; and to protect all persons and property from imminent harm. 2. The only exception to this is when a deputy is serving a suspension or when they are placed on administrative leave, either with or without pay, and their commission, authority, and responsibility to take action shall be suspended. B. On-duty deputies who are commissioned peace officers are required to take prompt and effective law enforcement action, conforming to good law enforcement practices with respect to violations of laws and matters affecting public safety coming to their attention or of which they have knowledge. On- duty deputies who are not commissioned peace officers shall at a minimum, notify the Public Safety Communications Dispatcher to dispatch an on-duty patrol deputy or the appropriate on-duty law enforcement agency. C. Arrests made on or off-duty under this chapter shall be in accordance with policy and procedure outlined in Chapter 11 Warrantless Arrest and any other applicable Chapter in this Manual. 6.07 TAKING ACTION OFF-DUTY A. When an off-duty deputy has a matter come to their attention that is not an emergency situation requiring immediate action, the deputy shall call the appropriate law enforcement agency and request they dispatch a unit. The deputy may remain at the location in the event some assistance can be rendered. B. Once an on-duty officer has arrived, the off-duty deputy will not interfere or participate in the matter unless requested to do so by the officer(s) assigned to handle the incident. 6.08 ACTIVITIES OUTSIDE OF BEXAR COUNTY In the absence of an authorized pursuit in accordance with this Manual, deputies are not to purposely enter another county in order to look for criminal violations or to enforce laws. Exceptions would be when deputies are directed by a supervisor to assist a law enforcement officer in another county, or if, while in another county for other reasons, the deputy takes action under the provisions of Article 14.03(d) of the Texas Code of Criminal Procedure because a felony or a violation of Texas Penal Code (PC) Chapter 42 Disorderly Conduct or (PC) Chapter 49 Intoxication is committed in their presence or view. 6.09 REPORTING FOR DUTY Employees shall punctually report for duty or present themselves at the time and place so specified by proper authority. They shall be properly uniformed or dressed in accordance with Chapter 7 Personal Appearance and Attire, possess the proper equipment needed, and arrive prepared to carry out the duty assigned. 2 6.10 AVAILABILITY WHEN ON-DUTY Employees while on-duty shall not conceal themselves so that their whereabouts may not be known, except in official law enforcement capacity and with their supervisor’s approval. 6.11 ON-DUTY ACTIVITIES Employees shall not devote any of their on-duty time to any activity other than that which relates to their duty assignment. Employees, while on-duty, shall not enter places of amusement or theaters, except for approved law enforcement purposes, nor shall employees remain in any one place longer than necessary to accomplish a law enforcement objective. 6.12 PROMPT RESPONSE TO ALL CALLS Deputies shall respond promptly to all calls for service from citizens or other employees. Immediately upon completion of an assignment, deputies shall mark themselves clear and available for further assignment. Deputies shall utilize the Computer Aided Dispatch (CAD) system, or the radio if the CAD system is unavailable, to indicate their availability for service. 6.13 REPORTING HAZARDS AND ASSISTING THE PUBLIC A. Employees who observe any of the following shall take the proper steps to remedy the situation: 1. Citizens in distress; 2. Anything of a dangerous or hazardous nature; 3. Any situation that might cause public inconvenience; or 4. Anything that seems irregular or offensive. B. The proper steps may include providing assistance or reporting the matter to the proper authorities. Employees are expected to assist the public and not ignore their responsibilities. 6.14 REPORTING CRIMES It is the responsibility of all employees to report to their supervisor any information relative to a criminal offense, which they have direct or indirect knowledge. Employees with personal knowledge of or having received information relative to a criminal offense; shall not conceal, ignore, distort, or retain such facts. This paragraph is equally applicable if the employee is personally implicated or if knowledge is specifically about another employee. 6.15 REPORTING INCIDENTS Employees shall immediately report the following categories of incidents, in addition to other incidents covered in this manual, to their supervisors: A. Any off-duty incidents resulting in an employee’s arrest or charge with a criminal offense; 3 1. Employees shall contact their immediate supervisor within twenty-four (24) hours of the incident. Employees who hold a TCOLE license shall also notify TCOLE of the arrest in the manner prescribed by TCOLE. 2. The supervisor is responsible to notify, in writing, the Bureau Chief and provide any written reports that are available. 3. Employees should be prepared to be placed on Administrative Leave and surrender their BCSO credentials and badge, key card, keys, and any other issued equipment deemed necessary by the Bureau Chief or higher. 4. Employees shall notify their supervisor, in writing, of their court date and the results of the trial (i.e. the case was dismissed or there was a conviction). B. Crash in which employee is involved; C. Any personal injuries received in the line of duty; D. Any off-duty injury which may interfere with the performance of their assigned duties; E. All property damage or injuries caused to other persons while employees are performing their assigned duties; F. All incidents in which the County of Bexar may be liable for damages; G. Any condition which might endanger the public health or safety; H. Any suit or legal process filed against an employee because of an act performed by the employee in the line of duty; I. Any suit or legal (civil non-criminal) process involving an employee in which the County of Bexar is NOT liable; or J. Damage to any County owned property. 6.16 OFFICIAL REPORTS A. COMPLETION OF REPORTS: Employees shall complete reports promptly, accurately, and in conformance with the reporting procedures of the BCSO. B. SUBMISSION OF REPORTS: Employees shall complete and submit all reports to their immediate supervisor for review and approval prior to going off-duty, any circumstances not allowing so must be approved by a supervisor. C. Reports submitted shall be professionally written in a first-person, active voice. Reports shall be in good grammatical form and shall not contain slang, profanity, colloquial expressions, or insulting racial 4 terminology, except when such language is a quotation and is essential to the investigation, a part of the offense, or related to the deputy’s action. D. The public portion of the report shall contain only the information required therein and shall not contain any information which is privileged or confidential. Information to be restricted includes: 1. Matters relating to investigative techniques or procedure; 2. Opinions or judgments of the deputy; 3. Facts tending to identify suspects or informants; or 4. Information which should be confidential, and which relates to a continuing investigation. 6.17 RESPONSIBILITY FOR INTERNAL INVESTIGATIONS A. FORMAL INVESTIGATIONS: The Internal Affairs Section has the responsibility for investigating allegations of non-criminal misconduct by employees of the BCSO. B. INVESTIGATION OF EMPLOYEES: Employees who have a reason to believe another employee of the BCSO should be investigated shall furnish that information to the Internal Affairs Section giving the details of that belief. C. PRELIMINARY INVESTIGATIONS: Employees shall not conduct any investigation concerning any other employee except when directed to do so by the proper authority. Supervisors may conduct preliminary investigations under the following circumstances: 1. Only to the extent necessary to determine the validity of a complaint or to provide justification for an investigation; or 2. If a violation is occurring and the offender may escape detection if an investigation is delayed. D. See Chapter 14 Internal Affairs & Public Integrity Unit for additional policy information. 6.18 REPORTING NON-COMPLIANCE Employees or individuals who have actual knowledge of, witness, or reasonably perceive any form of non- compliance with law or unethical behavior shall report such behavior as soon as possible, but no later than the close of business on the day of such actual or perceived knowledge, to a supervisor. Employees shall make such report(s) without fear of retaliation regardless of who commits the act or engages in the conduct or behavior. If there is uncertainty as to whether an act constitutes a violation, the concerned individual shall discuss the matter with their supervisor. The BCSO will conduct a prompt and thorough investigation in response to an identified concern. 5 6.19 ABSENCE FROM ASSIGNMENT Employees of the BCSO shall not leave their assigned area of responsibility or duty with the exception of: A. When it’s required in the line of duty; B. Upon authorization of their supervisor; or C. At the end of a scheduled tour of duty. Deputies who are assigned in a position that consists of more than one shift or that requires relief from another deputy shall not leave their post until properly relieved by the following shift’s deputy. Deputies subject to remain in place due to no available relief will remain at their post until properly relieved by another deputy. 6.20 TRAFFIC STOPS OFF DUTY OR NOT IN UNIFORM A. Off-duty deputies, in or out of uniform, shall not engage in traffic stops. In cases involving accidents or where probable cause exists for the offense of Driving While Intoxicated, off-duty deputies should contact dispatch to request an on-duty officer to make the traffic stop or to arrest traffic violators. In no case will a deputy utilize a personally owned vehicle to conduct traffic or other stops of citizens. B. On-duty deputies not in uniform may make traffic stops only when their assignment requires such traffic stops, or if their division commander approves such traffic stops in writing. In such cases, vehicles used in making the traffic stop shall have an emergency light prominently displayed and a siren attached to the vehicles. Otherwise, if there is need to stop a traffic violator, the non-uniformed deputy shall request a uniformed officer to make the traffic stop. 6.21 TRAINING/MAINTAINING CERTIFICATION A. Employees who hold a license regulated by the Texas Commission on Law Enforcement are individually responsible to track and monitor their training to ensure that they meet TCOLE and Texas Legislative mandated training requirements and for maintaining their license’s validity. B. The BCSO Training Academy shall ensure that sufficient iterations of the required classes are made available throughout the year or training cycle to allow employees to meet their training needs. 6.22 ADMINISTRATION A. Command/Supervisory Responsibilities: 1. MAINTAIN BOOKS AND RECORDS: Supervisory deputies shall maintain all books, records, and reports under the supervisory deputy's authority in conformity with BCSO policies and procedures. 2. ENFORCE RULES: Supervisory deputies shall be uniform and impartial in the enforcement of BCSO policies and procedures; the insurance of conformity on the part of command deputies to all orders, directives, and other instructions issued to the employees of the BCSO. 6 3. KEEP INFORMED OF ACTIVITY UNDER COMMAND: Supervisory deputies shall keep informed of all activity which affects their responsibility within the supervision; frequently testing the knowledge of subordinates as to conditions in their posts or as to functions of their assignments. 4. DOCUMENT BRIEFINGS AND INSPECTIONS: Supervisory deputies shall document all inspections and briefings of personnel. 5. COORDINATE ACTIVITIES WITH OTHER UNITS: Command deputies shall keep advised of the operations of other divisions of the BCSO and coordinate the activities of their command with other divisions and sections of the BCSO. B. Chain of Command: All deputies shall familiarize themselves with the command structure of the BCSO and operate within it. C. Communication: All employees shall familiarize themselves with the formal means of communications within the BCSO. 6.23 ABIDE BY LAWS AND BCSO POLICIES AND PROCEDURES A. Employees shall abide by the laws of the United States and the State of Texas, ordinances of the city they are in and Bexar County, as well as the policies and procedures of the BCSO. B. See Chapter 5.01 General Discharge of Duties, 5.44 Violations of Law, 5.45 Bringing Discredit, and 5.46 Immoral Conduct for additional policy regarding this section. 6.24 TRUTHFULNESS OF EMPLOYEES A. Employees shall always speak the truth. Reports and written communications from any employee should also reflect the truth. B. See also Chapter 5.26 Untruthfulness for additional policy regarding this section. 6.25 OBEY LAWFUL ORDERS A. INSUBORDINATION: Defying the authority of any supervisory deputy by obvious disrespect, disputing orders, failure and/or deliberate refusal to obey any lawful order given by them shall be deemed insubordination. B. MANNER OF ISSUING ORDERS: Orders from a supervisor to a subordinate shall be in clear, understandable language, civil in tone, and issued in pursuit of official business. C. UNLAWFUL ORDERS PROHIBITED: No commanding or supervisory deputy shall knowingly or willfully issue any order which is a violation of any law, ordinance, or BCSO policy or procedure. D. CRITICISM OF LAWFUL ORDERS: Employees shall not publicly criticize or comment derogatorily to anyone about instructions or orders they have received from a supervisory deputy. 7 E. CONFLICT OF ORDERS: Should any subordinate receive an order which conflicts with a previous order from another supervisory deputy or with any general order, they shall respectfully call attention to the conflict. If the supervisory deputy giving the conflicting order does not change the same, so as to eliminate the conflict, his order shall stand, and the responsibility shall rest with the supervisor. F. OBEDIENCE TO UNLAWFUL ORDERS NOT REQUIRED: No employee is required to obey an order which is contrary to the laws of the United States, statutes of the State of Texas, ordinances of the city they are in and Bexar County, or BCSO policies and procedures. G. OBEDIENCE TO UNJUST OR IMPROPER ORDERS: Employees who are given orders they feel are unjust or contrary to BCSO policies and procedures must first obey the order to the best of their ability and may then proceed to appeal as provided herein. H. REPORTING UNLAWFUL ORDERS: Any employee who is given any unlawful, unjust, or improper order shall, at the first opportunity, report in writing to the Sheriff or Chief Deputy, through the chain-of- command, the facts of the incident together with their own action. I. APPEALS FROM UNLAWFUL OR UNJUST ORDERS: Employees shall appeal for relief from orders or instructions which are unlawful or unjust. Such appeals must be made in writing to higher authority through the chain-of-command. J. See also Chapter 5.03 Obedience for additional policy regarding this section. 6.26 RESPONSIBILITY TO SERVE THE PUBLIC Employees shall serve the public through direction, counseling, assistance, and protection of life and property. Employees shall also respect the rights of individuals and perform their services with honesty, sincerity, courage, and sound judgment. A. IMPARTIAL ATTITUDE: Employees, while being vigorous and unrelenting in the enforcement of the law, must maintain an impartial attitude toward complainants and violators. Employees shall, at all times, consider it their responsibility to be of service to anyone who may be in danger or distress, regardless of race, color, creed, gender, national origin, sexual preference, or gender identification. B. COURTESY: Employees shall always be courteous, kind, patient, and respectful in dealing with the public, and shall strive to merit the esteem of all law-abiding citizens by an impartial discharge of their official duties. C. CONDUCT AND BEHAVIOR: Employees, on-or off-duty, shall be governed by the ordinary and reasonable rules of good conduct and behavior, and shall not commit any act tending to bring reproach or discredit on themselves or the BCSO. D. DUTY TO IDENTIFY: All employees of the BCSO, when called upon to do so by any person, shall, in a courteous manner, give their name and badge number. E. LAW ENFORCEMENT ACTION WHEN NOT IN UNIFORM: Commissioned peace officers not in uniform, when exerting law enforcement authority, shall identify themselves as a peace officer and state the purpose or reason for their actions. 8 F. NEUTRALITY IN CIVIL ACTIONS: Deputies shall not give aid or assistance in civil cases, except to prevent a breach of the peace or halt a disturbance, unless they are properly trained to do so (e.g. as a member of the Civil Process Unit). Deputies may provide contact information for the Civil Process Unit to individuals seeking further assistance in these matters. Deputies shall not provide legal advice or aid in civil or criminal cases unless they are providing facts in relation to the enforcement of the law and general facts about the operation of the judicial system. G. MAINTENANCE OF COMPETENCY: Employees shall maintain sufficient competency to properly perform their duties and assume the responsibilities of their positions. H. See also Chapter 5.02 Performance of Duties, 5.24 Conduct Unbecoming an Officer, 5.50 Relations with the Public, and 5.51 Requests from the Public for Identification for additional policy regarding this section. 6.27 PHYSICAL HYGIENE AND PSYCHOLOGICAL WELL-BEING Employees shall maintain themselves in good physical and mental condition. A. GOOD PHYSICAL HYGIENE: All employees, by frequent bathing, shall exercise good bodily hygiene and cleanliness. B. MAINTENANCE OF PHYSICAL STANDARDS: All deputies, by regular exercise and moderate living, shall maintain themselves in such a physical condition as to be able to handle strenuous physical contacts or demands required of the active, uniformed officer. C. CHEMICAL DEPENDENCE: No employee shall become physically or mentally dependent upon alcohol or any controlled substance unless administered by a licensed physician. Dependence upon a prescribed drug is not an excuse for being unable to perform any assigned duties. D. CONTROLLED SUBSTANCES: Employees shall neither possess, use, nor distribute any substances regulated by the Controlled Substances Act, except possession related to official law enforcement duties or unless such use or possession is under the direction of a licensed physician. E. EMOTIONAL AND PHYSICAL WELL-BEING: Employees may be required to seek medical or psychological services upon the order of the Sheriff. F. See also Chapter 5.28 Use of Alcohol and 5.29 Use of Narcotics for additional policy regarding this section. 6.28 RELATIONSHIPS WITH CO-WORKERS Employees shall conduct themselves in such a manner so as to bring about the greatest courtesy or understanding and cooperation among the various units of the BCSO. A. MUTUAL RESPECT: Employees shall treat other employees of the BCSO with respect, affording them the response due to them as co-workers. 9 B. COURTESY: Employees shall be courteous, civil, and respectful to their supervisors and co-workers, and shall not use threatening or insulting language, whether on- or off-duty. C. RESPECT TO SUPERVISORY OFFICERS: Employees shall exhibit respect for supervisors at all times. D. SUPPORTING FELLOW EMPLOYEES: Employees shall cooperate, support, and assist each other at every opportunity and shall not publicly criticize the work or the manner of performance of duty of any other employee. E. SUPPORT IN TIME OF DANGER: Employees shall act together and protect one another in a time of danger or under circumstances where danger might reasonably be impending. F. WORKING RELATIONSHIPS: Employees shall abstain from performing any acts or making any statements, oral or written, which are directed at their co-workers with the intent to destroy morale, good order, and working relationships with such co-workers. G. POSITIVE WORK ENVIRONMENT: All employees, including supervisors and other employees who are in a position of authority/seniority, shall work together to create a positive work environment that befits a professional organization. Employees shall not, through verbal/non-verbal conduct, engage in conduct that taunt, intimidates, coerces, threatens, bullies, or hazes another employee to the point that said employee is unable to perform their job. Supervisors shall not, by act or omission, create or allow to exist such an environment. H. See also Chapter 5.02 Performance of Duties, 5.05 Harmony and Cooperation, and 5.07 Derogatory Remarks for additional policy regarding this section. 6.29 CRITICISM OF THE SHERIFF’S OFFICE Employees of the BCSO shall not criticize or ridicule the BCSO, its policies, administrators, or public officials through speech, writings, or other forms of expression. A. DEFAMATORY: Employees shall not use speech, writing, or other forms of expression that are defamatory, obscene, or unlawful. B. UNDERMINES EFFECTIVENESS OF THE BCSO: Employees shall not use speech, writings, or others forms of expression that tend to interfere with or undermine the effectiveness of the BCSO to provide public services. C. INTERFERENCE WITH DISCIPLINE: Employees shall not use speech, writing, or other forms of expression that tend to interfere with the maintenance of proper discipline. D. AFFECTS PUBLIC CONFIDENCE: Employees shall not use speech, writing, or other forms of expression that tend to adversely affect the public's confidence in the integrity of the BCSO and/or its deputies and civilian employees. E. DAMAGES REPUTATION OF THE BCSO: Employees shall not use speech, writing, or other forms of expression that damage or impair the reputation or efficiency of the BCSO. 10 F. DISREGARDS THE TRUTH: Employees shall not use speech, writing, or other forms of expression that are made with negligent disregard for the truth. G. See also Chapter 5.07 Derogatory Remarks and Chapter 5.08 Criticism of Official Acts for additional policy regarding this section. 6.30 UNAUTHORIZED RELEASE OF INFORMATION A. PROGRESS OF INVESTIGATION: No employee of the BCSO shall make known any information concerning the progress of an investigation or proposed action against a known or reported law violation or condition, or any proposed law enforcement action of any type, to persons not authorized to receive it. B. RELEASE OF PUBLIC STATEMENT: Employees shall not present themselves as representing the BCSO in any matter unless delegated or authorized to do so by a supervisor. C. PUBLIC ADDRESS OR WRITING FOR PUBLICATION: No employee of the BCSO shall make a public address or write for publication concerning the affairs of the BCSO without the consent of the Sheriff or designee. D. STATEMENTS OF POLICY, ORGANIZATION, AND DISCIPLINARY ACTION: Statements of policy, information regarding changes in organization, or disciplinary action will be made from the Sheriff or designee, and no employee of the BCSO, unless specifically authorized, will discuss such matters with others. E. RELATIONSHIP WITH ATTORNEY, BONDSMAN, OR AGENT: It is forbidden to give information about any prisoner in confinement to any attorney, bondsman, the agent of either, or any other person not authorized to receive it. F. RECOMMENDATION OF ATTORNEY OR AGENT: No employee shall recommend to any person the name or names of any attorney, counselor, or bondsman. G. See also Chapter 5.06 Statement Concerning the Sheriff’s Office, 5.09 Unauthorized Release of Information, 5.22 Attorney and Bondsmen, and Chapter 39 Media and Public Relations for additional policy regarding this section. 6.31 INFORMATION ON BULLETIN, COUNTY EMAIL, AND POWERDMS A. Employees are responsible for reading the Daily Bulletin at the beginning of their tour of duty. B. Employees shall read their County email at the beginning of their tour of duty and are strongly encouraged to check their County email at the end of their tour of duty. Additionally, personnel returning to duty after any absence shall read their County email prior to returning to duty. C. Employees shall remain current on any items sent through PowerDMS and will sign off on all policies, directives, memoranda, etc. in a timely manner. Personnel returning to duty after any absence shall read and sign off on all policies, directives, and memoranda published during their absence, prior to returning to duty. 11 6.32 CURRENT ADDRESS AND PHONE NUMBER All employees shall report to their immediate supervisor and to the Sheriff’s Administration to include the BCSO Human Resources Office, any change of address and/or phone number within two (2) working days. Employees shall have a working phone available to them. Employees may rely on a mobile phone as a means of being contacted by the BCSO, standby and/or call-back purposes. 6.33 USE OF INTOXICANTS A. DRINKING ON-DUTY: Employees shall not drink intoxicating beverages while on duty. No employee shall report for duty exhibiting the odor of intoxicants, or any of the elements or appearance of intoxication. Deputies shall not drink intoxicating beverages within eight (8) hours of their next duty assignment shift start time. The exception shall be for an employee to accomplish a specific law enforcement assignment or mission, when approved by a supervisor. B. INTOXICATION: Employees shall not, at any time, be intoxicated while on duty. Employees shall not be intoxicated while in public view. No employee, while off-duty, shall drink intoxicating beverages to an extent which renders them unfit to report for duty. Deputies who are legally prescribed medications that have a sedative or intoxicating effect shall not be under their influence during duty hours except for those deputies that are on light duty, not carrying firearms, not operating County vehicles, and only if medically necessary as determined by the deputies’ prescribing physician. C. ALCOHOLIC BEVERAGES ON OFFICIAL PREMISES: Intoxicants in any form will not be brought into any county facility, including county vehicles, except when approved by a supervisor; except when related to official police duties. D. CONSUMPTION OF ALCOHOLIC BEVERAGES IN UNIFORM: No deputy shall drink intoxicants in uniform regardless of their duty status. E. See also Chapter 5.28 Use of Alcohol and 5.29 Use of Narcotics for additional policy regarding this section. 6.34 USE OF TOBACCO A. Employees shall refrain from the use of tobacco or e-cigarette/vaping device in any form while in direct contact with the public, inside of a BCSO/County facility, or inside of a County vehicle. B. See also Chapter 5.30 Use of Tobacco Products for additional policy regarding this section. 6.35 VEHICLE OPERATOR’S LICENSE Every deputy is responsible for having in their possession a valid vehicle operator’s license. This will also apply to any civilian employee whose duty assignment includes the operation of County vehicles. 6.36 FINANCIAL OBLIGATION A. No employee in a supervisory position shall place themselves under financial obligation to a subordinate, nor shall a supervisor solicit a subordinate as a co-maker or endorser of any note or 12 obligation. This does not include married couples in which one partner occupies a position of rank and their partner who occupies a lower rank in the BCSO. B. Obligation of funds or financial liability shall not be incurred in the name of the BCSO or Bexar County by any employee unless authorized by the Sheriff pursuant to an approved purpose. 6.37 GRATUITIES, LOANS, AND SOLICITATIONS A. ACCEPTING GIFTS: Employees shall not receive from inmates, prisoners, persons recently released from custody, persons suspected of criminal activity, nor their representatives, either directly or indirectly, any tangible or intangible property, whether it is a gift or the result of a purchase or trade. B. BORROWING: Employees shall not borrow anything of value from any person or persons known or suspected to be engaged in criminal activity. C. SOLICITATIONS: Employees will not solicit funds for the benefit of any employee, the BCSO, or any other public or private agency without the written authority of the Sheriff. D. See also Chapter 5.23 Soliciting Rewards or Gratuities for additional policy regarding this section. 6.38 ACCEPTING REWARDS A. Employees shall not accept any reward of money, or fee, or compensation of any type for any service rendered in the performance of duty other than the salary or stipends given by the County or other branch of government. This does not include compensation received by deputies who are engaged in authorized outside employment as an extension of police services. B. See also Chapter 5.23 Soliciting Rewards or Gratuities for additional policy regarding this section. 6.39 OUTSIDE EMPLOYMENT A. PERMISSION REQUIRED: Employees of the BCSO shall not engage in any outside employment, nor own, operate, or have any financial interest in any business activity without the approval of the Sheriff. B. OBEY LAWS: Deputies engaged in performing law enforcement duties in outside employment, whether in uniform or civilian clothes, must enforce all applicable laws as though on-duty for the BCSO. C. SUBJECT TO BCSO POLICY AND PROCEDURE: Deputies engaged in outside employment shall conduct themselves as though they were on duty and shall be subject to the policies and procedures of the BCSO. D. See also Chapter 30 Outside Employment additional policy regarding this section. 13 6.40 COUNTY EQUIPMENT/PROPERTY A. IMPROPER OR NEGLIGENT HANDLING: Improper or negligent handling of any County property or willful damage to County property is prohibited. B. LOSS THROUGH NEGLIGENCE: Deputies losing their badges, firearms, or other County equipment through negligence or carelessness may be obligated to pay for the replacement cost or an amount determined by the degree of negligence on the part of the deputy. Loss or damage to County property occurring while the employee is acting properly in the line of duty, or in a burglary of their home, is not classified as negligence. Employees shall remove all portable County issued equipment from any vehicle when the vehicle is parked or secured overnight. A deputy may be found negligent if they leave County issued equipment in any vehicle and the property is stolen, as a result of a burglary of that vehicle. C. SAFE OPERATION OF VEHICLES: County vehicles will be operated in a safe manner and in compliance with all traffic laws. D. INVENTORIED COUNTY PROPERTY: Inventoried County property, which includes County vehicles, shall not be used by any employee of the BCSO without the knowledge and permission of the person responsible for said equipment or vehicle. E. WASTE OR CONVERSION: Employees shall not willfully waste or convert to their own use any County owned supplies, equipment, or services. F. REPORTING MALFUNCTION: Employees shall immediately report any malfunction or need of repairs of any County property used by the employee, or which may be under their control. G. ALTERING ACCESSORIES: Employees shall not alter, deface, or in any way change any part or accessory of any County property. This does not include members of the Firearm Training Unit in the course of their authorized duties. H. MAINTAINING NEAT, CLEAN, AND ORDERLY CONDITION: Employees shall maintain offices and vehicles used by them in a neat, clean, and orderly condition. I. See also Chapter 5.35 Care of County Property and Equipment, 5.36 Misappropriation of County Property and Equipment, 5.37 Operation of County Motor Vehicles, 5.38 Use of County Motor Vehicles, 5.39 Damage or Crashes Involving County Motor Vehicles, 5.42 Issued Gasoline Cards, and 5.43 County Property to be Returned for additional policy regarding this section. 6.41 EMPLOYEE ILLNESS A. NOTICE OF SICK LEAVE: Notice that an employee is sick or injured and cannot report for duty will be made to their immediate supervisor or designee. B. FEIGNING ILLNESS OR INJURY: No employee shall feign illness or injury. C. ILLNESS WHILE ON-DUTY: When an employee becomes sick while on-duty to the extent that they must leave their duty station, they shall immediately notify their supervisor. 14 D. RESTRICTIONS ON ACTIVITIES WHILE SICK, INJURED, OR ON LIGHT-DUTY/ADMINISTRATITVE-DUTY: 1. REMAIN AT RESIDENCE: Employees, while on sick or injured leave, shall remain at their place of residence unless it is necessary for them to go to a doctor, hospital, or pharmacy. If for medical reasons it should be necessary for a sick or injured employee to stay at some location other than their residence, they must immediately notify their supervisor who shall ensure the new temporary address is made a matter of record. 2. NO EXTRA EMPLOYMENT: Employees shall not engage in outside employment while on sick or injured leave. Employees, after having been out on sick or injured leave, must complete one regular tour of duty before engaging in any outside employment. 3. LIGHT OR ADMINISTRATIVE-DUTY STATUS: Employees on light-duty or Administrative-duty status shall not engage in any off-duty employment. E. See also Chapter 4.08 Attendance, 5.60 Illness or Injury, and 5.61 County Personnel Rules on Employees Out Injured/Illness for additional policy regarding this section. 6.42 NEGOTIATIONS ON BEHALF OF SUSPECT A. PARTICIPATE IN ARRANGEMENT: Employees shall not participate in any arrangement between the suspect and the person who has allegedly suffered by the suspect's act which would result in the criminal escaping the penalty of the law, nor shall any employee seek the continuance or dismissal of any case on behalf of the defendant in court for any reason. B. PROMISES: Employees shall not make promises that cannot be fulfilled. 6.43 TREATMENT OF PRISONERS A. Prisoners shall be protected in their legal rights, given humane treatment, and shall not be subjected to verbal abuse or unnecessary physical violence. B. See Chapter 12 Prisoners for additional policy regarding this section. 6.44 GIVING INFORMATION IN INTERNAL INVESTIGATIONS A. DUTY TO GIVE INFORMATION: An employee shall, when requested, answer questions, render statements, or surrender material relevant to an Internal Affairs or Public Integrity Unit investigation. B. GARRITY WARNING: Any employee who is the subject of an Internal Affairs or Public Integrity Unit investigation gives a written report; provided they are advised: 1. The report is for internal BCSO purposes only; 2. The report will not be used against them in any subsequent criminal investigation or prosecution; and 15 3. Should they fail to give a written report, a lawful order to do so will be given, and failure to follow such an order will result in disciplinary action. C. See also Chapter 5.15 Official Administrative Inquiries for additional policy regarding this section. 6.45 RESPONSIBILITY TO KNOW LAWS AND PROCEDURES A. LAWS AND ORDINANCES: Peace officers shall learn and thoroughly understand the laws and ordinances which they are charged with enforcing. B. WRITTEN DIRECTIVES: Employees shall familiarize themselves with all written directives which are published by the BCSO and which affect their assignment. C. PENALTY FOR VIOLATIONS: Violation of any lawfully adopted BCSO policy or procedure by any employee who is subject to the same, shall be sufficient cause for suspension or termination in accordance with applicable law and Sheriff’s Civil Service Commission procedure, whether the policy or procedure is part of the originally promulgated policies or procedures, or is contained in a subsequent memoranda, directive, or other addition/revision to the policies and procedures. D. LACK OF KNOWLEDGE: Lack of knowledge of such policies and procedures shall never be a defense to any disciplinary action, if said policies and procedures have been disseminated or posted and if the employee has had a reasonable opportunity to become familiar with their contents. 6.46 SOLICITING SPECIAL PRIVILEGES A. FOR PERSONAL GAIN: Employees shall not use their official position to solicit special privileges for themselves or others. B. SOLICITING CITIZENS' PETITION: Employees shall not request the aid of any citizen to have them transferred within the BCSO from one classification of work to another, nor to have them transferred from one assignment to another. 6.47 CONSORTING WITH PERSONS OF ILL-REPUTE A. Employees shall limit their personal and professional associations to persons of good character and whose reputations are beyond reproach. B. Employees shall not associate with known or suspected criminals where said associations do or tend to bring the BCSO and/or the employee into disrepute. Generally, familial associations are not prohibited by this rule. However, where an association is with a family member who still engages in criminal activity, or where the association does or tends to further criminal conduct on the part of the family member, those associations are prohibited. Associations with known or suspected criminals in furtherance of a deputy's assigned and authorized law enforcement objective or during the course of an employee’s assigned duties are not prohibited by this rule. C. See Chapter 5.53 Persons in Custody and 5.54 Consorting with Person of Questionable Character for additional policy regarding this section. 16 6.48 DISPLAYING OR DISCHARGING FIREARMS A. DISCHARGING FIREARMS: Deputies may discharge firearms in the following circumstances only: 1. At target practice; 2. To destroy an animal in conformance with BCSO procedures (Chapter 9.11 Deadly Force Against Animals); 3. In defense of one's life or the life of another; or 4. To hunt wild game, while properly licensed and in conformance with state law. B. REPORT REQUIRED: Any deputy discharging a weapon accidentally or intentionally, except on the target range or while lawfully hunting wild game, shall immediately report the incident, in writing, to their immediate supervisor. C. See also Chapter 5.27 Possession of Firearms, Chapter 9 Use of Force, and Chapter 8 Firearms and Training for additional policy regarding this section. 6.49 ACTIVITIES OF AN EMPLOYEE UNDER SUSPENSION A. PROHIBITED ACTIVITIES: Deputies, while under suspension, shall not: 1. Wear the BCSO uniform or any part of the uniform; 2. Represent themselves as employees of the BCSO; 3. Carry or display their BCSO badge or identification; 4. Engage in outside employment which requires an extension of law enforcement services; nor any form of outside employment prohibited by existing BCSO procedures governing outside employment; or 5. Exercise the power or authority of a commissioned peace officer of the Bexar County Sheriff’s Office and Bexar County, Texas. B. RIGHTS AND PRIVILEGES: Deputies, while under suspension, have only the rights and privileges afforded a private citizen regarding the carrying of any weapon. 6.50 ARRESTS IN PERSONAL QUARRELS A. Deputies, while on or off-duty, shall not make arrests in quarrels in which they are personally involved or those in which their families are involved, except when immediately necessary to prevent bodily injury or death. B. See also Chapter 5.59 Personal Quarrels for additional policy regarding this section. 17 6.51 REPORT AN ARREST, CRIMINAL CHARGE, OR INDICTMENT Any employee arrested, charged with, or indicted for a state criminal offense, in any state, which is the level of a class C misdemeanor or above (excluding Class C misdemeanor traffic offenses), or for a federal criminal offense, must immediately provide the Sheriff or designee with written notification of such incident. The employee must provide the Sheriff or designee with the name of the arresting agency, a description of the nature of the charges, and the style, court and cause number of the charge or indictment, if any. Deputies must provide, at a minimum, verbal notice to their immediate supervisor anytime the deputy is issued a citation for a Class C misdemeanor traffic offense. 6.52 SEXUAL CONDUCT PROHIBITED A. Employees (sworn and civilian) are prohibited from engaging in sexual conduct while: 1. On-duty; 2. In uniform; 3. Working off-duty (as an extension of law enforcement services); 4. Officially representing the BCSO; 5. In a mentoring capacity (including, but not limited to: direct supervision, D.T.O. /P.T.O., Academy Instructor, Explorer Advisor/Mentor, etc.); or 6. Using their position with the BCSO in any capacity. B. Sexual Conduct is defined in accordance with Texas Penal Code Section 21.01 (1) (2) (3), 21.07 (a) (1) (2) (3) (4) and 21.08 (a). 6.53 COOPERATION WITH OTHER AGENCIES A. Employees shall cooperate with all agencies engaged in the administration of criminal justice and other public departments, giving to each all aid and information they might be entitled to receive. B. See also Chapter 5.52 Relations with Other Law Enforcement Officials for additional policy regarding this section. 6.54 RELATIONS WITH NEWS MEDIA Employees shall be open, honest, and cooperative with members of the news media, whenever possible, provided such actions are consistent with the statutes of the State of Texas and with Chapter 39 Media and Public Relations. 18