Miami-Dade Corrections DSOP: Document System 2012 PDF

MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT DSOP: Document VOLUME: DM YEAR: 2012 VERSION: 1 System SUBJECT: DEPARTMENT’S DOCUMENT SYSTEM EFFECTIVE DATE:...

MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT DSOP: Document VOLUME: DM YEAR: 2012 VERSION: 1 System SUBJECT: DEPARTMENT’S DOCUMENT SYSTEM EFFECTIVE DATE: July 11, 2012 SUPERSEDES: December 18, 2001 MODIFICATIONS: All Pages TABLE OF CONTENTS I. POLICY II. DEFINITIONS III. PROCEDURES IV. DOCUMENT DESCRIPTIONS A. Policy Statements B. Department Standard Operating Procedure C. Departmental Manual D. Standard Operating Procedure E. Post Order F. Procedural Directive G. Memorandums V. DOCUMENT DEVELOPMENT A. Department Standard Operating Procedure VI. CONTROL NUMBERS VII. DISSEMINATION A. Distribution Lists B. Employee Responsibility and Accountability VIII. MASTER FILES IX. ACCREDITATION X. PRECEDENCE OF LAWS AND DIRECTIVES XI. CROSS REFERENCES XII. RELATED REFERENCES XIII. ACCREDITATION STANDARDS XIV. REVOCATIONS I. POLICY It is the policy of the Miami-Dade Corrections and Rehabilitation Department (MDCR) to utilize manuals, directives, memorandums in order to specify its objectives, limitations, policies, procedures, programs, and services. Page 1 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT DSOP: Document VOLUME: DM YEAR: 2012 VERSION: 1 System SUBJECT: DEPARTMENT’S DOCUMENT SYSTEM II. DEFINITIONS Department Miami-Dade Corrections and Rehabilitation Department (MDCR) Departmental Standard Operating Procedure (DSOP) Departmental Standard Operating Procedures (DSOP) are written orders and directives that facilitate the implementation of all applicable laws, rules, regulations, standards and policy statements that govern the systems and practices used in the management of MDCR. The subject matter contains both the Department’s policy and the implementation procedures for that specific subject. It is as detailed as necessary, while continuing to maintain department-wide application. Digital Versatile Disc (DVD) DVD is an optical disc storage format. Division An organizational component comprised of facilities and/or bureaus within MDCR. Facility Supervisor A sworn officer responsible for overall management and operation of a detention facility. Standard Operating Procedures (SOP) A procedure is a method of performing an operation, or is a manner of proceeding on a course of action. It differs from a policy in that it directs action in a particular situation to perform a specific task within the guidelines of a policy. III. PROCEDURES The MDCR Director, through the efforts of staff assigned to the Policy and Planning Bureau (PPB), addresses all DSOP within the manual to ensure that the policies remain appropriate and continue to contribute to the effectiveness of professional services. The PPB is responsible for the annual review, revision, development, and distribution of all DSOP. Page 2 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT DSOP: Document VOLUME: DM YEAR: 2012 VERSION: 1 System SUBJECT: DEPARTMENT’S DOCUMENT SYSTEM A DSOP apply to, and are available for all MDCR staff to ensure compliance with and consistency in operations. Efficient management of resources and supervision is facilitated when all personnel understand how operations are conducted and have available to them expectations and definitions of organizational activities and personnel behavior. The Director is the only person with authority to issue subordinate directives that affect every departmental element. Assistant Directors have the authority to issue subordinate directives to divisions and to organizational elements under their command. Division Chiefs have authority to issue subordinate directives to bureau’s and organizational elements under their command. Bureau Commanders, Facility Supervisors, and section supervisors have similar authority. No MDCR staff directive shall conflict with a MDCR DSOP. IV. DOCUMENT DESCRIPTIONS The following descriptions explain specific areas of responsibility for the design and implementation of the following documents. A. POLICY STATEMENTS 1. Policy statements consist of principles and values that guide the performance of a departmental activity. A policy is not a statement of what to do in a particular situation. It is a statement of guiding principles to follow in attaining departmental objectives and goals. MDCR bases policy statements on ethics and experience, the desires of the community, and the mandates of law; 2. Policy statements provide a mechanism for the expression of departmental philosophy on concepts and topics that arise from time to time and are designed to augment all relevant laws, rules, regulations, and standards that govern the systems and practices used in the administration of MDCR. This management tool allows for flexibility in interpretation and implementation; 3. The MDCR Director issues policy statements, which are included in the development of DSOP. Page 3 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT DSOP: Document VOLUME: DM YEAR: 2012 VERSION: 1 System SUBJECT: DEPARTMENT’S DOCUMENT SYSTEM B. DEPARTMENTAL STANDARD OPERATING PROCEDURE A procedure is a method of performing an operation, or is a manner of proceeding on a course of action. It differs from a policy in that it directs action in a particular situation to perform a specific task within the guidelines of a policy. 1. DSOP are written orders and directives that facilitate the implementation of all applicable laws, rules, regulations, standards and policy statements that govern the systems and practices used in the management of MDCR. The subject matter contains both the MDCR policy and the implementation procedures for that specific subject. It is applicable department-wide; 2. The MDCR Director, through the PPB, shall review and approve all modified and newly issued DSOP prior to being placed in effect; 3. All DSOP’s are readily accessible by all staff in binders at the facility/bureau/entity level, which shall be reviewed annually, and updated as needed. C. DEPARTMENTAL MANUAL The MDCR Manual contains: Volume 1-Departmental Policies; Volume 2-Rules; Volume 3-Organization; and DSOP in Volumes 4-25. MDCR arranges DSOP Volumes 4–25 in subject matter groups that correspond to the subjects mandated by the American Correctional Association’s (ACA), Florida Corrections Accreditation Commission (FCAC) and Florida Model Jail Standards (FMJS). The PPB is responsible for compilation, production, maintenance, and dissemination of the MDCR manual, analytical reports, and other directives, which affect organizational elements. D. STANDARD OPERATING PROCEDURE Every facility/bureau/unit (including major administrative or specialized units) shall have Standard Operating Procedures (SOP), which are written procedures specific to that facility/bureau/unit. SOP enable implementation of departmental laws, rules, regulations, standards, policy statements and DSOP at the facility/bureau/unit level. These procedures are more specific in nature than DSOP and refer specifically to the related procedures required to implement the Page 4 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT DSOP: Document VOLUME: DM YEAR: 2012 VERSION: 1 System SUBJECT: DEPARTMENT’S DOCUMENT SYSTEM DSOP at that particular facility/bureau/unit level. The Facility/Bureau Supervisor shall review and approve all modified and newly issued SOP prior to them being placed in effect. 1. Supervisors within MDCR entities are responsible for developing, submitting, and forwarding new and revised SOP through the chain of command for approval by the respective Division Chief. Subsequently, the SOP shall be sent to the PPB for archiving. Employee input shall be included in the formulation and revision of SOP; 2. All SOP shall be readily accessible to all staff in binders at the facility/bureau/entity level and shall be reviewed annually and updated as needed; 3. The Division Chief is the final approving authority. E. POST ORDER (PO) A PO describes specific instructions that enable staff to determine how, what, when and by whom specific orders, duties, or assignments, required by a DSOP, SOP and Procedural Directive (PD) shall be implemented and executed. 1. PO are mandatory for all positions, posts, and assignments and shall be reviewed annually by the Facility/Bureau Supervisor; 2. The development and format of a PO is the same as that utilized for a SOP. F. PROCEDURAL DIRECTIVE (PD) A PD is a written directive that enables supervisors to convey information or implement procedures in an expeditious manner when time constraints do not permit for full development of a procedure in accordance with this DSOP. 1. A PD is generally temporary, and remain in effect until the contents are incorporated into a permanent DSOP or until the time frame stipulated in the directive expires; 2. A PD may be issued at MDCR, division, facility, bureau, section, or unit level; Page 5 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT DSOP: Document VOLUME: DM YEAR: 2012 VERSION: 1 System SUBJECT: DEPARTMENT’S DOCUMENT SYSTEM 3. The PD format shall be the same as a standard memorandum format; 4. Each PD issued shall be numbered by the issuing facility/bureau/unit using an indexing system specific to the year it was issued. PD shall define the DSOP, SOP or PO that it is updating; 5. PD shall be incorporated into the respective DSOP, SOP or PD in a newly issued version of the respective policy within the same calendar year it was issued, and shall be purged from circulation upon incorporation. G. MEMORANDUMS Memorandums may originate from a unit supervisor or higher authority in the chain of command and have the force and shall provide information action commensurate with the signer’s rank position. 1. Personnel Action Memorandums that are of general interest, e.g., promotions, retirements. Additionally, it may also cover such specifics as vacation schedules, changes in holiday, schedules, training classes, and similar general topics. 2. General Information Memorandums that provide information for employees wishing to communicate information to others. The employee is responsible for producing the memorandum. V. DOCUMENT DEVELOPMENT All documents (DSOP, SOP, PO, PD) developed, revised, merged or purged that affect the operation of MDCR at the division, bureau/facility, or unit level shall be forwarded through the chain of command for review and approval before implementation. A. DEPARTMENTAL STANDARD OPERATING PROCEDURE (DSOP) DSOP shall be reviewed by the PPB Commander and forwarded to his/her respective division chief. The PPB Commander’s responsibilities include: Page 6 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT DSOP: Document VOLUME: DM YEAR: 2012 VERSION: 1 System SUBJECT: DEPARTMENT’S DOCUMENT SYSTEM 1. Reviewing the document to ensure the content of the DSOP is consistent with all applicable laws, codes, standards, procedures, guidelines, and departmental mission; 2. Incorporating language from applicable directives into the revision of an existing or new DSOP; 3. Filing the document in the MDCR DSOP archives maintained by the PPB; 4. Reviewing the document and returning it to the unit of origin for additional considerations, or forwarding it to the appropriate Assistant Director for review and approval. This includes documents requiring review, approval, and signature of the Director: a. After the Assistant Director has reviewed the document requiring the Director’s signature, the document is forwarded to the Director for review and approval; b. After the document receives the necessary approval and/or signature, the PPB returns a copy to its point of origin for implementation. The original remains in the PPB DSOP archives; c. The PPB shall coordinate and assist the Director, Deputy Director, Assistant Director or other command staff in the development or revision of DSOP, SOP, PO and PD. As departmental re-organizations occur, the PPB shall provide assistance in the development of new/revised SOP, PO, and PD to MDCR entities, as soon as practicable. VI. CONTROL NUMBERS The PPB is responsible for assigning a MDCR control number for all policy statements and DSOP. All MDCR entities (division, bureau/facility, section, or unit) that initiate a PD, as defined and approved above, are responsible for assigning it a control number, e.g., 90-001. The first numbers represent the appropriate year, e.g., 10, 11, 12, etc. The next series of numbers is issued in sequence and represent the number of the directive issued for that year, e.g., 001, 002, 003, 004, etc. Therefore, 12-010 is the Page 7 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT DSOP: Document VOLUME: DM YEAR: 2012 VERSION: 1 System SUBJECT: DEPARTMENT’S DOCUMENT SYSTEM identity of a PD issued in 2010; and it was the first one issued in that year. PPB shall maintain a complete index of all PD generated. VII. DISSEMINATION MDCR systematically develops and disseminates policies and related procedures, rules and regulations. PPB is responsible for the electronic and copy dissemination of the MDCR procedural revisions in accordance with accreditation standards. All DSOP and PD that affect all departmental entities, shall be posted on CRNET, MDCR internal policy indexing system, which shall be backed up on a continual basis. The original DSOP or PD hardcopy shall be maintained in PPB annual archive files. Newly hired employees shall be provided with a DVD containing the DSOP manual and shall acknowledge receipt in writing. Thereafter, all revisions are provided to employees through an electronic acknowledgement system operated b y the PPB. New and revised DSOP, SOP, and PO shall be disseminated prior to implementation. These shall also be provided to volunteers, contractual personnel and inmates. MDCR policy review software generates a read/acknowledgement receipt that each employee has received, read, and MDCR acknowledges receipt of the document being distributed. A. DISTRIBUTION LISTS All intra-departmental correspondence shall be prepared and distributed as follows: 1. Distribution A – Command Staff Personnel Ranks under this Distribution includes: a. Director; b. Deputy Director; c. Assistant Directors; Page 8 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT DSOP: Document VOLUME: DM YEAR: 2012 VERSION: 1 System SUBJECT: DEPARTMENT’S DOCUMENT SYSTEM d. Division Chiefs; e. Facility Supervisors/Bureau Commanders; f. Offices reporting to the Director; g. Executive Lieutenants; h. Administrative Sergeants. 2. Distribution B All sworn supervisory personnel 3. Distribution B+ All supervisory personnel (sworn and civilian) 4. Distribution D All departmental employees B. EMPLOYEE RESPONSIBILITY AND ACCOUNTABILITY MDCR staff are responsible and accountable for compliance with Florida State Statutes, Miami-Dade County Administrative Orders, Miami-Dade County Procedures and applicable MDCR policies, procedures and directives. Dissemination of relevant departmental documents to appropriate parties ensures accountability. Newly hired employees shall acknowledge in writing that they have received, reviewed, and understand the contents of all DSOP, SOP and PO prior to job assignment. A copy of the signed acknowledgment shall be placed in the employee’s unit assignment file. Page 9 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT DSOP: Document VOLUME: DM YEAR: 2012 VERSION: 1 System SUBJECT: DEPARTMENT’S DOCUMENT SYSTEM VIII. MASTER FILES The PPB shall maintain computerized documentation, hard copies of current procedures, all original copies of all departmental directives, and the DSOP signed by the Director. IX. ACCREDITATION All MDCR documents shall be current for accreditation and inspection purposes. Accreditation is a system used to ensure that correctional agencies comply with nationally recognized standards. X. PRECEDENCE OF LAWS AND DIRECTIVES MDCR develops directives to comply with federal law, Florida Statutes; and Miami- Dade County ordinances, procedures, codes, resolutions and orders. Conflicts are resolved in favor of the superior directive as outline below: A. Listed below are superior directives in descending order of precedence: 1. Federal; 2. State; 3. County ordinances; 4. County resolutions; 5. County rules; 6. DSOP and Rules. B. Subordinate directives may be developed by: 1. Deputy Director; 2. Assistant Directors; Page 10 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT DSOP: Document VOLUME: DM YEAR: 2012 VERSION: 1 System SUBJECT: DEPARTMENT’S DOCUMENT SYSTEM 3. Division Chiefs; 4. Facility/Bureau Supervisors. C. Policy writers e.g., legal documents and writers in the Policy Development Unit of the PPB rely upon the following sources: 1. United States Constitution; 2. Federal laws; 3. Federal, state and local codes; 4. Rules (evidentiary); 5. Regulations; 6. National standards (American Correctional Association, National Fire Protection Association, Life Safety Code, Occupational Safety and Health Association); 7. Miami-Dade County ordinances, FCAC, procedures, codes, resolutions, and orders. XI. CROSS REFERENCES None XII. RELATED REFERENCES None XIII. ACCREDITATION STANDARDS ACA 2010 4-ALDF-7D-06, 4-ALDF-7D-08; 2-CO-1A-5 and 2-CO-1A-16 to 17 & 2010 Supplement FCAC 2012 2.01 to 2.04 Page 11 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT DSOP: Document VOLUME: DM YEAR: 2012 VERSION: 1 System SUBJECT: DEPARTMENT’S DOCUMENT SYSTEM XIV. REVOCATIONS Procedural Directive D05-013 titled “Revisions to Volume No. DM “Document System” dated April 12, 2005 Any language in a DSOP, Procedural Directive, Standard Operating Procedure, Post Order, and/or written correspondence that conflicts with this policy is hereby revoked. FORMS/SUPPORTING DOCUMENTS Departmental Standard Operating Procedure Format (Sample) Standard Operating Procedure Format Post Order Format Page 12 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 1 DSOP: VOLUME 1 YEAR: 2012 VERSION: 1 SUBJECT: DEPARTMENTAL STANDARDS EFFECTIVE DATE: December 6, 2012 SUPERSEDES: May 10, 2010 MODIFICATIONS: All Pages TABLE OF CONTENTS I. DEPARTMENTAL STANDARDS II. CROSS REFERENCES III. RELATED REFERENCES IV. ACCREDITATION STANDARDS V. REVOCATIONS I. DEPARTMENTAL STANDARDS 1.1.001 MISSION STATEMENT We, the Miami-Dade Corrections and Rehabilitation Department (MDCR), serve our community by providing safe, secure, and humane detention of individuals in our custody while preparing them for a successful return to the community. 1.1.002 VISION STATEMENT We envision a unified work force of progressive, dedicated professionals grounded in service, integrity, and pride who strive to provide caring and compassionate services to those entrusted to our care and to protect the public we serve. 1.1.003 CORE VALUES (THE 4Cs) Contact - We will strive to be compassionate and courteous to all persons with whom we come in contact. We understand that our profession is one of service and we will be responsive to the changing needs of our community. Conduct - We will be responsible for our conduct, both professionally and personally. We will be diligent, honest, fair, and show strength of character. We hold ourselves to be accountable to the highest standards of ethical conduct and strive to be role models for all. Commitment - With confidence and pride in ourselves, we are committed to protect the rights of all persons equally. We recognize the trust placed in us by the public Page 1 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 1 DSOP: VOLUME 1 YEAR: 2012 VERSION: 1 SUBJECT: DEPARTMENTAL STANDARDS and we accept that responsibility. We are devoted to providing quality service and will strive to remain effective, efficient, and responsive to the changing needs of our community. Custody - We commit ourselves to protecting our community by providing secure housing of persons placed under the supervision of our Department. We will accomplish this through constant vigilance and compliance with policies, standards and procedures. 1.1.004 CORRECTIONAL OFFICER OATH OF OFFICE I do solemnly swear or affirm that I will support, protect and defend the Constitution and Government of the United States and of the State of Florida, and that I will well and faithfully perform the duties of a Correctional Officer of the Miami-Dade Corrections and Rehabilitation Department of which I am now about to enter, so help me God. 1.1.005 CORRECTIONAL OFFICER CODE OF ETHICS As a Correctional Officer my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the constitutional rights of all persons to liberty, equality, and justice. I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my Department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities. I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the correctional service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession as a Correctional Officer. 1.1.006 AMERICAN CORRECTIONAL ASSOCIATION CODE OF ETHICS MDCR strives to meet and uphold the American Correctional Association's Code of Page 2 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 1 DSOP: VOLUME 1 YEAR: 2012 VERSION: 1 SUBJECT: DEPARTMENTAL STANDARDS Ethics, which is: PREAMBLE The American Correctional Association expects of its members unfailing honesty, respect for the dignity and individuality of human beings, and a commitment to professional and compassionate service. To this end, we subscribe to the following principles. 1. Members shall respect and protect the civil and legal rights of all individuals; 2. Members shall treat every professional situation with concern for the welfare of the individuals involved and with no intent of personal gain; 3. Members shall maintain relationships with colleagues to promote mutual respect within the profession and improve the quality of service; 4. Members shall make public criticism of their colleagues or their agencies only when warranted, verifiable, and constructive; 5. Members shall respect the importance of all disciplines within the criminal justice system and work to improve cooperation with each segment; 6. Members shall honor the public's right to information and share information with the public to the extent permitted by law subject to individuals’ right to privacy; 7. Members shall respect and protect the right of the public to be safeguarded from criminal activity; 8. Members shall refrain from using their positions to secure personal privileges or advantages; 9. Members shall refrain from allowing personal interest to impair objectivity in the performance of duty while acting in an official capacity; 10. Members shall refrain from entering into any formal or informal activity or agreement which presents a conflict of interest or is inconsistent with the conscientious performance of duties; 11. Members shall refrain from accepting any gifts, services, or favors that are or appear to be improper or imply an obligation inconsistent with the free and objective exercise of professional duties; 12. Members shall clearly differentiate between personal views/statements and views/statements/positions made on behalf of the agency or Association; Page 3 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 1 DSOP: VOLUME 1 YEAR: 2012 VERSION: 1 SUBJECT: DEPARTMENTAL STANDARDS 13. Members shall report to appropriate authorities any corrupt or unethical behaviors in which there is sufficient evidence to justify review; 14. Members shall refrain from discriminating against any individual because of race, gender, creed, national origin, religious affiliation, age, disability, or any other type of prohibited discrimination; 15. Members shall preserve the integrity of private information; they shall refrain from seeking information from individuals beyond that which is necessary to implement responsibilities and perform their duties; members shall refrain from revealing non-public information unless expressly authorized to do so; 16. Members shall make all appointments, promotions, and dismissals in accordance with established civil service rules, applicable contract agreements, and individual merit, rather than furtherance of personal interests; 17. Members shall respect, promote, and contribute to a work place that is safe, healthy, and free of harassment in any form. 1.1.007 LOYALTY OATH “I, ____________, a citizen/lawful resident of the State of Florida and of the United States of America, and being employed by or an officer of Miami-Dade County and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm I will support the Constitution of the United States and of the State of Florida.” 1.1.008 RESPECT FOR CONSTITUTIONAL RIGHTS It is the duty of a Correctional Officer to respect and protect the rights guaranteed to each person by the Constitution of the United States and the State of Florida. No person may be deprived of constitutional rights because he/she is suspected or adjudicated of having committed a crime. The task of determining constitutionality of a statute lies with a court of appropriate jurisdiction. A Correctional Officer does not deprive persons of their civil liberties, when lawfully acting within the scope of his/her authority. However, when a Correctional Officer exceeds his/her authority by unreasonable conduct, he/she violates the sanctity of law, which he/she is sworn to uphold. 1.1.009 EQUALITY OF ENFORCEMENT Miami-Dade County is comprised of many culturally diverse communities. All incarcerated persons have a common need for equal treatment, which shall be afforded to them by a fair and impartial MDCR workforce. Page 4 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 1 DSOP: VOLUME 1 YEAR: 2012 VERSION: 1 SUBJECT: DEPARTMENTAL STANDARDS An employee must be alert to situations where, because of a culture or language barrier or other circumstances, he/she may be called upon to display additional patience and understanding in dealing with an individual who may otherwise appear to be unresponsive and/or noncompliant. 1.1.010 LOYALTY In the performance of duty, a Correctional Officer is called upon to make difficult decisions. He/she must exercise discretion in situations where an individual’s rights and departmental liability are affected as a result of his/her conduct and/or judgment. A Correctional Officer must be faithful to his/her oath of office, the principles of professional correctional services and the objectives of the department. In the discharge of duty, he/she must not allow personal motives to govern decisions and conduct. 1.1.011 INTEGRITY The public demands that integrity of MDCR employees/volunteers/contractoral personnel be above reproach. An employee/volunteer/contractoral personnel has a duty to serve the public in a fair, just, and ethical manner. He/she shall not serve for personal gain or benefit, nor use his/her official position to obtain special privileges for him/her or others. An employee/volunteer/contractoral personnel shall avoid any conduct which may compromise the integrity of MDCR, fellow employees, or him/herself. 1.1.012 DISCRETION AND LIMITS OF AUTHORITY An employee’s use of discretion, when making decisions, shall be within the legal limits and guided by policies, procedures, rules, training and input from supervisors. 1.1.013 AUTHORITY AND RESPONSIBILITY An employee is delegated authority to make decisions commensurate with his/her position and responsibility. He/she is responsible for the use of and/or failure to use delegated authority. 1.1.014 EMPLOYEE RESPONSIBILITY An employee shall exercise judgment, initiative, and sound reasoning for the effective and efficient performance of his/her duties and responsibilities. If there is no written directive or supervisor guidance available, he/she is expected to analyze situations, demonstrate professionalism, and exercise restraint. Whenever possible, he/she shall assist fellow employees. In addition, each employee is encouraged to seek self improvement through formal and informal educational opportunities. Page 5 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 1 DSOP: VOLUME 1 YEAR: 2012 VERSION: 1 SUBJECT: DEPARTMENTAL STANDARDS 1.1.015 SUPERVISOR RESPONSIBILITY Each supervisor shall provide guidance and training to subordinate staff for effective and efficient achievement of established goals and objectives. A supervisor has the responsibility and authority for assigning, reviewing, and monitoring activities of subordinate staff under his/her command. In addition, a supervisor shall provide clear directions to subordinates and address specific problems for completion of work assignments. The supervisor shall also ensure that assigned employees comply with applicable federal and state laws, Miami-Dade County ordinances, and MDCR policies, procedures, rules, and directives. 1.1.016 COMMAND STAFF RESPONSIBILITY Each command staff member has the responsibility to delegate assignments; develop strategic plans, budgets, policies and procedures for effective and efficient management of assigned areas of responsibilities. In addition, command staff shall ensure that employees under their command comply with applicable federal and state laws; Miami-Dade County ordinances, rules and procedures; and MDCR policies, procedures, rules, and directives. 1.1.017 COMMAND AUTHORITY DURING AN EMERGENCY The highest ranking authority on duty at a MDCR detention facility, during the occurrence of an emergency, has the authority to take actions necessary to protect the health, safety, and welfare of inmates, visitors, and staff, until properly relieved by a sworn command staff member. If the highest ranking authority chooses not to take command, he/she shall be held accountable for any unfavorable developments that he/she could have prevented by not assuming authority. 1.1.018 SUPERVISOR'S RIGHT OF ENTRY AND INSPECTION An employee may be assigned a MDCR work area and/or equipment; e.g., vehicle, locker, desk, computer, file cabinet, etc. An employee’s retention of personal items or MDCR equipment in a work area shall be at his/her own risk; and MDCR shall not be responsible for any losses. MDCR work areas and/or equipments are subject to inspection without notice and/or consent. An employee shall not place a personal lock on any MDCR work areas and/or equipments unless authorized to do so in writing, in which case the key(s) or combination(s) shall be provided to the Shift Supervisor/Commander or designee. 1.1.019 ATTENTION TO DUTY A Correctional Officer works with limited supervision and is accountable for proper performance of assigned duties. He/she is responsible for the safety of the Page 6 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 1 DSOP: VOLUME 1 YEAR: 2012 VERSION: 1 SUBJECT: DEPARTMENTAL STANDARDS community and his/her fellow officers by faithfully and diligently securing the inmate population. 1.1.020 DUTY ASSIGNMENTS The allocation of personnel to specific assignments is made with the aim of establishing optimal effectiveness while recognizing the needs, ability, and preference of individual employees, in accordance with applicable provisions of collective bargaining agreement and/or MDCR policies and procedures. A Correctional Officer is subject to reassignment at any time to any Correctional Officer position consistent with his/her qualifications. 1.1.021 RESPONSIBILITY OF ON-DUTY OFFICERS An on duty Correctional Officer shall take all steps reasonably necessary, consistent with his/her assignment, to enforce and follow policies and procedures, and to protect life and property. 1.1.022 CONDUCT UNBECOMING OF AN OFFICER A Correctional Officer is a conspicuous representative of the government and his/her conduct reflects upon Miami-Dade County and MDCR. He/she is a symbol of authority upon which the community relies and his/her conduct is closely scrutinized. When a Correctional Officer’s actions are found to be excessive, unwarranted or unjustified, his/her conduct is criticized far more severely than comparable conduct of persons in other professions. Therefore, a Correctional Officer must avoid conduct which might discredit him/herself, Miami-Dade County and/or MDCR. 1.1.023 INTRA-DEPARTMENTAL COMMUNICATIONS MDCR provides its employees with various communication devices and services; e.g., radios, telephones, beepers, faxes, computer terminals, interoffice mail, internet, etc., for the performance of official duties. An employee shall not utilize MDCR communication devices/services for personal use. 1.1.024 CIVILIAN EMPLOYEES MDCR professionalism is enhanced when Correctional Officers perform only those tasks where there is an identified need for correctional knowledge and skills. In addition to releasing Correctional Officers for traditional tasks, the use of civilians makes it possible to hire employees with specialized skills, resulting in greater departmental effectiveness and efficiency. Page 7 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 1 DSOP: VOLUME 1 YEAR: 2012 VERSION: 1 SUBJECT: DEPARTMENTAL STANDARDS 1.1.025 CONCERN FOR EMPLOYEE WELFARE MDCR and Miami-Dade County recognize that an employee may experience personal problems that may adversely affect different aspects of his/her life, and weaken his/her ability to effectively perform assigned duties and responsibilities. MDCR and Miami-Dade County are committed to assist an employee who is experiencing difficult times. It is each supervisor’s responsibility to take an interest in the welfare of his/her subordinates, observe changes in behavior, and recognize a possible need for assistance. Accordingly, a supervisor may refer an employee to the Miami-Dade County Employee Support Services Section (ESSS) for assistance that may result in improved job performance and quality of life. The ESSS is not designed to pre-empt a supervisor’s responsibilities for addressing performance problems; e.g., tardiness, absenteeism, insubordination, etc. 1.1.026 FINANCIAL OBLIGATIONS Financial distress may impair an employee’s job performance and bring discredit upon the department. Accordingly, an employee should not incur financial obligations that exceed his/her household earnings. 1.1.027 REFUSAL TO WORK MDCR and Miami-Dade County’s commitment to public service and professional ethics preclude an employee(s) engagement in a strike or similar concerted activities. MDCR shall take appropriate action for any employee who plans or engages in a strike, work stoppage, or work slow-down. 1.1.028 ROLE IN CIVIL DISORDERS During civil disorders in the community, MDCR mission is to protect life and property within its detention and auxiliary facilities. Each employee shall be alert to possible disturbances, and refrain from taking sides or giving an appearance of taking sides in any civil disturbance. 1.1.029 POLITICAL ACTIVITY Each employee has the right to vote and exercise other basic citizenship rights; however, he/she must perform his/her duties and responsibilities in an impartial manner, free of bias based on political belief. 1.1.030 CRITICISM OF THE CRIMINAL JUSTICE SYSTEM MDCR shares criminal justice responsibility with the judiciary, law enforcement and prosecution agencies. All elements of the criminal justice system work toward common objectives and each element is complementary. Cooperative working Page 8 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 1 DSOP: VOLUME 1 YEAR: 2012 VERSION: 1 SUBJECT: DEPARTMENTAL STANDARDS relationships are essential in attaining criminal justice objectives, and may be impaired by criticism of other entities and/or professionals engaged in administration of the criminal justice system. An employee shall be aware of the effect his/her comments has upon the criminal justice system. However, it is not MDCR intent to infringe upon an employee’s right to express his/her personal views regarding the criminal justice system in general or trends, which seem destructive to its effectiveness. 1.1.031 UTILIZATION OF RESOURCES MDCR is committed to effective and efficient utilization of its resources for attainment of organizational objectives. Accordingly, it is each employee’s responsibility to maximize the use of available resources while providing the highest level of service. 1.1.032 MDCR BUSINESS PLAN Through the business plan process, MDCR manages and documents strategic goals by identifying objective, measurable quantitative and qualitative performance indicators and initiatives that align with the Miami-Dade County’s public safety strategic goals and short/long term budgetary priorities. Annually, MDCR prepares a 2-year business plan, which addresses departmental and public safety needs; identifies anticipated goals for the current and following fiscal year; and describes factors that may limit MDCR ability to attain strategic goals. The MDCR Business Plan includes the following components: Purpose and Mission Strategic Alignment Performance Measures and Targets Critical Success Factors Internal Support Requirements Sustainability 3 to 5 Year Outlook Departmental Profile Financial Summary Business Environment 1.1.033 MDCR PERFORMANCE INDICATORS MDCR utilizes the Miami-Dade County’s automated performance management system, Active Strategy Enterprise (ASE), to track performance indicators and analyze trends. ASE provides a visual platform for demonstrating the MDCR alignment with the County’s Strategic Plan and the following strategic objectives: Providing safe, secure and humane detention Page 9 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 1 DSOP: VOLUME 1 YEAR: 2012 VERSION: 1 SUBJECT: DEPARTMENTAL STANDARDS Providing a successful return of inmates to the community Increasing community awareness of and satisfaction of MDCR services Meeting annual budget targets Ensuring effective physical plant management Achieving professional regulatory standards Maintaining the jail population effectively Recruiting, hiring and retaining a diverse and qualified workforce Ensuring employees posses required workforce skills 1.1.034 FLEET MANAGEMENT SYSTEM MDCR fleet management system shall include the appropriate quantity and type of vehicles necessary for meeting departmental transportation needs in a safe and secure manner. The most effective use of Miami-Dade County vehicles is achieved through a system of assignment and rotation. Miami-Dade County vehicles shall be kept in good condition through proper inspection, maintenance, and repair. 1.1.035 FLEET SAFETY MDCR reinforces safe driving habits through on-the-job training, defensive driving and driver training courses, supervision and disciplinary action as appropriate. An authorized employee shall operate a Miami-Dade County vehicle in a legal, safe and courteous manner. An employee shall be responsible for any traffic or parking citation(s) that is issued while he/she is operating a Miami-Dade County vehicle. In such cases, MDCR may impose appropriate disciplinary action. II. CROSS REFERENCES DSOP 4-001 “Chain of Command and Succession of Command” DSOP 4-014 “Correspondence” DSOP 5-006 “Reimbursement for Loss or Damage to Personal Property” DSOP 6-013 “Employee Counseling and Discipline Procedures” DSOP 6-029 “Discrimination, Harassment, and Retaliation” DSOP 10-016 “Employee Work Stoppage Plan” DSOP 11-007 “The Vehicle Accident Review Process” DSOP 11-015 “Employee Association with Inmates, Ex-Inmates or Criminal Elements” Page 10 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 1 DSOP: VOLUME 1 YEAR: 2012 VERSION: 1 SUBJECT: DEPARTMENTAL STANDARDS DSOP 11-019 “Contraband Detection Procedure” DSOP 11-021 “Overview of Supervisory Duties and Responsibilities” DSOP 11-023 “Key Control” DSOP 11-027 “Vehicle Transportation of Inmates” DSOP 23-001 “Use of Non-Staff/Volunteers and Contractors” Volume 2.2.000 Rules - “General Conduct and Responsibilities” Volume DM “Department’s Document System” III. RELATED REFERENCES American Correctional Association Code of Ethics American Federation of State, County and Municipal Employees, AFL-CIO General Employees, Local 199 Collective Bargaining Agreement Dade County Police Benevolent Association Law Enforcement Supervisory Unit Collective Bargaining Agreement Dade County Police Benevolent Association Rank and File Unit Collective Bargaining Agreement Miami-Dade County Employee Support Services Section “A Guide for Supervisors” Florida Commission on Ethics, Miami-Dade County Ethics Florida Department of Law Enforcement “Ethical Standards of Conduct” Government Supervisors Association of Florida OPEIU, Local 100 – Professional Employees Collective Bargaining Agreement Government Supervisors Association of Florida OPEIU, Local 100 – Supervisory Employees Collective Bargaining Agreement MDCR Business Plan Miami-Dade Administrative Order 6-2 “Operation, Acquisition, Maintenance and Disposal of County Vehicles” Miami-Dade Administrative Order 7-23 “Reimbursement to County Employees for Loss of Personal Property” Page 11 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 1 DSOP: VOLUME 1 YEAR: 2012 VERSION: 1 SUBJECT: DEPARTMENTAL STANDARDS Miami-Dade Administrative Order 7-42 “Ethics Awareness Program” IV. ACCREDITATION STANDARDS ACA 2010 & 2-CO-1A-04-05, 2-CO-1A-16-17, 2-CO-1C-04, 2-CO-1C-24, 4- 2010 ALDF-7C-02, 4-ALDF-7D-03 Supplemental FCAC 2012 1.01, 1.09, 4.09 V. REVOCATIONS Any language in a DSOP, Procedural Directive, Standard Operating Procedure, Post Order, and/or written correspondence that conflicts with this policy is hereby revoked. Page 12 of 12 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 2 RULES 2.2.000 YEAR: 2012 VERSION: 1 SUBJECT: RULES – GENERAL CONDUCT AND RESPONSIBILITIES EFFECTIVE DATE: June 11, 2012 SUPERSEDES: April 26, 2010 MODIFICATIONS: All Pages TABLE OF CONTENTS I. RULES-GENERAL CONDUCT AND RESPONSIBILITIES II. CROSS REFERENCES III. RELATED REFERENCES IV. ACCREDITATION STANDARDS V. REVOCATIONS I. RULES - GENERAL CONDUCT AND RESPONSIBILITIES 2.2.001 KNOWLEDGE OF LAWS AND RULES An employee must acquire and maintain knowledge of laws, ordinances, policies, procedures, rules and directives applicable for the performance of his/her duties. 2.2.002 RULES GOVERNING CONDUCT Specific rules of conduct that govern every employee’s action or behavior cannot be established. An employee may be subject to disciplinary action for any act or omission that results in disorder or unacceptable conduct. 2.2.003 RULES, REGULATIONS AND ORDERS An employee shall comply with applicable federal and state laws; County ordinances, rules and procedures; and departmental policies, procedures, rules, and directives. In addition, he/she shall comply with the lawful orders of supervisors and other authorized personnel. 2.2.004 PERFORMANCE OF DUTY While on duty, an employee shall devote his/her time and attention to assigned duties, and coordinate efforts with supervisors and co-workers for achievement of departmental goals and objectives. Page 1 of 10 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 2 RULES 2.2.000 YEAR: 2012 VERSION: 1 SUBJECT: RULES – GENERAL CONDUCT AND RESPONSIBILITIES 2.2.005 REPORTING VIOLATIONS OF LAWS, ORDINANCES, RULES OR ORDERS An employee who has knowledge of information pertaining to another employee’s illegal actions, dereliction of duty, malfeasance, misfeasance, or unethical conduct shall immediately report the matter to his/her supervisor or the Professional Compliance Division. 2.2.006 STANDARD OF CONDUCT An employee shall conduct his/her private and professional life in such a manner as not to bring discredit to the County, Miami-Dade Corrections and Rehabilitation Department (MDCR) or himself/herself. Accordingly, an employee shall maintain the highest standard of integrity by never violating the trust that the community has placed in the corrections profession. An employee must recognize that he/she is held to a higher standard than a private citizen. 2.2.007 COOPERATION WITH OTHER MDCR EMPLOYEES An employee shall cooperate with other employees for the achievement of departmental goals and objectives. 2.2.008 ASSISTANCE A Correctional Officer has a responsibility for the safety of fellow officers, and shall take immediate and appropriate action to assist another officer(s) who is exposed to impending danger. In addition, he/she shall respond to calls for assistance from fellow employees and/or persons in MDCR custody. An officer assigned to a specialized unit or special detail is not relieved of the responsibility to provide immediate and appropriate assistance outside the scope of his/her specialized assignment, when necessary. 2.2.009 COURTESY An employee shall demonstrate courtesy, respect and professionalism in his/her interactions with the public, supervisors, peers, and subordinates. He/she shall not commit any act that will detract from the professional image of the County or MDCR. 2.2.010 PROFESSIONAL DEMEANOR An employee shall maintain a professional demeanor while on duty. He/she shall not commit any act which detracts from a professional image. When on duty, particularly in the presence of others, an employee shall address supervisors by rank, title or Mr./Mrs./Ms. An employee shall avoid harsh, violent, profane or insolent language or conduct, and action(s) which may be viewed as unprofessional, regardless of provocation. Page 2 of 10 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 2 RULES 2.2.000 YEAR: 2012 VERSION: 1 SUBJECT: RULES – GENERAL CONDUCT AND RESPONSIBILITIES 2.2.011 COOPERATION WITH OTHER AGENCIES An employee shall cooperate with other County departments, criminal justice agencies, etc., by providing assistance and/or information relating to departmental policies, procedures, practices, activities and matters of mutual concern. 2.2.012 IDENTIFICATION/BADGES Upon the request of authorized personnel, an employee shall provide his/her identification and/or badge number unless extenuating circumstances dictate otherwise. 2.2.013 CRITICISM An employee shall not publicly criticize MDCR, its policies or other employees verbally, in writing or in any manner which is defamatory, obscene or tends to interfere with the achievement of departmental goals and objectives. 2.2.014 QUESTIONS REGARDING WORK ASSIGNMENT An employee in doubt as to the nature or details of a work assignment shall seek clarification from his/her supervisor. When further clarification is necessary regarding a work assignment, the employee shall utilize his/her chain of command. 2.2.015 POLITICAL ACTIVITY An employee, during off duty hours, may express his/her opinions on any candidate or issue, and participate in any political campaign. However, no employee is permitted to: a. Qualify as a candidate for election to any federal, state or municipal office; or hold such an office (unless on an approved leave of absence); b. Promote, demote, or in any way favor or discriminate against any employee with respect to employment because of political opinions or affiliations; c. Seek or attempt to seek any advantage in employment for any person based on political action; d. Attempt to coerce, command or advise any employee to provide anything of value to any individual or organization for political purposes; e. Use the authority of his/her position to gain support for, or oppose any candidate, party or issue in a partisan election. Page 3 of 10 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 2 RULES 2.2.000 YEAR: 2012 VERSION: 1 SUBJECT: RULES – GENERAL CONDUCT AND RESPONSIBILITIES f. Lobby any Miami-Dade County elected County official, departmental personnel or employee in connection with any judicial or other proceeding as defined in section 2-11.1 of the Code of Miami-Dade County, the County’s Conflict of Interest and Code of Ethics Ordinance 2.2.016 ORGANIZATIONAL AFFILIATIONS An employee shall not affiliate with or become a member of any organization, if such affiliation or membership will in any way interfere with or prevent the performance of his/her duties, or bring discredit to the County or MDCR. 2.2.017 DISSIDENT GROUPS An employee shall not, except in the line of duty, knowingly associate with any person(s) or organization(s) which advocates or fosters hatred, oppression or persecution of any individual or group. 2.2.018 COMPROMISING CRIMINAL/CIVIL CASES An employee shall not: a. Interfere with the service of any lawful process; b. Interfere unlawfully with a witness’ or defendant’s attendance or testimony through coercion, bribery, or other means; c. Attempt to have any criminal charge, traffic citation, or notice to appear reduced, altered, or stricken from a court document(s) unless pursued appropriately through the legal system using accepted legal practices; d. Attempt to have any legal process dismissed, reduced, voided, go unserved, or stricken from official records except in the interest of justice, and only in accordance with statutory requirements and MDCR procedures; e. Engage in any conflict or action which will interfere with the efficiency or integrity of the criminal justice system. 2.2.019 COURT-RELATED ACTIVITIES An employee shall not give a formal or informal, written or oral statement(s), or respond to or appear at the request of any attorney, insurance adjuster, or their representatives, unless: a. The employee has been served a subpoena; b. MDCR has received a subpoena for the employee; Page 4 of 10 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 2 RULES 2.2.000 YEAR: 2012 VERSION: 1 SUBJECT: RULES – GENERAL CONDUCT AND RESPONSIBILITIES c. The County Attorney’s Office or any other attorney acting on behalf of or representing the County required the employee’s appearance. No fee or other consideration shall be accepted by an employee except as authorized by the County. 2.2.020 ASSISTING CRIMINALS Except as authorized below, an employee shall not communicate information that may assist persons suspected of or charged with criminal acts: a. An employee may communicate information, to appropriate MDCR personnel or State Attorney's Office, that would exonerate an individual(s) suspected or charged with a criminal act; b. An employee may communicate factual information that would assist in the fair treatment and rehabilitation of an arrested/incarcerated person(s); c. An employee may provide testimony during legal proceedings and while under oath. 2.2.021 TESTIMONY ON BEHALF OF DEFENDANTS An employee who is requested to testify for the defense of an inmate and has been subpoenaed via e-notify or personally served shall immediately notify his/her Facility/Bureau Supervisor and the prosecutor handling the case. The employee shall provide written notification to his/her Facility/Bureau Supervisor via chain of command, for each case in which he/she will be appearing in court on behalf of a defendant, especially when the defendant is a fellow employee, family member, friend, etc. In addition, the employee shall provide a copy of the written notification to the Professional Compliance Division. If the employee desires guidance, he/she may contact the MDCR Legal Unit. 2.2.022 WEAPONS IN COURT An employee assigned to or appearing in court shall not wear a weapon unless requested by the presiding judge and approved by the Director or designee. 2.2.023 COURTROOM DEMEANOR An employee’s demeanor shall be attentive and respectful during court proceedings. When presenting testimony, he/she shall speak clearly, calmly and in a tone easily heard by the court and jury. An employee shall testify with accuracy and confine testimony to the case. When cross-examined, an employee shall remain objective and respond with the same civility as when testifying on direct examination. Page 5 of 10 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 2 RULES 2.2.000 YEAR: 2012 VERSION: 1 SUBJECT: RULES – GENERAL CONDUCT AND RESPONSIBILITIES 2.2.024 RECOMMENDING PROFESSIONAL SERVICES An employee shall not suggest, recommend, or otherwise promote the services of any attorney, bail bonds agent, towing agency, physician, etc., to any person with whom he/she has contact as a result of departmental business. 2.2.025 PROFESSIONAL COMPLIANCE STAFF REQUESTS FOR DOCUMENTS OR REPORTS When conducting an internal investigation, staff from the Professional Compliance Division is not required to sign receipts for copies of documents or reports provided by any employee. 2.2.026 REFUSAL TO RENDER AN ADMINISTRATIVE STATEMENT When an employee is ordered to answer questions relating to the performance of his/her official duties or continued fitness for duty, and refuses to answer the questions, he/she will be subject to disciplinary action, up to and including termination. 2.2.027 REPORTING TO SUPERVISORS An employee shall notify his/her supervisor of any unusual activity, situation, or problem that would logically be of concern to MDCR. The notification shall be within the applicable timeframe specified in relevant policies, procedures, and/or directives. When a timeframe is not established by policies, procedures, and/or directives, the employee shall notify his/her supervisor, as soon as practical. 2.2.028 USE OF OFFICIAL POSITION FOR COMMERCIAL PURPOSES Unless approved by the Director, an employee shall not for commercial or personal purposes endorse or subscribe to any testimonial or advertisement of any commodity or commercial enterprise, utilizing his/her departmental affiliation or official position; e.g., job title, rank, photograph, etc. 2.2.029 BRIBERY An employee shall complete and submit a MDCR Incident Report to his/her supervisor for any actual, attempted, or suspected bribe. The report shall be submitted by the end of the employee’s tour of duty or within 8 hours if off duty. In coordination with the Professional Compliance Division, the supervisor shall determine and document the subsequent course of action. Page 6 of 10 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 2 RULES 2.2.000 YEAR: 2012 VERSION: 1 SUBJECT: RULES – GENERAL CONDUCT AND RESPONSIBILITIES 2.2.030 MOTOR VEHICLE REGISTRATION INFORMATION Information from the Department of Highway Safety and Motor Vehicles records; e.g., driver’s license, motor vehicle registration, etc., shall only be obtained and utilized for official MDCR business purposes. 2.2.031 DELIVERY OF CONTROLLED SUBSTANCES FOR INVESTIGATIVE PURPOSES Except in the course of an employee’s official duties; e.g., intake, processing evidence, contraband detection, etc., or legal, investigative exceptions, he/she is prohibited from delivering any controlled substance or cause to be delivered any controlled substance to any person, except in accordance with departmental directives, unless approved by a staff member of the Director’s Office or higher level authority. 2.2.032 PROMOTIONAL EXAMINATION INFORMATION An employee shall not divulge, give, solicit, or receive insider promotional examination(s) information except as part of his/her participation in County or MDCR processes; e.g., subject matter expert panel meeting, preparation of reading lists and related materials, etc. 2.2.033 MONEY/PERSONAL PROPERTY OBTAINED FROM ARRESTED PERSONS All money/personal property obtained from an arrested person shall be the sole responsibility of the employee receiving the money/personal property, until it is turned over to the property room. The loss of such money/personal property is the responsibility of the employee last having custody of the respective money/personal property; and he/she may be held responsible for reimbursing MDCR or the County for any sustained losses, and may be subject to administrative and/or disciplinary action. 2.2.034 BOOKING LOG Assigned staff shall record information from the arrest affidavit into the automated booking log. At minimum, information entered into the automated booking log shall include the following arrestee information: name, date of birth, race/gender, charge(s), citation or warrant number, name of arresting/ transportation officer, and booking time. Page 7 of 10 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 2 RULES 2.2.000 YEAR: 2012 VERSION: 1 SUBJECT: RULES – GENERAL CONDUCT AND RESPONSIBILITIES 2.2.035 JAIL BOOKING RECORD Assigned staff shall complete a jail booking record (jail card) for each inmate booked. Original information recorded in the automated booking log shall be entered on the jail card. In addition, chronological information/actions shall be recorded on the jail card until the inmate is released or transferred from MDCR custody. The jail card for each ADA inmate e.g., physically or mentally disabled shall be appropriately stamped. 2.2.036 ENTRANCE INTO OPPOSITE GENDER INMATE HOUSING AREAS When a male is required to enter a female inmate housing area, he shall do so only after a verbal announcement is made to the female inmate population and only when accompanied by a female correctional officer or other female employee designated by the Shift Supervisor/Shift Commander, unless an emergency situation dictates otherwise. In addition, when a female is required to enter a male housing area, she shall do so only after a verbal announcement is made to the male inmate population. 2.2.037 HOUSING OF PRETRIAL, MISDEMEANANTS AND TRAFFIC VIOLATION INMATES Unsentenced inmates charged with misdemeanor(s) and/or traffic violations shall be housed separately from inmates charged with felonies. In addition, Pretrial inmates shall be housed separately from inmates serving sentences, whenever possible. 2.2.038 INTEGRITY OF FACILITY AND HOUSING AREAS An employee who discovers evidence of walls, windows, ceilings, floors, fences, doors, gates, booths, holding cells, interview offices, etc., that have been altered, tampered, or damaged shall immediately report the matter to his/her supervisor; complete a MDCR Incident Report; and secure the area, if appropriate. The supervisor shall promptly initiate and document necessary corrective measures. 2.2.039 THE RIGHT TO REMAIN SILENT It is the duty of a Correctional Officer to respect the rights guaranteed to each person by the Constitution of the United States and the State of Florida. Inmates shall not be subjected to any coercion, duress or harassment to obtain information on the charge(s) for which they are being held. They shall not be asked any information concerning their charges by any MDCR staff. Page 8 of 10 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 2 RULES 2.2.000 YEAR: 2012 VERSION: 1 SUBJECT: RULES – GENERAL CONDUCT AND RESPONSIBILITIES 2.2.040 THE RIGHT TO REFUSE TO PARTICIPATE IN FACILITY PROGRAMS Participation in vocational, educational, and/or other rehabilitative programs is strictly voluntary. No pressure or conditions shall be placed on any unsentenced or pretrial inmates to enroll or participate in any of the programs offered at MDCR detention facilities. 2.2.041 THE RIGHT TO REFUSE TO PERFORM CERTAIN WORK Pretrial and unsentenced inmates are not required to work except to perform those duties necessary to maintain the cleanliness and good order of their own area and the common areas of MDCR detention facilities. Pretrial and unsentenced inmates held beyond first appearance shall be given the opportunity to volunteer for available work programs. II. CROSS REFERENCES Volume 1 “Departmental Standards” DSOP 4-001 “Chain of Command and Succession of Command” DSOP 4-007 “Legal Assistance for Staff” DSOP 4-015 “Complaints, Investigations and Dispositions” DSOP 6-006 “Acceptance (Notification) of Gifts, Fees, Loans or Valuables” DSOP 6-012 “Substance Abuse” DSOP 6-017 “Employee Appearance Standards” DSOP 6-031 “Drug Free Workplace” DSOP 6-049 “Promotional Procedure” DSOP 6-053 “Departmental Employee Identification Card” DSOP 11-003 “Incident Report Procedures” DSOP 11-014 “Judicial Mandates” DSOP 11-015 “Employee Association with Inmates, Ex-Inmates or Criminal Element” DSOP 11-017 “Court Services Procedures” DSOP 11-018 “Contraband Drugs Disposal Procedure” Page 9 of 10 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 2 RULES 2.2.000 YEAR: 2012 VERSION: 1 SUBJECT: RULES – GENERAL CONDUCT AND RESPONSIBILITIES DSOP 15-004 “Rights of Pre-Trial Inmates” DSOP 18-006 “Intake Procedures” DSOP 19-005 “Objective Jail Classification” DSOP 24-002 “Release of Inmate Information” III. RELATED REFERENCES Florida Model Jail Standards: 3.01, 3.02, 3.04, 4.07, 4.10, 4.14, 5.03, 9.06, 11.03, 13.02, and 14.01 Miami-Dade County Administrative Order 1-3 “Gifts to the County” Miami-Dade County Administrative Order 3-27 “Cone of Silence” Miami-Dade County Administrative Order 7-1 “Outside Employment and Gratuities” Miami-Dade County Administrative Order 7-2 “Political Participation” Miami-Dade County Administrative Order 7-7 “Employees Having Knowledge of a Crime” Miami-Dade County Administrative Order 7-42 “Ethics Awareness Programs” Miami-Dade County Code of Ordinances, Article 78 “Commission on Ethics and Public Trust” National Standards to Prevent, Detect, and Respond to Prison Rape, dated May 16, 2012 IV. ACCREDITATION STANDARDS 1-ABC-1A-23; 2-CO-1A-13, 2-CO-1A-18, 2-CO-1A-28, 2-CO-1A-29, ACA 2010 & 2010 2-CO-1C-01, 2-CO-1C-04, 2-CO-1C-20, 2-CO-1C-24, 2-CO-3A-01, 2-CO-3B-01; 4-ALDF-2A-01, 4-ALDF-2A-03, 4-ALDF-2A-04, Supplement 4-ALDF-2A-21, 4-ALDF-2A-23, 4-ALDF-2A-24, 4-ALDF-2A-25, 4-ALDF-5C-08, 4-ALDF-7B-05, 4-ALDF-7C-02, 4-ALDF-7C-03, 4-ALDF-7D-04, 4-ALDF-7D-05, and 4-ALDF-7E-04 1.09, 4.09, 4.21M, 9.03, 9.08M 2012 FCAC V. REVOCATIONS Any language in a Departmental Standard Operating Procedure, Procedural Directive, Standard Operating Procedure, Post Order, and/or written correspondence that conflicts with this policy is hereby revoked. Page 10 of 10 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 2 RULE: 2.3.000 YEAR: 2012 VERSION: 1 SUBJECT: RULES – GENERAL CONDUCT ON-DUTY EFFECTIVE DATE: June 11, 2012 SUPERSEDES: April 26, 2010 MODIFICATIONS: All Pages TABLE OF CONTENTS I. RULES – GENERAL CONDUCT ON-DUTY II. CROSS REFERENCES III. RELATED REFERENCES IV. ACCREDITATION STANDARDS V. REVOCATIONS I. RULES - GENERAL CONDUCT ON-DUTY 2.3.001 REPORTING FOR DUTY An employee shall report for duty properly attired and equipped, at his/her scheduled time and place designated by his/her supervisor. An employee’s failure to report shall be deemed neglect of duty. 2.3.002 NORMAL BUSINESS HOURS Normal business hours for the Miami-Dade Corrections and Rehabilitation Department (MDCR) are Monday – Friday, 8:00 a.m. - 5:00 p.m. An employee's work schedule may vary from the normal business hours based upon operational needs and/or at the discretion of his/her Facility Facility/Bureau Supervisor (designee) or higher level authority. 2.3.003 BREAK/MEAL SCHEDULES The Facility/Bureau Supervisor (designee) or higher level authority shall determine the break/meal schedules for his/her staff. a. A non-job basis (hourly) employee whose assigned daily work schedule is 8 hours or less; e.g., 6:30 a.m. – 2:30 p.m.,11:00 p.m. – 7:00 a.m., etc., shall not leave his/her assigned detention facility during breaks/meals unless prior approval has been granted by the Facility/Bureau Supervisor (designee) or higher level authority. A non- job basis (hourly) employee’s break/meal schedule may vary based Page 1 of 6 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 2 RULE: 2.3.000 YEAR: 2012 VERSION: 1 SUBJECT: RULES – GENERAL CONDUCT ON-DUTY upon operational needs and/or at the discretion of his/her Facility/Bureau Supervisor (designee) or higher level authority. b. A job basis (salaried) employee whose assigned daily work schedule is 8 hours or more; e.g., 7:30 a.m.– 4:00 p.m., 8:00 a.m. - 5:00 p.m., etc., is permitted to leave his/her assigned facility during breaks/meals. Break/meal schedules shall be authorized by Facility/Bureau Supervisor (designee) or higher level of authority. A job-basis (salaried) employee’s break/meal schedule may vary based upon operational needs and/or at the discretion of his/her Facility/Bureau Supervisor (designee) and/or higher level authority. c. If meals are not available at a MDCR facility for purchase via the Food Services Bureau, the Facility/Bureau Supervisor (designee) shall on a daily basis authorize an employee(s) on each shift to conduct one lunch run to a single location. 2.3.004 PROHIBITED ACTIVITY Except as noted, while on-duty, an employee shall not engage in activities including but not limited to the following: a. Sleeping, loafing or idling, except during emergency situations and with the supervisor's approval; b. Recreational reading of non-departmental related documents, except during an authorized break/meal and in an area that is not visible to the public; c. Conducting private business or personal transactions; d. Carrying any articles or wearing attire or accessories that detracts from a professional image or the performance of duties; e. Entering taverns (bars), theaters, night clubs, etc., except to conduct official business; f. Participating in sexual activities; g. Participating in unauthorized sports activities with members of the community or with inmates; h. Possessing, retaining, consuming or purchasing alcoholic beverages/illegal substances; Page 2 of 6 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 2 RULE: 2.3.000 YEAR: 2012 VERSION: 1 SUBJECT: RULES – GENERAL CONDUCT ON-DUTY i. Pari-mutuel wagering, gambling, purchasing or redeeming lottery tickets; j. Attending an employee interest group activity that is not facilitated by the employee’s recognized collective bargaining unit; k. Participating in an unauthorized advertisement, campaign; l. Picketing, rallying or staging. 2.3.005 EMPLOYEE ELECTRONIC MAIL (E-MAIL) While on-duty, an employee is required to access his/her e-mail for work related incoming communications daily; e.g., e-Notify, orders, directives, policies, procedures, job assignments, personnel matters, etc. 2.3.006 CONGREGATING While on-duty and on MDCR premises, employees shall not congregate unless on assignment or in a designated break/meal area. In addition, no more than 2 on-duty officers, uniformed or in civilian clothing, and wearing a firearm, badge, insignia, or any other sworn staff identifiable article/accessory, shall congregate in a public place, except as required by official duties. 2.3.007 BUSINESS CARDS An employee shall utilize his/her departmental business cards only for official Miami-Dade County or MDCR business purposes. 2.3.008 RELIEF FROM POST/PLACE OF ASSIGNMENT An employee shall not leave his/her assigned post or place of assignment, unless he/she has been properly relieved or granted authorization by his/her supervisor. In an emergency situation, the employee shall contact his/her supervisor to obtain authorization for immediate release. 2.3.009 PROPERTY: ABANDONED, FOUND, SAFEKEEPING AND EVIDENCE An employee shall not use, keep, convert or copy departmental property for personal use. Page 3 of 6 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 2 RULE: 2.3.000 YEAR: 2012 VERSION: 1 SUBJECT: RULES – GENERAL CONDUCT ON-DUTY 2.3.010 MISREPRESENTATION OR FALSIFICATION An employee shall not willfully misrepresent, omit or falsify any information, verbally or in writing. 2.3.011 POLITICAL MEMBERSHIP Nothing contained herein shall be construed to affect the right of an employee to hold membership in, or to support a political party or to vote as he chooses, provided attendance or activities are such that they cannot be construed as representative of departmental views. 2.3.012 POLITICAL, RELIGIOUS, OR DISCRIMINATORY DISCUSSIONS While on-duty, an employee shall not engage in any derogatory communications with regards to an individual/group’s race, national origin, ethnicity, age, gender, sexual orientation, disability, religion, political affiliation, etc. 2.3.013 CARRYING A WEAPON While on-duty, a civilian employee shall not carry or possess a firearm or other weapon, concealed or unconcealed, on the premises of any MDCR facility/property, except in a non-restricted parking area. A Correctional Officer Trainee (COT) shall not carry or possess a firearm or other weapon, conceal or unconcealed, on the premises of any MDCR property, except at the Miami-Dade Public Safety Training Institute, and possession is limited for training purposes during Firearm Training Module 1 and 2 only. A sworn employee may carry an authorized firearm, in accordance with departmental policies, procedures, and directives. If warranted, the Director or designee may prohibit a sworn employee from carrying a firearm while on duty, on a case by case basis. 2.3.014 CORRECTIONAL OFFICER TRAINEE COTs shall work under close supervision of a Certified Correctional Officer; additionally, they are prohibited from the following: a. Conducting strip search of newly arrested inmates during the initial admission and classification process; Page 4 of 6 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 2 RULE: 2.3.000 YEAR: 2012 VERSION: 1 SUBJECT: RULES – GENERAL CONDUCT ON-DUTY b. Being assigned to a post that involves the control of a detention facility’s ingress/egress, unless performed under the direction and observation of a Certified Correctional Officer: c. Working overtime until they are sworn and have passed the Florida Department of Law Enforcement State Officer Certification Exam. However, during an emergency situation and as deemed necessary by the highest ranking supervisor on duty, COTs may be authorized to work overtime. II. CROSS REFERENCES DSOP 6-012 “Substance Abuse” DSOP 6-013 “Counseling/Discipline Procedures” DSOP 6-014 “Communicable Disease Exposure Control Plan” DSOP 6-017 “Employment Appearance Standards” DSOP 6-029 “Discrimination, Harassment (Including Sexual Harassment) and Retaliation” DSOP 8-007 “Internet Usage Guidelines” DSOP 10-001 “Escape Prevention, Response and Action Plan” DSOP 11-009 “Firearms” III. RELATED REFERENCES Florida Statutes 104.31, 110.233, 112.0455, 790.001 Miami-Dade County Administrative Order 7-2 “Political Participation” Miami-Dade County Procedures Manual Number 204 “Internet and Intranet Websites” IV. ACCREDITATION STANDARDS ACA 2010 & 1-ABC-1A-22, 1-ABC-1C-06; 2-CO-1A-29, 2-CO-1C-20, 2-CO-1D- 2010 03; 4-ALDF-2B-04, 4-ALDF-7C-01 and 4-ALDF-7C-02 Supplement 2012 FCAC 4.01M Page 5 of 6 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 2 RULE: 2.3.000 YEAR: 2012 VERSION: 1 SUBJECT: RULES – GENERAL CONDUCT ON-DUTY V. REVOCATIONS Any language in a Departmental Standard Operating Procedure, Procedural Directive, Standard Operating Procedure, Post Order, and/or written correspondence that conflicts with this policy is hereby revoked. Page 6 of 6 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 2 DSOP: 2.4.000 YEAR: 2012 VERSION: 1 SUBJECT: RULES - ORDERS EFFECTIVE DATE: June 27, 2012 SUPERSEDES: April 26, 2010 MODIFICATIONS: All Pages TABLE OF CONTENTS I. RULES - ORDERS II. CROSS REFERENCES III. RELATED REFERENCES IV. ACCREDITATION STANDARDS V. REVOCATIONS I. RULES - ORDERS 2.4.001 ISSUANCE OF VERBAL AND WRITTEN ORDERS Verbal and/or written orders shall be issued by a supervisor in a clear and understandable manner, in a civil tone, and in accordance with policies, procedures, and directives. All directives given by a supervisor, issued in verbal, written or email form, or as relayed through another employee, are considered to be direct orders. Failure to obey orders may subject staff to administrative review. 2.4.002 LAWFUL ORDERS An employee shall obey any lawful order issued by a supervisor which may be relayed through another employee. In addition, an employee who receives a lawful order that he/she believes to be contrary to policies, procedures or directives, shall first obey the order and then may proceed to appeal and/or grieve the order via his/her chain of command. Failure to obey lawful orders given may subject staff to administrative review. 2.4.003 UNLAWFUL ORDERS A supervisor shall not knowingly issue any order which is in violation of any law or ordinance. In addition, an employee shall not knowingly obey any order which is contrary to any law or ordinance. An employee who receives an order which he/she believes to be unlawful shall advise the supervisor that Page 1 of 3 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 2 DSOP: 2.4.000 YEAR: 2012 VERSION: 1 SUBJECT: RULES - ORDERS the order is unlawful, and then request to be relieved from the order. In addition, the employee shall submit a written report via his/her chain of command to the Facility /Bureau Supervisor or higher level authority. The report shall include facts of the incident and any action(s) taken. The Facility /Bureau Supervisor or higher level authority shall review the report and take any action(s) deemed appropriate. 2.4.004 COUNTERMAND OF ORDERS When necessary, an appropriate supervisor may countermand (cancel) an order for the good of the Miami-Dade Corrections and Rehabilitation Department. 2.4.005 CONFLICTING ORDERS When an employee receives an order from a supervisor and it conflicts with an order received from another supervisor, he/she shall immediately advise the supervisor issuing the conflicting order of the conflict. The supervisor who issued the conflicting order is responsible for countermanding the order. If so directed, the employee shall first obey the order(s) issued by the highest ranking authority in his/her chain of command. Both supervisors shall discuss the order(s) given to resolve the conflict. II. CROSS REFERENCES DSOP 4-001 “Chain of Command and Succession of Command” DSOP 6-013 “Counseling/Discipline Procedures” III. RELATED REFERENCES Florida Department of Law Enforcement, Criminal Justice Standards and Training Commission, Correctional Officer Ethical Standards of Conduct Rule 2.4 Page 2 of 3 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 2 DSOP: 2.4.000 YEAR: 2012 VERSION: 1 SUBJECT: RULES - ORDERS IV. ACCREDITATION STANDARDS ACA 2010 & 2-CO-1C-04 2010 Supplemental FCAC 2012 4.21M and 4.22M V. REVOCATIONS Any language in a DSOP, Procedural Directive, Standard Operating Procedure, Post Order, and/or written correspondence that conflicts with this policy is hereby revoked. Page 3 of 3  MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 2 DSOP: RULE 2.5.000 YEAR: 2012 VERSION: 1 SUBJECT: RULES - OFF-DUTY ACTIVITY EFFECTIVE DATE: December 6, 2012 SUPERSEDES: May 3, 2010 MODIFICATIONS: All Pages TABLE OF CONTENTS I. RULES - OFF-DUTY ACTIVITY II. CROSS REFERENCES III. RELATED REFERENCES IV. ACCREDITATION STANDARDS V. REVOCATIONS I. RULES – OFF-DUTY ACTIVITY 2.5.001 CORRECTIONAL OFFICER ACTION WHILE OFF-DUTY While off-duty and on Miami-Dade Corrections and Rehabilitation Department (MDCR) premises, a correctional officer shall act in his/her official capacity if he/she becomes aware of an incident that requires his/her action to safeguard life or limb. In such cases, the correctional officer who takes any action that would be part of his/her regular duty shall be considered in an on-duty status. 2.5.002 PROHIBITED ACTIVITY When off-duty, an employee in uniform or wearing/displaying any MDCR issued attire/accessories; e.g., badge, jacket, T-shirt, polo shirt, baseball cap, etc., is prohibited from engaging in the following activities: a. Entering taverns (bars), theaters, night clubs, etc.; b. Participating in sports activities except as sanctioned by the Director or designee; c. Consuming, purchasing or possessing alcoholic beverages; d. Pari-mutuel wagering, gambling, purchasing, or redeeming lottery tickets; Page 1 of 3 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 2 DSOP: RULE 2.5.000 YEAR: 2012 VERSION: 1 SUBJECT: RULES - OFF-DUTY ACTIVITY e. Attending an employee interest group activity that is not facilitated by the employee’s recognized collective bargaining unit; f. Participating in an unauthorized advertisement or campaign; g. Picketing, rallying, or staging. This provision does not prohibit an off-duty employee from wearing T-shirts, baseball caps, etc., that may be provided/distributed during MDCR sponsored events; e.g., United Way of Miami-Dade, American Heart Association, Juvenile Diabetes Research Foundation (JDRF) Walk to Cure Diabetes, etc. 2.5.003 PROHIBITED EXTRA DUTY/OUTSIDE EMPLOYMENT ACTIVITY When off-duty working at authorized/approved outside employment, staff shall avoid behaviors that would deter from the professional image of their primary employment with the Department. This includes behavior that represents a conflict of interest/ethics, or is considered detrimental/adverse to the interests of Miami-Dade County or MDCR. 2.5.004 EMERGENCY STANDBY When off-duty, an employee may be subject to emergency standby as deemed necessary by MDCR. Emergency stand-by shall be in accordance with applicable provisions of an employee’s collective bargaining agreement. 2.5.005 CALL-BACK When off-duty, an employee may be subject to a call-back to duty as deemed necessary by MDCR. Call-back shall be in accordance with applicable provisions of an employee’s collective bargaining agreement. 2.5.006 PERSONAL DISPUTES An employee shall not resolve his/her personal disputes by using his/her employment with MDCR to imply law enforcement authority. If law enforcement action is deemed appropriate, the employee shall notify the Miami-Dade Police Department or appropriate law enforcement agency within the respec