Manatee County Sheriff's Office General Order 1013 - Discipline PDF

MANATEE COUNTY SHERIFF'S OFFICE GENERAL ORDER NUMBER 1013 – DISCIPLINE This General Order rescinds General Order 1013 dated July 19, 2023 and all its addenda and revisions and any other General Order dealing with these issues. Effective Date: November 30, 2023 To: All Personnel TABLE OF CONTENTS 1.0...

MANATEE COUNTY SHERIFF'S OFFICE GENERAL ORDER NUMBER 1013 – DISCIPLINE This General Order rescinds General Order 1013 dated July 19, 2023 and all its addenda and revisions and any other General Order dealing with these issues. Effective Date: November 30, 2023 To: All Personnel TABLE OF CONTENTS 1.0 ESTABLISHMENT................................................................................................................ 2 2.0 AGENCY EXPECTATIONS.................................................................................................. 3 3.0 ARREST / CRIMINAL INVESTIGATIONS............................................................................ 3 4.0 COUNSELING...................................................................................................................... 5 5.0 REMEDIAL TRAINING......................................................................................................... 5 6.0 ALL INVESTIGATIONS OF COMPLAINTS OF EMPLOYEE MISCONDUCT INVESTIGATION.................................................................................................................. 6 7.0 RED LIGHT VIOLATIONS (RLV).......................................................................................... 8 8.0 GARRITY/ADMONITION...................................................................................................... 9 9.0 SANCTIONS....................................................................................................................... 10 10.0 SUSPENSIONS.................................................................................................................. 12 11.0 COMPLIANCE.................................................................................................................... 14 12.0 ADMINISTRATIVE OFFENSES.......................................................................................... 15 13.0 IMPOSITION OF DISCIPLINE............................................................................................ 35 14.0 DISCIPLINARY ACTION.................................................................................................... 36 15.0 NOTIFICATION OF DISCIPLINARY ACTION.................................................................... 37 16.0 LEVELS OF APPEAL......................................................................................................... 37 17.0 CAREER SERVICE ACT.................................................................................................... 40 Discipline 1 1.0 ESTABLISHMENT – The standards of conduct for all employees is further referenced in the Preface, the General Orders on Appearance and Grooming (GO 1002), Firearms and Less Lethal (GO 1021), Use of Force (General Order 1022), and Vehicle Operation, Use and Care (GO 3020). 1.1 The Sheriff desires that discipline shall be characterized as corrective rather than punitive; that training, as a method of improving employee productivity and effectiveness through positive and constructive methods, be used; and those disciplinary actions be utilized as an element of an overall program to educate employees and promote proper conduct. 1.2 Equally important with corrective actions are those rewards and recognition for superior performance. The criteria and means of recognition are provided in the General Order on Recognition (GO 1011). 1.3 Supervisors, especially first line supervisors, have the best opportunity to observe the conduct and appearance of employees and detect those instances when disciplinary actions are warranted. They also have the opportunity to understand the personality traits of the personnel under their supervision and to determine the most effective methods of discipline. For these reasons, they are expected to perform a primary role in initiating disciplinary measures. 1.4 All investigations concerning discipline must be approved by the Sheriff, Chief Deputy, or the Sheriff’s designee. 1.5 General Order 0010 – Glossary defines the following terms utilized within this GO. 1.5.1 Administrative Leave With Pay (ALWP) - An authorized absence with pay for unusual and unpredictable reasons for any part of a workday or longer. 1.5.2 Administrative Leave Without Pay (LWOP) - An authorized absence without pay for unusual and unpredictable reasons for any part of a workday or longer. 1.5.3 Day - A number of consecutive hours, 8.6 for 7K employees and 8 for non-7K employees. 1.5.4 Workday - When applied to periods during which actions are to be taken, this term means all days excluding weekends, listed holidays, and / or days when work is suspended by the Sheriff / Chief Deputy due to emergency or extenuating circumstances. When applied to periods during which actions are to be taken, the term "within so many workdays" says to exclude the "day of receipt" of the action, e.g., receiving a notice on Monday to respond in 5 workdays means you have until 5:00PM on the following Monday to respond. 1.5.5 Reckoning Period – three (3) years prior to the date the recent incident was received. Discipline 2 2.0 3.0 AGENCY EXPECTATIONS 2.1 Supervisory employees (both sworn and civilian) are entrusted to uphold and enforce the policies, procedures, and General Orders of the Manatee County Sheriff’s Office. Therefore, a supervisor may be disciplined to a higher degree (in a non-progressive manner) than an employee of lesser rank, concerning like and similar incidents. 2.2 The Manatee County Sheriff’s Office has zero tolerance regarding workplace and domestic violence. Regarding workplace and domestic violence, zero tolerance will be based upon several factors including, but not limited to, an arrest, a conviction, a no contest plea, issuance of a permanent injunction, or a preponderance of evidence as determined by this agency. 2.3 All lockers, desks, file cabinets, computers, vehicles, cellular telephones, tablets, and other property owned, contracted, or utilized by the Manatee County Sheriff’s Office is subject to search at any time and for any reason. No employee has any reasonable expectation of privacy regarding these matters. 2.4 The Manatee County Sheriff’s Office computer system, including networks and network devices (specifically including internet access), and all other related equipment are provided for authorized use only. MCSO computer systems will be continually monitored for operational security and unauthorized use which will be subject to disciplinary action Evidence of unauthorized use collected during security monitoring may be used for administrative, criminal or adverse action. Use of the MCSO system constitutes consent to monitoring for these purposes. 2.5 The utilization of a global positioning system(s) and/or automatic vehicle location system(s) is at the discretion of the Sheriff or his designee. 2.6 As a law enforcement agency, every employee of this agency is held to a higher standard than that of the general public. 2.7 Prior to obtaining permanent status, probationary employees may be dismissed for any infraction of the General Orders, policies, rules, and procedures during their initial probationary period. 2.8 Upon appointment, each employee holds an identical position of public trust as that occupied by the Sheriff. All acts under Color of Office are the ultimate responsibility of the constitutional Office of Sheriff. ARREST / CRIMINAL INVESTIGATIONS 3.1 Discipline Any arrest or warrant for arrest could be considered a violation of General Order 12.1.1. and may result in termination. 3 3.2 Employees shall immediately notify their supervisor or chain of command when investigated, charged, or arrested for any violation of law (excluding civil traffic violations), or when investigated for child neglect or abuse. Notification shall be made as soon as possible, and before returning to work the next workday. If the employee’s immediate supervisor or chain of command cannot be reached, notification will be made to the highest-ranking supervisor on duty. Failure to do so may result in disciplinary action up to and including termination. The notified supervisor shall notify the Sheriff via the chain of command. 3.3 Every employee involved in a Driving Under the Influence (DUI) related incident, and a DUI incident may result in termination. Any employee who feels they have a problem with alcohol or prescription medication has the responsibility to seek out assistance by contacting (1) Lifestyle Assistance and Modification Program (L.A.M.P.) or (2) any supervisor. General Order 1037 – Personnel Intervention System outlines how to implement these procedures. 3.4 As directed by the Sheriff, Professional Standards shall begin an investigation when made aware that an employee is under criminal investigation or upon an employee’s arrest, whichever is sooner. 3.5 Upon a finding by Professional Standards that the employee has violated agency disciplinary standards, the Sheriff shall have final authority to dismiss an employee, or to impose some other form of discipline, depending on the unique circumstances of the case. 3.6 In the case of a felony arrest, the employee shall be suspended without pay pending the outcome of any criminal or Professional Standards investigation. 3.7 The decision to impose disciplinary action shall be based upon a sustained finding by a Professional Standards investigation and not the prosecution or the disposition of the criminal case. 3.8 While a criminal conviction or entry into any pre-trial diversion program is also sufficient to establish a violation of agency policy, an acquittal may not preclude a Professional Standards investigation or overturn a sustained finding of a policy violation(s). 3.8.1 Therefore, an employee may be disciplined for violating agency disciplinary or ethical standards based upon a sustained finding by Professional Standards, even though the employee does not enter a plea or is not otherwise found to have committed a criminal act. 3.9 Discipline If, at a later date, the dismissed employee is cleared of all criminal charges, or there are other unique circumstances as determined by the Sheriff, the employee may reapply to the Sheriff’s Office. 4 3.9.1 Upon reapplication, the dismissed employee shall fall under the same procedures as any other new applicant. 3.10 4.0 5.0 If an employee is charged with or convicted of a crime, the Sheriff will determine if it is in the best interest of the Sheriff’s Office to: 3.10.1 Retain the employee in their regular position. 3.10.2 Assign the employee to other duties or another position until such time as any charge is disposed of by trial, acquittal, dismissal, conviction, or other judicial action. 3.10.3 Place the employee on administrative leave, with or without pay, pending investigation. 3.10.4 Place upon the employee other restrictions or require special services; or 3.10.5 Terminate the employee. COUNSELING 4.1 Counseling of an employee should be used at the first sign of a potential disciplinary problem. Problems are many times the result of a lack of understanding between the employee and the supervisor, and counseling and open communication can effectively resolve the issue. Counseling shall be conducted in a uniform manner. 4.2 If an internal complaint, excluding sexual harassment/harassment/discrimination, has not been filed and a supervisor believes that a violation would warrant formal corrective action only if repeated, the supervisor shall counsel or warn the employee and record this fact in his/her performance evaluation or in a memorandum. 4.3 Counseling sessions should be conducted in a progressive order utilizing the supervisor, manager, commander, and chief as required. 4.4 All counseling sessions shall be done in private. A witness of equal or higher rank than that of the counselor may be present, if deemed necessary or appropriate. 4.5 Counseling sessions shall be noted in the employee’s evaluation with reference to the purpose and effect of the counseling experience. REMEDIAL TRAINING 5.1 Discipline If an employee is unproductive or ineffective due to lack of skills, knowledge, or ability, additional training or remedial training should be considered before disciplinary measures are taken. 5 6.0 5.2 In cases where this type of training is deemed to be appropriate, the Bureau Chief/Division Commander of the employee shall initiate a request to the Training Section to arrange for the needed training. 5.3 The Training Division shall initiate inquiries regarding the desired training and notify the requesting Bureau Chief/Division Commander of the date, time, location, and cost of the requested training. 5.4 If the Bureau Chief/Division Commander desires that the employee attend the training, a Training Requisition shall be initiated. 5.5 If approved, the employee shall be notified that the training, attendance, successful completion shall be mandatory. 5.6 If the employee fails to attend as required, or does not attain a passing score, the Bureau Chief shall take appropriate action. and ALL INVESTIGATIONS OF COMPLAINTS OF EMPLOYEE MISCONDUCT INVESTIGATION 6.1 All complaints to include anonymous complaints of misconduct received in any manner dealing with a possible disciplinary action, shall be prepared on an Allegation of Employee Misconduct form (MCSO FM 87-008). Any completed MCSO FM 87-008 or any other type of complaint against any employee concerning misconduct, shall first be reviewed by the Chief Inspector of Professional Standards prior to any investigation and before any discipline is administered. 6.2 Each level of discipline shall be fully documented through the chain of command. The Office of Professional Standards shall maintain a record of all disciplinary actions, as governed by Florida Statutes and Administrative Codes. 6.3 The Office of Professional Standards shall file all IA investigative records as received and stored in a secured location. Access shall be restricted to personnel authorized by the Chief Inspector of Professional Standards and/or the Sheriff. 6.4 Requests for records, either external or internal, shall be treated as public record requests, and all rules and procedures of such requests shall be followed. Requests will be made through the Custodian of Records and may be destroyed as per public record law. 6.5 If a complaint of employee misconduct is received and the supervisor believes the complaint requires immediate attention, a Professional Standards investigator shall be contacted. No internal investigation will be implemented without the approval or authorization of the Sheriff and Chief Inspector of Professional Standards. Discipline 6 6.6 If a supervisor initiates the complaint, the original Allegation of Employee Misconduct (MCSO FM 87-008) report shall be sent through the affected employee’s Bureau Chief to the Office of Professional Standards. After evaluation, Professional Standards shall determine what investigative action will be implemented. 6.7 Upon review of the alleged employee misconduct, the Office of Professional Standards shall determine if the investigation can be completed by a supervisor. The Office of Professional Standards shall assign the investigation to a supervisor deemed appropriate by the Bureau Chief and this investigation will be assigned through BlueTeam. The Office of Professional Standards will be responsible for monitoring all administrative / internal complaints to their logical conclusion. At the conclusion, Professional Standards will review, maintain, and document the investigative reports and findings. 6.8 An administrative complaint investigation assigned to a supervisor shall be completed and sent through the investigators chain of command through BlueTeam within (45) workdays. If for any reason an investigation cannot be completed within the allotted time, the supervisor shall contact Professional Standards for an extension. 6.9 Any investigation in which the subject of the investigation is either a certified corrections officer or certified law enforcement officer, must be conducted in compliance with the Florida State Statutes as outlined in 112.532; 112.533; and 112.534, Law Enforcement Officers’ and Correctional Officers’ Rights. It is the responsibility of Professional Standards to ensure that our agency remain current with any changes to the aforementioned statutes. 6.10 All identifiable witnesses shall be interviewed, whenever possible, prior to the beginning of the investigative interview of the accused employee. 6.11 FSS 112.533 (2)(a) outlines one review exception that pertains to Certified Correction Officers. It states, “If a witness to a complaint is incarcerated and may be under the supervision of, or have contact with, the officer under investigation: Only name and written statements of the complainant and non-incarcerated witnesses may be reviewed by the officer under investigation.” 6.12 The completed administrative complaint investigation will be forwarded to the investigator’s bureau chief/designee for review and verification for: Discipline 6.12.1 Any indication that the case was improperly investigated, not brought to a logical conclusion or an improper finding was reached. 6.12.2 If after review of the completed investigation, the Bureau Chief/designee feels that a general order, policy, procedure, rule or training should be modified, he/she shall set forth a recommendation in a written report to the chief deputy and executive staff for review. 7 7.0 6.13 After their review, the Bureau Chief/designee shall forward the report to the Chief Deputy/Sheriff for review. 6.14 If the investigation concludes with a sustained finding, a disciplinary action must be included on a separate memorandum. 6.15 If during either a criminal or an internal investigation it becomes prudent to reassign the employee under investigation from his/her normal workstation to an alternate/temporary workstation for the duration of the investigation, the employee shall not be allowed to take accrued leave without authorization from Professional Standards. An exception would be for emergency leave. RED LIGHT VIOLATIONS (RLV) 7.1 Upon review of Red Light Violation (RLV) notice, it is the policy of the Manatee County Sheriff’s Office that these cases be investigated. Under the direction of the Office of Professional Standards, the RLV will be reviewed to determine if the violation was excusable, meaning there was a valid law enforcement related reason for running the red light. If the RLV is not excusable, the Office of Professional Standards shall assign the investigation to the supervisor deemed appropriate by the Bureau Chief and this investigation will be assigned through BlueTeam. The Office of Professional Standards will be responsible for monitoring all RLV to their logical conclusion. At the conclusion, the Office of Professional Standards will review, maintain, and document the investigative reports and findings. 7.2 The RLV assigned to a supervisor shall be completed through the investigators chain of command through BlueTeam and sent to the Office of Professional Standards for review within (45) workdays. If for any reason an investigation cannot be completed within the allotted time, the supervisor shall contact the Office of Professional Standards for an extension.. 7.3 Minor violations shall require a review of the previous twelve months prior to the date of the recent incident was received. 7.4 Serious and extreme violations shall require a review of the previous three (3) years prior to the date the recent incident was received. 7.5 If the RLV investigation found the traffic infraction was not excusable, the below schedule shall be utilized by the Office of Professional Standards to make recommendations for discipline to the Sheriff. 7.6 Minor Violation – One caused by slight negligence or carelessness, which had a minimal potential for serious injury or property damage. Discipline 8 7.6.1 First Offense – Counseling which shall be documented only in Professional Standards and the effected employee’s performance record. 7.6.2 Second Offense – Letter of Reprimand. 7.6.3 Third Offense – 1 day suspension and a 30-workday loss of take-home vehicle. 7.6.4 Fourth Offense – 3 day suspension and a 60-workday loss of take-home vehicle. 7.6.5 Fifth Offense - 5 day suspension and three to six months loss of take-home vehicle. 7.7 Serious violation- One caused by greater negligence or carelessness which has a potential for serious bodily injury/ property damage, e.g., speeding above the posted limit or speed set by Florida Statute; traffic conditions; time of day. 7.7.1 First Offense – Letter of reprimand and a 30-workday loss of take-home vehicle. 7.7.2 Second Offense – 1 day suspension and a 60-workday loss of take-home vehicle. 7.7.3 Third Offense – 3 day suspension and 3 to 6 months loss of take-home vehicle. 7.7.4 Fourth Offense – 5 day suspension to termination and up to permanent loss of take-home vehicle. 7.8 Extreme violation – One caused by driving a vehicle in a reckless or irresponsible manner, or with gross disregard for the safety of persons/property, or which exhibits willful abuse of authority, e.g., running a red light while in pursuit above the limit set by General Orders and Florida Statute that endangered others. 7.8.1 First Offense – 2 day suspension and a 60-workday loss of take-home vehicle. 7.8.2 Second Offense – 5 day suspension to termination and permanent loss of take-home vehicle. 8.0 GARRITY/ADMONITION 8.1 Discipline A statement of a public employee and evidence derived from any such statement cannot be used against that employee in a criminal prosecution when the statement is taken under threat of potential termination of employment. Such a statement is 9 considered “coercion” under the 5th and 14th Amendments of the U.S. Constitution Garrity v. New Jersey, 385 U.S. 493 (1967). For the purpose of this General Order, the terms Garrity and Admonition are interchangeable. 9.0 8.2 Supervisor's conducting investigations, which could lead to disciplinary action, including traffic crashes, shall provide Garrity to the affected employee(s) prior to the interview. Garrity is not automatically implied when a supervisor is making inquiries to a subordinate, unless the proper written Garrity form is signed. The Garrity form must be understood and signed by the subordinate before the interview. 8.3 It is imperative to remember, Garrity is never automatically implied. 8.4 Any statements given by an employee under investigation pertaining to any possible self- incriminating criminal matter, prior to the Garrity form being signed can be used in any manner deemed appropriate by the State Attorney's Office. 8.5 Any investigation being conducted that could result in a violation of the law shall be completed before the affected employee signs the Garrity form. 8.6 Other than traffic crashes, no supervisor shall provide Garrity until a complaint number has been assigned by Professional Standards. SANCTIONS 9.1 The Manatee County Sheriff’s Office utilizes a progressive discipline system as an effective way to correct employee performance problems. Progressive discipline generally includes a series of increasing sanctions for repeated or multiple offenses, typically beginning with a written reprimand. Progressive discipline procedures also help ensure uniformity and consistency in the administration of disciplinary action, which minimize exposure to discrimination claims. 9.2 Progressive discipline is an employee disciplinary system that provides a graduated range of responses to employee policy violations and/or conduct problems. Disciplinary sanctions range from mild to severe, depending on the nature and frequency of the problem. For example, a written reprimand might be appropriate for an employee who commits a minor policy violation, while more serious discipline, might be called for if an employee has committed multiple violations during the reckoning period, or termination may be sought if the violation is considered egregious. 9.3 There shall be nine different levels of disciplinary sanctions, including a verbal reprimand. Each level provides for an increased negative impact to the charged employee. This separation is a method of altering the behavior of employees and promoting compliance with mandated objectives. The steps begin with the level of least impact and continue upward to the most serious. Any level may include any part of, or all of, any other level. Discipline 10 9.4 A disciplinary sanction may only be issued if an Allegation of Employee Misconduct form was initiated and after a sustained disciplinary finding has been rendered. 9.5 The nine disciplinary sanctions are: (1) Verbal reprimand, (2) Written reprimand, (3) Loss of a specific job-related privilege, (4) Payment for damages to property or misuse of equipment (i.e., Taser), (5) Suspension, (6) Disciplinary transfer, (7) Reduction to pay, (8) Demotion, and (9) Termination. 9.6 A verbal reprimand may only be issued by the Sheriff/Chief Deputy/Bureau Chief/or designee after a sustained disciplinary finding has been rendered. 9.6.1 A verbal reprimand should not be confused with verbal counseling, which is a non-disciplinary action and can be issued by any supervisor as a form of corrective action. Verbal counseling shall be noted in the employee’s evaluation. 9.6.2 A verbal reprimand shall be documented in the employee’s evaluation by the Sheriff/Chief Deputy/Bureau Chief or their designee. 9.7 Subsequent a sustained finding, the employee could receive a written reprimand documenting their actions. 9.7.1 Written reprimands shall be documented and maintained by Professional Standards, and a copy shall be forwarded to Human Resources for filing in the affected employee's personnel file. 9.8 A Lieutenant/Director/Unit Manager and above may temporarily cause the loss of a specific job- related privilege, e.g., take home agency vehicle. This action may be appropriate in instances involving the misuse of the particular privilege. Documentation of this action will immediately be forwarded through the chain of command to the Office of Professional Standards for further evaluation. 9.9 A payment may be required from the charged employee less than (43) hours pay. This payment is levied to the charged employee for damages to property due to negligence or misconduct, e.g., motor vehicle traffic crash. 9.9.1 No employee will be required to make payment that exceeds the monetary equivalent of (43) hours pay without an investigation conducted by Professional Standards that concludes with a sustained finding. Any payment levied as part of the discipline would be subject to the appeals governed by the Career Service Act. 9.10 Discipline The Sheriff/Chief Deputy/Bureau Chief/Division Commander or the Sheriff’s designee shall have the authority to suspend an employee from duty as a disciplinary measure. However, if the suspension is for more than (43) hours, only the Sheriff/Chief Deputy 11 and Sheriff’s designee shall have the authority to suspend. All employees shall be notified in advance of this type of sanction. 10.0 9.11 If a disciplinary transfer is deemed appropriate, it shall be recommended and initiated by the Sheriff/Chief Deputy/Bureau Chief. 9.12 If a demotion or termination is deemed appropriate, it shall be recommended and initiated by the Sheriff or his designee. 9.13 The employee shall have the right to appeal to the Career Service Board a suspension exceeding (43) hours, disciplinary levied payments or transfers involving a reduction in pay, a payment levied in excess of (43) hours, a demotion, or termination to the Career Service Board, if applicable. SUSPENSIONS 10.1 Employees may be suspended from duty for non-disciplinary and disciplinary reasons. 10.2 Non-disciplinary suspension (Administrative Leave with Pay). 10.2.1 When an employee’s actions result in death or serious bodily injury, to include any accidental and/or deliberate acts while performing work related duties, the employee shall be immediately placed in an Administrative Leave with Pay (ALWP) status until a preliminary administrative review is conducted to ensure the personal emotional needs of the employee may be addressed and all facts surrounding the incident verified. Employees may be placed on ALWP for other critical incidents at the Sheriff’s discretion. ALWP can be affected by any supervisor and shall continue until otherwise ordered by the Sheriff/Chief Deputy. The action and preliminary administrative review will be documented by Professional Standards. > 10.2.1.1 Discipline A written report will be submitted, and a documented review will be conducted at the direction of the Chief Inspector of Professional Standards. 10.2.2 The Sheriff/Chief Deputy or the employee’s Bureau Chief will determine what issued property and status the affected employee will maintain while on ALWP. 10.2.3 While on ALWP, the employee will be required to be available for contact during normal business hours. Additionally, the employee shall continue to be liable for any violation of GOs, policies, rules, and procedures. 12 10.3 EMERGENCY SUSPENSIONS 10.3.1 10.3.2 An employee may be placed on emergency suspension for a period of (24) hours with pay when a supervisor has reasonable cause to believe that he or she has committed one or more of the following: 10.3.1.1 An employee is, or has been, insubordinate, and when such insubordination may cause immediate problems. 10.3.1.2 An employee is in violation of any General Order, policy, rule, or procedure and the supervisor reasonably believes immediate suspension is required. 10.3.1.3 It is necessary for the preservation of order and discipline. The supervisor responsible for suspending an employee shall promptly forward a written report to the Sheriff/Chief Deputy through the chain of command, with a copy to the Office of Professional Standards, detailing the disciplinary allegations surrounding the suspension from duty. In no case shall such a report be delayed beyond (24) hours from the time of suspension. 10.3.2.1 Discipline A commander may suspend an employee from duty with pay for a period of (72) hours for the purpose of preparing disciplinary allegations on an Allegation of Employee Misconduct form. 10.3.3 A supervisor shall immediately contact Professional Standards and their chain of command should an employee report for duty while under the influence or impaired because of an intoxicant/drug or consumes an intoxicant/drug while on duty. Refer to General Order 1015-Drug Screening for additional guidance. 10.3.4 A supervisor shall immediately contact Professional Standards if an employee has been involved in a criminal act or whose conduct is contrary to justice, honesty, or morality. 10.3.5 While on suspension, the employee will be required to be available for contact during normal business hours. Since the employee is being compensated, they will be immediately available for contact and any failure could result in additional discipline. The suspended employee shall continue to be liable for any violation of General Orders, policy rules, procedures and any scheduled court or deposition appearances. 10.3.6 When an employee is suspended from duty, the suspending supervisor or Sheriff’s designee shall secure his/her badge, issued weapon, and identification card. A receipt, in memo form, shall be issued to the 13 employee. A copy of this receipt shall remain part of the case file. The employee’s assigned vehicle shall be parked in the appropriate District parking lots or at the Fleet Maintenance Facility. 10.3.7 10.4 Deputies suspended from duty shall have no law enforcement authority. During the period deputies are suspended from duty, they shall not carry any MCSO approved firearms, they shall not be permitted to wear the uniform, work in a law enforcement related part time job, or operate a department vehicle without permission from the Sheriff/designee. DISCIPLINARY SUSPENSIONS 10.4.1 While on suspension, all employees shall continue to be liable for any violation of General Orders, policies, rules, and procedures. 10.4.2 Employees may be required to surrender some or all properties that have been issued to them. Employees shall not wear an agency uniform or perform their duties, or the duties of any other employee's position, while under suspension. Deputies suspended from duty, shall not carry any MCSO approved duty weapons in any official MCSO capacity. 10.4.3 All suspensions shall begin on the first day of a pay period and specify the number of hours for which the suspension is effective. An exception would be for the good of the agency. 10.4.4 Except as stated herein, employees shall not work so as to subvert compensation loss during the pay period in which the suspension is in effect, e.g., take Annual Leave in lieu of suspended days, or work in a law enforcement related off duty employment, or work overtime during the pay period the suspension is in effect. 10.4.4.1 11.0 An exception would be for suspensions in excess of (43) hours the employee may request that annual leave be deducted from his/her vacation/EPLCOMP accruals for up to 50% of the total suspension period, i.e., the employee receives an (86) hour suspension from duty. He/she must serve at least (43) hours of the suspension without pay. The remaining hours will, at the employee’s written request be deducted from the employee’s selected leave accruals. COMPLIANCE 11.1 Discipline It is the responsibility of the Manatee County Sheriff’s Office to enforce the laws of 14 this nation including this agency’s Code of Ethics is the trust of the community and “Whether on or off duty, we will behave according to the highest set of ethical standards.” In order to maintain the goals and objectives of the Manatee County Sheriff’s Office, members shall conduct themselves in a manner that garners public support and confidence. To maintain that respect and trust, it is necessary to balance the interest of employees in their personal conduct and associations with the interest of the Sheriff’s Office in promoting the efficiency of the public service it performs through its employees. Sheriff’s Office employees are representative of government, and as such, shall be aware of public perception of such activities as well as being aware of the inherent risk they might unintentionally become involved in when engaging in questionable activities. 11.2 All employees shall obey agency General Orders, policies, rules, and procedures. Violation(s) of any of the foregoing shall be classified as administrative offenses corresponding to general categories: (a) Conduct Unbecoming an Employee, (b) Insubordination/Disobedience to Orders, (c) Neglect of Duty, (d) Unlawful Conduct, and (e) Harassment.. 11.3 When an employee is charged with an administrative offense, the documentation shall contain the general category and an account of the actual events surrounding the incident. 11.4 Sustained violations of Conduct Unbecoming an Employee, Insubordination/ Disobedience to Orders, Neglect of Duty, Unlawful Conduct, or Harassment or any combination thereof, may result in disciplinary action from a verbal reprimand to termination. 11.4.1 11.5 12.0 General Orders, policies, rules, and procedures are intended to improve employee conduct and performance through progressive training or discipline. Repeated offenses, regardless of category, shall generate progressively increased discipline. The Sheriff/Chief Deputy may at his discretion, authorize suspension of GOs, policies, rules, and procedures when necessary for covert investigations, or to achieve identified law enforcement objectives. The Sheriff/Chief Deputy/Bureau Chief or any other designee approved by the Sheriff may suspend, countermand a rule or procedure, only when failure to do so would obstruct the achievement of objectives or be adverse to the agency. In such cases, written explanation shall be immediately forwarded to the Sheriff. ADMINISTRATIVE OFFENSES - The five categories of administrative offenses and examples are: 12.1 CONDUCT UNBECOMING 12.1.1 Discipline The contents of any General Order, policy, rule, or procedure shall not 15 be considered all inclusive. Act(s) on the part of any MCSO employee which either undermines the public confidence in law enforcement, or creates the appearance of impropriety, or reflects negatively on the office of the Sheriff or law enforcement in general, or indicates a lack of respect for established policies, practices, procedures, or violates the Preface of our General Orders as it pertains to the agency’s Mission, Core Values, professionalism, Code of Ethics, attitudes, courtesy and public confidence is conduct unbecoming a deputy/employee. The following are specific instances of conduct unbecoming. (Violation is subject to written reprimand to termination). 12.1.2 Failing to avoid conduct which may be considered immoral or embarrassing to the agency as cited under this agency Code of Ethics and specifically, “I will keep my private life unsullied as an example to all.” (Violation is subject to 5 days suspension to termination) 12.1.3 Participating in political activities, including campaigning or lobbying, while on duty or using an official position when engaged in political activities. (Violation is subject to written reprimand to termination). Discipline 12.1.4 Smoking or chewing tobacco, e-cigarettes or vaping, or chewing gum when dealing with the public while on duty or smoking / vaping in any MCSO vehicle or building or other non-smoking / non-vaping area. (Violation is subject to written reprimand to 1-day suspension). 12.1.5 An employee shall not make derogatory remarks concerning race, sex, religion, age, disability, sexual orientation or national origin of any person, or any other protected class. (Violation is subject to written reprimand to termination). 12.1.6 Employees shall not fire warning shots. (Violation is subject to 30 days to termination). 12.1.7 Misuse, mishandling, or improper display of firearms. (Violation is subject to written reprimand to termination). 12.1.8 Failing to follow General Orders, policies, rules, or procedures in the use of deadly force to the extent injury or death results or is likely to result, even when Florida law may authorize such use of deadly force. (Violation is subject to 5 days suspension to termination). 12.1.9 Manatee County Sheriff’s Office employees, while on or off duty, shall not accept or solicit, either directly or indirectly, any money, valuable item, discount, gift, gratuity, loan, fee, reward, or anything of SIGNIFICANT value from any person or entity offered because of the 16 employee’s employment or any activity connected with said employment unless first reviewed by the Management Team via a memorandum through the chain of command and then approved by the Sheriff/Chief Deputy/designee, or authorized by law. Acceptance of a discounted meal, discounted car wash, and/or coffee/beverages, would not be considered a violation, as long as the discount is not significant in value received. (Violation is subject to 5 days suspension to termination). For this General Order, significant value is considered to be anything reasonably valued at more than twenty-five dollars. (Violation is subject to 5 days suspension to termination) 12.1.9.1 Employees shall not accept or solicit compensation for services performed either while in the line of duty or while working in their official capacity, other than that which is paid to them by this agency. (Violation is subject to written reprimand to 5 days suspension). 12.1.9.2 Employees shall not accept or solicit, either directly or indirectly, any discount, gift, gratuity, loan, reward, or anything of value or as a result of purchase or trade, from suspects, prisoners, persons recently arrested, known illegal gamblers, or prostitutes or from any business that is associated, governed, or governed in part by this agency, i.e., professional bond persons, adult entertainment establishments, bars, wrecker services, pawn shops/pawnbroker or businesses utilizing off duty law enforcement employers. (Violation is subject to 5 days suspension to termination). 12.1.9.3 Employees shall submit to the Management Team for review and then approval of the Sheriff/Chief Deputy/designee prior to making requests of businesses, other organizations, or individuals for funding of items for any event, team, or entity under the auspices of, or using the name of the Manatee County Sheriff’s Office. (Violation is subject to written reprimand to termination). 12.1.9.4 Employees shall not use their official position to gain free admission to any public event or place of amusement, except in an official capacity, nor shall the official badge or identification card be used for personal or financial gain. This General Order does not prohibit employees from accepting publicly advertised discounted admissions for Sheriff’s Office employees to events that are honoring law enforcement. (Violation is subject to written reprimand to termination). 12.1.10 Discipline Failing to impartially conduct the job of law enforcement, willful neglect of official duties. (Violation is subject to written reprimand to 5 days 17 suspension). Discipline 12.1.11 Publicly criticizing General Orders, policies, rules, procedures, or orders issued. (Violation is subject to written reprimand to 5 days suspension). 12.1.12 The perpetration by an employee of an act or conduct which causes substantial doubts concerning the employee’s honesty, fairness, or respect for the rights of others or for the laws of the state and nation, irrespective of whether such act or conduct constitutes a crime. (Violation is subject to 5 days suspension to termination). 12.1.13 Participating in legal games of chance/gambling while on duty. (Violation is subject to written reprimand to termination). 12.1.14 Physically fighting with another employee. (Violation is subject to 5 days suspension to termination). 12.1.15 Using rude, profane, insulting language offensive to the public while on duty or failing to represent the MCSO in a professional manner. (Violation is subject to written reprimand to 5 days suspension). 12.1.16 Disclosing a criminal informant’s name to unauthorized persons. (Violation is subject to 5 days suspension to termination). 12.1.17 Sheriff’s Office personnel shall protect the identity of deputies engaged in covert operations and shall not intentionally expose the identity or occupation of deputies engaged in covert operations. (Violation is subject to 5 days suspension to termination.) 12.1.18 Destroying evidence or tampering/altering evidence. (Violation is subject to 5 days suspension to termination). 12.1.19 Illegally using or being in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a licensed practitioner or pursuant to a valid prescription or order of such a practitioner while acting in the course of his/her professional practice or possessed in performance of covert/official duties. (Violation is subject to 5 days suspension to termination) 12.1.20 Employees shall not consume, ingest, possess, or share alcoholic beverages while on duty, off duty in full or part uniform or report for duty or be on duty having consumed or under the influence of any alcoholic beverages. (Violation is subject to written reprimand to termination). 18 12.1.21 Failing to treat the home addresses and telephone numbers of any active or former certified law enforcement/correctional/civilian personnel and their family including adult children as confidential information. Such information shall be released only when authorized by a Bureau Chief. (Violation is subject to written reprimand to 5 days suspension). 12.1.22 Sheriff’s Office personnel shall avoid personal involvement in neighborhood controversies or family disputes. Such disputes shall be investigated by impartial on-duty deputies. Sheriff Office personnel shall not attempt to exercise authority or make a n arrest in their own quarrels. The employee shall contact a superior officer who shall cause the matter to be investigated and action taken by impartial deputies having no personal interest in the dispute. (Violation is subject to written reprimand to termination.) 12.1.23 Knowingly making statements regarding liability when involved in a personal injury or property damage crash while on duty or while operating an agency vehicle. Employees shall not make statements concerning the responsibility for such crashes. Other persons involved in crashes should be referred to their own insurance companies. (Violation is subject to written reprimand to 5 days suspension). 12.1.24 Engaging in the proliferation of rumor(s). (Violation is subject to written reprimand to 5 days suspension). 12.1.25 Failing to secure consent of the Sheriff/Chief Deputy prior to making any formal public appearance or publishing any article pertaining to the release of any agency information which is not within their official duties. (Violation is subject to written reprimand to termination). 12.1.26 Expressing personal opinions to the public on religious, political, economic, or other questions of controversial nature while on duty, without prior knowledge and approval of the Sheriff/Chief Deputy. (Violation is subject to written reprimand to 5 days suspension). 12.1.27 Discipline Failing to obtain the approval of the Sheriff/Chief Deputy before authorizing the written, electronic, or other use of one’s name, photo, official title, or other information which identify one as an employee. This would include, but not be limited to, testimonials, endorsements, statements, ads, personal web pages, or on any form of social networking websites. Employees shall not post any images of Sheriff’s facilities, equipment, uniforms, letterhead(s), or activities without prior approval. (Violation is subject to written reprimand to termination.) 19 Discipline 12.1.28 Failing to obtain prior approval from the Chain of Command before engaging in other employment, occupation, profession, or commercial enterprise; permitting or engaging in the sale or distribution of alcoholic beverages, or being employed directly or indirectly in connection with the operation of any business licensed under the beverage law, or owning any stock or interest in any firm, partnership or corporation dealing in the sale or distribution of alcoholic beverages except as provided by general law. Approval shall not be granted for off duty employment which (a) might interfere with official duties, (b) involves bail bond agencies, (c) investigative agencies, (d) insurance agencies, € collection agencies, (f) security agencies, (g) pawn shops/pawnbrokers or (h) attorneys. This applies to both sworn and civilian personnel. No portion of this General Order may be utilized to circumvent the restrictions found in Florida State Statue 561 or 112.313(7). [General Order 1026 also addresses Off- Duty/Secondary Employment]. (Violation is subject to 5 days suspension to termination). 12.1.29 Failing to obtain authorization from the Chain of Command before using equipment not regularly assigned, or before entering any locked or restricted area. (Violation is subject to written reprimand to 5 days suspension). 12.1.30 Wearing the official uniform while under disciplinary suspension, except as authorized by the Sheriff/Chief Deputy, or the employee’s Bureau Chief. (Violation is subject to written reprimand to 5 days suspension). 12.1.31 Failing to ascertain the likely effect of prescription medications from the prescribing physician before reporting for duty. Reporting for duty while taking lawfully prescribed medications that have an adverse effect on the ability to safely and effectively perform job duties. (Violation is subject to written reprimand to termination). 12.1.32 Sheriff’s Office personnel shall not knowingly harbor a serious communicable disease which may endanger others or knowingly expose others to serious communicable disease. (Violation is subject to 5 days suspension to termination.) 12.1.33 Interfering with cases being processed by other deputies of the MCSO or other governmental agencies or undertaking any investigation or other official action not part of their regular duties unless ordered to do so by a superior, or unless the intervening deputy reasonably believes that failure to act would result in any injustice, or the circumstances of the situation require immediate action. The intervening deputy must immediately notify their supervision of the actions they have 20 undertaken if they believe failure to act would result in any injustice, or the circumstances required immediate action. (Violation is subject to 5 days suspension to termination). 12.1.34 Attempting to, or securing the abandonment or withdrawal of a complaint, charge, or allegation, either directly or indirectly, by threat, appeal, payment of money, or other consideration. (Violation is subject to 5 days suspension to termination). 12.1.35 Marking, marring, altering, or defacing any printed or written notices placed on bulletin boards, or surfaces of buildings, facilities, or vehicles. (Violation is subject to written reprimand to 5 days suspension). 12.1.36 Failing to deliver to the proper custodian and/or failing to report delivery to the proper custodian, any money or other property coming into possession of employees, which does not belong to such employees. (Violation is subject to 5 days suspension to termination). 12.1.37 Knowingly associating with any person or organization which advocates or is instrumental in fostering hatred or persecution of any person or group of persons, or knowingly associating with any person or group which advocates the overthrow of the United States Government. (Violation is subject to 5 days suspension to termination). 12.1.38 Employees shall not associate or have contact with any person whom they know or reasonably should have known are convicted felons, or who are under criminal investigation, indictment, or sentence for a felony offense, or who are incarcerated in any local, state, or federal correctional facility, or members of documented street gangs, unless such person is a member of the immediate family. For the purpose of this policy, immediate family includes spouse, parents, grandparents, employee’s siblings, children, and father-in-law or mother-in-law, or as authorized by the Sheriff. However, all employees are required to report through the chain of command to the Sheriff their contact and relationship with any person whom they know or reasonably should know is a convicted felon, or who is under criminal investigation, indictment, or sentence for a felony offense, or who is incarcerated in any local, state, or federal correction facility offense, or is a member of a documented street gang, even if such person is a member of the immediate family. (Violation is subject to 5 days suspension to termination). 12.1.38.1 Discipline Failing to notify the Sheriff in writing when an employee becomes aware that they are involved in a personal or business relationship with a convicted felon, person under indictment, or 21 persons who have criminal reputation(s) in the community. (Violation is subject to 5 days to termination). Discipline 12.1.39 Failing to use only that degree of force necessary to perform official duties; except, when necessary, in self-defense, in defense of another, to overcome actual physical resistance to arrest, or to prevent escape. Any use of force greater than routine contact and/or resulting in injury shall be reported. (Violation is subject to written reprimand to termination). 12.1.40 Untruthfulness not in an official proceeding: Employees shall be truthful and shall not knowingly make misleading, false, or untrue statements. (Violation is subject to 5 days to termination). 12.1.41 Untruthfulness in official proceedings and in any report or record: Employees shall be truthful in any official proceeding, including, but not limited to, criminal or civil court proceeding, depositions, administrative hearings, and administrative investigations. Employees shall not knowingly be untruthful in, or falsify, any official report, including, but not limited to agency incident reports. (Violation is subject to 5 days suspension to termination). 12.1.42 Sheriff’s Office personnel shall adhere to the organizational chain of command in the course of regular duties except when necessary to maintain the moral character and / or the integrity of the Sheriff’s Office., (Violation is subject to written reprimand to 5 days suspension.) 12.1.43 Sheriff’s Office personnel shall not commit, by act or omission, any flagrant or tortuous act while in the performance of their duties. Violations of the Civil Rights Acts under color of law, Title 18, Section 241 and 242, United States Code are felony offenses. (Violation is subject to 30 days suspension to termination). 12.1.44 Employees shall not consume alcoholic beverages and/or frequent premises established primarily for the consumption or sale of alcoholic beverages while off duty AND voluntarily displaying agency identification for no valid reason, while acting as a private individual not conducting official business. (Violation is subject to written reprimand to termination). 12.1.45 Abuse of authority. (Violation is subject to written reprimand to termination). 12.1.46 Attempting to assist, associating with, or performing favors for any person in custody, whether in Manatee County or any other location, except with authorization of the Sheriff or his designee. (Violation is 22 subject to 5 days suspension to termination). 12.1.46.1 Employees shall only associate with an inmate or family of an inmate in their official capacity. An employee shall gain a supervisor’s authorization prior to personally assisting an inmate, family members of an inmate, or any associate of an inmate in any form or fashion. This includes, but is limited to, placing funds in an inmate’s commissary account, delivering messages to or from an inmate, providing any material, in any form, to or from an inmate. (Violation is subject to written reprimand to termination). 12.1.46.2 No employee shall assist or aid in the posting of bond for any person in custody, except for an immediate family member. They shall immediately report their actions to their chain of command. Note: Immediate family member is defined as spouse, parents, grandparents, employee’s siblings, children, and father-in-law or mother-in-law, or as authorized by the Sheriff. (Violation is subject to 5 days suspension to termination). 12.1.47 Any property found by an MCSO employee, whether on or off duty, will be considered to be found as an official representative of the agency and as such no MCSO employee or family members shall make any claim on such found property. Additionally, no employee, or immediate family member is permitted to claim, bid on or purchase any property directly or indirectly that has been used or owned by the Manatee County Sheriff’s Office without the prior permission of the Sheriff, e.g., office equipment, computers, vehicles, firearms, tools, evidence, found property, auctions, etc. (Violation is subject to 5 days suspension to termination). 12.1.48 Extramarital affairs among members of the agency may be prohibited. (Violation is subject to written reprimand to termination). 12.1.49 Employees of the Manatee County Sheriff’s Office are mandated to accept any subpoena or notice of taking deposition and appear for all judicial proceedings, to include reporting as a witness. Failure to comply may result in disciplinary action. (Violation is subject to written reprimand to termination). 12.1.49.1 Discipline Any employee who receives notification that they are to appear for an order to show cause hearing or a contempt of court hearing where the basis of such is the employee’s failure to appear as required by a subpoena or notice of taking deposition, shall immediately notify their supervisor within their 23 chain of command or an on-duty supervisor. The supervisor receiving this information shall immediately notify their Bureau Chief through the proper chain of command and shall also notify Professional Standards. It is the responsibility of the employee to ensure that this notification is made in person or by personal telephone contact. Recorded messages and e-mails for the purpose of this notification are not acceptable. (Violation is subject to written reprimand to 5 days suspension.) 12.1.49.2 Discipline The involved employee shall immediately report to their supervisor/chain of command and Professional Standards the final disposition of their court appearance. Failure to follow this order shall result in disciplinary action. (Violation is subject to written reprimand to 5 days suspension.) 12.1.50 Employees participating, outside this agency, in any educational, instructional, or training program, whether as an instructor, student, trainee or otherwise, shall obtain written approval from their division commander prior to utilizing any item created or obtained in connection with any investigation conducted by the Manatee County Sheriff’s Office. This includes, but is not limited to, incident reports, search warrants, photographs, video recordings, or any other item regardless of evidentiary value or an item’s status as a public record. (Violation is subject to written reprimand to 5 days suspension). 12.1.51 Feigning illness or injury, or falsely reporting ill or injured, or otherwise deceptive to the condition of health for any reason whatsoever. (Violation is subject to written reprimand to termination). 12.1.52 Refusing to give name and identification number when requested by the public while on duty, or if self-identified as an employee of the MCSO. (Violation is subject to written reprimand to 5 days suspension). 12.1.53 Unless required by subpoena or other order of the court, no employee shall appear or give testimony as a character witness for any defendant in a criminal trial, sentencing hearing, or inquiry without prior written approval from the Sheriff/Chief Deputy, or his designee. Should any employee be required to so appear by subpoena or other order of the court, the employee must make notification to the employee’s Bureau Chief through the proper chain of command and shall also notify Professional Standards. (Violation is subject to written reprimand to termination). 12.1.54 Employees appearing in court for personal reasons shall not give the impression that they represent the MCSO and uniforms shall not be worn under these circumstances. (Violation is subject to written 24 reprimand to termination). Discipline 12.1.55 Maliciously interfering with law enforcement radio broadcasting and/or tampering with law enforcement radio equipment. (Violation is subject to 5 days suspension to termination). 12.1.56 Communicating or imparting restricted and/or confidential law enforcement information, either in writing or verbally, to unauthorized persons or without a legitimate law enforcement purpose. (Violation is subject to 5 days suspension to termination). 12.1.57 Recommending specific services to civilians, e.g., attorneys, bondsmen, towing of vehicles, etc. (Violation is subject to written reprimand to 5 days suspension). 12.1.58 Employees shall not use the MCSO as a receiving point for personal mail. The only acceptable exception shall be the statutorily authorized receipt of drivers’ license and auto tag renewals. (Violation is subject to written reprimand to 5 days suspension). 12.1.59 Use of bias policing tactics. (Violation is subject to written reprimand to termination). 12.1.60 No agency property shall be borrowed or allowed to be borrowed for personal use by any employee, employee family member, employee friend or any business that deals with the Manatee County Sheriff’s Office. Use of any property for purposes other than MCSO business shall be authorized by the Sheriff or his designee. In addition, employees shall not use or attempt to use agency property to secure a special privilege or benefit for themselves or others. Agency property includes any form of real or personal property in which the agency has an ownership, leasehold, or other property interest as well as any services of contractor personnel retained by or for the use of the agency. Authorized purposes are those specific purposes for which the property is made available to employees. Employees shall promptly notify their chain of command or Professional Standards of any actual or attempted misuse of agency property as described herein. (Violation is subject to written reprimand to termination). 12.1.61 Except in the performance of their official duties as permitted by statute, Manatee County Sheriff’s Office employees shall not record conversations of another person, including any member of the agency, without his or her prior knowledge and consent. (Violation is subject to written reprimand to termination.) 12.1.62 Employees shall not willfully enter, for any purpose other than those 25 listed within section 553.865(6), Florida Statutes, a restroom or changing facility designated for the opposite sex within any MCSO operated or controlled facility or building and refuse to depart when asked to do so by any other employee. (Violation is subject to written reprimand to termination.) 12.2 12.3 Discipline INSUBORDINATION 12.2.1 The act of refusing to obey proper orders, oral or written, from an employee of superior rank or the act of showing disrespect to an employee of superior rank is insubordination. (Violation is subject to written reprimand to termination). The following are specific instances of insubordination/disobedience. 12.2.2 Engaging in concerted job actions such as curtailment or restriction of work output; or interfering with work in or about other work stations including, but not limited to, instigating, leading, or participating in any walk-out, strike, sit down, stand in, slow-down, refusal to return to duty at the scheduled time; or otherwise instigate, lead, or contribute to job actions which undermine supervisory authority and which seriously affect discipline, morale, or organizational effectiveness. (Violation is subject to 5 days suspension to termination). 12.2.3 Failing to show proper respect by not addressing deputies/employees by their correct rank or title. (Violation is subject to written reprimand to 5 days suspension). 12.2.4 Failing to submit to required physical or mental examination, or a drug abuse screening test. (Violation is subject to 5 days suspension to termination). 12.2.5 Supervisor dating or pursuing a sexual or romantic relationship with employee(s) they supervise directly or through subordinate supervisors is prohibited. (Violation is subject to written reprimand to termination). 12.2.6 No employee of this agency will patronize any “sexually oriented business” as defined within Manatee County Code Chapter 2-2.5 within the jurisdictional boundaries of Manatee County except as authorized in the performance of official duties. These types of businesses include but are not limited to, live lingerie modeling establishments and adult entertainment establishments. If an employee suspects a business may fall into this category, they should err on the side of caution or contact their supervisor for clarification. (Violation is subject to 10 days suspension to termination) NEGLECT OF DUTY 26 Discipline 12.3.1 Failing to perform prescribed duties for which an employee is compensated OR failing to take law enforcement action, when necessary. (Violation is subject to written reprimand to termination). The following are specific instances of Neglect of Duty. 12.3.2 Failing to be familiar with or failing to adhere to the General Orders. (Violation is subject to written reprimand to termination). 12.3.3 Failing to report for duty or being unfit for duty; failing to stay on work assignments and to remain available for further work assignments. (Violation is subject to written reprimand to termination). 12.3.4 Failing to be familiar with and adhere to Florida Statutes and County Ordinances. (Violation is subject is to written reprimand to 5 days suspension). 12.3.5 Failing to complete and submit all reports and documents required in the execution of duties prior to concluding a tour of duty, except as authorized by a supervisor, or failing to make/complete necessary written reports. (Violation is subject to written reprimand to 5 days suspension). 12.3.6 Sleeping on duty. (Violation is subject to written reprimand to 5 days suspension). 12.3.7 Being absent without leave or any member who takes leave without authorization or who does not report for duty or contact his/her supervisor shall be considered absent without leave (AWOL). After three days of AWOL with no agency contact the employee shall be considered to have abandoned his/her position. (Violation is subject to written reprimand to termination). 12.3.8 Failing to report another employee's illegal or improper action. (Violation is subject to written reprimand to termination). 12.3.9 Failing to properly supervise subordinates, refer disciplinary charges, or take other disciplinary action. (Violation is subject to written reprimand to termination). 12.3.10 Allowing prisoners to escape through carelessness or neglect will be determined by the involved employee(s) supervisor. If the escape was the result of carelessness or neglect, the incident will be documented and then reviewed by the chain of command before any action, if any, is undertaken. (Violation is subject to written reprimand to termination). 27 Discipline 12.3.11 No employee will use or allow the use of inmates/prisoners for their personal use or financial gain(Violation is subject to written reprimand to termination). 12.3.12 Failing to properly patrol zone, and/or assignment/position. (Violation is subject to written reprimand to 5 days suspension). 12.3.13 Failing to thoroughly search, collect, preserve, and identify evidence of a criminal act. Failing to properly deposit/record any property taken into custody, by the end of the shift on which the property was obtained, and showing official acquisition, according to the procedures set forth by the Property and Evidence Section, Criminal Investigation Division, and General Orders. (Violation is subject to written reprimand to termination). 12.3.14 Failing to properly search and/or properly handcuff an arrestee before placing him/her in a vehicle or entering the correctional facility. (Violation is subject to written reprimand to 5 days suspension). 12.3.15 Failing to properly care for assigned equipment, vehicles, or other property. (Violation is subject to written reprimand to 5 days suspension). 12.3.16 Abusing rest periods or taking excessive breaks. (Violation is subject to written reprimand to 5 days suspension). 12.3.17 Failing to monitor and/or respond immediately to radio communication when logged on or listed in service with the Communication Section. (Violation is subject to written reprimand to 5 days suspension). 12.3.18 Loafing on the job; idling and wasting agency time away. (Violation is subject to written reprimand to 5 days suspension). 12.3.19 Failing to perform duties in a conscientious manner or participating in horseplay while on duty. (Violation is subject to written reprimand to 5 days suspension). 12.3.20 Failing to remain at or in assigned work areas during working hours, unless otherwise authorized by a supervisor. (Violation is subject to written reprimand to 5 days suspension). 12.3.21 Failing to report for duty when assigned to work overtime, special hours, or special shifts. (Violation is subject to written reprimand to 5 days suspension). 12.3.22 Endangering others through neglect of duty. (Violation is subject to 5 28 days suspension to termination). Discipline 12.3.23 Failing to take appropriate action or render aid/assistance in response to emergency situations where there is a known danger to the lives of others, and in response to serious crimes, particularly those of a violent nature, which come to his/her attention while on duty. (Violation is subject to 5 days suspension to termination). 12.3.24 Failing to report an accidental injury sustained on duty. (Violation is subject to written reprimand to 5 days suspension). 12.3.25 Failing to promptly report a motor vehicle crash, while operating an agency vehicle, either on or off duty. (Violation is subject to written reprimand to 5 days suspension). 12.3.26 Failing to promptly report loss of equipment, badge, or identification card. (Violation is subject to written reprimand to 5 days suspension). 12.3.27 Failing to take proper action on a complaint received from a citizen. (Violation is subject to written reprimand to 5 days suspension). 12.3.28 Failing to perform required duties because of fear or cowardice. It is realized that deputies shall not be expected or required to enter imminently hazardous situations without assistance; however, they shall not fail to come to the aid of another employee who is already engaged in an imminently hazardous situation, unless the probability of losing their own lives exceeds the probability of a successful rescue. (Violation is subject to 30 days suspension to termination). 12.3.29 Failing to: (a) maintain job knowledge and skills required for the performance of official duties. (b)maintain and demonstrate proficiency in required interpersonal skills and in the care and use of vehicles and equipment; (c) maintain and demonstrate their knowledge of law and criminal procedure;(d) maintain proficiency in the use of firearms; (e) demonstrate proficiency in accordance with established standards and qualification requirements. Employees may be retested for proficiency with each subsequent failure to qualify, constituting an additional offense. (Violation is subject to written reprimand to termination). 12.3.30 Employees shall have dependable telephone service, either via landline, cable provider, or personally owned cell phone, and shall keep the agency informed of their correct telephone number, and correct residential address. (Violation is subject to written reprimand to 1-day suspension). 12.3.31 Failing to maintain any agency approved/issued firearms in a clean 29 and serviceable condition. (Violation is subject to written reprimand to 5 days suspension). 12.3.32 Instituting civil action arising from law enforcement duty without notifying the Sheriff/Chief Deputy. (Violation is subject to written reprimand to 5 days suspension). 12.3.33 Failing to notify their immediate supervisor as soon as they are aware they will not be able to report to work due to personal, injury or family illness. (Violation is subject to written reprimand to termination). 12.3.34 Failing to wear a proper uniform or presenting an untidy appearance, or failing to carry badge, identification card, authorized weapon, duty belt, and other required equipment while on duty. (Violation is subject to written reprimand to 5 days suspension). 12.3.35 Failing to have a valid excuse for tardiness. (Violation is subject to written reprimand to 5 days suspension). 12.3.36 Failing to possess and maintain a current and valid State of Florida Motor Vehicle Operator's license or CDL, when operating a vehicle. (Violation is subject to written reprimand to 5 days suspension). 12.3.37 Unauthorized access of any NCIC/FCIC systems including Driver and Vehicle Information Database (DAVID) , Electronic License and Vehicle Information System (ELVIS), or restricted database or disclosure of any information gleaned to unauthorized individuals, or violation of FCIC/NCIC rules, regulations, or procedures. (Violation is subject to written reprimand to termination). 12.3.37.1 DAVID and ELVIS are governed by rules related to the Drivers Privacy and Protection Act as well as Chapter 119, Florida Statutes. For our agency to utilize DAVID and ELVIS the following requirements must be met: 12.3.37.1.1 Information can only be used for legitimate business or law enforcement purpose. 12.3.37.1.2 No personal use of the system is permitted. 12.3.37.1.3 All personnel of the agency will be trained and acknowledge their understanding of the use of the system as well as criminal sanctions specified in law for unauthorized use. 12.3.37.1.4 Acknowledgements of this training must be maintained. Discipline 30 12.3.37.1.5 By means of this General Order our agency has set forth procedures that will ensure the confidentiality of the information received. 12.3.37.1.6 Internal audit methods will be periodically performed by the MCSO DAVID Managerial and Technical Point of Contact to ensure proper and authorized use. 12.3.37.1.7 Any suspected misuse will be reported to Professional Standards. 12.3.37.1.8 Should Professional Standards find instances of misuse of personal information, Professional Standards will complete documentation detailing discipline or counseling received, corrective measures instituted, and whether the misuse resulted in, or will likely result in, identity theft or financial harm to the person whose information was accessed and submit copies of said documentation to MCSO DAVID Managerial and Technical Point of Contact. 12.3.37.1.9 If documentation indicating sustained misuse is received from Professional Standards which indicates the misuse did not result in, and will not likely result in, identity theft or financial harm to the person whose information was accessed, MCSO DAVID Managerial and Technical Point of Contact shall notify DHSMV and the Attorney General’s Office Department of Legal Affairs of the misuse/breach on a form approved by General Counsel. Should the documentation received from Professional Standards indicate misuse resulted in, or is likely to result in, identity theft or financial harm to the person whose information was accessed, MCSO DAVID Managerial and Technical Point of Contact shall refer the matter to General Counsel. 12.4 UNLAWFUL CONDUCT 12.4.1 12.5 Discipline Failure to adhere to all Federal, state, and local laws and ordinances, including those punishable by no other penalty than a fine, forfeiture, or other civil penalty shall be considered Unlawful Conduct. This excludes traffic infractions. (Violation is subject to written reprimand to termination). HARASSMENT/SEXUAL HARASSMENT/DISCRIMINATION 31 Discipline 12.5.1 All forms of Harassment, sexual harassment, or discrimination of any kind, in the workplace, such as harassment on the basis of color, race, religion, national origin, sex, ancestry, age, disability, marital status, sexual orientation, or any other characteristics protected by local, state, or federal law in the workplace is prohibited. Employees shall have the right to work in an environment free from any type of harassment or discrimination. This agency disapproves of such discrimination, and, by means of this General Order, states that harassment, sexual harassment or discrimination is strictly forbidden. (Violation is subject to written reprimand to termination) 12.5.2 Harassing conduct unreasonably interferes with an individual’s work performance by creating an intimidating, hostile, and/or offensive work environment, not classifiable as sexual harassment, shall be dealt with as specified in this General Order. 12.5.3 Instances of harassment or discrimination not found to be in violation of applicable laws may still be in violation of this General Order and subject to disciplinary actions. 12.5.4 Sexual harassment is defined as unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal or physical conduct of a sexual nature from or involving an employee's supervisors, peers, subordinates, or any other persons in contact with an employee during the course of the conduct of the employee's business. Sexually harassing conduct in the workplace, whether committed by supervisory or nonsupervisory personnel is prohibited. 12.5.5 Sexually harassing conduct includes, but is not limited to, unwelcome offensive sexual flirtations, advances, propositions, verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, nonverbal suggestive gestures/movements, sounds, leering, whistling, obscene gestures, offensive jokes, letters, E-mails, notes, memos, invitations, any offensive display in the workplace of sexually suggestive objects or pictures, physical touching, pinching, brushing the body, assault, and all other forms of unwanted physical contact. 12.5.6 No supervisor shall threaten, suggest, or imply that an employee’s refusal to submit to sexual advances will adversely affect his/her appointment, evaluation, wages, advancement, assigned duties, shifts, or any other condition of appointment or career development. Nor shall any supervisor suggest or imply that an employee’s agreement to sexual advances may favorably affect his/her condition of appointment or career development. 32 Discipline 12.5.7 Any employee who has actual knowledge of harassment or discrimination involving any employee shall report the matter to the appropriate supervisor/WEO. Failure to report may result in disciplinary action up to and including dismissal. 12.5.8 Any supervisor who has actual knowledge of harassment or discrimination involving any employee shall take temporary corrective action until the matter is reported to the WEO. Failure to report the matter to the WEO may result in disciplinary action up to and including dismissal. 12.5.9 An employee who believes that he/she has been subjected to any form of sexual harassment, harassment, discrimination, or retaliation, should immediately report such activity to his/her supervisor. If for any reason the employee is reluctant to report the matter to his or her supervisor or is not satisfied after bringing the matter to the supervisor’s attention, the employee may contact the Work Environment Officer (WEO) for investigation and resolution. 12.5.10 The WEO shall be appointed by the Sheriff and more than one WEO may be appointed. In cases of harassment or discrimination investigations, the WEO shall report directly to the Sheriff. At the discretion of the Sheriff, in situations involving extenuating circumstances, the Sheriff reserves the right to appoint an outside entity to conduct the investigation. 12.5.11 If the complaint is made after normal business hours and the employee would like to speak to someone other than his/her supervisor, the WEO should be notified immediately. There is no requirement for following the chain of command when reporting a complaint of sexual harassment, harassment, discrimination, or retaliation. Reporting to the supervisor or the WEO may be by verbal means. 12.5.12 Upon initial informal notification, the WEO shall secure the facts regarding the incident. The WEO shall then ascertain from the complaining employee the remedial action that she/he believes to be appropriate. If the complainant is seeking informal resolution or to put the agency on notice of the perpetrator's past misconduct, then the WEO shall contact the alleged perpetrator to secure a response to every detail of the complaint. Once this is completed, the WEO shall attempt to mediate a resolution, which considers the complainant's proposed remedy. If the complaint can be handled to the satisfaction of the complainant, the WEO and the Lieutenant, Captain, and/or Director of the accused employee may counsel the offender and resolve the situation. 33 Discipline 12.5.13 If the problems are resolved concerning the complaint, the information is filed, and no further action is taken. The WEO shall document the results of the mediation. If the matter is not resolved and the complainant is not satisfied, he/she may request a full investigation. 12.5.14 Anonymous complaints of harassment or discrimination may be filed with the WEO, and all such complaints shall be investigated to the degree necessary to determine their validity. 12.5.15 All informal complaints of harassment or discrimination shall be resolved as quickly as possible. If after (14) calendar days from the initial complaint there is no resolution, the WEO shall report to the Sheriff, in writing, the progress being made and the expected resolution date. A follow-up report shall be sent every seven days thereafter until there is a resolution. 12.5.16 The Notification of Sexual Harassment/Harassment/Discrimination form (85-019) can be used to give informal or formal notification of sexual harassment/harassment/discrimination to the alleged perpetrator employee. The complaining employee should send this form to the WEO. The WEO/designee of the Sheriff shall give the original of this form to the alleged perpetrator. The WEO will notify the supervisors of the involved employees. 12.5.17 Upon receipt of the form, the alleged perpetrator shall not engage in any form of retaliation against the complaining employee or any witness(s). The alleged perpetrator shall not discuss this matter with the complainant without the authorization of the WEO. 12.5.18 In either case described above, it is the duty of the supervisor(s) to ensure that there are no retaliatory actions taken against the complainant, or any witness for assisting, testifying, or participating in the investigation of such a complaint by any individual, including the alleged perpetrator. Retaliation may include, but is not limited to, such acts as refusing to recommend an employee for a benefit for which he/she qualifies, spreading rumors about the employee, encouraging hostility from co-workers, and escalating the harassment. 12.5.19 Any employee found to be engaging in such retaliation shall be subject to disciplinary actions up to and including dismissal. 12.5.20 The complaining employee is not compelled to give informal notification in a first occurrence situation. If he/she wishes, a formal notification may be filed with the WEO at any time. 12.5.21 In all cases the WEO shall conduct a follow-up interview, (30) calendar days from the date resolved with the complainant to determine if the 34 agreed upon resolution has resolved the complaint. 13.0 12.5.22 If the follow-up interview indicates that the agreed to conciliation has not alleviated the complainant's informal complaint, the incident shall then be treated as a formal complaint. 12.5.23 A formal complaint shall be investigated as an internal investigation. The WEO will work with Professional Standards to resolve these complaints, but at the direction of the Sheriff. Either the WEO or Professional Standards or an outside entity shall be responsible for the completed investigation. 12.5.24 If a second incident of harassment or discrimination occurs between the same complaining employee and the same perpetrator, the complaining employee shall complete another form to give a formal notification of harassment or discrimination. The original shall be furnished to the WEO. 12.5.25 If a second incident of harassment or discrimination occurs identifying the same perpetrator, even though the complaining employee(s) are not identical, a formal investigation will be instituted. 12.5.26 In all cases, it is the duty of the WEO to report and make recommendations to the Sheriff regarding whether the general order has been violated and the extent of disciplinary action that is appropriate to resolve the matter. 12.5.27 It is also the responsibility of the WEO to assure that disciplinary action is responsive to the severity of the violation and is in conformance with past disciplinary actions relating to similar violations. 12.5.28 Files and documents pertaining to sexual harassment/harassment/discrimination complaints shall be maintained separately from general Professional Standards files and other personnel files by the WEO. 12.5.29 Any employee who knowingly files a false complaint of harassment or discrimination against another employee shall be subject to disciplinary action up to and including dismissal. Employees who have acted in good faith and upon reasonable grounds to believe harassment or discrimination has occurred or is occurring shall not be subject to discipline. IMPOSITION OF DISCIPLINE 13.1 Discipline Pursuant to Florida Statutes and as ordered by the Sheriff, all Administrative 35 Complaint investigations and Internal Affairs investigations shall be confidential until completed and authorized to be released as a public document by Professional Standards through the official keeper of records. If the employee accepting the disciplinary action or if the action is appealed it will continue to be confidential until the final ruling at the Loudermill Hearing. (Violation of confidentiality is subject to 5 days to termination.) 13.2 13.1.1 The actual discipline shall be imposed by the Sheriff, Chief Deputy, or Bureau Chief of the charged employee. The publication of any disciplinary procedures and providing of a progressive disciplinary system and an appeals hearing procedure is not intended to, and does not create in employees, a property right to a job with the Manatee County Sheriff’s Office. 13.1.2 In an extraordinary situation, an employee may be suspended, demoted, or dismissed for cause immediately and provided notice and reasons within (24) hours, or as soon as is practical, if circumstances surrounding such an extraordinary situation makes notice within (24) hours impossible. CONCLUDING A DISCIPLINARY INVESTIGATION 13.2.1 14.0 At the conclusion of all disciplinary investigations, the assigned investigator shall make a finding of fact for each allegation of misconduct as follows: 13.2.1.1 Exonerated - An investigative finding that an action did occur, but was proper, and lawful. 13.2.1.2 Sustained - Sufficient evidence available to prove an allegation occurred. 13.2.1.3 Not-Sustained - Insufficient evidence available to prove or disprove the allegation. 13.2.1.4 Unfounded - Either the allegation is demonstrably false, or there is no evidence to support it. 13.2.1.5 No Finding - When the investigator cannot obtain statements from the accused employee that could have a bearing on the final outcome of the investigation. DISCIPLINARY ACTION 14.1 Discipline Once an Internal Affairs or an Administrative Complaint investigation is completed and a sustained finding is reached, Professional Standards shall recommend to the 36 Sheriff discipline consistent with other like and similar disciplinary actions in the past. All discipline shall be conducted in a uniform manner. Professional Standards shall also consider all extenuating/mitigating circumstances, severity of the offense, past disciplines of the charged employee, attitude of the affected employee and the recommendation of the affected employee’s Bureau Chief. 14.2 15.0 NOTIFICATION OF DISCIPLINARY ACTION 15.1 16.0 In all discipline issues, Professional Standards will also consider which discipline would be the best corrective action that would ensure the employee would not repeat the issue for which they are charged or what other measures could be implemented to assist in obtaining this goal e.g., training, review of policies and procedures, etc. No dismissal, demotion, disciplinary transfer, disciplinary reassignment, or other personnel action which might result in loss of pay or benefits or which might otherwise be considered a punitive measure shall be taken against any law enforcement officer or correctional officer unless such law enforcement officer or correctional officer is notified of the action and the reason or reasons therefore prior to the effective date of such action. (A modified portion of F.S.S. 112.532 (4) (a)) 15.1.1 Any charged employee shall receive, through the chain of command, a letter prepared by Professional Standards detailing the disciplinary action against him/her. 15.1.2 Any employee working as either a certified law enforcement officer or certified corrections officer must be provided with a written notification of the allegations/charges pertaining to the alleged actions. 15.1.3 Written notification will afford the charged employee the opportunity to accept the discipline and waive any appeal rights. Additionally, it will outline what appeal rights and procedures that are available to the employee. 15.1.4 Upon request, any charged employee who is the subject of discipline shall be provided with a complete copy of the closed investigative report and supporting documentation. LEVELS OF APPEAL 16.1 APPEALS PROCESS - Disciplinary decisions shall not be arbitrary or capricious, and a review and appeal process must be present to assist the Sheriff/Chief Deputy. 16.2 Discipline At any level of the appeal process, the affected employee may accept the discipline and sign a waiver rejecting any further appeal., 37 16.3 There are three levels of appeal: Loudermill Hearing, appeal to the Sheriff in writing and Career Service Appeal Board. The severity of the discipline dictates which appeal(s) level is appropriate. 16.4 LOUDERMILL HEARING 16.5 The purpose of a Loudermill Hearing is not to scrutinize the investigative report, but rather to afford the appealing employee, and/or their representative, the opportunity to respond to disciplinary action subsequent a sustained finding from an internal/administrative investigation. 16.6 Prior to a letter of reprimand, suspension, demotion, or termination, the employee shall be furnished written notice of the disciplinary action and offered an opportunity to appear at a Loudermill Hearing to respond to the reasons for the aforementioned discipline. 16.7 The only Loudermill Hearing that will be heard in person by the Sheriff will be recommendations for termination. In the Sheriff's absence, the Sheriff may appoint the Chief Deputy or another representative. 16.8 Prior to the Hearing, the affected employee shall be furnished by Professional Standards a copy of procedures for the Loudermill Hearing, which outlines the goals and purpose of the Hearing. 16.9 The date, time, and location of the Loudermill Hearing will be designated by Professional Standards. 16.10 The time of the Loudermill Hearing can be set for evening hours. 16.11 A representative from Professional Standards shall be present for the Loudermill Hearing. 16.12 The Loudermill Hearing shall be recorded and retained by Professional Standards. 16.13 At either a Loudermill Hearing or a Career Service Appeal Board, no personal audio or video recordings are allowed without authorization from the hearing officer or a majority vote of the Career Service Appeal Board. 16.14 The affected employee shall bear expenses associated with appearance of an attorney that they request for the Hearing. 16.15 Supervisors holding the Loudermill Hearing have five (5) workdays to render a decision and notify, in writing, the affected employee.6.16 APPEAL TO THE SHERIFF IN WRITING Discipline 38 16.16 An employee who is not satisfied with the results of a Loudermill Hearing may within five (5) working days elect to pursue an Appeal to the Sheriff. An employee must submit in writing to the Sheriff, through Professional Standards, a request for the Sheriff to review the record from the Loudermill Hearing and other documents pertaining thereto and request that the discipline be modified. This appeal must be a written not to exceed three typewritten pages. The Sheriff will respond in writing to the appealing employee with his decision concerning the appeal within (10) workdays of receiving the appeal. 16.17 CAREER SERVICE APPEAL BOARD 16.18 If after the Loudermill Hearing and Appeal to the Sheriff the discipline is still in excess of (43) hours the employee may elect a Career Service Appeal Board (CSAB) which is governed by the provisions set forth in the section titled Career Service Appeal Board Procedures. 16.19 The CSAB shall be appointed for the purpose of hearing appeals of permanent employees arising from personnel actions brought against them by the MCSO. If the personnel action results in termination, suspension without pay in excess of (43) hours, a demotion, or an order of indemnification for property damage that is equal to the gross amount the employee earns in excess of (43) hours. 16.20 Termination - If an investigation of misconduct results in termination, the following information shall be furnished to the employee in writing: 16.20.1 A statement citing the reason for termination. 16.20.2 The effective date of the termination. 16.20.3 A statement of whom to contact reference the fringe and retirement benefits after termination. 16.20.4 A statement outlining the employee’s right to submit information to their personnel file to refute or explain the reasons for the dismissal. Discipline 16.20.5 The appeal procedures will be governed as outlined in the section titled Career Service Appeal Board Procedures. 16.20.6 All appeal procedures will allow the charged employee ample time to prepare a response. In the absence of a bona-fide reason approved by the Chief Inspector of Professional Standards, this shall be five (5) workdays. 39 17.0 CAREER SERVICE ACT 17.1 Discipline CAREER SERVICE - The Florida Legislature, pursuant to Section 14, Article III, Florida Constitution and Chapter 30, Florida Statutes, relating to Manatee County, has provided permanent status for employees who meet certain standards. The Career Service Act, Chapter 89-472, Laws of Florida, specifically states, “When an employee of the sheriff, to whom the Act applies, has served in such employment for a continuous period of one year, the employee attains permanent status in the Office of the Sheriff, unless the employee is placed on extended probation, in which case permanent status will be attained only upon satisfactory completion of the extended probationary period…”.The Act also provides specific rights of employees, procedures for appeal of disciplinary actions and complaints, the appointment of a board to hear appeals and procedures with respect thereto, and provides an effective date. 17.1.1 The Act applies to any permanent status certified deputy or civilian employee except the Sheriff, the Chief Deputy (also referred to as Under Sheriff and/or Colonel), the staff attorney for the Sheriff or for the agency, Special Deputy Sheriffs, Sheriff's Reserve, Sheriff's contractual units, to individuals appointed as part-time Deputy Sheriff’s as defined by the Criminal Justice Standards and Training Commission, or to any other part-time or contract employee unless any such person is also employed full-time by the Office of the Sheriff. Those employees to which the Act applies may be referred to as a “covered” employee for the purpose of this General Order. 17.1.2 All new employees shall be placed on extended probation for a period totaling one year beyond the completion date of any formal training program, regardless of length, e.g., MCSO Academy and FTEP, Communications Training Program, Child Protection Specialist PreService Training, MCSO Corrections Academy and Corrections Training Program. 17.1.3 A new employee’s probation can be extended for: 17.1.3.1 Performance deficiencies or; 17.1.3.2 The unavailability of the employee’s approved absence from work, which precludes a thorough evaluation of the employee’s performance. 17.1.3.3 The employee or a supervisor of the employee may request the extended probation. The request to extend an employee’s probation shall be made in writing to the Human resources Director through the employee’s affected chain of command. Permanent status will be attained only upon satisfactory 40 completion of the extended probationary period. 17.1.3.4 17.2 17.3 17.1.4 An employee required to serve a probationary period attendant to a promotion retains permanent status but may be demoted to his prior rank during such probationary period without the right of appeal. 17.1.5 A covered employee may not be demoted, dismissed, or given punitive suspension except for cause. TRANSITION OF NEW SHERIFF 17.2.1 The law provides that when a newly elected or appointed Sheriff assumes office the incoming Sheriff shall continue the appointment of covered employees at their current rank with no reduction in pay, with certain exceptions. 17.2.2 The incoming Sheriff may, but is not required, to maintain the current employees in the assigned positions of Sheriff's secretary and Bureau Chief. 17.2.2.1 If a Bureau Chief position is filled with a new employee, the incoming Sheriff must continue the employment of the former occupant of the position and can only reduce his/her position by one rank. The new rank shall be permanent, unless later reduced by a disciplinary demotion. 17.2.2.2 A former occupant of the Bureau Chief position’s salary must be reduced to the top of the pay grade of the rank to which he/she is being reduced. 17.2.2.3 If the incoming Sheriff fills the Sheriff's secretary position with a new employee, the current employee in that position shall be transferred to another position and can only be reduced by one pay grade. CAREER SERVICE APPEAL BOARD PROCEDURES (CSAB) 17.3.1 Discipline When an employee on extended probation is terminated and subsequently rehired, that employee must complete one calendar year of continuous service from the date of the end of the probationary period or from the date of rehiring, whichever is longer, before being granted permanent status. The Career Service Act provides that a covered employee in disagreement with imposed disciplinary action taken by the Sheriff/Chief Deputy may appeal certain disciplinary actions to a 41 Career Service Appeal Board. To be eligible for appeal, the action must consist of one of the following: 17.3.1.1 A termination. 17.3.1.2 Suspension without pay in excess of 43 hours of that employees pay. 17.3.1.3 A transfer with a reduction in pay. 17.3.1.4 A reduction in pay or rank if not in a probationary status. 17.3.1.4.1 17.3.1.5 17.3.2 17.4 An order for the charged employee to pay indemnification to the Sheriff’s Office for property damage caused by the employee’s negligence or misconduct, if the amount ordered is equal to or exceeds the gross amount exceeds 43 hours of that employee’s pay. The Sheriff/Chief Deputy shall appoint a CSAB for the purpose of hearing eligible appeals. The action appealed may result from disciplinary processes, traffic crash investigations, grievance procedures, or other personnel activity. INITIATING THE APPEAL 17.4.1 If a covered employee disagrees with an applicable personnel action taken against him/her, and desires to appeal such action to the CSAB, the employee must make the appeal in writing within five workdays after being notified of the action upon which the appeal is based. “Workdays” shall be calculated based upon a Monday through Friday workweek. 17.4.1.1 Discipline The Act states, in part, “[a] n employee who is required to serve a probationary period attendant to a promotion retains permanent status in the office of the Sheriff but may be demoted to his/her prior rank during such probationary period without the right of the appeal as provided in section 3, relating to said demotion.” The charged employee shall include in the written appeal the names of two covered employees they have selected to serve, who have agreed to serve, and who are eligible to serve, on the CSAB. The appeal will not be recognized without the listed names. Once provided,