Sheriff's Policy Manual PDF

SHERIFF’S POLICY MANUAL 2.1 EMPLOYEES STANDARDS OF CONDUCT: These standards of conduct are intended to govern employee conduct while facilitating BSO goals and objectives. [CALEA-C 3.6.1, ACA 7C-03] 2.1.1 Conformity to Laws: Employees will obey United States and Florida laws, as well as, Broward County and municipal ordinances. [CALEA 26.1.1] 2.1.2 Obedience to Rules and Regulations: Employees will not commit or omit any act violating any rule, regulation, directive, order, or policy. Violations may result in disciplinary action. [CALEA 26.1.1, FCAC 4.21, ACA 7C-03] 2.1.3 Orders: [CALEA-C 2.1.3, CALEA 12.1.3, CALEA 26.1.1, FCAC 4.21, FCAC 4.22] A. Obedience to Orders: Employees will obey lawful orders of a supervisor including orders relayed from a supervisor by an employee of the same or lesser rank. B. Conflicting Orders: Employees given a proper lawful order in conflict with a prior order, regulation, directive, or standard operating procedure will respectfully inform the supervisor issuing the order of the conflict. If the supervisor does not alter or retract the conflicting order, it will stand. The responsibility will be with the supervisor; employees obeying conflicting orders will not be held responsible. Employees obeying conflicting orders will submit a report of the incident to a higher authority via chain of command. C. Illegal/Unlawful Orders: Employees will not obey an illegal/unlawful order, but will respectfully refuse and explain the reasons. They will then submit a report to the next higher level of command as soon as possible (with a copy to the supervisor issuing the order), stating the circumstances and facts of the illegal order. 2.1.4 Soliciting Influence: Employees will not solicit the aid of persons or groups outside BSO for assistance in the procurement of transfers, duty assignments, or promotions. 2.1.5 Reporting Violations of Regulations: A. Employees with knowledge of an employee in violation of BSO regulations, rules, laws, or ordinances will report the violation to their immediate supervisor or Internal Affairs as soon as practical. Reviewed: 05/05/2016 Revised: 03/06/2017 Rescinds: 09/12/2013 Effective: 03/20/2017 2.1 Page 1 of 2 SHERIFF’S POLICY MANUAL B. Employees shall oppose and, if possible, intervene to prevent or stop any misconduct or violation of the Standards of Conduct from occurring. C. Those employees will not be punished, but will be protected and supported for reporting a violation of the Standards of Conduct, unless the report is shown to be malicious or ill founded. D. Failure to intervene and report when a violation of the Standards of Conduct occurs, or is reasonably believed is about to occur, shall be treated the same as if the employee committed the violation. 2.1.6 Employee Arrests or Involvement with Police: A. Employees will not attempt to improperly influence the action of any arresting officer, agency, or prosecuting officer. B. All employees are to report promptly to their supervisors the occurrence and nature of any non-duty related incident in which they are directly or indirectly a subject of a criminal law enforcement investigation. C. Any arrest of an employee will be reported and handled pursuant to policy and procedure. (See SPM CH 10 Arrest Procedures) 2.1.7 Disclosing Criminal History: All employees must promptly disclose to the appropriate director, via chain of command, any felony or misdemeanor charges, arrests, civil citations, convictions, or plea of nolo contendere (whether or not adjudication was withheld) occurring prior to or after their date of employment. Reviewed: 05/05/2016 Revised: 03/06/2017 Rescinds: 09/12/2013 Effective: 03/20/2017 2.1 Page 2 of 2 SHERIFF’S POLICY MANUAL 2.2 OATHS AND ETHICS: A. All personnel employed by the Broward Sheriff’s Office (BSO), regardless of assignment, have the fundamental duty to maintain the public trust and to provide accurate, effective and efficient service to all members of the general public, all governmental representatives and to other BSO employees. Employees are expected to treat others with respect, dignity and consideration and to: 1. Uphold all requirements of their respective positions as regulated by legislative mandates. 2. Promote an organizational culture that encourages ethical conduct and a commitment to compliance with legislation governing ethics and the Sheriff’s policy on standards of conduct. B. Violation of this section may result in disciplinary action as outlined in the Sheriff’s Policy Manual. C. Ethics training will be provided to all employees at least biennially. 2.2.1 Employee Oath: A. All employees before assuming their BSO duties will be required to sign an oath in accordance with Florida Statutes 876.05 as follows: "I, ____, a citizen of the State of Florida and of the United States of America, and being employed by or an officer of BSO and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida." B. If a non-citizen takes the oath, that portion of the oath that pertains to citizenry may be deleted by the employee by substituting appropriate words. 2.2.2 Law Enforcement Deputy Sheriff Oath: Before assuming a sworn status, all law enforcement deputy sheriffs will be required to take the following oath of office: "I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the state; and that I will 2.2 09/12/2013 SHERIFF’S POLICY MANUAL well and faithfully perform the duties of deputy sheriff of Broward County, on which I am about to enter. So help me God." 2.2.3 Detention Deputy/Cross-Certified Detention Deputy Oaths: Before assuming a sworn detention deputy status or sworn cross-certified detention deputy status, all detention deputies or cross-certified detention deputies will be required to take the following applicable oath of office: A. Detention Deputy: "I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the state; and that I will well and faithfully perform the duties of detention deputy of Broward County, on which I am about to enter. So help me God." B. Cross-Certified Detention Deputy: "I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the state; and that I will well and faithfully perform the duties, pursuant to my job description, of detention deputy of Broward County, on which I am about to enter. So help me God." 2.2.4 Civilian Code of Ethics: Civilian employees will adopt this Civilian Code of Ethics as their general standard of conduct observing the general precepts of honesty and integrity. As an employee, I will: A. Perform assigned duties with professionalism, striving for the highest standards of excellence in the performance of such duties. B. Provide prompt, accurate, courteous service to members of the general public, governmental representatives and to other agency employees within the scope of my assigned duties. C. Recognize that as an employee, it is my duty to ensure that my actions maintain the public’s faith in the Broward Sheriff's Office. D. Not permit personal feelings, prejudices, political beliefs, aspirations, animosities, or friendships to influence decisions made or actions taken within the scope of my position. E. Uphold all other mandated legislative requirements of my position as a governmental employee and that of my chosen profession. 2.2 09/12/2013 SHERIFF’S POLICY MANUAL 2.2.5 Law Enforcement Code of Ethics: Law enforcement deputy sheriffs will adopt the Law Enforcement Code of Ethics as their general standard of conduct, to wit: A. As a law enforcement officer, my fundamental duty is to serve humanity; safeguard lives and property; protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and respect the constitutional rights of all people to liberty, equality, and justice. B. I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and regulations of my office. Whatever I see or hear of a confidential nature or is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. C. I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decision. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence, and never accepting gratuities. D. I recognize the badge of my office as a symbol of public faith and accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession, law enforcement. 2.2.6 Detention Code of Ethics: The Department of Detention and Community Programs expects of its deputies, staff, contractors, and volunteers unfailing honesty, respect for the dignity and individuality of persons, and commitment to professional and compassionate service. To comply with this, detention deputies will adhere to the following: A. Respect and protect the civil and legal rights of all people; treat each professional situation with concern for the person's welfare, with no intent of personal gain; respect the importance of all criminal justice system disciplines and work to improve cooperation with each segment; respect and protect the public's right to be safeguarded from criminal activity; report to appropriate authorities any corrupt or unethical behavior where there is sufficient cause to initiate a review; in public statements, clearly distinguish between personal views and statements or positions made on behalf of BSO; subject to a person's right to privacy, honor 2.2 09/12/2013 SHERIFF’S POLICY MANUAL the public's right to know and share information with the public to the extent permitted by law; and preserve the integrity of private information and not seek data on persons beyond that needed to perform responsibilities or reveal nonpublic data unless expressly authorized to do so. B. Not use their positions to secure personal privileges or advantages; while acting in an official capacity, not allow personal interest to impair objectivity in the performance of duty; not enter into any activity or agreement (formal or informal) presenting a conflict of interest or inconsistent with the conscientious performance of duties; not accept any gift, service, or favor that is or appears to be improper or implies an obligation inconsistent with the free and objective exercise of professional duties; and not discriminate against any person because of race, gender, creed, national origin, religious affiliation, age, or any type of prohibited discrimination. C. Relationships with colleagues will be such that they promote mutual respect within the profession and improve the quality of service. Public criticism of colleagues or their agencies will be made only when warranted, verifiable, and constructive. D. Detention deputies responsible for personnel actions will make all appointments, promotions, or dismissals per established rules, applicable contract agreements, individual merit, and not in the furtherance of partisan interest. 2.2.7 Fire Rescue and Emergency Services Code of Ethics: A. Firefighters/paramedics fundamental duty is to serve humanity; safeguard and preserve life and property against the elements of fire and disaster; and maintain a proficiency in the art and science of fire engineering and emergency medical service. B. Firefighters/paramedics will uphold the standards of their profession, continually search for new and improved methods, and share their knowledge and skills with contemporaries and descendants. C. Firefighters/paramedics will never allow personal feelings, nor danger to themselves, deter them from responsibilities as a firefighter/ paramedic. D. Firefighters/paramedics will at all times, respect the property and rights of all people, laws of their community and country, and chosen way of life of fellow citizens. 2.2 09/12/2013 SHERIFF’S POLICY MANUAL E. Firefighters/paramedics will recognize the badge of their office as a symbol of public faith and accept it as a public trust to be held so long as they are true to the ethics of the fire service. F. Firefighters/paramedics will constantly strive to achieve the objectives and ideals, dedicating themselves to their chosen profession - saving of life, fire prevention, and fire suppression. G. Firefighters/paramedics as members of the Department of Fire Rescue and Emergency Services will accept this self-imposed and self-enforced obligation as their responsibility. 2.2 09/12/2013 SHERIFF’S POLICY MANUAL THIS PAGE LEFT INTENTIONALLY BLANK 2.2 09/12/2013 SHERIFF’S POLICY MANUAL 2.3 CONDUCT UNBECOMING AN EMPLOYEE: Since conduct of employees on or off duty may reflect directly on BSO, they should conduct themselves at all times in a manner which does not discredit themselves, BSO, or the County. [CALEA-C 3.6.1, CALEA 26.1.1] 2.3.1 Being an Accessory to a Disciplinary Offense: Knowingly aiding, abetting, assisting, or soliciting another employee in any way to violate or attempt to violate a rule, order, or directive is prohibited. 2.3.2 Breach of Confidence: Employees shall act at all times in a manner that promotes public confidence in the integrity of BSO and shall not engage in any conduct, on-duty or off-duty, which gives the appearance of impropriety. The test for appearance of impropriety is whether the conduct would create in reasonable minds, with knowledge of all the relevant circumstances, a perception that the employee’s ability to carry out their official responsibilities with integrity, fairness, and competence is impaired. 2.3.3 Corrupt Practices: Employees shall not engage in any activity or scheme, on- duty or off-duty, which is dishonest, illegal or unethical in order to make money or to gain or keep power, authority, or advantage over another. 2.3.4 Disclosure of Confidential or Law Enforcement Agency Sensitive Information: Employees shall treat all official business of the department as confidential, and will not impart it to anyone, either orally, electronically, or in writing, except to those for whom it is intended or under due process of law. Reviewed: 05/05/2016 Revised: 03/06/2017 Rescinds: 09/12/2013 Effective: 03/20/2017 2.3 Page 1 of 2 SHERIFF’S POLICY MANUAL THIS PAGE INTENTIONALLY LEFT BLANK Reviewed: 05/05/2016 Revised: 03/06/2017 Rescinds: 09/12/2013 Effective: 03/20/2017 2.3 Page 2 of 2 SHERIFF’S POLICY MANUAL 2.4 MEETING BSO STANDARDS [CALEA-C3.6.1] A. Employees will perform their duties properly and assume the responsibilities of their positions. B. Employees will perform their duties in a manner which tends to establish and maintain the highest standards of efficiency, competency, and professionalism in carrying out the functions and meeting BSO objectives. C. Keeping Informed of BSO Literature: 1. Employees will be familiar with and stay current on all applicable policies and procedures by reviewing BSO literature including, but not limited to: a. Sheriff’s Policy Manual b. General Orders c. Standard Operating Procedures d. Operations Orders e. Post Orders f. Administrative Orders g. Training and legal bulletins h. Internal Memorandum 2. Employees with questions regarding BSO literature will request assistance from their supervisor. D. Failure to meet BSO standards includes, but is not limited to: [CALEA 26.1.1] 1. Lack of knowledge of laws, policies, and procedures relevant to the performance of duty. Reviewed: 05/05/2016 Revised: 03/06/2017 Rescinds: 09/12/2013 Effective: 03/20/2017 2.4 Page 1 of 4 SHERIFF’S POLICY MANUAL 2. Failure to follow a rule, order, or directive governing the operation of BSO. 3. Failure to promote BSO’s policies, goals, and objectives. 4. Unwillingness or inability to perform assigned duties or satisfy standards of performance established for the position. 2.4.1 Neglect of Duty: Employees will not neglect or fail to act on the part of their official responsibilities to do and perform some duty or duties required by virtue of their office or which is required of them by law. Neglect of duty includes, but is not limited to: A. Performing one’s duty in a careless or negligent manner B. General inefficiency or inattention in performance of duty C. Unsatisfactory Performance: Incompetent or unsatisfactory performance may be demonstrated by, but is not limited to; unwillingness or inability to perform assigned tasks, failure to take appropriate action on the occasion of a crime, disorder, or any other violation deserving official attention, repeated poor evaluations or written record of repeated infractions of rules, orders, or directives D. Failure to conduct a complete or proper investigation or search E. Appearing to sleep while on duty without authorization F. Failure to promptly and diligently attend to and discharge the duties of the position G. Failure to report promptly to a supervisor any information concerning misconduct or unlawful action by another member of BSO H. If an on-duty deputy in the performance of their duties intentionally or unintentionally discharges a firearm, except when attending authorized training, and fails to immediately contact his or her supervisor. Reviewed: 05/05/2016 Revised: 03/06/2017 Rescinds: 09/12/2013 Effective: 03/20/2017 2.4 Page 2 of 4 SHERIFF’S POLICY MANUAL I. If an off-duty deputy intentionally or unintentionally discharges a firearm, except for personal recreational activities (e.g., hunting) or training practice (range), and fails to immediately contact his or her supervisor, and/or fails to contact the on- duty supervisor if his or her supervisor is unavailable. J. Unlawful or unnecessary use or display of force K. Failure to cooperate with other employees of BSO, other agencies, or citizens to ensure public safety L. Failure to supervise effectively Reviewed: 05/05/2016 Revised: 03/06/2017 Rescinds: 09/12/2013 Effective: 03/20/2017 2.4 Page 3 of 4 SHERIFF’S POLICY MANUAL THIS PAGE INTENTIONALLY LEFT BLANK Reviewed: 05/05/2016 Revised: 03/06/2017 Rescinds: 09/12/2013 Effective: 03/20/2017 2.4 Page 4 of 4 SHERIFF’S POLICY MANUAL 2.5 REPORTING IN BSO MATTERS [CALEA-C 3.6.1 2.5.1 Reporting: Employees will submit all records promptly and reasonably ensure all official communications are thorough, accurate, and complete at the time of submission. 2.5.2 Truthfulness: Employees shall be forthright and candid, and will not knowingly make any false or inaccurate verbal or written communication by act or omission in any official matter. Reviewed: 05/05/2016 Revised: 03/06/2017 Rescinds: 09/12/2013 Effective: 03/20/2017 2.5 Page 1 of 2 SHERIFF’S POLICY MANUAL THIS PAGE INTENTIONALLY LEFT BLANK Reviewed: 05/05/2016 Revised: 03/06/2017 Rescinds: 09/12/2013 Effective: 03/20/2017 2.5 Page 2 of 2 SHERIFF’S POLICY MANUAL 2.6 PROMPTNESS/READINESS: 2.6.1 Promptness: Employees will report for work at the time and place specified, properly attired and equipped. 2.6.2 State of Readiness: A. Employees while on duty must remain in a state of readiness consistent with the immediate emergency response posture of BSO. B. Employees will not participate in any activity or undertaking which might significantly delay answering an emergency call except as directed by the employee's supervisor. 2.6 09/12/2013 SHERIFF’S POLICY MANUAL THIS PAGE INTENTIONALLY LEFT BLANK 2.6 09/12/2013 SHERIFF’S POLICY MANUAL 2.7 NEW EMPLOYEE ORIENTATION: Human Resources conducts employee orientation to newly hired employees. New hire employees will complete the following: [ACA 7B-05, CALEA 33.7.1, CALEA-C 5.2.3, CFA 13.01, FCAC 9.03] A. NeoGov Onboarding: 1. Welcome from the Sheriff Video 2. Personal Information 3. Payroll and Compensation 4. Benefits and Retirement 5. Agency Accreditation and Compliance Requirements 6. Injuries, Disability and Exposure Acknowledgement 7. Sheriff's Policy Manual (SPM) Acknowledgement B. New Hire Orientation: 1. Fingerprinting, Photo Identification Badge, Notarization of Applicable Forms (1-9, Loyalty Oath, FDLE Affidavit, Domestic Violence Affidavit) 2. Agency Overview Video 3. Organizational/Rank Structure 4. Policies and Standards of Conduct 5. Employee Guidelines 6. Technological Communications 7. BSO Informant and PeopleSoft Self-Service Overview 8. Employee Resources (EAP, EEO, Safety and Wellness Clinic, Fitness Center, Chaplain, Training) Reviewed: 01/16/2018 Revised: 08/30/2018 Rescinds: 09/12/2013 Effective: 09/13/2018 2.7 Page 1 of 2 SHERIFF’S POLICY MANUAL 9. Human Resources Representatives Available for Individual Consultation, if needed C. Department Orientation: 1. Job Specific Accreditation and Compliance Requirements 2. On-the-Job Orientation Checklist I Mandatory Online Training (BSO A#41) Reviewed: 01/16/2018 Revised: 08/30/2018 Rescinds: 09/12/2013 Effective: 09/13/2018 2.7 Page 2 of 2 SHERIFF’S POLICY MANUAL 2.8 UNFIT FOR DUTY/REPORTING ILLNESS, LEAVE, OR BREAKS: Employees not covered by a collective bargaining agreement will follow the procedures outlined below. Employees covered by a collective bargaining agreement will follow procedures outlined in their respective bargaining agreement. If the collective bargaining agreement does not address a procedure the procedures below will be followed. 2.8.1 Unfit for Duty: Employees found unfit for duty or improperly attired or equipped may be relieved from duty by their district/division commander or equivalent supervisor. Any loss of time will be deducted from the employee's salary and disciplinary action initiated if applicable. 2.8.2 Reporting Illness: A. Employees unable to report for duty due to illness must notify their supervisor or other competent authority at least one hour before their scheduled reporting time. Fire Rescue and Emergency Services employees will continue to follow current notification protocol established by their department. It is understood that emergencies/illnesses can occur less than one hour before a scheduled shift. Employees will not be penalized unless a pattern is established. B. Ill or injured employees on sick leave will remain at home during their regularly scheduled duty hours except for viable medical reasons, voting, attending religious establishments, or at their supervisor's discretion. C. If sick leave abuse is suspected or excessive sick leave use occurs, district/division commanders may require their employee to provide a physician's note for the period of the absence. Any medical consultation for an employee's illness is at the employee's expense. District/division commanders may not ask specific questions or request documentation regarding the employee’s (or family member’s) health. D. Employees will not pretend illness or injury, falsely report themselves ill or injured, or otherwise deceive or attempt to deceive a supervisor as to their health. 2.8.3 Absent Without Leave: Employees will be considered absent without leave if they are not present for work and no leave was granted. 2.8 09/12/2013 SHERIFF’S POLICY MANUAL 2.8.4 Meal/Break Procedure: A. Employees will be entitled to one 30-minute meal break per eight-hour shift and one 15-minute break for each four hours worked. B. Employees will be authorized two 15-minute breaks not to be taken consecutively or in conjunction with a 30-minute meal/break unless authorized by their immediate supervisor. C. Meal breaks will not represent compensable time except as specified herein and as specified in any applicable bargaining unit agreement. Nonetheless, employees will continue to receive pay for 40 hours of work per regularly scheduled work week. D. Employees will be given time for meals and breaks at the discretion of their immediate supervisor and consistent with applicable bargaining unit agreement. 2.8 09/12/2013 SHERIFF’S POLICY MANUAL 2.10 MISUSE AND ABUSE OF AUTHORITY: A. General: With a mission aimed at protecting public welfare, employees often possess a higher level of access to and authority over the public. Just as the public’s welfare is protected, so must their trust. Legitimacy must be earned and safeguarded through professional and lawful actions. B. Purpose: The purpose of this policy is to establish boundaries aimed at safeguarding the rights of the public and preserving the integrity of the organization. C. Definitions: 1. Abuse of Authority: An arbitrary and illegitimate exercise of authority that is intended to benefit the employee and harm the rights of others (e.g., violating a citizen’s civil rights). 2. Close Personal Relationships: family members, close friendships, those with whom the employee has a romantic relationship, those with whom the employee has business or financial dealings, and those with whom the employee has private interests that could improperly influence their decisions (e.g. neighbors, estranged relationships). 3. Misuse of Authority: An exercise of authority that is intended to induce an unjust advantage that is otherwise not permitted or afforded (e.g., accessing confidential information for personal use). D. Procedures: 1. Employees will not engage in misuse of authority. This may include, but is not limited to: a. Unnecessarily granting themselves access to private situations, absent legitimate justification (e.g., purposeless presence at a scene involving a nude patient). b. Using or permitting the use of their authority in a manner that is intended to induce another person to provide a benefit to the employee or other close personal relationships. Reviewed: 07/19/2023 Revised: 01/19/2024 Rescinds: 09/12/2013 Effective: 02/08/2024 2.10 Page 1 of 2 SHERIFF’S POLICY MANUAL c. Leveraging circumstances to take unreasonable advantage of a person’s lack of understanding (e.g., convincing a complainant to sign a waiver of prosecution to avoid further investigation of the crime). 2. Employees will not engage in abuse of authority. This may include, but is not limited to: a. Using their authority or position for financial gain, to obtain privileges or favors, or to avoid the consequences of illegal acts. b. Delegating duties or requesting that another employee undertake personal services unrelated to their official duties. c. Permitting the use of any agency-issued identification card, badge, or official document for unlawful or unethical activity. E. Position/Identification Abuse: A. Employees are prohibited from using their official position, ID Card, badge, or business card for personal or financial gain, obtaining privileges not usually available to an individual, or avoiding the consequences of illegal acts. B. Employees will not lend their ID Card or badge to another person or permit it to be photographed or reproduced without the sheriff's approval. C. Employees will not permit or authorize the use of their name, photograph, or official title identifying them as BSO members in connection with testimonials or advertisements of a commodity or commercial enterprise or for any personal reasons without the sheriff or designee's approval. Reviewed: 07/19/2023 Revised: 01/19/2024 Rescinds: 09/12/2013 Effective: 02/08/2024 2.10 Page 2 of 2 SHERIFF’S POLICY MANUAL 2.11 JUDICIAL PROCESS AND CASES UNDER INVESTIGATION: 2.11.1 Interfering With Judicial Process: A. Employees will not initiate or encourage any promises or arrangements between criminals and victims intended to permit the offender to escape the full penalty provided by law. B. Employees will not take part (directly or indirectly) in negotiating a compromise for the purpose of permitting a person to escape the penalty of the law or responsibility for the person's acts, except in the interest of justice and with their supervisor's knowledge and consent. C. Employees will not, for direct or indirect benefit of a defendant, seek to obtain continuances of trials, dismissals of cases, or leniency for the defendant in any court except in the interest of justice and with their supervisor's knowledge and consent. D. Employees will not request charges against an arrested person be dismissed except in the interest of justice and only with the knowledge and consent of the commander in the division responsible for the arrest. E. Examples of Exceptions in the “Interest of Justice”: 1. The action strengthens or makes possible the prosecution of a more serious offender. 2. The knowledge and consent of the State Attorney. 2.11.2 Interfering With Cases Under Investigation: Employees will not interfere with: A. Investigations of cases assigned to other employees. B. Operations of districts/divisions/sections. C. Arrests or prosecutions brought by other employees, agencies, or authorized persons. 2.11.3 Self-Assigned Investigations: Employees will not self assign any investigation or other action not part of their regular assigned duties without obtaining permission from their supervisor, except for deputy sheriffs where emergency 2.11 09/12/2013 SHERIFF’S POLICY MANUAL circumstances require immediate action. In those cases, supervisors will be notified as soon as possible, and a written report will be completed as soon as practical thereafter. 2.11.4 Civil Suits: A. Employees will not presume to adjudicate any civil action or dispute or give legal advice in such matters. If applicable, employees may recommend persons seek legal counsel. B. Employees involved in a civil action will not use their BSO position as a means of forcing or intimidating persons with whom they are engaged in a legal controversy to settle the case in the employee's favor. C. Employees about to institute a civil action arising out of their employment will notify the Sheriff before filing suit. D. Employees sued as a result of an incident arising out of their employment will immediately notify their supervisor, Risk Management, and Office of the General Counsel. 2.11.5 Court Demeanor: A. Official uniforms or civilian clothing conforming to BSO standards will be worn. Employees will not appear in court in a BSO uniform unless the appearance or testimony is a result of the employee's performance of official duties. B. Employees subpoenaed to testify for the defense in a criminal matter will immediately notify their supervisor and prosecutor handling the case. Employees may, upon appropriate approval, contact Office of the General Counsel if legal guidance is needed. C. Employees or members will maintain a professional demeanor and appearance in court. D. Employees will testify with accuracy, confining themselves to the case before the court and not suppress or overstate facts with a view toward favoring or discrediting persons. 2.11 09/12/2013 SHERIFF’S POLICY MANUAL 2.11.6 Assisting In-Custody Person in Obtaining Attorney/Bonding Agent: Employees will not recommend or assist in obtaining an attorney or bonding agent for in-custody persons unless the in-custody person requests a designated attorney or bonding agent be notified, which will be done per court rulings and policy. 2.11 09/12/2013 SHERIFF’S POLICY MANUAL THIS PAGE INTENTIONALLY LEFT BLANK 2.11 09/12/2013 SHERIFF’S POLICY MANUAL 2.12 RENDERING ASSISTANCE: Employees will take applicable action without delay to aid another deputy, law enforcement officer, firefighter, or employee exposed to impending danger. 2.12 09/12/2013 SHERIFF’S POLICY MANUAL THIS PAGE INTENTIONALLY LEFT BLANK 2.12 09/12/2013 SHERIFF’S POLICY MANUAL 2.13 EQUIPMENT AND PROPERTY [CALEA-C 3.6.1] 2.13.1 BSO Equipment Use: A Employees will use, maintain, and safeguard equipment per procedures and not abuse, damage, or lose equipment intentionally or through neglect. [CALEA 26.1.1] B. Employees shall not carelessly, negligently, or intentionally cause waste of any BSO property. 2.13.2 Use of BSO Property Restrictions: Physical objects issued by BSO to employees will remain BSO property and be subject to all policies and procedures on property as follows: [CALEA 26.1.1] A. Employees will be responsible for the safekeeping and care of BSO property used by them. B. Property will be used only for official purposes and in the capacity it was intended. C. Property will not be transferred from one employee to another without the permission of the employee's command. If the approved transfer is outside the district/division/unit, all applicable documents will be completed and sent to the Central Supply Manager. D. BSO equipment (in storage or assigned to an individual) will be maintained in a state of operational readiness. District/division commanders will be responsible for equipment stored under their commands. E. Employees will not take, borrow, or use any private or confiscated property for their personal use without proper authorization. 2.13.3 Security of BSO Equipment: No sensitive equipment or documentation shall be left unsecured in any vehicle during off-duty hours. Sensitive equipment includes but is not limited to: A. Computer/computer-related equipment B. Air Card Reviewed: 05/05/2016 Revised: 03/06/2017 Rescinds: 09/12/2013 Effective: 03/20/2017 2.13 Page 1 of 4 SHERIFF’S POLICY MANUAL C. BSO-owned firearms, rifles, shotguns, ammunition, pepper spray, CEW, knives, or any other BSO-owned/authorized weapon, e.g. flex batons, ASPs, etc. D. Protective Vests E. All BSO or government issued credentials and access cards 2.13.4 Destroying Official Document: Employees will not destroy or permanently remove from its proper location any official record or report without proper authorization. 2.13.5 Operation of Vehicles: Employees will operate BSO vehicles carefully and prudently. They will obey all Florida laws and policies regarding vehicle operation. Employees will set a proper example via their vehicle operation. 2.13.6 Keys: A. On-duty employees will not possess a business premise key for the purpose of obtaining shelter, rest, or telephone service. Temporary exceptions may be made by the employee’s command if needed in the performance of official duties. B. Employees are not permitted to duplicate any BSO key without the supervisor's permission. 2.13.7 Business Cards: Authorized employees will use BSO business cards for official use only. Approval for business cards will be as follows: A. BSO Funded Business Cards: Employees working in specialized areas may, with written approval from their department/bureau/district/division commanders, submit a request for business cards to the Purchasing Division. B. BSO Non-Funded Business Cards: Employees may purchase business cards: 1. At their own expense (payable to the vendor) 2. With written approval from their department/bureau/district/ division commanders Reviewed: 05/05/2016 Revised: 03/06/2017 Rescinds: 09/12/2013 Effective: 03/20/2017 2.13 Page 2 of 4 SHERIFF’S POLICY MANUAL C. Employees requesting non-funded business cards will send signed approvals to the Purchasing Division who will: 1. Verify the employee's approval 2. Send the employee's approval to an authorized vendor D. Employees requesting non-funded business cards who were verified by the Purchasing Division will: 1. Contact the approved vendor to verify the receipt of the approval from the Purchasing Division 2. Order business cards directly from the approved vendor Note: Employees must show their ID Card in person to the vendor before ordering. E. Business Card Text: The only approved text on BSO business cards will be as follows: 1. Employee's BSO rank, title, and name 2. Department/bureau/district/division's name 3. Department's address and telephone number 4. Fax, pager, email address, and mobile telephone numbers are optional 2.13.8 Misuse of BSO-Issued Radio: Employees will not tamper with or misuse the BSO-issued radio. The BSO-issued radio will be used for official business only. 2.13.9 Damage/Loss of BSO Property: A. Damaged BSO property will be reported to supervisors as soon as possible after the incident occurs via memo. B. Lost or stolen BSO property including BSO equipment, radios, badges, ID Cards, keys, uniforms, weapons, etc., will be reported as follows: Reviewed: 05/05/2016 Revised: 03/06/2017 Rescinds: 09/12/2013 Effective: 03/20/2017 2.13 Page 3 of 4 SHERIFF’S POLICY MANUAL 1. Employees will immediately make verbal notification of the incident to their supervisor. 2. After making verbal notification, employees will ensure that an Incident Report is completed by the appropriate law enforcement agency and submitted to their supervisor. Note: The Incident Report will include the property's description and circumstances surrounding the loss or theft. 3. Supervisors will send a copy of the Incident Report, via chain of command, to the Department Director and Internal Affairs for filing and future reference. 4. Employees will send a copy of the Incident Report to the specific unit issuing the property (Central Supply, Evidence, Human Resources, etc.). 5. If applicable, lost or stolen property will be entered in the teletype system via Records. 6. BSO County and Domestic Security will be advised. Reviewed: 05/05/2016 Revised: 03/06/2017 Rescinds: 09/12/2013 Effective: 03/20/2017 2.13 Page 4 of 4 SHERIFF’S POLICY MANUAL 2.14 RECALL TO DUTY: A. Off-duty employees will report for duty immediately upon receipt of orders to do so and will be subject to the orders from a supervisor regarding BSO matters. B. Law enforcement/detention deputies and fire rescue employees will be responsible for taking needed action in any public safety matter coming to their attention requiring an immediate response. In such cases, these employees will revert to an on-duty status. C. Employees will make every reasonable effort to expeditiously report if recalled to duty. Employees will be responsible for notifying their immediate supervisors should any delay be anticipated and what actions the employee is taking to minimize the delay. 2.14 09/12/2013 SHERIFF’S POLICY MANUAL THIS PAGE INTENTIONALLY LEFT BLANK 2.14 09/12/2013 SHERIFF’S POLICY MANUAL 2.15 LEAVING POST/COUNTY: 2.15.1 Relief: Except in emergencies, employees will not leave a post or assignment without being properly relieved. If not properly relieved, employees will notify their on-duty supervisor as soon as possible. 2.15.2 Leaving the County: Except in fresh pursuit or in performance of their duties, on-duty employees will not leave Broward County without their supervisor's authorization. Employees will notify their on-duty supervisor as soon as possible. 2.15 09/12/2013 SHERIFF’S POLICY MANUAL THIS PAGE INTENTIONALLY LEFT BLANK 2.15 09/12/2013 SHERIFF’S POLICY MANUAL 2.16 PAYMENT FOR PERSONAL INJURY/FINANCIAL RESPONSIBILITY: 2.16.1 Payment for Personal Injury: Employees will not accept or agree to accept anything as payment for personal injury or property damage incurred in the line of duty without first notifying the Sheriff, via chain of command, unless per a lawfully instituted legal action. 2.16.2 Financial Responsibility: A. Employees should not undertake any financial obligation they know or should know they are unable to meet and pay all just debts when due. Prolonged or severe instances of financial irresponsibility may be cause for disciplinary action. B. Filing a voluntary bankruptcy petition will not, by itself, be cause for discipline. Financial difficulties from unforeseen medical expenses or personal disasters will not be cause for discipline, provided a good faith effort to settle all accounts is being undertaken. 2.16 09/12/2013 SHERIFF’S POLICY MANUAL THIS PAGE INTENTIONALLY LEFT BLANK 2.16 09/12/2013 SHERIFF’S POLICY MANUAL 2.17 ASSOCIATION: Employees are prohibited from establishing a relationship with inmates or persons in custody except as necessary to carry out their duties. [CALEA-C 3.6.1, CALEA 26.1.1] 2.17.1 Association with Felons: Employees are prohibited from forming a business relationship or associating with a person they reasonably believe, known, or should know are engaged in or planning to commit a felony except for deputies involved in specific undercover operations and who have the approval of their supervisor, the Sheriff or designee. 2.17.2 Dissident or Subversive Groups: Employees will not, except in the line of duty, associate with any person(s) or organization(s) which the employee knows or should know is involved in criminal or discriminatory activity, advocates or fosters hatred, oppression, or persecution of any person or group. 2.17.3 Frequenting Undesirable Establishments: Employees will not knowingly visit, enter, or frequent a house of prostitution, an illegal or unauthorized gambling house or establishment where Broward County ordinances or Florida Statutes are violated except in the performance of duty. 2.17.4 Visiting Lounge/Bar On Duty: On-duty employees will not enter or visit any place where the sale of alcoholic beverages for consumption on the premises is the primary business unless in the line of duty. 2.17.5 Political Activity/Monies: [ACA 7C-02] A. Nothing contained herein will affect the right of employees to hold membership in or support a political party or vote as they choose, provided attendance or activities are such that they cannot be construed to represent official BSO policy. B. Employees (including federally assisted program employees) will not use any federal monies received by BSO for partisan political purposes. 2.17.6 Job Actions: Employees will not authorize, instigate, condone, excuse, ratify, support, or acquiesce in any strike, slow down, picketing, or work stoppage likely to interfere with the efficient operation of BSO affairs. Reviewed: 03/03/2017 Revised: 10/11/2017 Rescinds: 03/20/2017 Effective: 10/25/2017 2.17 Page 1 of 2 SHERIFF’S POLICY MANUAL THIS PAGE INTENTIONALLY LEFT BLANK Reviewed: 03/03/2017 Revised: 10/11/2017 Rescinds: 03/20/2017 Effective: 10/25/2017 2.17 Page 2 of 2 SHERIFF’S POLICY MANUAL 2.18 EMPLOYEE STATEMENTS: To create a work environment promoting free expression and mutual idea exchanges, employees must be able to express their opinions and thoughts without fear of reprisal. A. BSO policy allows employees to state their opinion concerning BSO and its policies; however, they have the responsibility to be truthful and reasonable if making public comments. B. Employees will not engage in gossip, public criticism, or ridicule of agency employees, policies or procedures by talking, writing, or expressing in any manner, where such actions are: 1. Unlawful 2. Defamatory 3. Profane 4. With reckless disregard for the truth 5. An impairment to the operation or interferes with the efficiency of the Sheriff’s Office C. Employees will make every effort to resolve conflicts internally and notify their supervisor of their concerns. This way BSO can attempt to resolve employee concerns. 2.18 09/12/2013 SHERIFF’S POLICY MANUAL THIS PAGE INTENTIONALLY LEFT BLANK 2.18 09/12/2013 SHERIFF’S POLICY MANUAL 2.19 REFERRAL OF SERVICES: Employees will not recommend or suggest, except in personal business transactions, the employment or procurement of a particular professional or commercial service (attorney, alarm company, towing service, bonding agent, mortician, etc.) while in an official or on-duty capacity. 2.19.1 In the case of towing or ambulance service: A. If towing service is needed and the person needing the service is unwilling or unable to procure it, the deputy will request a BSO-approved tow truck. B. If ambulance services are needed and the person is unable or unwilling to procure it, the deputy will contact Communications to request an ambulance. 2.19 09/12/2013 SHERIFF’S POLICY MANUAL THIS PAGE INTENTIONALLY LEFT BLANK 2.19 09/12/2013 SHERIFF’S POLICY MANUAL 2.20 GIFTS AND GRATUITIES: [CALEA-C 3.6.1, CALEA 26.1.1] 2.20.1 Policy Statement: The public we serve has every right to expect the highest ethical standards from all employees at all times. It is the intent of this policy to acknowledge that a gift taken by an employee is unacceptable, if the understanding or expectation that the employee’s official conduct will be influenced by the receipt of the gift or the receipt of the gift causes the appearance of impropriety. It is not the intent of this policy to address the legitimate exchange of gifts. It is, however, the intent of this policy to state that there is no legitimate reason for an employee to receive a gratuity or “tip” for properly performing their duties as a BSO employee. 2.20.2 Definitions: A. "Business Associate" means any person or entity engaged in or carrying on a business enterprise with an employee as a partner, joint venturer, corporate shareholder where the shares of such corporation are not listed on any national or regional stock exchange, or co-owner of property. B. "Business Entity" means any corporation, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust, whether fictitiously named or not, doing business with this agency. C. "Conflict" or "Conflict of Interest" means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest. D. "Corruptly" means done with a wrongful intent and for the purpose of obtaining or compensating or receiving compensation for any benefit resulting from some act or omission of an employee which is inconsistent with the proper performance of his or her public duties. E. "Gift" includes but is not limited to: money, tangible or intangible personal property, food, beverage, discounts, loan, promise, service or entertainment which is accepted by an employee or by another on the employee's behalf, or that which is paid or given to another for or on behalf of an employee, directly, indirectly, or in trust for the employee's benefit. A gift also includes preferential rate or terms on a debt, loan, goods, or services, which is below the customary rate and is not either: Reviewed: 05/05/2016 Revised: 03/06/2017 Rescinds: 01/28/2014 Effective: 03/20/2017 2.20 Page 1 of 4 SHERIFF’S POLICY MANUAL 1. A government rate available to all other similarly situated government employees or officials or 2. A rate which is available to similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin. F. The definition of “gift” does not include: 1. Salary, benefits, services, fees, commissions, gifts, or expenses associated primarily with the employee's public service, approved off-duty employment or extra-duty assignments. 2. An honorarium or an expense related to an honorarium event paid to a person or the person's spouse. 3. An award, plaque, certificate, or similar personalized item given in recognition of the employee’s public, civic, charitable, or professional service. 4. An honorary membership in a service or fraternal organization presented merely as a courtesy by such organization. 5. The use of a public facility or public property, made available by a governmental agency, for a public purpose. 6. Transportation, lodging, or food provided to an employee in relation to officially approved Sheriff’s Office business. 7. Gifts provided directly or indirectly by a state, regional, or national organization which promotes the exchange of ideas between, or the professional development of, governmental officials or employees, and whose membership is primarily composed of elected or appointed public officials or staff, to members of that organization or officials or staff of a governmental agency that is a member of that organization (i.e., International Association of Chiefs of Police). G. “Gratuity” means something of value given voluntarily to an employee for an action beyond the official conduct of an employee; also commonly referred to in the private sector as a “tip.” Reviewed: 05/05/2016 Revised: 03/06/2017 Rescinds: 01/28/2014 Effective: 03/20/2017 2.20 Page 2 of 4 SHERIFF’S POLICY MANUAL H. "Immediate family" means any parent, spouse, child, or sibling. I. "Lobbyist" means any person who, for compensation, seeks to influence governmental decision making or to encourage passage, defeat, or modification of any proposal, action, or recommendation by the employee or his or her agency. 2.20.3 Policy: A. No employee of this agency shall solicit or accept a gift or gratuity not generally available to others (including loan, reward, promise of future employment, favor, or service) if it is based upon the understanding that the employee’s actions will be influenced by the gift or gratuity. B. No employee of this agency, acting in his or her official capacity shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for his or her own agency from any business entity of which the employee or the employee's immediate family is an officer, partner, director, or proprietor or in which the employee or the employee's immediate family has a material interest. C. No employee of this agency, or his or her immediate family, shall accept any gift or gratuity when the employee with the exercise of reasonable care should know, that it was given to influence an action in which the employee was expected to participate in his or her official capacity. D. No employee of this agency shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others. This action may subject the employee to a criminal charge. E. No employee of this agency shall have or hold any employment or contractual relationship, excluding a collective bargaining agreement, with any business entity or any agency which is doing business with the Broward Sheriff’s Office. F. No employee of this agency, or the employee’s immediate family, shall hold any employment of contractual relationship that will create a recurring conflict Reviewed: 05/05/2016 Revised: 03/06/2017 Rescinds: 01/28/2014 Effective: 03/20/2017 2.20 Page 3 of 4 SHERIFF’S POLICY MANUAL between his or her private interests and the performance of his or her public duties. G. No employee of this agency shall solicit or accept a gift or gratuity from a political committee or from a lobbyist who lobbies the Broward Sheriff’s Office. H. Employees will not use their official position, ID card, badge, or credentials for personal gain, private advantage or for the advantage of another, or use their association with BSO to solicit any special privilege, treatment, gift, gratuity, or other benefit from any person or business establishment. Exceptions are listed in the paragraph below. I. Employees will not accept special treatment, gifts, gratuities, or other benefits which they did not solicit from any person or business establishment when it is given fully or partially due to their BSO association. Exceptions are: 1. A government rate available to all other similarly situated government employees or official or, 2. A rate which is available to similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin. J. Employees will not knowingly receive any article as a gift or the result of a purchase or trade from suspects, persons in custody, prostitutes, persons who do not have good moral character, or persons whose vocations may profit from official information. K. Employees will immediately notify their supervisor of any offer or special treatment, gift, gratuity, or other benefit which they did not solicit, that is made in an effort to affect their official conduct. L. This policy does not prevent employees from receiving special treatment, gifts, gratuities, or other benefits available to the public. Reviewed: 05/05/2016 Revised: 03/06/2017 Rescinds: 01/28/2014 Effective: 03/20/2017 2.20 Page 4 of 4 SHERIFF’S POLICY MANUAL 2.21 SEXUAL MISCONDUCT/SOLICIT OR ENGAGE IN SEXUAL ACTIVITY 2.21.1 Policy Statement: The Broward Sheriff's Office has a zero-tolerance policy toward sexual misconduct. All allegations will be promptly and thoroughly investigated. 2.21.2 Definitions A. Sexual Misconduct: Any behavior that takes advantage of the employee’s position to misuse authority and power (including force) in order to commit a sexual act, initiate sexual contact with another person, or respond to a perceived sexually motivated cue (whether a subtle suggestion or overt action) from another person. It also includes any communication or behavior by an employee that would likely be construed as lewd, lascivious, inappropriate, or conduct unbecoming and violates the general principles of acceptable conduct. B. Sexual Misconduct includes, but is not limited to: 1. Sexual contact by force (e.g., sexual assault, rape); 2. Sexual shakedown (e.g., extorting sexual favors in exchange for not ticketing or arresting a citizen); 3. Gratuitous physical contact with suspects (e.g., inappropriate or unnecessary searches, frisks or pat-downs); 4. Sexual behavior while on duty (e.g., viewing or distributing pornographic images, sexting, demonstrating sexual behavior with oneself, another employee or citizen); 5. Sexually motivated voyeuristic actions; 6. Inappropriate and unauthorized use of agency resources or information systems for sexual activities other than for legitimate law enforcement purposes. 2.21.3 Policy A. On-duty employees will not solicit sexual activity or engage in any form of sexual misconduct. 2.21 09/12/2013 SHERIFF’S POLICY MANUAL B. Pursuant to the Prison Rape Elimination Act (PREA), Employees will not solicit sexual activity or engage in any form of sexual misconduct with inmates, patients, or in-custody persons. C. Employees will not initiate sexual activity with known suspects, or other persons involved in an active investigation or other official matter in which the employee has a direct involvement. D. Employees receiving a complaint of sexual misconduct of another employee will follow procedures as outlined in the “Employee Complaint and Disciplinary Process” section of the Sheriff’s Policy Manual. 2.21.4 Duty to Report A. Employees who have knowledge of sexual misconduct by another employee have an obligation to report the violation to a supervisor or Internal Affairs. Employees will be protected from retaliation for a good faith report of sexual misconduct. B. Any employee who has knowledge of and fails to report sexual misconduct by another employee will be subject to disciplinary action, except when the employee is the victim. 2.21.5 Investigation and Discipline A. Investigation of Sexual Misconduct and recommendations for discipline (if any) will be in accordance with policies and procedures outlined in the “Employee Complaint and Disciplinary Process” section of the Sheriff’s Policy Manual. B. Employee rights will be upheld in accordance with federal and state law and the employee’s collective bargaining agreement, if any. 2.21 09/12/2013 SHERIFF’S POLICY MANUAL 2.22 WITHHOLDING EVIDENCE: Employees will not intentionally manufacture, tamper with, plant, falsify, destroy, or withhold evidence or information, or make any false accusations of a criminal charge. 2.22 09/12/2013 SHERIFF’S POLICY MANUAL THIS PAGE INTENTIONALLY LEFT BLANK 2.22 09/12/2013 SHERIFF’S POLICY MANUAL 2.23 DIVULGING IDENTITY: A. Employees will not divulge the identity of undercover law enforcement officers without authorization. B. Employees will not address plain clothes law enforcement employees under circumstances which may divulge their identity in an undercover capacity. 2.23 09/12/2013 SHERIFF’S POLICY MANUAL THIS PAGE INTENTIONALLY LEFT BLANK 2.23 09/12/2013 SHERIFF’S POLICY MANUAL 2.24 CONDUCT WHILE ATTENDING TRAINING SCHOOLS: A. Employees will attend in-service training if scheduled. B. Official uniforms or civilian clothing conforming to BSO standards will be worn. C. Employees will comply with all rules and instructions regulating their conduct while attending school and with the firearms instructor's directions regarding their conduct on the range. D. Employees attending approved training will not leave the training unless excused by the instructor. Employees will immediately notify their supervisor of any absences during scheduled training hours. 2.24 09/12/2013 SHERIFF’S POLICY MANUAL THIS PAGE INTENTIONALLY LEFT BLANK 2.24 09/12/2013 SHERIFF’S POLICY MANUAL 2.25 SUBORDINATE/SUPERVISORY/CO-WORKER CONDUCT 2.25.1 Disrespect to a Supervisor: Employees will not engage in conduct deemed disrespectful, insolent or abusive toward a supervisor. 2.25.2 Disrespect to a Subordinate: Supervisors will not engage in conduct deemed abusive, oppressive or tyrannical toward a subordinate. 2.25.3 Disrespect to a Co-Worker: Employees will not engage in conduct deemed disrespectful, insolent or abusive toward a co-worker. 2.25.4 Insubordination: Employees will promptly obey a supervisor's lawful orders. This includes orders relayed from a supervisor by an employee of the same or lesser rank and an Internal Affairs investigator when conducting an official internal investigation. A lawful order is an order which employees should reasonably believe to be in keeping with the performance of their duties. Insubordination will include disobeying a lawful order and conduct directed at a supervisor which is disrespectful, mutinous, insolent, or abusive. 2.25 03/23/2015 SHERIFF’S POLICY MANUAL THIS PAGE INTENTIONALLY LEFT BLANK 2.25 03/23/2015 SHERIFF’S POLICY MANUAL 2.26 ATTENTIVENESS TO PUBLIC 2.26.1 Distraction From Duty: Employees will not engage in activities or personal business which would cause them to neglect or be inattentive to duty. 2.26.2 Appearing to Sleep On Duty: Employees shall not give the impression or display an appearance that they are sleeping on duty. Employees will remain awake and alert while on duty with the exception of fire rescue station shift employees (firefighters, emergency medical technicians, etc.). On-duty employees who are unable to stay awake and alert will advise their supervisor who will determine the proper course of action. Other exceptions may be made during a state of emergency or exigent circumstances with the consent of executive/senior staff. 2.26.3 Professional Demeanor: Employees will not demonstrate a lazy disposition such as lounging about or placing their feet on desks or other furniture. 2.26.4 Courtesy to the Public: Employees will be courteous when dealing with the public, avoiding conduct which conveys disinterest or disrespect. 2.26.5 Citizen Complaints: Employees will not attempt to deter persons from lodging complaints against an employee, but will take appropriate action pursuant to the “Employee Complaint and Disciplinary Process” policy in the Sheriff’s Policy Manual. This does not prevent a supervisor from trying to calm a situation or handle a misunderstanding at the lowest appropriate supervisory level. 2.26.6 Taking Suitable Action: Employees will be attentive and take suitable action in all situations where some official action would reasonably be appropriate, to include, but not limited to reports, complaints, inquiries, and requests for service. 2.26.7 Political, Religious, or Discriminatory Discussions: Employees will not use remarks that degrade national origin, sex, sexual preference, age, color, creed, beliefs, or physical handicaps. 2.26.8 Identification Upon Request: Upon request, employees will supply their name, identification (rank/title), identification number (CCN) and assignment when reasonable to members of the public whether in person or by telephone. [CALEA 22.1.8, CALEA-C 1.1.7] Reviewed: 08/22/2018 Revised: 11/19/2018 Rescinds: 05/09/2014 Effective: 12/03/2018 2.26 Page 1 of 2 SHERIFF’S POLICY MANUAL THIS PAGE INTENTIONALLY LEFT BLANK Reviewed: 08/22/2018 Revised: 11/19/2018 Rescinds: 05/09/2014 Effective: 12/03/2018 2.26 Page 2 of 2 SHERIFF’S POLICY MANUAL 2.27 EMPLOYEE INFORMATION CHANGE: Employees are encouraged to regularly review their employee information in order that BSO maintains current records. 2.27.1 Telephone Number and Address: A. All employees will have a contact number and will supply the number to the Broward Sheriff's Office for access by their immediate supervisor, Communications, and Human Resources. B. Employees changing their address and/or telephone number will be required to do so electronically through My BSO within 24 hours of the change. Employees must supply BSO with a physical home address. Post office boxes will not be accepted. However, employees may maintain post office boxes for their mailing address only. C. Employees will not use BSO as a mailing address for personal business unless otherwise authorized. 2.27.2 Marital/Family Status Change: A. Employees can update their marital/family status electronically through My BSO. Marital status changes in Personal Summary will be processed, however marital/family status changes that affect an employee’s group benefit programs will not be processed until supporting documentation is received by Employee Benefits. B. Name changes will not be processed until receipt of social security card, marriage or divorce decree, driver license, and/or court document showing requested name change. 2.27.3 Emergency Contact Information/Change: Employees who need to change their emergency contact information will be required to do so electronically through My BSO. Emergency contacts should include immediate family members or others whom the employee would like to have contacted in the event of an emergency or death of the employee. 2.27 Page 1 of 2 09/18/2015 SHERIFF’S POLICY MANUAL THIS PAGE INTENTIONALLY LEFT BLANK 2.27 Page 2 of 2 09/18/2015 SHERIFF’S POLICY MANUAL 2.28 CORRESPONDENCE/OFFICIAL COMMUNICATIONS: 2.28.1 Written Correspondence/Documentation: A. All written correspondence/communication will be presented in a professional and legible manner, both in appearance and composition. B. The official BSO memorandum will be used for all internal correspondence; whereas, the official BSO letterhead will be used for all external correspondence. Both approved forms are located on the BSO Informant in the Forms Library. C. All external written correspondence/communication requiring the Sheriff’s signature must be electronically forwarded to the appropriate Executive Director/designee, via chain of command, for review and approval, prior to forwarding to the Sheriff. D. Correspondence (i.e., Thank You Letters and Letters of Commendation) received by the Sheriff’s Administrative Office regarding an employee will be electronically forwarded to the employee’s Executive Director/designee, via chain of command, for dissemination to the appropriate command. 1. The command will prepare a written response for the Executive Director/designee’s signature on behalf of the Sheriff referencing the employee(s) name(s) in the body of the letter. 2. The written correspondence, an electronic copy, and the initial writer’s pre- addressed envelope will be forwarded to the Executive Director/designee for final review and mailing to the initial writer. 3. The Executive Director/designee will route copies of the approved correspondence to the Sheriff’s Administrative Assistant, the employee’s Department\Division\Unit Commander, the employee, and the Human Resources Department to be placed in the employee’s personnel file. E. After initial submission, other than minor administrative changes, no document or correspondence will be altered in any manner. Employees will be notified of any administrative changes. F. All written correspondence will be succinct, factual, and unambiguous. 2.28 Page 1 of 2 07/21/2015 SHERIFF’S POLICY MANUAL G. Employees will not use BSO stationery for private correspondence. 2.28.2 Sending Official Communications: A. Employees receiving official communications directed to another will send it without delay to the intended recipient. B. Supervisors receiving written communications from their employee, directed to a higher authority will indicate acknowledgment of the content and send it through the chain of command. 2.28.3 Postage: Employees will not use or cause to be used BSO stamps or postage meters for their personal mail. 2.28.4 Long Distance Telephone Calls: A. BSO recognizes that toll calls will be necessary in the performance of official BSO business. B. Each Department director approves which employee in their command will be granted the authority to place toll calls. C. Toll calls made from or charged to BSO telephones must pertain to official BSO business. D. Each component will adopt in their SOP a procedure for toll call usage to include supervisor authorization accountability for calls, and remedies for abuse. Note: The following applies to Employees assigned to a facility that utilizes a PIN system for long distance calls: E. Each approved employee will be assigned a unique PIN through the Information Technology Division. F. The unique PIN will be used each time a toll call is placed. G. The unique PIN will not be shared or used by any other employee. 2.28 Page 2 of 2 07/21/2015 SHERIFF’S POLICY MANUAL 2.29 ALCOHOL/DRUG ABUSE 2.29.1 Policy Statement: A. It is the expectation of the Broward Sheriff’s Office and the public we serve that all employees report for duty at the place and time expected, perform their tasks to the best of their abilities, and be free from any impairment that could potentially impact the employee’s performance. B. It is the policy of this agency that any employee who chooses to consume alcoholic beverages or use prescription medication will do so in a responsible and lawful manner. This especially applies to the operational control of a vehicle or vessel, as defined in Florida Statutes 316 and 327. C. The Broward Sheriff’s Office, in its commitment to protect the safety, health and well being of all employees in our workplace, supports the Drug-Free Work Place Act and all related state and federal laws. D. This section represents a statement of agency policy and standards. Sheriff’s Policy Manual Section 3.19 outlines the Drug Free Awareness Program for alcohol and/or drug testing. Both sections will cross-reference language, where applicable. E. Very simply stated, there are two categories of drugs: legal and illegal. It is the policy of this agency for all employees that: 1. Unlawful possession, use, purchase, manufacture, or distribution of illegal controlled substances, alcoholic beverages, and other intoxicants on or off duty, in the workplace, or while conducting BSO business will be prohibited. 2. Substances prescribed by medical professionals must fall within applicable Florida Statutes. 3. Substances deemed to be “over the counter” will be reasonably used for the purpose intended by the manufacturer. Reviewed: 10/20/2015 Revised: 12/23/2015 Rescinds: 09/12/2013 Effective: 01/04/2016 2.29 Page 1 of 8 SHERIFF’S POLICY MANUAL F. Controlled substances shall be prescribed by a medical professional licensed to prescribe medicine through a valid patient relationship as described by Florida law. G. This agency will recognize reasonable exceptions, such as valid prescription renewals by phone, urgent or emergency medical conditions, incidents that may occur outside Florida, or other exceptions on a case by case basis. The policy intent here is to acknowledge Florida Law and prevent workplace impairment. H. BSO recognizes alcoholism as an illness. An employee's consumption of an alcoholic beverage may interfere with the employee's job performance, health, or BSO's image. BSO recognizes alcoholism as a treatable illness. No social stigma should be attached to persons suffering from it. BSO's concern is strictly limited to the effects of this illness upon an employee's health, job performance, and the community's image of BSO. I. Violation of this policy may result in discipline up to termination, as well as criminal prosecution. 2.29.2 Definitions: A. Accident: Incidents where the employee's injury cannot be classified as first aid under Florida Workers' Compensation or property damage is estimated to be at least $100. B. Alcohol: Beverages, mixtures, or preparations containing ethyl alcohol. C. Chain of Custody: Tracking method for specified tested materials and substances that maintains control and accountability from initial collection to final disposition. Reports test results and provides accountability for specimens at each stage of handling, testing, and storing. D. Confirmation Test/Confirmed Drug Test: Second analytical method (split specimen) used to identify a presence of specific drugs or metabolites from a specimen that was positive on initial screening. Confirmation tests are different in scientific principle from initial test procedures. This confirmation must be capable of providing requisite specificity, sensitivity, and quantitative accuracy. Confirmation tests used for alcohol is gas chromatography and gas chromatography/mass spectrometry for other drugs. Reviewed: 10/20/2015 Revised: 12/23/2015 Rescinds: 09/12/2013 Effective: 01/04/2016 2.29 Page 2 of 8 SHERIFF’S POLICY MANUAL E. Drug: Amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; or metabolite of listed substances. F. Drug Test/Test: Chemical, biological, or physical instrumental analysis administered to determine the presence or absence of drugs or metabolites. G. Initial Drug Test: First drug test used to identify negative/presumptive positive specimens. Initial alcohol tests use enzyme oxidation methodology and Food and Drug Administration approved immunoassay procedure for other drugs. More accurate scientifically accepted methods may be used for initial drug tests as more accurate technology becomes available. H. Nonprescription Medication: Medication authorized per state and federal laws for general distribution and use without a prescription in the treatment of human disease, ailment, or injury. I. Prescription Medication: Drug or medication obtained by prescription per Florida Statutes. J. Reasonable Suspicion Drug Test: Drug test based on the possibility an employee is using or has used drugs in violation of policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. “Reasonable suspicion drug testing” may not be ordered except upon the recommendation of a supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question. Among other things, such facts and inferences may be based upon: 1. Direct observation of drug use or physical symptoms or indications of being under a drug's influence 2. Abnormal conduct or behavior at work or job performance deterioration 3. Drug use reports given by reliable or credible sources, independently corroborated 4. Evidence employee tampered with drug tests during their BSO employment Reviewed: 10/20/2015 Revised: 12/23/2015 Rescinds: 09/12/2013 Effective: 01/04/2016 2.29 Page 3 of 8 SHERIFF’S POLICY MANUAL 5. Information that an employee has caused, contributed to or been involved in an accident while on-duty. 6. Evidence employees used, possessed, sold, solicited, or transferred drugs while on duty, on BSO premises, or operating BSO vehicles, machinery, or equipment K. Specimen: Body tissues or products revealing the presence of alcohol or drugs or their metabolites. L. Threshold Detection Level: Level where drugs or alcohol presence can be reasonably expected to be detected by initial or confirmatory tests performed by laboratories meeting standards in relevant Florida Statute and Administrative Code. Threshold detection levels indicate the level where conclusions can be drawn that drug or alcohol is present in the sample. M. For the purpose of this policy, potential for “abuse” refers to alcohol or drugs used improperly or in amounts that could reasonably create a hazard to the employee’s health or the safety of the community. N. For the purpose of this policy, “impair” or “impaired” refers to an employee who may be under the influence of alcohol and/or controlled substances/drugs (or any intoxicant) to the extent that the employee is deprived of full possession of normal faculties. Such normal faculties include, but are not limited to, the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and in general, normally perform the many mental and physical acts of daily life. 2.29.3 Alcohol Policy A. Alcohol Use While On Duty: 1. Employees will not consume alcoholic beverages while on duty except when clearly needed in the line of duty and with prior approval from their supervisor. 2. Employees will not consume alcoholic beverages while wearing any part of the BSO uniform. Reviewed: 10/20/2015 Revised: 12/23/2015 Rescinds: 09/12/2013 Effective: 01/04/2016 2.29 Page 4 of 8 SHERIFF’S POLICY MANUAL B. Alcohol Use While Off Duty: Off-duty employees will not consume alcoholic beverages to the extent: 1. It results in inappropriate or offensive behavior tending to discredit themselves or BSO. 2. It renders them unable or unfit to report for their next regular tour of duty (i.e., illness, impairment, or apparent indication of recent alcohol use). C. Alcohol Abuse Policy: 1. Employees suspecting they may have an alcoholism problem, even in its early stage, will be encouraged to seek diagnosis and treatment with the assistance of the Employee Assistance Program. 2. The Employee Assistance Program will provide confidential assistance to employees in solving personal difficulties and/or directing employees to agencies or persons competent to deal with their particular problems. Any meeting attended will be on the employee's personal time. 3. Employees seeking help for alcohol abuse problems will not have their job security or promotional opportunities jeopardized solely by their request for diagnosis and treatment. 4. Supervisors Responsibility: Supervisors observing unsatisfactory job performance, attendance, behavior, or poor health from their employee that they believe to be the result of alcoholism will direct the employee to the Employee Assistance Program. Referrals to skilled professionals is needed since supervisors ordinarily do not have the qualifications to properly treat or counsel employees affected with alcoholism. 5. Employee Responsibilities: Employees will be responsible for complying with referral requests and cooperating with the prescribed therapy. Employees refusing to accept the diagnosis and treatment or unable to respond to treatment will be disciplined per policy if their job performance remains unsatisfactory. Reviewed: 10/20/2015 Revised: 12/23/2015 Rescinds: 09/12/2013 Effective: 01/04/2016 2.29 Page 5 of 8 SHERIFF’S POLICY MANUAL 6. Employee Self Help: Nothing contained in this policy will be construed to prevent employees from seeking help on their own before the development of any job-related problems. 7. Confidentiality: The Employee Assistance Program will maintain the confidentiality of records regarding employees affected with alcoholism as permissible by law. D. Alcoholic Beverages in BSO Facilities or Vehicles: Employees will not bring into or store alcoholic beverages in any BSO facility or vehicle except in the line of duty or if the beverages are held as evidence. 2.29.4 Drug Use: A. Employees will not use drugs or controlled substances except when lawfully prescribed by a physician, dentist, or licensed medical professional. B. Employees taking drugs or controlled substances which may impair their ability to function properly will notify their supervisor before reporting for duty. This includes any drug or controlled substance whose reaction is possible impairment or diminished motor ability. The supervisor may determine the suitability of the employee for duty. C. Employees will not remain on duty while their ability to perform is impaired by any substance or medication. D. Employees will not operate a BSO vehicle, on or off duty, while their ability to perform is impaired by any substance or medication. 2.29.5 Reasonable Suspicion of Impairment: A. If the supervisor believes an employee’s ability is impaired, a supervisor may remove an employee from his or her duties and direct the employee to submit to reasonable suspicion drug testing. It is recommended that the reporting supervisor seek another independent observation by a supervisor of equal or higher rank to confirm the findings of reasonable suspicion of impairment. Reviewed: 10/20/2015 Revised: 12/23/2015 Rescinds: 09/12/2013 Effective: 01/04/2016 2.29 Page 6 of 8 SHERIFF’S POLICY MANUAL B. Observations leading to the reasonable suspicion the employee may be impaired and actions taken must be documented on a memorandum and submitted to appropriate chain of command. C. The supervisor will ensure transportation for the employee as soon as practical to BSO’s contracted test laboratory. D The supervisor will make an expeditious notification to the respective commander regarding the reasonable suspicions and the actions taken. E. The supervisor will ensure that an employee who may be impaired will not be permitted to operate a vehicle (to drive home, etc.). 2.29.6 Steroids A. Steroids are synthetically produced variants of the naturally occurring male hormone testosterone. The full name for this class of drugs is androgenic (promoting masculine characteristics) anabolic (tissue building) steroids (the class of drugs). Anabolic Steroids are contained within Schedule III of Florida Statutes 893.03, because there are currently accepted medical uses in treatment and abuse may lead to physical damage. Anabolic steroids also appear in applicable federal law. B. For the purposes of this policy, the use of steroids without a prescription and the use of masking agents is considered a violation of policy and applicable state and/or federal law. A masking agent is taken by those who seek to conceal or disguise their own substance abuse. C. While steroids do have legitimate medical uses, steroid abuse has physical and emotional effects that not only far outweigh the benefits of use but are unhealthy for the employee. D. Steroid abuse constitutes illegal behavior under Florida Statutes and federal law. It is the policy of this agency, as mentioned previously, that steroids may only be administered to employees through a legitimate physician/patient relationship and prescription. This policy also includes human growth hormones (HGH), gamma-hydroxybutyrate (GHB), age defying substances, or any other non- anabolic steroids that serve as alternatives, alleviate effects, or mask steroid abuse and must meet the agency’s prescription threshold. Reviewed: 10/20/2015 Revised: 12/23/2015 Rescinds: 09/12/2013 Effective: 01/04/2016 2.29 Page 7 of 8 SHERIFF’S POLICY MANUAL 2.29.7 Concluding Note: Upon distribution and implementation of this policy, the Institute for Criminal Justice Studies (ICJS) will ensure appropriate Training Advisory Bulletins are prepared to educate employees. Reviewed: 10/20/2015 Revised: 12/23/2015 Rescinds: 09/12/2013 Effective: 01/04/2016 2.29 Page 8 of 8 SHERIFF’S POLICY MANUAL 2.30 TOBACCO USE: The Florida Clean Indoor Air Act mandates employers develop, implement, and post a policy regarding smoking and nonsmoking areas. Per Florida Statutes, BSO, a separate and distinct component of Broward County government, hereby sets forth a policy on tobacco use in all BSO facilities and vehicles. 2.30.1 Definition: Tobacco products shall include but is not limited to: cigarettes, cigars, pipes, chewing tobacco, snuff, smokeless tobacco, etc. 2.30.2 Policy: BSO regulates smoking in all facilities and vehicles under its control. A. Use of tobacco products by any BSO employee is prohibited in any BSO facility owned or leased. B. Due to the potential health hazard to employees, BSO vehicles with evidence of tobacco use cannot be re-assigned to employees who do not use tobacco products. To reduce the exposure of tobacco products in BSO vehicles, all employees hired on or after January 1, 2011 are prohibited from using any tobacco product in any BSO vehicle, assigned or leased, marked or unmarked, on or off-duty. Employees hired prior to January 1, 2011 will be permitted to continue using tobacco products in their current BSO-assigned vehicles. However, these employees may not be issued new/smoke-free replacement vehicles. If an employee is issued a new/smoke-free replacement vehicle, use of tobacco products will be prohibited regardless of date of hire. C. Use of tobacco products in “pool cars” or Fire Rescue and Emergency Vehicles is prohibited as of January 1, 2011 regardless of date of hire. D. BSO employees, while on break, may smoke in designated areas or out of the view of the public. Tobacco products in BSO vehicles will only be permitted pursuant to 2.30.2B. E. Employees whose work assignments are in the confines of a BSO facility may smoke outside the facility during their designated break times. Designated smoking areas will be at the discretion of Command. F. In accordance with Florida Statute FS 386 and the Florida Clean Air Act, No Smoking Area signs will be posted in the following places: 1. Entrances to BSO facilities 2.30 09/12/2013 SHERIFF’S POLICY MANUAL 2. Visitors' lobbies 3. Restrooms 4. Employee lounges 5. Stairwells 2.30.3 Uniformed Employees: Uniformed employees may not use tobacco products while: A. In the public view except as permitted pursuant to 2.30.2D. B. In formation. C. Leaving their assignment or post solely for the purpose of using tobacco products except during their designated break times. D. Doing so will cause them to be in violation of the Florida Statutes governing tobacco products. 2.30.4 Exemption: Deputies may use tobacco products if authorized by their supervisor for the special needs of their assignment (i.e., undercover operations). 2.30 09/12/2013 SHERIFF’S POLICY MANUAL 2.31 GAMBLING: On-duty employees will not engage or participate in gambling while on or in a BSO facility. Employees will not engage in illegal gambling at any time

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