Sheriff's Policy Manual PDF

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 acknowled...

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