St. Johns County Sheriff's Office Policy 26.1 PDF

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Standards of Professional and Personal Conduct Effective Date: 06/30/2006 Policy 26.1 Amended Date: 04/19/2024 ACCREDITATION STANDARDS CALEA: 22.1.8, 22.2.4, 22.2.5, 26.1.1, 26.1.4, 26.3.7 CFA: 7.08, 32.05 FCAC: 4.08, 4.10 FLA-TAC: 5.01 F...

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Standards of Professional and Personal Conduct Effective Date: 06/30/2006 Policy 26.1 Amended Date: 04/19/2024 ACCREDITATION STANDARDS CALEA: 22.1.8, 22.2.4, 22.2.5, 26.1.1, 26.1.4, 26.3.7 CFA: 7.08, 32.05 FCAC: 4.08, 4.10 FLA-TAC: 5.01 FMJS: Discussion: The St. Johns County Sheriff’s Office has established standards of conduct to enhance the professionalism and performance of the employees of this office. The conduct of all employees of the agency is governed by the provisions of the rules and regulations set forth herein. The rules and regulations for conduct shall be followed. [26.1.1] [26.1.4] [CFA 7.08] [FCAC 4.08] [FLA-TAC 5.01, a] DEFINITIONS Agency – Refers to St. Johns County Sheriff’s Office Conduct - Behavior displayed by employees either on or off duty. [FLA-TAC 5.01, a] Insubordinate - Implies failure or refusal to recognize or submit to the authority of a superior. Insubordination is a deliberate and inexcusable refusal to obey a reasonable order which relates to an employee's job function. The refusal may be openly stated or it may be a silent withholding of services. Misconduct - Actions or behaviors displayed by employees in violation of state and / or federal laws, county / city ordinances, agency policy / procedures, rules, ethical / moral standards, etc. GENERAL [26.1.1].1 The disciplinary standards established herein reflect the high ethical, moral, and professional standards deemed necessary to maintain public confidence in the integrity and ability of the Sheriff’s Office to fulfill its mission..2 Sworn personnel shall preserve the peace, protect life and property, prevent crime, apprehend criminals, recover lost or stolen property, and enforce all laws and ordinances of St. Johns County, the State of Florida, and of the United States in a fair and impartial manner..3 Violation of one (1) or more of these may subject the employee to disciplinary action. However, this list is not all inclusive. In addition, violation of any of the agency’s directives, verbal orders, ethical behavior, etc., may result in disciplinary action..4 This policy is overarching and encompasses portions of policies 26.4 Disciplinary Process and 52.1 Internal Affairs. Standards of Professional and Personal Conduct 26.1 Page 1 of 16 DISCIPLINARY GUIDELINES [26.1.1] [26.1.4].5 The disciplinary guidelines section of this policy is designed to provide the basis for uniform application of disciplinary actions throughout the agency, without limiting the ability to utilize other forms of disciplinary actions when necessary or appropriate..6 Each of the following standard of conduct statements has an associated “level of violation” following the standard. A range of disciplinary actions per violation event can be determined by consulting the Disciplinary Guidelines section..7 There are five (5) levels of violation with level five (5) being the most serious. Each possible violation within a designated level is assigned an outline number in this policy. This number is only intended to show the violation is in a certain level, and it does not assign any rank within the level. POLICY STATEMENTS.8 Supervisors are charged with the responsibility of providing guidance and assistance to their subordinates and instilling positive work ethics..9 Supervisors must exemplify leadership qualities consistent with the agency’s Mission and Values Statements..10 All full and part-time employees, volunteers and others as identified by the Sheriff will be issued agency photo identification cards. See also policies 22.9 Sworn Personnel Appearance and 26.2 Civilian Personnel Appearance. [22.1.8, b].11 The photo identification card should be used as a method to ensure the public of the identity of the agency employee / volunteer. [22.1.8, a, b].12 Employees may eat at establishments serving or selling alcoholic beverages while on duty provided the major purpose of the establishment is a restaurant, convenience store, etc., and not a liquor establishment (bar, lounge, and tavern)..13 Employees may accept monetary awards from recognized organizations when such award is given based on certain established criteria for which there was a selection process..14 Employees may accept monetary rewards which were established prior to the event for which the employee met the criteria..15 Employees will be governed regarding campaigning, lobbying, and political practices by FS 104.31, and 112.313. [CFA 7.08] [FCAC 4.10] Employees requesting a leave of absence for the purpose of becoming a political candidate for public office will be governed by FS 99.012. [CFA 7.08].16 Deputies shall use good judgment in making arrests and investigating suspicious characters. While risk is involved in law enforcement service, deputies should not unnecessarily jeopardize their lives. Since their purpose is to apprehend criminals, they shall summon assistance when unaided arrests seem likely to lead to a dangerous situation. Standards of Professional and Personal Conduct 26.1 Page 2 of 16 TOBACCO-FREE.17 This tobacco-free policy is designed to establish and maintain a tobacco-free work environment. The use of tobacco products is prohibited in any enclosed areas of the facilities within the agency buildings..18 Employees may use tobacco products outside of agency buildings..19 Tobacco products may be used outside of agency owned vehicles, the use within is prohibited..20 Tobacco products included in this policy refer to smokable, chewable or otherwise usable forms of tobacco: Chewing tobacco / dip Cigarettes, vaporizers (electronic cigarettes) Cigars Pipes Smokeless tobacco products Snuff.21 The policy does not prohibit the use of smoking cessation nicotine products except those that emit a vapor and carry the shape and appearance of cigarettes. INSUBORDINATION.22 The elements of insubordination generally are: A direct order was issued to an employee The employee received and understood the order The employee refused to obey the order through an explicit statement of refusal or through nonperformance.23 Other elements associated with insubordination include these terms meaning in opposition to and usually in defiance of established authority. Rebellious open defiance of authority or resistance to control Defiance open or bold resistance to or disregard for authority, opposition, or power; a challenging attitude or behavior Factious implies divisiveness (causing disagreement or hostility within a group so that it is likely to split), dissension (disagreement or difference of opinion, especially when leading to open conflict), or disunity within a group or an organization.24 The below listed items shall not be done and will be considered as insubordinate conduct. Neglect or refusal to obey any proper, legal order of a superior officer Grouchiness, sarcasm, wisecracks, or flares of temper directed toward a supervisor, directly, indirectly or inferred Willfully arguing or quarreling with a supervisor after being directed or instructed to complete an assignment Using profane, insulting, rude, or other inappropriate language to superior officers, subordinates, or to the public Standards of Professional and Personal Conduct 26.1 Page 3 of 16 1. LEVEL ONE 1.1 Employees, while on duty, shall devote their whole time and attention to duty. (LEVEL ONE VIOLATION) 1.2 Courtesy to citizens, other employees, and superiors is indispensable to discipline. Employees shall be civil and respectful toward each other and toward victims, witnesses, suspects, and arrested persons, etc. Employees shall be responsive to the needs of the public by rendering prompt and courteous service, and consistently conducting themselves in a manner encouraging public respect. (LEVEL ONE VIOLATION) 1.3 When answering the office telephone or one issued by the agency, employees shall identify themselves, respond promptly, and maintain a courteous decorum. (LEVEL ONE VIOLATION) [22.1.8, c] 1.4 Employees will receive, route, disperse, respond to, and initiate telephone calls, messages, and / or emails in a timely, courteous manner. (LEVEL ONE VIOLATION) 1.5 Upon request from a member of the public, employees / volunteers of the agency while acting in any official agency capacity shall, show their identification card. Exception: Undercover deputies are exempt from this provision, when acting undercover. (LEVEL ONE VIOLATION) [22.1.8, a, b] 1.6 Training and information gathering is crucial to the success of the agency’s mission, employees will attend and participate in training / seminars / conferences as directed / required. (LEVEL ONE VIOLATION) 1.7 It is the responsibility of all employees to report found or potential safety, maintenance, or non-compliance issues to appropriate section, bureau, or unit. (LEVEL ONE VIOLATION) 1.8 Safety guidelines, techniques, and practices will be adhered to by all employees. (LEVEL ONE VIOLATION) 1.9 When dealing with emergency situations, employees will demonstrate the ability to act quickly and calmly, analyzing and interpreting the facts and events accurately. (LEVEL ONE VIOLATION) 1.10 Employees shall not wear perfume, cologne, or other substance in excessive amounts causing an odor which adversely affects others. (LEVEL ONE VIOLATION) 1.11 Employees shall be neat and clean when in public, whether in or out of uniform. Employees shall maintain their uniforms, civilian attire and equipment in serviceable condition. Employees will maintain socially accepted levels of hygiene. See policies 22.9 Sworn Personnel Appearance and 26.2 Civilian Personnel Appearance. (LEVEL ONE VIOLATION) 1.12 Employees shall update their residence address and / or telephone number with Human Resources and in Employee Self Service (ESS), notify their immediate supervisor, and Communications within twenty-four (24) hours of the change. (LEVEL ONE VIOLATION) 1.13 If the employee has no phone, a memo stating such shall be on file with Human Resources and a copy will be provided to the immediate supervisor. (LEVEL ONE VIOLATION) Standards of Professional and Personal Conduct 26.1 Page 4 of 16 1.14 Any employee, who is assigned a vehicle, must have a telephone or other device which will allow this office to contact them. (LEVEL ONE VIOLATION) 1.15 Employee name changes must be forwarded to the immediate supervisor, Communications, and Human Resource as soon as practical. (LEVEL ONE VIOLATION) 1.16 Gossiping about any employees / volunteers of this office to their discredit, whether the subject is true or false, is prohibited. (LEVEL ONE VIOLATION) 1.17 Employees shall be courteous, civil, and otherwise act with respect towards one another. (LEVEL ONE VIOLATION) 1.18 Any employee who incurs expense in connection with official duties, and for which the office is responsible, shall promptly submit to the office an itemized account of such expenditures, together with all required receipts. (LEVEL ONE VIOLATION) 1.19 Employees shall include their identification number when signing documents. (LEVEL ONE VIOLATION) 1.20 Uniforms: see Policy 22.9 Sworn Personnel Appearance (LEVEL ONE VIOLATION) 1.21 Employees shall first obtain permission from the Sheriff or designee before publishing articles as official representatives. Employees shall not act as a correspondent to any media, nor shall they discuss publicly or for publication any matters pertaining to law enforcement personnel, procedures, or policies without approval of the Sheriff, unless existing policy guidelines are met. (LEVEL ONE VIOLATION) 1.22 Deputies shall use discretion when making an arrest for minor offenses, except when the offenses are willful and repeated. See policy 1.7 Use of Discretion. (LEVEL ONE VIOLATION) 1.23 Employees shall not become bailors for any persons arrested, except immediate family members. They shall not suggest or recommend attorneys, bondsmen, or bail brokers. (LEVEL ONE VIOLATION) 1.24 Employees shall not taunt or persecute an ex-convict, but shall encourage them with efforts to live a law-abiding life. (LEVEL ONE VIOLATION) 1.25 When called upon to act or advise in such disputes, they shall respectfully inform the interested parties that law enforcement deputies have no jurisdiction in civil disputes and shall, when requested, refer them to the proper authority for assistance. (LEVEL ONE VIOLATION) 1.26 Employees shall furnish notification, in writing to the Sheriff, of their intent to file a suit in any court of law not less than five (5) days before the actual filing date. (LEVEL ONE VIOLATION) 1.27 Employees shall not institute a civil action arising out of their official duties without permission of the Sheriff. (LEVEL ONE VIOLATION) 1.28 Employees shall 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. (LEVEL ONE VIOLATION) Standards of Professional and Personal Conduct 26.1 Page 5 of 16 2. LEVEL TWO 2.1 Employees shall serve the public by direction, counsel, and other ways that will not interfere with the discharge of their law enforcement responsibility. They shall respect and protect the rights of individuals and perform their services with zeal, courage, discretion, fidelity, and sound judgment. (LEVEL TWO VIOLATION) 2.2 All employees shall maintain command of temper and display patience and discretion. They shall at all times act with firmness, but should refrain from coarse, profane, or insolent language. (LEVEL TWO VIOLATION) 2.3 Employees shall accept supervision and direction. (LEVEL TWO VIOLATION) 2.4 Employees will adhere to leave, overtime, and attendance policies / procedures. (LEVEL TWO VIOLATION) 2.5 Employees will complete time / attendance / leave reports information in accordance with policy. (LEVEL TWO VIOLATION) 2.6 Employees shall be properly uniformed and equipped. (LEVEL TWO VIOLATION) 2.7 While on duty or in uniform, employees shall not enter (except in the immediate performance of duty) any premises directly or indirectly in which the primary activity of the premises is to sell, furnish or store intoxicating liquors of any kind. (LEVEL TWO VIOLATION) 2.8 Employees shall not conduct personal business while in uniform, on or off duty, in any manner which is intended to influence the other party: (LEVEL TWO VIOLATION) Buying vehicles, property, etc. Requesting loans or other banking business other than routine deposits or withdrawals 2.9 Any employee who does not respond to a call out due to their refusal to answer a telephone, message, or other device, will have their assigned vehicle privilege removed and / or other disciplinary actions taken. (LEVEL TWO VIOLATION) 2.10 An employee who becomes involved in an incident, including a routine traffic stop, with any law enforcement agency to include the St Johns County Sheriff’s Office, will notify their immediate supervisor within twenty-four (24) hours and upon returning to duty provide written notification to their chain of command to the Division Director. (LEVEL TWO VIOLATION) 2.11 Interfering in the personnel actions of other employees of this office is prohibited. Personnel scheduling and assignments will be made on the basis of the operational needs of this office. (LEVEL TWO VIOLATION) 2.12 When it is necessary in the performance of law enforcement duty to remove official reports or records temporarily from the place from which they are maintained, the employee to whom they are issued shall sign a receipt and will be held accountable for the return of any / all items. (LEVEL TWO VIOLATION) Standards of Professional and Personal Conduct 26.1 Page 6 of 16 2.13 Employees who injure a person or animal or damage public or private property, shall immediately report the circumstances to their supervisor / shift leader in writing. (LEVEL TWO VIOLATION) 2.14 Employees shall prepare, process, and submit reports, assignments, and correspondence promptly and in the manner prescribed by the reporting procedure. Employees who receive assistance from other employees on a case to which they are assigned shall note such assistance in their report. (LEVEL TWO VIOLATION) 2.15 Any employee who participates in the investigation or enters the inner perimeter of the scene will file the appropriate supplement to the original report. (LEVEL TWO VIOLATION) 2.16 Employees shall be attentive to, and take suitable action on, reports and complaints by a private person, except when circumstances make it necessary for them to report the matter or refer the complaint. (LEVEL TWO VIOLATION) 2.17 It shall be the duty of each employee to invoice and deliver to the designated authority, all property seized or found immediately after such property shall have come into their possession. (LEVEL TWO VIOLATION) 2.18 Employees shall not give out publicity concerning federal prisoners. They shall not give out personal history or photographs of federal prisoners, information as to arrival or departure of such prisoners, or permit reporters to interview them without the approval of the Sheriff or designee. (LEVEL TWO VIOLATION) 2.19 Employees shall not use official letterhead except for authorized correspondence. (LEVEL TWO VIOLATION) 2.20 While in uniform, employees shall not give testimonials or permit their names, photographs, agency vehicles, or any other equipment to be used for advertising purposes, to include websites or as a representative of the agency, without prior written approval of the Sheriff. (LEVEL TWO VIOLATION) 2.21 No employee shall engage in any extra duty or off duty employment which has not been previously approved by the Sheriff or designee. (LEVEL TWO VIOLATION) [22.2.4] [22.2.5, a] 2.22 No employee shall engage in any activity which is contrary to the best interest of the agency or law enforcement in general. (LEVEL TWO VIOLATION) 2.23 Employees shall not solicit gifts or gratuities. (LEVEL TWO VIOLATION) 2.24 Employees shall be prohibited from accepting gifts which can be misconstrued as influencing the performance of their duties. (LEVEL TWO VIOLATION) Examples: Money (cash or checks) in the form of a gratuity shall not be accepted. Gifts may be accepted (excluding cash money), which are presented to an employee to acknowledge appreciation providing the value does not exceed twenty-five dollars ($25) Establishments that give gratuities in the form of meals, beverages or other services shall not be intentionally frequented. Standards of Professional and Personal Conduct 26.1 Page 7 of 16 2.25 Employees shall not use their official position to solicit special privileges for themselves or others. A deputy may use their badge to obtain admission to any public gathering only in the furtherance of official duty. (LEVEL TWO VIOLATION) 2.26 Failure to inform supervisor when taking medication or therapeutic treatments that could impair performance. (LEVEL TWO VIOLATION) 2.27 Employees shall not consume any alcoholic beverages within eight (8) hours prior to reporting for duty. (LEVEL TWO VIOLATION) 2.28 Refusal to pay just debts and liabilities, or failure to pay same within a reasonable time after instructed to do so by the Sheriff. (LEVEL TWO VIOLATION) 2.29 Neglect to perform any duty in the manner required by rules and regulations, rules of duty or rules of procedure. (LEVEL TWO VIOLATION) 2.30 Employees shall not engage in open criticism of the agency or its policies, programs, or actions of employees. (LEVEL TWO VIOLATION) 2.31 Employees shall not engage in performing any acts or making any written or verbal statements which tend to bring the agency into disrepute or ridicule or which tend to interfere with the reasonable supervision or proper discipline of the agency. (LEVEL TWO VIOLATION) 2.32 Failure to immediately communicate to supervisor information of concern to the agency. (LEVEL TWO VIOLATION) 2.33 Feigning sickness or injury to escape duty, or failure to be home or other appropriate place of convalescence when reporting sick. (LEVEL TWO VIOLATION) 2.34 Using profane, insulting, rude, or other inappropriate language to subordinates or to the public. (LEVEL TWO VIOLATION) 2.35 Failure of sworn personnel to produce agency identification at all times on or off-duty, or failure of any personnel to produce Florida driver license while driving on or off-duty. (LEVEL TWO VIOLATION) 2.36 Repeated failure to be on time for duty, or intentional slowing of response to the public. (LEVEL TWO VIOLATION) 2.37 Male employees shall not enter the cellblock, in the jail, reserved for the detention of female inmates without being accompanied by a female Corrections deputy. (LEVEL TWO VIOLATION) 2.38 Deputies shall not engage in controversies, become involved in an investigation, or make arrests in their own quarrel or in those between members of their families, except under such circumstances as would justify them in using self-defense or to prevent injury to another, or when a serious offense has been committed. (LEVEL TWO VIOLATION) 2.39 Disputes involving employees shall be reported to the affected Division Director. (LEVEL TWO VIOLATION) Standards of Professional and Personal Conduct 26.1 Page 8 of 16 2.40 Deputies shall not dismiss the charges against a person whose case has not been docketed for court appearance, unless there is sufficient good reason, and then only with the approval of the Sheriff, Division Director, or affected Captain. (LEVEL TWO VIOLATION) 2.41 Employees shall not become involved in any promises or arrangements between a criminal and their victim which are intended to reduce the charges and / or permit the offender to escape the full penalty provided by law. (LEVEL TWO VIOLATION) 2.42 The arresting deputy shall take their arrestee to jail for booking as promptly as possible after making an arrest. (LEVEL TWO VIOLATION) 2.43 In the arrest, transportation and detention of arrestees, the deputy shall take precautions to prevent an escape, injury to themselves or others, or damage to property. When making an arrest, the deputy shall carefully search the prisoner and shall immediately take possession of all weapons and evidence. If for any reason an arrestee has not been searched before being turned over to other deputies, the arresting officer shall, without fail, immediately notify the deputies receiving the arrestee. See also Policies 71.1 Transportation by LE and 71.2 Transportation of Inmates. (LEVEL TWO VIOLATION) 2.44 Employees shall not use their official position as a means of forcing or intimidating persons with whom they are engaged in civil controversy to settle the case in favor of the employees. (LEVEL TWO VIOLATION) 2.45 Employees shall not testify in civil cases unless legally summoned, except when appearing as a witness on behalf of the agency. (LEVEL TWO VIOLATION) 2.46 Employees shall not serve civil process except as directed and authorized by the agency. (LEVEL TWO VIOLATION) 2.47 Any employee who has a personal / civil suit filed against them by reason of an act performed by them on or off-duty, shall IMMEDIATELY notify the Sheriff. (LEVEL TWO VIOLATION) 2.48 The use of tobacco products within all agency vehicles (Refer to Tobacco-Free Section) (LEVEL TWO VIOLATION) 2.49 Unintentional failure to activate issued body worn camera (BWC) or late activation as required by policy 41.41 Body Worn Cameras. (LEVEL TWO VIOLATION) Standards of Professional and Personal Conduct 26.1 is prohibited. Page 9 of 16 3. LEVEL THREE 3.1 Employees shall not use or handle weapons, including chemical agent aerosol spray and Conductive Electrical Weapon (CEW), in a careless manner. Employees shall use weapons in accordance with law and Sheriff’s Office procedures. (LEVEL THREE VIOLATION) 3.2 Safety equipment and protective equipment will be used when appropriate. If an employee chooses not to use safety or protective equipment when appropriate, the first line supervisor will be notified as soon as possible. Failure to use safety or protective equipment when appropriate will be grounds for disciplinary actions. (LEVEL THREE VIOLATION) 3.3 Employees have the right to use personal / social networking pages or sites, however, as members of this agency, they are public servants who are held to a higher standard than the general public with regard to standards of conduct and ethics.(see also policy 26.11 Social Media.) (LEVEL THREE VIOLATION) [CFA 32.05, c, d] 3.4 Employees are forbidden to engage in any activity that would improperly attempt to influence or pressure decision makers or agency policy or that is harmful or disruptive to the administrative operation of the agency. Examples: of such behavior include, but are not limited to the following: (LEVEL THREE VIOLATION) An employee’s promotion or change of duty The promotion or change of duty for any other employee To attempt to inappropriately influence disciplinary matters 3.5 Employees or volunteers are prohibited from using their agency position in any way to further any personal endeavor or for personal gain. (LEVEL THREE VIOLATION) 3.6 Employees are prohibited from using their position to influence another person (within this agency or outside of this agency) in order to obtain Law Enforcement or Corrections services not directly related to their job, and which furthers their personal agenda (for personal gain, for a personal business, to make money, in retribution, for harassment, etc.) (LEVEL THREE VIOLATION) 3.7 No record shall be destroyed or permanently removed from its file except on order of the Sheriff or designee. (LEVEL THREE VIOLATION) 3.8 Failure to make a proper report. (LEVEL THREE VIOLATION) 3.9 No employee shall cancel, destroy, alter, change, “fix” or attempt to “fix” any uniform traffic citation or county citation, except in cases where the citation has been issued unlawfully or in error. If a citation has been issued containing erroneous charges, the issuing deputy shall correct or amend said charges and see that the party to whom, such citation was issued is notified of such correction or amendment. If, for valid reason the citation is voided, print “VOID” across the face of the citation. The voided citation is to be signed by the issuing deputy and a supervisor. For electronic “voided” citations, follow the onscreen prompts to void the citation to include the reason the citation is being voided. (LEVEL THREE VIOLATION) Standards of Professional and Personal Conduct 26.1 Page 10 of 16 3.10 Employees shall use care in handling equipment owned by the agency and shall report immediately any that is lost, damaged, or in bad order. Any employee who willfully, and / or negligently, loses, damages, or destroys agency property or equipment shall be subject to disciplinary action which may include replacement of the property or equipment. (LEVEL THREE VIOLATION) 3.11 Vehicle Operations: see policy 41.5 Agency Vehicles, and policy 41.6 Pursuits and Apprehension Techniques. (LEVEL THREE VIOLATION) 3.12 Employees shall treat all official business as confidential. They shall not impart official confidential information to anyone except those to whom it is intended, or as directed by the Sheriff or under due process of law. Employees shall not reveal the identity of a complainant, informant, or suspect, without proper authority. (LEVEL THREE VIOLATION) 3.13 Employees shall not receive, or sell any article as a gift or as the result of purchase or trade from suspects, prisoners, persons recently arrested, or known gamblers, prostitutes, other persons of bad character, ill repute, professional bondsmen, or other persons whose vocation may profit from information obtained from law enforcement or the relatives, employees, or associates of any of these persons. (LEVEL THREE VIOLATION) 3.14 Failure of an employee to perform the duties of their rank or assignment. (LEVEL THREE VIOLATION) 3.15 Human diversity awareness and sensitivity will be demonstrated at all times. (LEVEL THREE VIOLATION) 3.16 While off-duty, employees may frequent lounges / bars; however, if any employee becomes personally involved in a disturbance or altercation, it could result in disciplinary action including termination. (LEVEL THREE VIOLATION) 3.17 Association or participation with persons engaged in any unlawful activity on or off-duty is prohibited. Employees shall not knowingly commence or maintain a relationship with any person who is under criminal investigation, indictment, arrest, or incarceration by this or another law enforcement or criminal justice agency, and / or who has an open and notorious criminal reputation in the community (for example, persons whom they know, should know, or have reason to believe are involved in felonious activity, or convicted felons), except as necessary to the performance of official duties, or where unavoidable because of familial relationships. (LEVEL THREE VIOLATION) 3.18 Neglect to perform any duty; the performance of which is required by law. (LEVEL THREE VIOLATION) 3.19 Intimidation of persons for (LEVEL THREE VIOLATION) 3.20 Flagrant or repeated violations of rules or disregard for proper community customs or ethics. (LEVEL THREE VIOLATION) 3.21 Sleeping while on duty. (LEVEL THREE VIOLATION) personal Standards of Professional and Personal Conduct 26.1 reasons under color of authority. Page 11 of 16 3.22 Upon proper request, refusal or failure to appear before any court, judge, prosecuting officer, board or body authorized to conduct any hearing or inquire in any investigation for a violation of any of the statutes of this state, county, or United States; or, having appeared; refusal to testify or answer any question concerning their conduct as a law enforcement officer. (LEVEL THREE VIOLATION) Every employee shall keep advised as to the status of all their pending court cases. Deputies appearing in court or at deposition shall have their cases prepared, witnesses subpoenaed, and physical evidence arranged for presentation. Intentional interference with another employee’s responsibility, assignment, case, radio broadcast, duty, etc. (LEVEL THREE VIOLATION) 3.23 Failure to maintain minimum standards for continued employment as appropriate; (driver’s license, mandatory retraining certification, etc.). (LEVEL THREE VIOLATION) 3.24 Failure to report to duty or the taking of unauthorized leave. (LEVEL THREE VIOLATION) If an employee fails to report to the office the cause for their absence within three (3) consecutive workdays, the office shall consider the employee to have abandoned the position and resigned from the agency. If an employee’s request for leave of absence is disapproved and the employee disregards the disapproval and takes unauthorized leave, the Division Director will place the employee on leave without pay, and after an unauthorized leave of absence for three (3) consecutive workdays shall consider the employee to have abandoned the position and resigned from the agency. If an employee returns before the end of the third (3rd) consecutive workday, they will be disciplined according to procedure. 3.25 Employees shall maintain a level of moral and ethical conduct in their personal and business affairs which is in the highest standards of the law enforcement profession. Conduct which violates the Law Enforcement Code of Ethics or to the contrary shall be considered Conduct Unbecoming. (LEVEL THREE VIOLATION) 3.26 Conduct unbecoming an employee which may not be specifically set forth in these rules and regulations. (LEVEL THREE VIOLATION) 3.27 Employees shall not be insubordinate. (LEVEL THREE VIOLATION) 3.28 Employees shall fully cooperate with any internal investigation conducted by this agency and provide any pertinent items as requested by the investigator. (LEVEL THREE VIOLATION) 3.29 At no time will a female prisoner be searched by a male employee. (See policy 1.4 Search and Seizure) (LEVEL THREE VIOLATION) In the event a female Corrections deputy is not available or a female Corrections deputy needs assistance, a male employee may enter the female housing area only in the event of a medical emergency, or if an incarcerated female presents an immediate risk to herself or others. 3.30 Employees shall not communicate information which may delay an arrest, aid a person to escape arrest or custody, destroy evidence or remove stolen property. (LEVEL THREE VIOLATION) 3.31 Arresting deputies will read arrestees their constitutional rights under Miranda, when appropriate. See policy 1.3 Constitutional Compliance. (LEVEL THREE VIOLATION) Standards of Professional and Personal Conduct 26.1 Page 12 of 16 3.32 Intentional failure to activate issued BWC or intentional late activation of BWC. (LEVEL THREE VIOLATION) 3.33 Deliberate misuse of BWC (LEVEL THREE VIOLATION). 3.34 Violations of policy 1.8 Response to Resistance to include excessive use of force. (LEVEL THREE VIOLATION) 3.35 Employees shall not become involved on or off-duty, in or out of uniform, in the civil actions or disputes of other persons, family members, or business associates; nor shall they presume to adjudicate any civil dispute or give legal advice in civil matters. The employee will not stand by at the scene of such instances, or respond, threaten, or become involved in these civil matters. They shall not suggest, recommend or solicit business for any specified attorney. (LEVEL THREE VIOLATION) 3.36 Misuse of law enforcement database or software. (LEVEL THREE VIOLATION) hardware, Standards of Professional and Personal Conduct 26.1 BWC software, or BWC recordings. Page 13 of 16 4. LEVEL FOUR 4.1 Employees shall demonstrate (LEVEL FOUR VIOLATION) 4.2 A deputy, PSA or other employee when dispatched and / or assigned to a call shall regard that assignment as an order from the Sheriff. (LEVEL FOUR VIOLATION) 4.3 Employees are prohibited from affiliating with any organization, body, club, society, or association whose philosophy, duties, or expectation would in any way interfere or prevent them from performing any of their law enforcement responsibilities. Furthermore, it is prohibited for any employee to affiliate with any organization, body, club, society, or association whose activities, whether covert or overt, are listed as subversive, revolutionary or communistic by the Office of the Attorney General. (LEVEL FOUR VIOLATION) 4.4 Firearms: see policy 1.8 Response to Resistance. (LEVEL FOUR VIOLATION) 4.5 Displaying immoral, indecent, lewd or disorderly conduct. (LEVEL FOUR VIOLATION) 4.6 Drinking alcoholic beverages or taking any drugs while on duty, either in or out of uniform, or any part thereof, unless required in the performance of duty. (LEVEL FOUR VIOLATION) 4.7 Fighting or quarreling with another employee of this office, or other persons, on or off duty, shall not be tolerated and is cause for disciplinary action. (LEVEL FOUR VIOLATION) 4.8 Appropriating any lost / found property, evidence or agency property to own use; or the tampering or destroying of such items; or, the intentional misuse of such items. (LEVEL FOUR VIOLATION) 4.9 Knowingly and willfully making a false report or entry. (LEVEL FOUR VIOLATION) 4.10 Employees shall not communicate information relating to a proposed arrest or cases to be investigated, except to the deputy assigned to the case or to a superior officer. (LEVEL FOUR VIOLATION) 4.11 Employees shall not disclose the identity of confidential informants, except to authorized persons. (LEVEL FOUR VIOLATION) Standards of Professional and Personal Conduct 26.1 honesty and integrity at all times. Page 14 of 16 5. LEVEL FIVE 5.1 All employees shall speak the truth at all times and under all circumstances. Authorized personnel are exempted from this provision when working in an undercover capacity. Any employee who willfully departs from the truth is unfit for service and shall be subject to termination. This applies to any statement whether written, verbal, or by action. (LEVEL FIVE VIOLATION) 5.2 Accepting a bribe or gratuity for an illegal act; or, failure to report that act or the offer of the bribe. (LEVEL FIVE VIOLATION) 5.3 No employee will engage in sexual activity while on duty to include any time a deputy is acting under the color of authority as a law enforcement or corrections deputy. (LEVEL FIVE VIOLATION) 5.4 Commission of a criminal act in violation of a county, state or federal statute. (LEVEL FIVE VIOLATION) ____________________ Robert A. Hardwick Sheriff Standards of Professional and Personal Conduct 26.1 Page 15 of 16 DISCIPLINARY GUIDELINES [26.1.4] [26.3.7] LEVEL ONE First Occurrence Second Occurrence Third Occurrence Fourth Occurrence Fifth Occurrence Sixth Occurrence Seventh Occurrence LEVEL TWO First Occurrence Second Occurrence Third Occurrence Fourth Occurrence Fifth Occurrence LEVEL THREE First Occurrence Second Occurrence Third Occurrence Fourth Occurrence LEVEL FOUR First Occurrence Second Occurrence Third Occurrence LEVEL FIVE First Occurrence Second Occurrence CONSEQUENCE Verbal Warning to Consultation Form Loss of Privileges and / or Letter of Reprimand Reprimand to 1 day Suspension 1 Day to 2 Days Suspension Suspension, Demotion, or Dismissal Suspension, Demotion, or Dismissal Dismissal CONSEQUENCE Consultation Form to Letter of Reprimand Letter of Reprimand to 1 Day Suspension 1 Day to 3 Days Suspension 3 Days to 10 Days Suspension, Demotion, or Dismissal Dismissal CONSEQUENCE Letter of Reprimand to 3 Days Suspension or Demotion 3 Days to 10 Days Suspension or Demotion 10 Days Suspension, Demotion, or Dismissal Dismissal CONSEQUENCE 3 Days Suspension, Demotion, or Dismissal 5 Days Suspension, Demotion, or Dismissal 10 Days Suspension, Demotion, or Dismissal CONSEQUENCE 5 Days Suspension, Demotion, or Dismissal Dismissal Standards of Professional and Personal Conduct 26.1 Page 16 of 16