S220codeOfConduct ST.pdf

Chapter I

Administration & Management

Policy #:

S220

References: GL c.6, §172 et seq.

c.149, §185; c.268A

103 CMR 910.08; 914.01; 924.02;

973.07; 943.09

3-ACI-3-4017; 4067; 4173; 4268

3-ALDF-1C-23; 3A-07; 3E-08

Personnel

Code of Conduct

Date of Issue:

January 1, 2000

Approved:

Steven W. Tompkins, Sheriff

Effective:

February 2016

Purpose

This policy codifies the rules governing standards of conduct and ethical behavior expected of all

Department employees. For the purposes of this policy, the term “employee” includes all vendors, contractors and volunteers of the Department, and the term “inmate” includes detainees and pre-arraignment arrestees.

As employees of the Department, we have an important mission in the criminal justice system.

We provide an essential public service and are responsible for the care, custody, and control of inmates while maximizing public safety and minimizing costs to the taxpayer. The Sheriff has set a very high standard of performance and all staff is responsible and accountable to the public.

The importance of working with integrity and creativity is paramount even when the work is challenging and the resources are limited. You are a member of a staff dedicated to providing efficient and effective correctional and re-entry services to the communities of Suffolk County.

Policy Statements

I. These rules are issued as general directives and do not attempt to cover each and every contingency that may arise during an employee's service with the Department.

II. Nothing in these standards shall be construed to relieve an employee of his/her primary responsibilities concerning the safekeeping and custodial care of inmates, or from an employee's constant obligation to render good judgment, full and prompt obedience to all provisions of the law and all other lawful orders and directives.

III. All employees (as defined above) are subject to the provisions of these rules.

IV. Improper or illegal conduct will not be tolerated, whether or not it is specifically mentioned or described in these rules.

V. Acceptance of employment with the Department shall be acknowledgment of an agreement to abide by this and every other policy, procedure and post order issued by the Department.

VI. Nothing in these rules is intended to conflict with the laws of the Commonwealth, or to infringe upon the constitutional rights of any employee.

VII. The Department has zero tolerance for domestic violence.

S220: Employee Code of Conduct Page 2 of 9

Procedures

I. General Guidelines

A. Standards of Public Service

1. An employee's position with this Department is one of responsibility and public trust. As such, and in order to maintain the dignity and public perception of the Department, all employees must be discreet and prudent not only in their professional capacities, but in personal relationships, personal associations and places frequented.

2. An employee's uniform, badge, identification (ID) or other official insignia shall be used only as is required in the course of his/her official duties.

3. All employees are required to conform their behavior to the ethical standards required by state law, including the rules on conflict of interest, as contained in the annual summary distributed to each employee.

B. Appointment, Employment, Termination of Service

1. Selection for appointment to a position with the Department is based in part on statements contained in the employment application form. Discovery that any statement is false may lead to an employee's immediate termination.

2. All employees shall be photographed as necessary for ID purposes, and may be retaken as needed to keep them current. ID badges must be clearly worn at all times while on duty.

3. All employees, regardless of employment status (e.g., leave of absence or suspension), must report in writing to the Director of Human Resources within seventy-two (72) hours any change in residential address, home telephone number, person to notify in case of emergency, or any other pertinent personnel data.

4. Employees must provide a minimum of two (2) weeks written notice of resignation to the

Director of Human Resources.

5. Employees must provide a minimum of forty-five (45) days written notice of an intent to retire for superannuation.

6. Employees must report all other employment to the Director of Human Resources, and failure to do so is grounds for discipline.

C. Confidential Communications

1. The affairs of the Department and inmates are confidential, and any discussion on these subjects shall be limited to that which is necessary in the performance of an employee's duties, and shall only be shared with persons authorized to receive such information.

a. Any unauthorized disclosure of confidential information shall constitute just cause for disciplinary action.

b. Communications to law enforcement agencies regarding the commission, or possible commission, of any criminal offense are not confidential

c. Employees may report suspected illegal activity to law enforcement without notifying a facility Superintendent, the Superintendent in Chief or the Assistant

Deputy Superintendent of the Sheriff’s Investigation Division (ADS/SID), if it is done in accordance with paragraphs L(1) and L(2), below.

2. An inmate’s criminal history and related information are protected by law, and may only be released to authorized persons in accordance with S153, Criminal Offender Record

Information.

3. An employee’s personal information (e.g. address, telephone, SSAN) is also confidential and will not be released without authorization from the employee, in response to a subpoena, or by court order, unless dissemination of such information is required in the ordinary course of Department business.

S220: Employee Code of Conduct Page 3 of 9

4. Written or electronic information generated by any Department division may or may not qualify as a public record eligible for release outside the Department. Except as is specifically authorized by Department policy or procedure, internal information may not be released outside the Department unless and until authorized by the General Counsel or his/her designee.

5. Details of any Department investigation are confidential and the release of any information, unless authorized by a Superintendent, will be grounds for discipline. However, if the employee is the focus of the investigation, s/he may disclose any such information to his/her union representative and/or attorney to assist in his/her own defense.

6. Official records, papers, reports or copies thereof shall not be removed from any

Department facility without specific instruction or prior permission from the facility

Superintendent except as is necessary in the performance of one’s duties.

D. Interactions with Public

1. Employees shall be courteous and professional in all public contact that may arise in the course of their duties.

2. Tours:

a. Formal tours of the institution may be arranged through the Office of Communications and External Affairs (OCEA) or the facility Superintendent.

b. Unless assigned to OCEA, employees may conduct tours only with prior approval of the facility Superintendent.

3. Employees are encouraged to publish or speak on subjects related to their position, but must first obtain approval from the Superintendent in Chief.

E. Interactions with the Media

1. Only the Sheriff or the Director of OCEA, or their designees, may make statements to the media or release news statements or bulletins concerning the business of the Department.

2. The facility Superintendent reserves the right to determine whether or not the media will be permitted entrance into any facility.

3. Media access to employees or inmates is governed by S130, Inmate Access to Media and

S131, Public Information and Media Access.

F. Interactions with the Other Employees

1. The Department requires cooperation between employees, and staff must therefore be considerate and courteous in all their working relationships.

2. Employees shall not foster discontent or engage in any activity that could lower the morale of another employee or disrupt the work environment, and will be discreet in the discussion of personal matters (see also S-182, Social Media).

3. Employees shall not retaliate against anyone who reports misconduct nor retaliate against anyone who cooperates in an investigation.

4. An employee may not inspect or have access to another employee’s personal information, personnel file, or other official documents unless it is necessary in the performance of their duties.

5. Employees may not conduct investigations unless approved by a facility Superintendent or the ADS/SID. Reporting truthful information of the commission or possible commission of a crime regarding Department operations or security to appropriate law enforcement agencies in accordance with paragraphs L (1) and L (2), below, shall not be construed as conducting an investigation.

S220: Employee Code of Conduct Page 4 of 9

G. On-Duty Interactions with Inmates

1. When interacting with inmates, employees must act solely in the furtherance of the

Department’s mission to provide for the custody and care of inmates.

2. Staff shall protect inmates from physical, emotional or sexual abuse, corporal punishment, personal injury, disease, property damage, discrimination and sexual harassment.

3. Retaliation against inmates for exercising their rights under any Department policy, state or federal law is strictly prohibited.

4. Employees shall be professional, objective and unbiased in the application and enforcement of Department policies, procedures, post orders and relevant standards.

5. Employees shall not discuss Department business with, or in the presence of, inmates except as required by their duties.

6. Employees must never express to an inmate a personal opinion regarding another employee or inmate, whether positive or negative.

7. Personal employee information shall not be discussed with, or in the presence of, inmates.

8. Employees must not give inmates the impression that staff are in conflict with one another, since such impression may lead to manipulative behavior.

9. Employees should not disclose the nature of an inmate’s offense(s), or any visits with SID or outside law enforcement agencies, unless authorized to do so.

10. Except when expressly required by their duties, employees shall not intercede or act on behalf of an inmate’s custody status with this Department or any another agency without prior approval of the facility Superintendent. Reporting truthful information of the commission or possible commission of a crime regarding Department operations and security to law enforcement in accordance with paragraphs L (1) and L (2), below, shall not be construed as interceding or acting on behalf of an inmate’s custody status.

11. Employees are prohibited from all forms of bartering and buying or selling, whether directly or indirectly, with inmates.

12. Employees shall not accept a fee, gift, gratuity or any item of value from an inmate.

13. Employees shall not provide any fee, gift, gratuity, or any item of value to an inmate except as is required in the performance of their duties or as otherwise authorized by a facility

Superintendent.

14. Employees shall maintain professional and proper boundaries with inmates and must consult with their supervisor if they are unclear about boundary issues.

H. Off-Duty Interaction with Inmates

1. It is recommended that employees not associate with, accompany, correspond or have an intimate or personal relationship with any inmate or former inmate of any state or county facility except as is required by their duties. If, however, an employee has or intends to have such contact or relationship, they must first notify the facility Superintendent in writing.

2. Any other contact with a former inmate not covered by paragraph H (1), above, must also be reported in writing to the Superintendent.

3. Employees must notify the Superintendent if a relative or personal friend is committed to a

Department facility. Employees are exempt from reporting contact with relatives after their release from Department custody.

4. The purpose of this notice requirement is to lessen any potential embarrassment to, and avoid any suggestion of impropriety by, any employee.

I. Interaction with Inmates’ Friends or Family

1. Any employee contact with an inmate’s relatives or friends that results in the receipt of information relative to the commission or possible commission of a crime regarding

Department operations or security must be reported in writing to a facility Superintendent, S220: Employee Code of Conduct Page 5 of 9 the Superintendent in Chief, or the ADS/SID within twenty-four (24) hours, or may be reported to the appropriate law enforcement agency in accordance with paragraphs L (1) and L (2), below.

2. Employees shall not accept a fee, gift, gratuity or any item of value from an inmate's family, friends, or any person acting on their behalf.

3. Employees shall not provide any fee, gift, gratuity, or any item of value to an inmate's family, friends, or any person acting on his/her behalf except as is required in the performance of their duties or as otherwise instructed by the facility Superintendent.

4. Conversation with an inmate’s visitors shall be limited to that which is required by an employee's duties.

J. Fitness for Duty

1. Drug Policy

a. Use of illegal drugs and abuse of alcohol or prescription medication are incompatible with service in a law enforcement agency, and such conduct will be dealt with in accordance with S215, Drug Free Workplace and applicable collective bargaining agreements.

b. The Department will not tolerate the presence of illegal drugs or alcohol on its premises, nor will it tolerate any of its employees reporting for duty or engaging in official business of the Department while under the influence of alcohol or drugs.

c. Any employee who, under doctor's care or otherwise, is required to take medication while on duty that may affect their performance in any way must report this fact to their supervisor and the Superintendent. If the medication is brought onto Department property:

i. it must not be kept on person in the secure perimeter; and

ii. it must be limited in amount to the dosage required during the work day.

d. No employee may dispense or give medicine of any type, prescribed or not, to an inmate unless the medication is administered, in accordance with Health Services

Policy J-20, Medication Administration, by a licensed nurse, physician or dentist, or expressly authorized by the Superintendent or his/her designee.

2. Disability or Need for Accommodation

a. Any health problem, injury, or restriction which may affect an employee's job performance, or for which an employee may require an accommodation, must be medically documented and reported to Human Resources.

b. Such documentation must satisfy the following requirements:

i. be an original;

ii. be written on the stationery of the health care provider;

iii. contain an original signature of the health care provider;

iv. clearly state the specific physical restrictions the employee has due to the illness or injury; and

v. specify the expected duration of the restriction(s).

c. All documentation is subject to review and resubmission every ninety (90) days.

d. Division managers shall consult with Human Resources on accommodations for both work-related and non-work-related injuries.

3. Length of Work Day

a. No employee may work for the Department for more than sixteen (16) hours in a twenty-four (24) hour period and, after working sixteen (16) hours, must not work in any capacity for eight (8) hours before returning to duty. This prohibition shall include regular shifts, overtime, training, OCEA events, paid details and outside employment.

S220: Employee Code of Conduct Page 6 of 9

b. If an employee is suspended for any reason, s/he may not work an overtime shift, a paid detail, or an OCEA event during the twenty-four hour (24) period comprising said suspension.

4. Conduct On-Duty

a. Employees must not engage in any activity while working which might interfere or distract them from the performance of their duties.

b. Any personal televisions, radios, cameras, IPODs, Kindles, Tablets, CD, DVD, or tape players, and all other electronic devices, are strictly prohibited inside the Jail, the

HOC, and at all other Department programs unless authorized by the facility

Superintendent.

c. Reading materials, other than official Department publications, are prohibited while posted in a housing unit or control booth/center unless authorized by the facility

Superintendent.

d. Cell phones are prohibited inside the secure perimeters of the Jail and HOC unless authorized by the facility Superintendent, and then only in the area(s) specified.

e. The misuse of Department equipment or telephones, and the generation of unauthorized charges, will require restitution and may subject the employee to discipline.

5. Conduct Off-Duty

a. All employees, regardless of their employment status (e.g. on leave of absence or suspension), must report in writing any involvement with law enforcement officials including, but not limited to, an investigation, arrest, allegation of domestic violence, issuance of a restraining order, or court appearance.

i. Such reports shall be made to the facility Superintendent within twenty-four (24) hours of the involvement with law enforcement officials, or prior to the commencement of the employee's next shift, whichever is sooner. Employees need not report contacts with law enforcement officials that consist of reporting information regarding the commission or possible commission of a crime regarding

Departmental operations or security in accordance with paragraphs L (1) and L (2), below.

ii. If the facility Superintendent is unavailable, reports shall be made to the AS/OPS or ADS/OPS at the appropriate facility.

iii. Employees may be required to produce copies of police reports and restraining orders.

b. All employees must be circumspect in their choice of associates, as even casual interaction with criminals, or with individuals engaged in illicit or illegal activities, is inconsistent with Department employment.

K. Department Property and Equipment

1. Employees are responsible for the care, control and security of Department property.

2. If an employee's ID, badge, or uniform articles which bear official Department insignia, are lost, stolen or otherwise unaccounted for, a written report shall be filed immediately with

SID.

3. Department property shall include equipment, supplies, the physical plant and any items issued to employees on a permanent or temporary basis.

4. Employees must promptly report the loss, damage, destruction, or discovered malfunction of any Department property. If responsible for said loss, damage, destruction or malfunction, an employee may be prosecuted, disciplined and/or required to make restitution.

5. Department letterhead is for official Department use only, and no alterations may be made or used without explicit authorization from the Superintendent in Chief.

S220: Employee Code of Conduct Page 7 of 9

a. Memoranda or reports intended solely for internal communication should be written on blank white paper, either with or without computer-generated headings.

b. The unauthorized use or waste of Department letterhead or other materials is prohibited.

6. Equipment issued for any period of time must be returned in good condition.

7. Upon separation from service for any reason, employees must return all issued equipment, badges, ID cards, policy and training manuals/CDs, and any other Department property in their possession.

L. Reports

1. Employees must report suspected criminal activity to a facility Superintendent, the

Superintendent in Chief or the ADS/SID, unless the employee has a reasonable belief that such an internal report would result in retaliation by the employer.

2. If an employee reasonably believes that making an internal report of suspected criminal activity would result in retaliation by the employer, then the employee must immediately make an external report to the Boston Police Department (BPD), the Massachusetts State

Police (MSP), or the Federal Bureau of Investigation (FBI). The employee will not be subject to discipline or retaliation by the employer for the act of reporting as long as the reporting is consistent with this paragraph and paragraph L (1), above.

3. Employees are required to report in writing all significant events regarding Department operations or security in which they are involved or about which they have personal knowledge.

a. These reports must be submitted promptly, but no later than the end of the employee’s shift, unless specifically authorized otherwise.

b. Reports must be submitted to the immediate supervisor, unless instructed otherwise by an investigating official or Department policy.

4. Employees must also file a written report whenever ordered to do so by any supervisor, SID, or any other Department official authorized to conduct an investigation.

5. Employees must be truthful and cooperate if requested by SID (or any other office or individual appointed to conduct an investigation) to submit to an interview, whether or not the employee has previously submitted an oral or written report.

6. All reports generated in the course of an employee’s duties shall be treated as confidential communications, in accordance with paragraph C (2), above.

7. Failure to report, false reporting, incomplete reporting or inappropriately collaborating or interfering with another employee in the preparation of a report, may result in discipline or criminal prosecution.

M. Attendance

1. Regular and punctual attendance is expected of all employees and excessive absenteeism or tardiness will be dealt with firmly, in accordance with policies S207, S208 and S209, Managing Attendance, and S211, Unauthorized Absence.

2. Employees may not exchange duties or swap days or hours of work without prior authorization of their Shift Commanders (uniformed) or immediate supervisors (non-uniformed).

3. If off-duty but advised by any means that an emergency exists at any Department facility, all executive staff members, uniformed officers and medical staff must contact their respective supervisors and report for duty if so ordered.

S220: Employee Code of Conduct Page 8 of 9

N. Administrative Procedures

1. It is the responsibility of each employee to have a working knowledge of the policies contained within the employee policy manual, and to understand and comply with the rules and procedures detailed therein.

2. If an employee does not understand a regulation, policy, post order or other directive, the employee is expected to seek explanation or clarification from his/her immediate supervisor.

3. All employees must scan official bulletin boards for the presence of official orders, issued policies or notices when reporting for, and departing from, duty.

4. Any person tampering with, removing, defacing, or marking such orders or notices shall be subject to disciplinary action.

5. After any absence from his/her regularly-scheduled shift, an employee shall inquire of his/her supervisor whether any important information was disseminated during his/her absence.

II. Offenses If it is determined that an employee has committed any one of the following offenses, s/he is subject to discipline, up to and including termination:

A. Physical or verbal abuse of an inmate or anyone else in custody(which includes conduct in any

Department facility or vehicle, as well as conduct at a hospital or medical appointment, in court, at a halfway house, on a CWP crew, or involving someone classified to community supervision).

B. Sexual contact with an inmate

C. Possession of illegal drugs or alcohol while on duty or in any Department facility or vehicle

D. A positive hair sample or urinalysis drug test

E. Sexual harassment of anyone

F. Conviction of any crime

G. Possession of prescription medicine while on duty or in any Department facility/vehicle without prior approval of the Superintendent

H. Acceptance of drugs/alcohol from, or delivery to, an inmate or employee

I. Giving false statements orally or in writing while under oath, on an employment application, or during an investigation

J. Assault and/or battery on another person

K. Assisting an inmate to escape or attempt to escape

L. Use of excessive force

M. Under the influence of drugs/alcohol when reporting for, or while on, duty

N. Improper conduct

1. Conduct unbecoming of an officer (uniformed personnel)

2. Unprofessional conduct (non-uniformed personnel)

3. Fostering discontent

O. Reporting

1. Submission of a misleading, incorrect or false report (either oral or written)

2. Failure to report when otherwise required to do so

P. Acceptance, delivery or possession of contraband from/to an employee or inmate, and within any Department facility or vehicle

Q. Valid arrest, conviction or incarceration, by a law enforcement agency, or failure to report interaction with a law enforcement agency

R. Disrespect or insubordination:

1. To a superior in the presence of inmates;

S220: Employee Code of Conduct Page 9 of 9

2. To a superior in the presence of subordinates;

3. To a superior; or

4. Discussing another employee in presence of inmates

S. Displaying discourtesy, disrespect or insolence while on duty

T. Inappropriate familiarity

1. With a current/former inmate

2. With a fellow employee

3. With visitors or the public

U. Damage to property

1. Willful damage to Department property

2. Failure to report damage to Department property

3. Negligent use, misuse, abuse or misappropriation of Department property

V. Improper/inappropriate attire:

1. Out of uniform (uniformed personnel)

2. Unprofessional attire (non-uniformed personnel)

3. Uncleanliness in person, dress or demeanor

W. Unauthorized absence

1. AWOL (absence without leave)

2. Misuse of sick leave

3. Tardiness

4. Abuse of sick leave

X. Offenses against public safety

1. Unauthorized absence from, or abandonment of, a post

2. Neglect or dereliction of duty

3. Fighting or quarreling with fellow employees

4. Sleeping while on duty

5. Allowing an inmate to escape

6. Violation of health and/or safety rules

7. Failure to obey lawful oral or written order of a superior

8. Possession of an unauthorized cell phone or other electronic device

9. Failure to conduct rounds

Y. Falsifying, altering or improperly modifying a log book

Z. Violation of any other Department policy, procedure or post order

III. Waivers and Modifications

A. Emergency

Provisions of these and other rules may be temporarily waived or modified in an emergency situation by order of the Sheriff or a Superintendent.

B. Collective Bargaining Agreement

Nothing in these rules shall be construed to conflict with any relevant collective bargaining agreements.

C. Authority

If any article, section, subsection, sentence, clause or phrase in this or other Department policy, procedure or post order is for any reason held to be unconstitutional, contrary to statute, exceeds the authority of the Sheriff or the Superintendents, or is otherwise inoperative, such decision shall not affect the validity of any other part of said policy, procedure or post order.