I. AUTHORITY

This policy is issued under authority granted to the Chief Probation Officer.  This policy is issued after meeting and conferring with all organizations representing employees affected by this policy.

II. PURPOSE

The purpose of this policy is to define and establish standards for conduct for all employees of the Probation Department, including interns and volunteers.  Individuals in government service have positions of significant trust and responsibility that require them to adhere to the highest standards of conduct.  All Department employees are expected to conduct themselves in accordance with the standards set forth in this Policy and to follow the Probation Department Mission, Vision, and Values (http://myslo.intra/PR.htm).  

It is essential that all Department employees exhibit conduct both on and off the job that does not compromise the integrity or reputation of probation services.  As a law enforcement agency, the Probation Department must maintain the highest level of integrity, honesty, and trustworthiness in all aspects of our conduct and activities.

III. APPLICABILITY

This applies to all Probation Department Employees interns and volunteers.

IV. BACKGROUND

V. GENERAL POLICY

1.  County Rules of Conduct:  In addition to the policies and statements of this Department, all laws, County rules and policies must be followed by Probation Department employees.  Employees are expected to conduct themselves courteously and professionally when engaging with clients, other county staff, and the public.  Employees are also directed to Civil Service Rule 14.02 for a list of the reasons that a permanent employee in the County civil service may be disciplined. Employees are specifically directed to review and adhere to the following County policies (not to the exclusion of other County policies, but as these pertain specifically to employee behavior and conduct): 
   •   Policy Against Discriminatory Harassment
   •  Alcohol and Drug Policy
   • Policy on Political Activity by County Officers and Employees
   • Policy on County Staff Receiving Gifts and Gratuities 
   • Vehicle Policy 
   • Information Security Program: Acceptable Use Policy
   • Workplace Violence Policy
   •  Social Media Policy
   • All County policies can be viewed on the County’s internet and/or intranet website.
2.  Department Rules of Conduct
   1. Representatives of the Chief Probation Officer:  Deputized staff are duly sworn representatives of the Chief Probation Officer and, by statutory law, possess the powers and may perform the duties attached by law to the Chief Probation Officer.  However, upon direction by the Chief Probation Officer or their designee, a deputized staff member shall modify, change, or delete recommendations to the Court in accordance with such direction.  
   2. Interpersonal Communications in the Workplace: All personal interactions, including those with co-workers, clients, supervisors, the public, and individuals at other agencies, are to be conducted with respect, courtesy, and consideration.  Employees shall not disparage, demean, belittle, threaten, or be in any way hostile or disrespectful in their communications with others.  Employees shall treat others in a manner that supports, encourages, assists, and provides clear and understandable direction. While at work, employees shall not engage in gossip or spread rumors in any form, regardless of intent or audience.  Gossip is defined as idle conversations that reveals personal, sensational, or intimate details about another.  Rumor is defined as a statement with no discernible source or known authority for its truth or accuracy.  Gossip and spreading rumors are recognized as detrimental to a cohesive and harmonious working environment.  Employees are encouraged to refrain from this conduct off duty if there is a reasonable likelihood that the behavior could negatively impact interpersonal relationships in the workplace.
   3. Notification of Supervisors: Employees shall notify a supervisor as soon as reasonably possible after becoming aware of any unusual event or occurrence including, but not limited to, situations in which any Department employee is:
      1.  Seriously injured; 
      2.  Involved in a fatality;  
      3. Involved in a use of force incident as defined in the Department’s Use of Force Policy;
      4. The subject of a criminal investigation;
      5. Involved in a “high-profile” case where a subject or victim is well known in the community, a member of another agency, or where the case is or is likely to be highly publicized;
      6. Involved in any incident they reasonably believe will be reported in/to the media;
      7.  Involved in an on-duty vehicle accident;
      8.  Involved in any incident they reasonably believe will generate a citizen’s complaint; or
      9. Contacted by the media regarding a Department-related issue.
         1. If the involved employee is unable or unwilling to notify their supervisor, if there is a witnessing employee, it is the responsibility of the witnessing employee to make such notification as soon as reasonably possible. 
         2. In addition, employees shall notify a supervisor as soon as reasonably possible after becoming aware of any incident, event, or occurrence which they reasonably believe could expose the Department or County to liability.
         3.   Any employee who observes another employee, whether on or off duty, engaging in illegal behavior or conduct prohibited by this Policy shall report that behavior or conduct to a supervisor as soon as reasonably possible.
   4.  Sensitive/High Profile Cases: Sensitive/high profile cases shall be tracked throughout the criminal justice process.  If a case of this nature is referred to the Probation Department, the Chief Probation Officer shall be notified upon a law enforcement or court referral, including bookings in Juvenile Hall via the chain of command.  All court reports associated with a high profile/sensitive case shall be submitted for review to the Adult or Juvenile Services Chief Deputy.  The Chief Deputy shall review the report(s) with the Assistant Chief and Chief Probation Officer prior to distribution to the courts, District Attorney and attorney representing the defendant. A sensitive/high profile case may include, but is not limited to:
      •  A case that is likely or has had significant media interest or coverage,
      •  A Probation employee,
      • A Probation employee’s spouse, significant other, household member, siblings, parent, or relative,
      • A high-profile official of another law enforcement agency or County agency
      •  A high-profile individual, who is well known or has significant status in the community, e.g. judges, state or city officials, celebrities.
   5.  Expression of Personal Opinions:   No employee shall identify him or herself as a member of the Probation Department in any communication, verbal or written, with any media outlet without prior approval of the Chief Probation Officer.  An employee may comment on a matter of public concern if the statement does not impact working relationships for which personal loyalty and confidence are necessary, impede the performance of the speaker’s duties, or interfere with the regular operations of the Department.  In order to advance the Mission and Vision of the Probation Department, employees shall conduct themselves in both manner and speech consistent with the mission of the Probation Department. No employee shall express an opinion arising out of that employee’s position or duties to any media, court, or other agency that is in conflict with the policies or interests of the Department or that of the Chief Probation Officer. While on duty excluding normal breaks, in order to maintain a harmonious and efficient work environment, employees are prohibited from engaging in any political activities in the workplace, including, but not limited to, the display of political images, slogans, cartoons, and endorsements of candidates, initiatives, and propositions.  
   6.  Prohibited Establishments: Except in the performance of duty, no employee shall enter any area or structure where illegal activity is known or should be known by the employee to occur.  This restriction includes, but is not limited to, establishments promoting illegal prostitution, illegal gaming, and illegal substance use or manufacture.
   7. Associations with Known or Suspected Criminals: Except as necessary in the performance of duty, employees shall avoid association or dealings with persons whom they know or reasonably suspect or should know are involved in criminal activity.  Family members or other associations may be exempt with prior approval of the Chief Probation Officer. Except as necessary in the performance of duty, employees shall not belong to or join any subversive organization known to advocate for the overthrow of the United States government or any criminal organization, including but not limited to criminal street gangs and outlaw motorcycle gangs.  Employees shall not engage in continuous social relationships with any members of a criminal or subversive organization. Employees shall not knowingly maintain a personal or social association with a person or persons who are under criminal investigation or indictment or who are on formal probation or who have an open and notorious reputation in the community for criminal activity, as such association would be detrimental to the image and reputation of the Department.
3.  Use of County Property: Employees shall not, while off duty, visually display on their person any item or article of clothing that displays the Department’s name, emblem or insignia, regardless of who purchased the item. Public display of the Department’s name, emblem, or insignia may be displayed at special events with prior approval of the Chief Probation Officer.
4. Conflict of Interest: Employees shall avoid any situation which involves, may involve, or may give the appearance of a conflict between their personal interest and the interest of the County.  Employees shall notify their supervisor as soon as they become aware of any potential conflict of interest.
5. Contact with Law Enforcement: Employees who are arrested, detained, contacted, or questioned by a law enforcement agency as a suspect in any criminal investigation shall, as soon as reasonably possible, and no later than the next business day, notify their Chief Deputy of the nature of this contact.  The next business day for non-custodial staff is Monday through Friday.  The Chief Deputy shall immediately notify the Chief Probation Officer.  All incidents involving an employee and alleged illegal conduct will be investigated by the Department, and, when appropriate, referrals to other agencies for additional investigation will be made.  
6. Fraternization: 
   1.  Romantic Relationships Between Supervisors and Subordinate Employees are Prohibited:  Public trust, safety, and Department morale require that employees avoid the appearance of a conflict between their professional responsibilities and their involvement in a romantic or sexual relationship with other Department employees. In order to promote efficient operation of the Department and to avoid misunderstandings, complaints of favoritism, other problems of supervision, security, morale, and possible violations of the County’s Policy Against Discriminatory Harassment, romantic and/or sexual relationships between supervisors and their direct subordinate employees within the same divisions are prohibited.
   2. Romantic Relationships Between Co-Employees:  Public trust, safety, and Department morale require that employees avoid relationships that may negatively impact the efficient operation of the Department.  Employees who are in romantic or sexual relationships with one another employee of the Department shall remain professional at all times while on duty and adhere to the following standards of behavior:
      • No displays of affection while on duty;
      • No preferential treatment of each other; and
      • Personal conflicts will remain out of the workplace.
      • Any type of behavior or conduct that interferes with the efficient and effective operation of the Department shall be subject to discipline, up to and including termination, as conduct unbecoming an employee. 
7.  Dishonesty and Insubordination: Public trust, safety, Department morale, and the reputation and integrity of the Department as a law enforcement agency require that dishonesty and insubordination by employees not be tolerated.  Dishonesty, in both written and verbal form, is strictly forbidden and is grounds for disciplinary action, up to and including termination.  Insubordination is the willful refusal to obey the lawful and legitimate directive of a higher-ranking member of the Department and is grounds for disciplinary action up to and including termination.
8.  Outside Employment
   1.  Employees shall not engage in any employment, activity, or enterprise for compensation which is inconsistent, incompatible, or in conflict with their duties or the functions and responsibilities of the Probation Department. Such employment, activity, or enterprise includes the following:
      1.  The use of Probation Department facilities, equipment, supplies or a Probation Department badge or uniform for any matter other than official Probation Department business
      2.  Employment activities that directly or indirectly involve the Probation Department’s control, inspection, review or audit responsibilities
      3. Any activity or employment requiring time demands that interferes with or makes less efficient or effective an employee’s performance or duties for the Probation Department
      4.  Employment with any other San Luis Obispo County law enforcement agency performing peace officer duties
      5.  Acting as or working for a bail agent
      6. Engaging in private criminal investigations 
      7.  Employment with community-based residential facilities that provide services to adults and youth who are under the supervision of the Probation Department.
      8.  Licensed cannabis dispensaries or other cannabis related businesses
   2.  Employees engaged in outside employment or considering a second job must advise their Chief Deputy immediately.  The Chief Deputy will bring the notification to the management team
   3. The Chief Probation Officer shall determine if outside employment conflicts with the provisions of this subsection H.1. of this policy
   4. Second job approvals will be filed in the employee’s department administrative file

VI. EXCLUSIVITY

This policy will remain in effect until superseded or suspended in writing by the Chief Probation Officer.