HR2416 - CODE OF CONDUCT - TRACK CHANGES - 04112018 BOS AGENDA.PDF
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MARICOPA COUNTY INTERNAL POLICY Policy Number: HR2416 Policy Title: Current Adoption 7-27-201704-11- CODE OF CONDUCT Date: 2018 Current 7-27-201704-11- Implementation Date: 2018 Approved by: Board Agenda N/AC-##-##-###-#- Number: ## COUNTY MANAGERBOARD OF SUPERVISORS Original Adoption 7-27-2017 Date: I. PURPOSE Maricopa County is committed to the highest standards of conduct, ethics, integrity, competence and professionalism. This policy outlines the professional and personal standards of conduct required for all County Employees to achieve the highest levels of integrity and credibility in order to earn and maintain the public’s trust. II. AUTHORITY The Human Resources Department is responsible for administering this policy. Appointing Authorities and other supervisory personnel are responsible for assuring compliance with this policy. Violation of County provisions and policies may be subject to disciplinary action, up to and including termination. III. APPLICATION This Policy applies to all Employees and Volunteers of all appointed departments, the Flood Control District, the Library District and the Stadium District and Maricopa County Special Districts. This Policy shall apply to employees of County Elected Officials unless the County Elected Official has implemented a code of conduct policy specific to their respective Office. IV. DEFINITIONS A. Appointing Authority: The single administrative or executive head of a Department/Special District, or the designated representative authorized to act in this capacity. B. Conflict of Interest: Conflict of Interest arises when a person participates in a decision about a matter or exercises control over another person participating in a decision about a matter (including but not limited to any contract or arrangement of employment, leasing, sale or provision of goods and services) which may personally benefit or be seen to benefit that person because of actions or decisions made in their official capacity. Situations which may give rise to a real or perceived Conflict of Interest include but are not limited to: nepotism, an external business relationship, or a close personal relationship. C. County Property: Any property owned, leased, or purchased by Maricopa County. D. Employee: A person paid a wage, salary or stipend from public monies in accordance with official entries on County payroll. This includes all classified, unclassified, part-time, contract, and any temporary Employee paid through Maricopa County accounts payable processes. For purposes of this policy, “Employee” does not include persons employed by the Superior Court of Arizona in Maricopa County. Policy Title: Policy Number: HR2416 CODE OF CONDUCT Current Adoption 7-27-201704-11- Date: 2018 E. Family Member: An Employee’s spouse/domestic partner, parent, sibling, child, aunt, uncle, grandparent, grandchild, niece, nephew, first cousin, half-sibling, in-law, step relation, or anyone with whom the Employee has a custodial relationship. F. Misconduct: Any violation of County policy or procedure; federal, state, or local law; the Constitution; or administrative rulings. G. Volunteer: A person who, of their own free will, provides services to the County without receiving a wage, salary, stipend or other County benefit. V. POLICY A. Ethical Conduct: Employees shall conduct themselves in a professional, ethical, and lawful manner. 1. Employees shall be honest, fair, and courteous while working or identified as Employees of Maricopa County. This includes communications on social media. 2. Employees shall not participate in any activity which would compromise their ability to perform their official duties objectively and impartially. 3. Employees may not withhold relevant information or willfully mislead an administrative investigation. B. Nondiscriminatory Behavior: Employees shall not engage in harassing and/or discriminatory behavior, as defined by state or federal law or County policy, whenever in the workplace, whenever conducting business on behalf of, or whenever representing the County. Employees shall not act against or in favor of any individual because of race, gender, religion, color, national origin, age, disability, sexual orientation, pregnancy, veteran status, genetic information or any other characteristic defined by law or Board approved policy. C. Avoidance of Conflicts of Interest: Employees shall not involve themselves in any matter that may involve or have the appearance of a Conflict of Interest. Should a Conflict of Interest arise, Employees shall notify their supervisor. If the Conflict of Interest involves the Employee’s direct supervisor, the Employee shall notify the Appointing Authority, Department Human Resources, the County’s Director of Human Resources, Employee Relations, or any combination of the above listed individuals and entities. D. Conformance to Established Laws and County Directives: Employees shall obey all local ordinances and state and federal laws and shall conform to the provisions of all written policies. Employees shall report to their Appointing Authority any arrest, charge and/or conviction of any crime in any jurisdiction that could affect the Employee’s ability to perform job responsibilities or meet job requirements. The Appointing Authority may require more stringent reporting requirements, depending on the essential functions of the Employee’s position. E. Individual Responsibility: Employees who become aware of or observe an Employee on-duty who is under the influence of drugs or alcohol; or become aware of or observe any act by an Employee in violation of law; or which compromises the safety or security of the Employee or others; or which puts property or operations at risk; shall, as soon as practicable, report the incident to a supervisor. If the prohibited act involves the Employee’s direct supervisor, the Employee shall notify the Appointing Authority, Department Human Resources, the County’s Director of Human Resources, Employee Relations, or any combination of the above listed individuals and entities. Page 2 of 5 Policy Title: Policy Number: HR2416 CODE OF CONDUCT Current Adoption 7-27-201704-11- Date: 2018 Failure to report a mandatory reportable act shall itself be considered Misconduct and may result in disciplinary action, up to and including dismissal. F. Supervisory Responsibility: Supervisors shall provide proper direction, coordination and control of subordinates. Supervisors and managers exercise authority on behalf of the County and must ensure that their workplace reflects the highest standards of conduct, ethics, integrity, competence and professionalism. To that end, supervisors must take each and every complaint seriously and report any observed or learned violations of policies. Supervisors and managers must notify the Appointing Authority, the County’s Director of Human Resources, Department Human Resources, or Employee Relations of any complaints received or any observed violations of this Policy. Failure to follow this Policy may lead to discipline, up to and including termination. G. Prohibition on Alcohol and Illegal Substance Use: 1. Employees shall not report for duty or be on-duty while consuming or under the influence of any alcoholic beverage to any degree. 2. While off-duty, Employees shall not consume alcohol in a public place or establishment while displaying or wearing any recognizable item of County apparel which identifies them as a County Employee in an official capacity. 3. Employees shall not report for duty or be on-duty while under the influence of substances which impair, to any degree, their ability to perform their duties, including prescription medication and medical marijuana. 4. A supervisor who reasonably believes that an Employee who is on duty or reporting for duty is under the impairment of alcohol, medication or illegal substances, including marijuana, to any degree must notify the Appointing Authority, the County’s Director of Human Resources, Department Human Resources, or Employee Relations, or any combination of the above listed individuals or entities. H. Limitations on Prescription and Over-the-Counter Drug Use: Employees who take prescription or over-the-counter medications are responsible for being aware of any effects the medications may have on the performance of their duties. Employees shall advise their Department Human Resources or supervisor, prior to reporting for duty, when taking medication that impairs their ability to perform the essential job functions of their position. I. Prohibition on Gratuities, Rewards, Loans, or Gifts: In accordance with County Policy A1515: External Relationships and Acceptance of Gifts, Employees shall not use their position for personal gain, on or off duty, or solicit, seek, or accept any personal loan, gratuity, admission to events, meal, or other favor from the general public, private business firms which have business with the County, or any public entity which is, or may appear to be, intended to influence official conduct. J. Performance of Duty: Employees shall devote their working time and attention to the service of the County and shall complete all assignments in a timely manner, as set forth by their supervisor. While on-duty, Employees shall not engage in any activities or personal business which would cause them to neglect their duties. K. Punctuality: Employees shall be punctual in reporting to their designated duty post and shall be physically ready to assume their duties at the time specified by their supervisor. Page 3 of 5 Policy Title: Policy Number: HR2416 CODE OF CONDUCT Current Adoption 7-27-201704-11- Date: 2018 L. Political Activity: While on-duty or representing the County, Employees are expected to behave in an unbiased manner and without favoritism for or against any political party or group or any member in order to promote public confidence in government, government integrity, and the efficient delivery of governmental services and to ensure that Employees are free from any expressed or implied requirement or any political or other pressure of any kind to engage or not engage in political activity. M. Public Appearances and Statements: Employees shall not engage in actions or conduct, including any form of social media, that could bring disrepute or embarrassment to the County, its departments, agencies, or districts, unless it involves a matter of public concern. N. Office Communications: Employees’ on-duty written, oral, visual and digital communications shall be professional, courteous, and free from derogatory or disparaging comments. O. Endorsements and Referrals: Employees may not recommend, suggest, or advocate for the procurement of any particular product, professional or commercial service outside of the official procurement process. In addition, Employees must disclose any Conflicts of Interest they have prior to involvement in procurement or purchasing. P. Employee Relationships with Other Employees: Employees shall treat other Employees, subordinates, and supervisory staff respectfully and courteously. No Employee shall be in a reporting line of supervision to a member of his or her family as defined in IV(E), above. If a potential conflict of this provision exists, it must be declared to the Appointing Authority by the supervisory Employee. Appropriate action must be taken to remove the supervisory Employee from any decision-making authority having impact upon the employment of the Family Member(s). Q. Workplace Relationships: Romantic relationships and/or sexual interactions between a supervisor and their supervised Employee are expressly prohibited. An Employee promoted to a supervisory position must promptly notify their Appointing Authority of any existing romantic relationships or sexual interactions which would result in a violation of this subsection. R. Insubordination: Employees shall obey all reasonable and lawful orders from their supervisor or equivalent individual responsible for assigning or directing work. S. Rumors or Gossip: While on-duty or representing the County, Employees shall not spread rumors, gossip, or false information which discredits another Employee or harms his or her reputation. T. Protected Information: Employees are prohibited from disclosing any privileged, confidential, or proprietary information belonging to or in the possession of the County. Disclosure includes, but is not limited to, posting privileged, confidential, or proprietary information on social media outlets, sending prohibited information via email, and oral disclosure of prohibited information to anyone not entitled to receive information. U. Prohibited Workplace Activities: Employees on County Property or while using County resources are prohibited from engaging in the following activities: the sale of food to non- Employees, organizing gambling pools, or conducting raffles. Employees may sell food to other County Employees while on County Property with the approval of their Appointing Authority. Page 4 of 5 Policy Title: Policy Number: HR2416 CODE OF CONDUCT Current Adoption 7-27-201704-11- Date: 2018 V. Prohibited Solicitations: In accordance with County Policy A1512: Prohibition Against Unauthorized Solicitations, and Unauthorized Posting or Distribution of Literature, Employees shall not post, solicit, distribute or circulate literature, sell merchandise, or promote support for any cause or organization, during his or her work time, or during the work time of the Employee(s) to whom such activity is directed. Except when doing so for the County, Employees will not post, solicit, distribute, or circulate any literature in work areas, hallways, lobbies, secured Employee parking lots, the County’s internal mail system, the County’s intranet, the County internet web page, or County phone system at any time. Revision History Version Revision Date Description of Revision 1 7-27-2017 Initial version (Approved by the County Manager for appointed departments and Special Districts). 2 MM-DD-YYYY Revised Application Section to include employees of Elected Officials unless the Elected Official has implemented a code of conduct specific to their office (C-##-##-###-#-##). Page 5 of 5