CODE OF CONDUCT (HR2416) 2024-06-26 REDLINED.PDF
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MARICOPA COUNTY INTERNAL POLICY Policy Title: CODE OF CONDUCT Policy Number: HR2416 Current Adoption Date: 062-2826-2024 Current Implementation Date: 062-2826-2024 Approved by: BOARD OF SUPERVISORS Board Agenda Number: C-31-18-037-6-023 Original Adoption Date: 07-27-2017 I. PURPOSE To outline the professional and personal standards of conduct required for all County Employees. Maricopa County is committed to the highest standards of conduct, ethics, integrity, competence, and professionalism. II. AUTHORITY This Policy is authorized by the Board of Supervisors pursuant to A.R.S. § 11-251. III. APPLICATION This Policy applies to all Employees and Volunteers of Maricopa County appointed departments, the Flood Control District of Maricopa County, and the Maricopa County Library District (Special Districts). The Board of Supervisors is authorized to jointly adopt policies applying to the Special Districts under the Intergovernmental Agreement, C-06-18-393-6-00, approved on April 11, 2018. An elected office may follow this Policy for its eEmployees when it does not have a similar policy. IV. DEFINITIONS A. Appointing Authority: An elected official, the single administrative or executive head of a department, 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 that may give rise to an actual 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. Donation: The receipt of something of value voluntarily transferred by a person or entity to a County department or Special District without compensation as outlined in Receiving Donations Policy (A2508). D.E. Employee: A person paid a wage, salary, or stipend from public money in accordanceper with official County payroll entries on County payroll. This iIncludes all classified, unclassified, contract, and temporary employees, and including those paid through Maricopa County accounts payable processes. F. External Entity: Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, union, committee, organization, group of individuals, or any other private legal entity (including any of its Employees) that is directly affected by a service an Employee provides or would benefit by selling commodities or services or influencing the County’s behavior or decisions. Including individuals or entities that 1) are regulated by the County, 2) do business or seek to do business with the County, 3) attempt to lobby or influence any action by the County, 4) are involved in adverse litigation to the County, Policy Title: CODE OF CONDUCT Policy Number: HR2416 Current Adoption Date: 062-2826-2024 Page 2 of 11 5) have received or applied for funds from the County, or 6) have applied for employment with the County. This does not include organizations to which the County subscribes or is a member. E.G. Family Member: An Employee’s spouse/domestic partner, parent, sibling, child, aunt, uncle, grandparent, grandchild, niece, nephew, first cousin, half-sibling, in-law, step step-relation, or anyone with whom the Employee has a custodial relationship. H. Gift: Anything of value from an external entity. I. Misconduct: Any violation of County policy or procedure; federal, state, or local law; the Constitution; or administrative rulings. F.J. Solicit: To request time or resources for the benefit of an individual or group. Soliciting may involve Employees, non-employees, or groups engaging in direct sales, recruitment, placing literature, and other activities to benefit an individual or group. These benefits may include tangible (e.g., buying, selling, or exchanging goods or services) and intangible benefits (e.g., joining organizations, agreeing with opinions or beliefs, or changing behavior). G.K. 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 professionally, ethically, and lawfully. 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 that compromises their ability to perform their official duties objectively and impartially. 3. Employees must participate in administrative investigations as needed and may not withhold relevant information or willfully mislead any investigation. B. Nondiscriminatory Behavior: Employees shall not engage in harassing or discriminatory behavior, as defined by state or federal law or County policy, in the workplace, while conducting County business, 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, gender identity, including transgender status, pregnancy, veteran status, genetic information, or any other characteristic defined by law or County policy. See Prohibition Against Discrimination, Harassment, and Retaliation Policy (HR2406). C. Avoidance of Conflicts of Interest: Employees shall not involve themselves in any matter that may involve or have the appearance ofappear to be a Conflict of Interest. Should a Conflict of Interest arise, Employees shall notify their supervisor immediately. 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, or any combination of the above-listed individuals and entities. Employees who are uncertain if a Conflict of Interest exists should make the declaration. D. Conformance to Established Laws and County Directives: Employees shall obey all local ordinances and state and federal laws and conform to all written policies. Employees shall report to their Appointing Authority as soon as practicable, but no later than the first day they return to work, any arrest, charge, citation, or conviction of any crime in any jurisdiction that could affect the Employee’s ability to perform Policy Title: CODE OF CONDUCT Policy Number: HR2416 Current Adoption Date: 062-2826-2024 Page 3 of 11 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. 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 that 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 that impair, to any degree, their ability to perform their duties, including prescription medication, alcohol, and marijuana. 4. A supervisor who reasonably believes that an Employee who is on duty or reporting for duty is under the impairment of alcohol, marijuana, medication, or illegal substances, to any degree, must notify the Appointing Authority, the County’s Director of Human Resources, department human resources, or any combination of the above-listed individuals or entities. 5. See Alcohol and Drug-free Workplace and Testing Policy (HR2436). F. 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, the department human resources, the County’s Director of Human Resources, or any combination of the above-listed individuals and entities. Failure to report a mandatory reportable act shall itself be considered Misconduct and may result in disciplinary action, up to and including dismissal. G. 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 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, or the department human resources 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. H. Limitations on Prescription and Over-the-Counter Drug Use: Employees onwho take prescription or over-the-counter medications are responsiblemust for being aware of any effects the medications may have on the performance ofperforming their duties. Employees shall advise their department human resources or supervisor before 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: Employees shall not use their position for personal gain, on or off duty, or sSolicit 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 Policy Title: CODE OF CONDUCT Policy Number: HR2416 Current Adoption Date: 062-2826-2024 Page 4 of 11 entity which is, or may appear to be, intended to influence official conduct. See Acceptance of Gifts from External Entities Policy (A1515). 1. Employees may accept the following: a. Discounts and similar benefits sponsored through or contracted by the County (e.g., Employee Discount Program). b. Personal or private business loans from financial institutions doing business with the County where the loans are based on customary terms generally available to the public. c. Advertising or promotional material such as pens, pencils, calendars, and other items of nominal value from an External Entity or other organization. d. Unsolicited perishables from an External Entity, individual, or group made available to all Employees within the work unit and placed in the Employee lounge or general office area. e. Awards for meritorious public service or honorary degrees given without remuneration. The Employee shall obtain approval from the Appointing Authority before accepting any awards or honorary degrees awarded by contracted entities when possible. f. Food, shuttle services, or other items underwritten by a conference or training event sponsor generally available to the public or other attendees. g. Subject to Section I.2.e., admission to an event, conference, activity or honorarium, speaking fees, travel expenses, or food which benefits the County subject to the following principle: Employees shall not accept any valuable item or benefit that would cast reasonable doubt or suspicion upon themselves or the County. Justification for the benefit must be in writing and signed by the Appointing Authority. A copy of the justification and approval shall be kept in the Employee’s personnel file. h. Anything given by a friend or family member of the Employee when it is clear that the motivation for giving is because of the friendship or family relationship and not the recipient's official County position. Factors to consider include whether the relationship existed before the recipient became an Employee and whether gifts have been previously exchanged. i. Contributions or benefits permitted by law and the PhRMA Code of Interactions with healthcare professionals. 2. Unless permitted by policy, Employees shall not accept any of the following from External Entities regardless of the value: a. Meals. b. Gifts or gratuities. c. Tickets or complimentary admittance to an event (e.g., admission to conferences, trade shows, concerts, and sporting or promotional events). d. Donation in any form until the requirements of A2508 Receiving Donations are fulfilled. e. Honorariums, speaking fees, travel expenses, food, or other remunerations for attending events that could be perceived as benefiting an External Entity and not the County. Policy Title: CODE OF CONDUCT Policy Number: HR2416 Current Adoption Date: 062-2826-2024 Page 5 of 11 1.3. Employees are required to report conduct that may violate this Policy. Employees unsure of conduct that violates this Policy must consult with their supervisor before taking action. I.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 that would causes athem to neglect theirof duties. J.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. K.L. Political Activity: Maricopa County administers its programs unbiasedly and without favoritism for or against any political party, group, or person and ensures Employees are free from any requirement or other pressure to engage or not engage in political activity. 1. Employees shall not: a. Make political endorsements where they identify themselves as County Employees. b. Use or promise to use any official authority to influence a vote or political action for the purpose of influencingto influence the outcomes of elections. c. Be officersmembers of a political party’s national, state, or local committee (e.g., chairperson, vice chair, treasurer, secretary, etc.). d. Be officers or chairpersons of a partisan political club’s committee (e.g., chairperson, vice chair, treasurer, secretary, etc.). e. Be candidates for nomination or election to a paid or partisan public office by filing nomination papers or making a formal public declaration of candidacy. f. Employees holding positions or performing activities funded by federal loans or grants may not serve as Precinct Committeemen or participate in any other political activity prohibited by federal lawsTake part in the management or affairs of any political party or in the management of any partisan campaign or recall effort. 2. Employees may, when not on duty, in uniform, or at public expense unless otherwise provided by law: a. Express partisan and political opinions. b. Attend meetings to learn about candidates for public office and political issues. c. Cast a vote. d. Sign nomination or recall petitions. e. Make or solicit contributions to candidates, political parties, or campaign committees contributing to candidates or advocating the election or defeat of candidates. f. Circulate candidate nomination or recall petitions. g. Engage in activities to advocate the election or defeat of any candidates. h. Campaign for themselves and hold unpaid, nonpartisan public office. Policy Title: CODE OF CONDUCT Policy Number: HR2416 Current Adoption Date: 062-2826-2024 Page 6 of 11 i. Campaign for or against ballot issues, referendum questions, constitutional amendments, municipal ordinances, etc. j. Serve as a common, high school district, or community college governing board member. k. Serve as Precinct Committeemen complying with the restrictions listed in Section 1 (excludes serving as a Precinct Committee Chairman) unless they hold a position and perform an activity funded in whole by federal loans or grants. 3. Maricopa County Elections Department Employees and Employees with exclusive possession and control over ballots cannot engage in the activities permitted under Sections L.2.f. through L.2.i. in any election tabulated by the County. 4. Employees serving as legal counsel to the Elections Department on a particular matter cannot engage in the activities permitted under Section L.2.f through L.2.i. in an election for that particular matter. 5. Elected Officials’ chief deputy and chiefs of staff may serve as Precinct Committee Chairmen. 5.6. L.1.c. through L.1.e. does not apply to Volunteers. 6.7. Employees shall not be discriminated against for engaging in or not engaging in any activity permitted by this Policy. 7.8. Employees shall not be solicited, directed, threatened, intimidated, or coerced to engage in or not engage in activities permitted by this section. 9. Nothing in this section shall be construed as denying any Employee any civil or political liberties guaranteed by the United States and Arizona constitutions. 8.10. This Political Activity Section does not apply to temporary election and poll workers. L.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. M.N. Office Communications: Employees’ on-duty written, oral, visual, and digital communications shall be professional, courteous, and free from derogatory or disparaging comments. N.O. Endorsements and Referrals: Employees may not endorse, recommend, suggest, or advocate for or against the procurement ofprocuring 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. O.P. Employment of Family Members: No Employee shall be in a reporting line of supervision to a Family Member. If a potential conflict of this provision exists, the impacted Employeesit must be declared the conflict to the Appointing Authority by the supervisory Employee. Appropriate action must be taken to remove the supervisory Employee from any decision-making authority impacting the employment of the Family Member(s). P.Q. Workplace Relationships: Romantic relationships and sexual interactions between supervisors and their supervised Employees are expressly prohibited. An Employees promoted to a supervisorsy position must promptly notify their Appointing Authority of any existing romantic relationships or sexual interactions that would violate this subsection. Policy Title: CODE OF CONDUCT Policy Number: HR2416 Current Adoption Date: 062-2826-2024 Page 7 of 11 Q.R. Insubordination: Employees shall obey all reasonable and lawful orders from their supervisor or equivalent individual responsible for assigning or directing work. R.S. Workplace Bullying: Employees shall treat other Employees, subordinates, supervisory staff, volunteers, vendors, and the public respectfully and courteously. Workplace bullying, abusive conduct that threatens, humiliates, or intimidates, is prohibited. S.T. Rumors or Gossip: While on- duty or representing the County, Employees shall not spread rumors, gossip, or false information which that discredits or harms the reputation of another Employee. T.U. Protected Information: Employees cannotare prohibited from discloseing any privileged, confidential, or proprietary information belonging to or in 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.V. Prohibited Workplace Activities: Employees on County Property or while using County resources cannotare prohibited from engaging in the following activities: selling food to non-Employees, organizeing gambling pools, or conducting raffles. Employees may sell food to other County Employees while on County Property with the approval of their Appointing Authority. W. Prohibited Solicitations: Employees shall not post, sSolicit, distribute, or circulate literature, sell merchandise, or promote support for any cause or organization, during their 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, Ssolicit, 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. See Solicitation and Distribution of Literature Policy (A1512). 1. Allowable Solicitations: Dissemination of literature and oral information regarding the following organizations, programs, or activities is permissible subject to Appointing Authorities’ oversight: a. Required literature (programs and postings required by local, state, or federal law). b. Programs developed and approved by the Maricopa County Board of Supervisors or its designee, Special Districts, or a Maricopa County elected official or designee (e.g., the Combined Charitable Campaign, Summer Reading Program, Volunteer 13K, County blood drives, benefit and wellness programs, the 457(b) Savings Plan, etc.). c. Employee Discounts offered by organizations with a contract or written agreement with the County or State of Arizona to provide goods, services, or discounts. d. Training Programs approved by the Appointing Authority. e. Employees not on work time may Solicit and distribute literature in public places such as sidewalks, open or public parking lots, or other facilities traditionally available for public use. f. Constitutionally protected speech within a reasonable time, place, and manner parameters. g. Employees may place literature in County break rooms subject to the following restrictions: i. Appointing Authorities must approve it before placing in break rooms. Policy Title: CODE OF CONDUCT Policy Number: HR2416 Current Adoption Date: 062-2826-2024 Page 8 of 11 ii. Employees must place their name, the start date, and the length of time it will be in the break room on the literature. iii. Employees may display literature for a maximum of two (2) weeks unless their Appointing Authority grants an extension. Employees must remove literature on or before the deadline. Failure to remove literature may result in the Employee losing privileges. iv. The literature cannot obstruct official County literature or anything already posted. v. By permitting employees to place literature in break rooms, the County has not confirmed the accuracy of the information and does not endorse or accept responsibility or liability for the views, opinions, or information stated in the literature. Employees assume complete and sole responsibility for any action taken based on information read or found in the literature. 2. Prohibited Solicitations – Employees: Unless stated above, Employees cannot Solicit: a. During their work time or the work time of the Employees to whom such activity is directed. b. In work areas, hallways, lobbies, secured County parking lots, or via any County owned or controlled technology resources. 3. Prohibited Solicitations – Non-Employees: Prohibited from Soliciting in areas: a. Not open to the public (e.g., break rooms, restrooms, secured County parking lots, work areas, the County’s internal mailing system, County-owned or controlled technology resources, etc.). b. Open to public for a limited or designated purpose (e.g., lobbies, hallways, etc.). If non-employees are engaged in prohibited unauthorized Solicitations, management must advise them to either terminate the activity or leave the County premises. If the non-employee continues the prohibited conduct, security should be notified. X. Secondary Employment: 1. Employees must not engage in outside employment that: a. Violates any law, statute, or regulation. b. Poses, could pose, or appears to be a potential Conflict of Interest. c. Compromises the integrity or credibility of the County. d. Impairs the performance of County duties including, but not limited to: i. Using County work time, facilities, personnel, equipment, technology, supplies, badges, or uniforms. ii. When their regular duties involve directly or indirectly inspecting, reviewing, or auditing the outside employer's work. iii. Using their position or confidential information acquired during their official County duties. iv. Placing Employees in an adversarial relationship with their departments or the County. Policy Title: CODE OF CONDUCT Policy Number: HR2416 Current Adoption Date: 062-2826-2024 Page 9 of 11 v. Rendering Employees’ performance of County duties less efficiently or preventing them from working overtime, stand-by, on-call, or call-back work. 2. Employees must: a. Obtain written or electronic Appointing Authority approval to continue outside employment that does not conflict with this Policy. b. Notify their department of changes in outside employment status, duties, or work hours. c. Cease or modify the outside employment if instructed by their Appointing Authority because it conflicts with this Policy. 3. Appointing Authorities will: a. Review requests for compliance with this Policy and notify Employees of the final decision in writing or electronically, typically within five (5) business days after receipt of the request. b. Give Employees a reasonable amount of time to cease or modify their outside employment if it is determined to conflict with this Policy. c. Maintain records of outside employment approvals in personnel files. Y. Professional Appearance in the Workplace: 1. General Guidelines: a. During scheduled work time, employees shall maintain a professional appearance. b. Clothing must be suitable to the employee’s occupation, work duties, and safety standards. c. Employees should observe general standards for professional appearance, including, but not limited to: i. Clothing of appropriate size, style, and function for the individual; ii. Clothing that is clean and free of defects; iii. Groomed hair and facial hair; iv. Proper personal hygiene that does not distract the public or coworkers in their work environment; v. Minimally visible body art, modifications, and piercings. d. Official identification badge and uniform (if applicable) must be worn and visible at all times during the performance of County business and while in County facilities. e. When wearing uniforms or items with the County or department logo, seal, or name outside of work, employees shall not engage in actions or conduct that could bring disrepute or embarrassment to the County. f. Employees must use discretion when considering clothing and professional appearance that falls outside the General Guidelines and seek guidance or clarification from their immediate supervisor. Policy Title: CODE OF CONDUCT Policy Number: HR2416 Current Adoption Date: 062-2826-2024 Page 10 of 11 g. If an employee reports to work and does not comply with the General Guidelines, the employee may be required to go home, make needed corrections, and return to work. If an employee’s poor hygiene or use of too much perfume/cologne or other chemically scented products is an issue for others, the supervisor should contact Human Resources and then discuss the concern with the employee in private, identifying the specific areas to be corrected. 2. Department Standards: a. Appointing Authorities may establish more specific standards for appropriateness of appearance based on the job functions within their organization. Standards must be communicated in writing as a department policy or guidelines to employees. b. Appointing Authorities shall establish a regular, formal review process of department policy or guidelines with employees to ensure their awareness of County and department standards. c. Appointing Authorities may establish additional standards, such as: i. Employees may dress in a more casual style on Fridays. Such casual days still require that employees dress in a manner that is professional and appropriate for their jobs, including when meeting with other County departments and outside agencies where a more casual style may not be appropriate. ii. Employees may wear cooler, less restrictive Clothing from June 1 through October 15, which is professional and appropriate for employee work duties but also styled for more extreme outdoor temperatures. iii. Employees may need to alter their normal attire when attending County-sponsored special events based on the nature of that event. Event sponsors shall communicate in advance with Appointing Authorities and employees all expectations for the attire deemed appropriate for the event. iv. Appointing Authorities may designate other days as special occasions, such as but not limited to holidays, sporting events, public awareness campaigns, and other team-building activities, where a specific theme is encouraged but not required. Those employees who choose not to participate in relaxed attire must maintain the attire that would otherwise be appropriate on that given day. 3. Reasonable Accommodation: Employees may request a reasonable accommodation for consideration from Human Resources based upon disability or religious beliefs. V.Z. Animals in the Workplace: Pets are not allowed in the workplace. Service animals approved by an Americans with Disabilities Act accommodation are allowed. Policy Title: CODE OF CONDUCT Policy Number: HR2416 Current Adoption Date: 062-2826-2024 Page 11 of 11 Revision History Version Revision Date Description of Revision 1 07-27-2017 Initial version (Approved by the County Manager) 2 04-11-2018 Revised Application Section to include employees of Elected Officials unless the Elected Official has implemented a code of conduct specific to their office (C-31-18-037-6-00) 3 11-18-2020 Edited the Nondiscriminatory Behavior section, added a timeline for employees to notify their supervisors when they are arrested, charged, or convicted of any crime, expanded the political activity section, and added a workplace bullying section (C-31-18-037-6-01) 4 02-28-2024 Expanded Political Activity section and clarified animals in the workplace (C-31-18-037-6-02) 5 06-26-2024 Clarified the Political Activity section and expanded to include language from the following policies: Acceptance of Gifts From External Entities Policy (A1515), Secondary Employment (HR2422), Solicitation and Distribution of Literature (A1512), and Professional Appearance (A1507) (C-31-18-037-6-03)