CODE OF CONDUCT (HR2416) 2024-02-28 REDLINED.PDF
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MARICOPA COUNTY INTERNAL POLICY Policy Title: CODE OF CONDUCT Policy Number: HR2416 Current Adoption Date: 211-2818-202430 Current Implementation Date: 211-2818-202430 Approved by: BOARD OF SUPERVISORS Board Agenda Number: C-31-18-037-6-012 Original Adoption Date: 07-27-2017 Formatted: Font: Roboto Formatted: Font: Roboto Formatted Table Formatted: Font: Roboto Formatted: Font: Roboto Formatted: Right Formatted: Right Formatted: Right Formatted: Font: Roboto Formatted: Right Formatted: Right Formatted: Font: Roboto I. PURPOSE To outline 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. 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, as well as the Flood Control District of Maricopa County, and the Maricopa County Library District, and the Maricopa County Stadium 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 employees when it does not have a similar policyThis Policy also applies to employees of County elected offices unless the elected official has implemented a similar policy specific to his or her office. IV. DEFINITIONS A. Appointing Authority: An elected official, tThe single administrative or executive head of a dDepartment/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 that may give rise to a ren 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. Employee: A person paid a wage, salary, or stipend from public money in accordance with official entries on County payroll. Includes all classified, unclassified, contract, and temporary employees, including those paid through Maricopa County accounts payable processes. 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. Policy Title: CODE OF CONDUCT Policy Number: HR2416 Current Adoption Date: 211-2818-202430 Page 2 of 6 Formatted: Font: Roboto Formatted Table Formatted: Font: Roboto Formatted: Font: Roboto Formatted: Right Formatted: Right Formatted: Font: Roboto 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 mannerprofessionally, 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 which would compromisethat compromises their ability to perform their official duties objectively and impartially. 3. Employees are required tomust 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 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 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 ofconform 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 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 identifies them as a County Employee in an official capacity. Policy Title: CODE OF CONDUCT Policy Number: HR2416 Current Adoption Date: 211-2818-202430 Page 3 of 6 Formatted: Font: Roboto Formatted Table Formatted: Font: Roboto Formatted: Font: Roboto Formatted: Right Formatted: Right Formatted: Font: Roboto 3. Employees shall not report for duty or be on-duty while under the influence of substances which 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 Employee Relations, or any combination of the above-listed individuals or entities. 4.5. 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, department human resources, the County’s Director of Human Resources, Employee Relations, 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 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, or 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. 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 tobefore 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 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. See Acceptance of Gifts from External Entities Policy (A1515). 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. Formatted: Font: Roboto Formatted: Font: Roboto Policy Title: CODE OF CONDUCT Policy Number: HR2416 Current Adoption Date: 211-2818-202430 Page 4 of 6 Formatted: Font: Roboto Formatted Table Formatted: Font: Roboto Formatted: Font: Roboto Formatted: Right Formatted: Right Formatted: Font: Roboto 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. 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 any considerationthe purpose of influencing the outcomes of elections. c. Be members of a political party’s national, state, or local committee. d. Be officers or chairpersons of a partisan political club’s committee. 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. Take 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 opinionsExpress 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. i. Campaign for or against ballot issues, referendum questions, constitutional amendments, municipal ordinances, etc. j. Serve as a member of a common, high school district, or community college governing board. k. Serve as Precinct Committeemen (excludes serving as a Precinct Committee Chairman) unless they hold a position and perform an activity funded in whole by federal loans or grants. Formatted: Font: Roboto Formatted: Font: Roboto, Italic Formatted: Font: Roboto Policy Title: CODE OF CONDUCT Policy Number: HR2416 Current Adoption Date: 211-2818-202430 Page 5 of 6 Formatted: Font: Roboto Formatted Table Formatted: Font: Roboto Formatted: Font: Roboto Formatted: Right Formatted: Right Formatted: Font: Roboto 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. 6. Employees shall not be discriminated against for engaging in or not engaging in any activity permitted by this Policy. 7. Employees shall not be solicited, directed, threatened, intimidated, or coerced to engage in or not engage in activities permitted by this section. 1.8. Nothing in this section shall be construed as denying any Employee any civil or political liberties guaranteed by the United States and Arizona constitutions. 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 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. 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, 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 uponimpacting the employment of the Family Member(s). P.Q. Workplace Relationships: Romantic relationships and/or sexual interactions between a supervisors and their supervised Employees 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 ofthat would violate this subsection. 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 discredits or harms the reputation of another Employee. T.U. 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 Formatted: Font: Roboto Policy Title: CODE OF CONDUCT Policy Number: HR2416 Current Adoption Date: 211-2818-202430 Page 6 of 6 Formatted: Font: Roboto Formatted Table Formatted: Font: Roboto Formatted: Font: Roboto Formatted: Right Formatted: Right Formatted: Font: Roboto 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 are prohibited from engaging in the following activities: the sale ofselling 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. W. Prohibited Solicitations: In accordance with County Policy , Employees shall not post, solicit, 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, 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. See Solicitation and Distribution of Literature Policy (A1512). V.X. Animals in the Workplace: Pets are not allowed in the workplace. Only sService animals approved by ancovered under the Americans with Disabilities Act accommodation are allowed. 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 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 2-/28-/20243 Expanded Political Activity section and clarified animals in the workplace (C-31-18-037-6-02) Field Code Changed