Procedure Section 2 (Rules of Conduct)

Question 1

Rule of Conduct (2.1)

Answer 1

All employees shall conform to Federal, State, and Local laws, as well as to the policies of this Department. It shall be the responsibility of all employees to familiarize themselves and comply with all such policies, orders, directives, rules and regulations of this Department.

Question 2

Violation of Rules (2.3)

Answer 2

Employees shall not commit or omit any acts which constitute a violation of any of the rules, regulations, directives, orders or policies of this Department, whether stated in these Rules of Conduct or elsewhere. Employees shall be responsible for their own acts, and they shall not shift to others the burden, or responsibility, for executing or failing to execute a lawful order or duty.

Question 3

Unbecoming Conduct (2.4)

Answer 3

Employees shall not commit or omit any acts which constitute a violation of any of the rules, regulations, directives, orders or policies of this Department, whether stated in these Rules of Conduct or elsewhere. Employees shall be responsible for their own acts, and they shall not shift to others the burden, or responsibility, for executing or failing to execute a lawful order or duty.

Question 4

2.5 Immoral Conduct

Answer 4

Employee shall maintain a level of moral conduct in their personal and business affairs which is in keeping with the highest standard of the law enforcement profession. Employees shall not participate in any incident involving moral turpitude which tends to impair their ability to perform their duties or causes this Department to be brought into disrepute.

Question 5

2.6 Conformance to Laws

Answer 5

Employees shall obey all laws of the United States, of this state, and of local jurisdictions.
The acts of employees giving rise to an indictment, information or complaint, filed against an employee, or a conviction for violating any law, including a conviction following a plea of nolo contendere, may be cause for disciplinary action, temporary or permanent reassignment (excluding minor traffic).
Employees shall immediately inform their immediate supervisor of any and all circumstances where non-conformance to laws has been, or may be, alleged by any law enforcement agency. The supervisor receiving such notification shall immediately notify Internal Affairs. (7-30-03) (Reviewed 1-11-2011)

Question 6

2.7 Seeking or Accepting Gifts, Gratuities, Bribes, or Rewards

Answer 6

It is prohibited for employees to directly or indirectly solicit or accept from any person, business, or organization any gift, gratuity, bribe, or reward for the benefit of the employee, if it may reasonably be inferred that the person, business, or organization:
Seeks to influence action of an official nature or seeks to affect the performance or non-performance of an official duty, or
Has an interest which may be substantially affected directly or indirectly by the performance or non-performance of an official duty.
Food and Other Services: When making purchases, whether on or off duty, employees shall pay the posted price(s) for food, services or any other consideration. Discounts will not be accepted nor solicited where the employee’s official position is used to effect same, or the discount can be reasonably shown to be as a result of any official position. A discount may be accepted where it has been negotiated by a recognized employee group sanctioned by the Sheriff.
For the purpose of this rule, the words “gifts”, “gratuity”, “bribe”, and “reward”, shall include money, food, tangible or intangible personal property, loan, promise, service, entertainment, or any other consideration. (Reviewed 1-11-2011)

Question 7

2.8 Visiting Prohibited Establishments

Answer 7

Employees shall not knowingly enter or frequent any establishment (house of prostitution, gambling house, etc.) wherein the laws of the United States, the state, or the local jurisdiction are regularly violated except in the performance of duty or while acting under proper and specific orders from a supervisor. (Reviewed 1-11-2011)

Question 8

2.9 Associations

Answer 8

Employees shall not associate on either a personal or business basis or have dealings with persons whom they know, or should know, or have reason to believe are, or have been racketeers, sexual offenders, drug dealers, illegal drug users, illegal gamblers, persons whom the employee suspects, or should suspect, are involved in felonious activities, convicted felons, persons held in county custody, felons serving or who have served time in custody, or persons under criminal investigation or indictment, except as necessary to the performance of official duties, or where unavoidable because of other personal relationships. (09-21-04)
(Reviewed 1-11-2011)

Question 9

2.11 Use of Drugs

Answer 9

Employees shall not use any controlled substances, narcotics, or hallucinogens except when prescribed in the treatment of employees by one legally authorized to prescribe such medication. When controlled substances, narcotics, or hallucinogens are prescribed, and the employee is taking these substances while on duty or in such close proximity to going on duty that it would create an effect, employees shall notify their supervisor. (NOTE: Controlled substance is defined under Section 11007 and Sections 11054 through 11058 of the Health and Safety Code.)
(10-24-05) (Reviewed 1-11-2011)

Question 10

2. 12 Alcoholic Beverages in Sheriff’s Office Facilities
3. 13 Use of Alcohol/on Duty
4. 14 Use of Alcohol/off Duty

Answer 10

Employees shall not bring into or store alcoholic beverages in any Sheriff’s facility or County vehicle except those being held as evidence or for an approved instructional program. (Reviewed 12-18-2010)

Employees shall not drink intoxicating beverages while on duty except in the performance of official duties. Employees shall not appear for duty, or be on duty, while under the influence of intoxicants or any degree whatsoever, or have an odor of intoxicants on their breath.
(Reviewed 12-18-2010)

Employees, while off duty, shall refrain from consuming intoxicating beverages to the extent that it results in unlawful impairment (such as driving under the influence or being unable to care for their own safety or the safety of others), public intoxication, or obnoxious or offensive behavior in public which would tend to discredit them or this Department, or render the employee unfit to report for their next regular tour of duty. (Reviewed 12-19-2010)

Question 11

2.15 Insubordination

Answer 11

Insubordination is the willful refusal to obey a reasonable and lawful order given and understood. A reasonable and lawful order given to a subordinate shall be followed regardless of the method of conveyance. The willful failure to obey orders constitutes grounds for discipline
(including termination). (Reviewed 12-19-2010)

Question 12

2.16 Conflicting or Illegal Orders

Answer 12

Employees who are given an otherwise proper order which is in conflict with a previous order, regulation, directive or manual, shall respectfully inform the supervisor issuing the order of the conflict. If the supervisor issuing the order does not alter or retract the conflicting order, the order shall stand. Under these circumstances, the responsibility shall be upon the supervisor. Employees shall obey the conflicting order and shall not be held responsible for disobedience of the order previously issued. However, employees shall not obey any order which they reasonably believe would require them to commit any illegal act. If in doubt as to the legality of the order, employees shall request that the person issuing the order confer with higher authority or clarify the order. (Reviewed 12-27-2010)

Question 13

2.18 Abuse of Position

Answer 13

Use of Official Position or Identification
Employees are prohibited from using their official position, official identification cards or badges; (1) for personal or financial gain, (2) for obtaining privileges not otherwise available to them except in the performance of duty, or (3) for avoiding consequences of illegal acts (such as traffic citations, driving under the influence, etc.). Employees may not lend their identification cards or badges to another person, or permit them to be photographed or reproduced.
Use of Name, Photograph or Title
Employees shall not permit or authorize the use of their names, photographs, or official titles which identify them as members of the Sheriff’s Department, in connection with testimonials or advertisements of any commodity of commercial enterprise.
Use of C.C.W. License by Non-Peace Officer
Employees who in their capacity as private citizens, have applied for and received concealed weapons licenses are not authorized to, nor shall they represent to any person that they are carrying or utilizing such weapon within the course and scope of their employment. Nor shall any employee who has obtained a concealed weapons license misrepresent himself/herself to any person as being a Deputy Sheriff. (Reviewed 1-4-2011)

Question 14

2.20 Identification

Answer 14

Sworn employees shall carry their identification cards on their persons at all times, except when impractical or dangerous to their safety or to an investigation. While on duty, all employees shall furnish their first and last name and ARJIS number to any person requesting that information, except when the withholding of such information is necessary for the performance of police duties. (2-12-13)

Question 15

2.21 Citizen Complaints

Answer 15

Employees shall courteously and promptly accept any complaint made by a citizen against any employee or any Department policy or procedure. The employee receiving the complaint must decide whether to handle it informally; i.e., verbally, or document the complaint in writing. Employees may attempt to resolve the complaint, but shall never attempt to dissuade any citizen from lodging a complaint. If the employee does not believe the complaint has been handled to the complainants’ satisfaction, the employee shall notify their immediate supervisor. The supervisor will determine the next course of action. (Refer to Policy and Procedure Section 3.2 for procedure for handling citizen complaints. (04-21-15)

Question 16

2.22 Courtesy

Answer 16

Employees shall be courteous to the public and fellow employees. They shall be tactful in the performance of their duties, shall control their tempers, exercise patience and discretion even in the face of extreme provocation. Except when necessary to establish control during a violent or dangerous situation, no member shall use coarse, profane or violent language. Employees shall not use insolent language or gestures in the performance of his or her duties. (04-02-14)

Question 17

2.23 Request for Assistance

Answer 17

When any person requests assistance or advice, or makes complaints or reports, either by telephone or in person, all pertinent information will be obtained in an official and courteous manner, and will be properly and judiciously acted upon consistent with established Department procedures. (Reviewed 12-5-2010)

Question 18

2.24 Reporting for Duty

Answer 18

Employees shall report for duty at the time and place required by assignment or orders and shall be physically and mentally fit to perform their duties. They shall be properly equipped and cognizant of information required for the proper performance of duty so that they may immediately assume their duties. Judicial subpoenas and training assignments shall constitute an order to appear under this section. (Reviewed 12-5-2010)

Question 19

2.30 Failure to Meet Standards

Answer 19

Employees shall properly perform their duties and assume the responsibilities of their positions. Employees shall perform their duties in a manner which will tend to establish and maintain the highest standards of efficiency in carrying out the mission, functions, and objectives of this Department. Failure to meet standards may be demonstrated by a lack of knowledge of the application of laws required to be enforced; an unwillingness or inability to perform assigned tasks; the failure to conform to work standards established for the employee’s position; the failure to take appropriate action on the occasion of a crime, disorder, or other condition deserving police attention; absence without leave; unauthorized absence from the assignment during a tour of duty; the failure to submit complete and accurate reports on a timely basis when required or when directed by a supervisor. (Reviewed 1-27-2011)

Question 20

2.33 Employment Outside of Department

Answer 20

Employees may engage in off-duty employment subject to the following limitations: (1) such employment shall not interfere with the employee’s employment with this Department; (2) employees shall submit a written request for off-duty employment to his/her Facility Captain/Division Manager, whose approval must be granted prior to engaging in such employment.
Approval may be denied where it appears that the outside employment might: (1) render the employee unavailable during an emergency; (2) physically or mentally exhaust the employee to the point that their performance may be affected; (3) require that any special consideration be given to scheduling of the employee’s regular duty hours.
Approval shall be denied where it appears that the outside employment might involve: (1) the sale or distribution of alcoholic beverages as the primary business or produce; (2) investigative
San Diego County Sheriff’s Department - Procedure Section
SECTION 2 RULES OF CONDUCT____________________________________
work for insurance agencies; (3) work for private guard services, collection agencies, attorneys or bail bond agencies, or (4) work for an employer who has been convicted of a felony or who openly associates with convicted felons.
Reference Section 3.7 “Outside Employment”, of the Department Policy and Procedure Manual. (4-19-06) (Reviewed 2-18-2011)

Question 21

2.34 Carrying of Firearms

Answer 21

Employees who are authorized to carry firearms shall carry them in accordance with the law and established Department policy and procedure. Sworn Peace Officers (830.1 P.C.) and Court Service Officers (830.36) who are authorized to carry a firearm, may (optional) carry a firearm, when off duty, except:
1. When consuming intoxicating beverages.
2. When under a doctor’s care for a mental or physical illness which requires the officer to ingest any medication that would impair his normal reactions.
3. While suspended from duty or during the loss of police powers.
When authorized for off-duty carry, firearms shall be concealed from public view when the employee is wearing civilian attire. When a firearm is displayed in an on-duty status, the sworn employee shall wear their uniform badge in a position plainly visible from the employee’s front and shall have their Department Identification Card on their person to present upon request.
Employees are responsible for securing firearms left in unattended vehicles to minimize theft/loss.
Aside from using Department-installed locking devices, the preferred method of securing a handgun in an unattended vehicle is locked in the glovebox. If this is not possible, handguns and firearms shall be locked in the trunk. (08-16-12)

Question 22

2.43 Political Activity

Answer 22

Employees are prohibited from:
 Using their official capacity to influence, interfere with or affect the results of an election;
 Directly or indirectly, using, promising, threatening or attempting to use any official influence in aid of any political activity, or to affect the result of any election to political office, or upon any other corrupt condition or consideration;
 Engaging in political activity of any kind while in uniform prescribed for any employee of the County of San Diego or during any hours in which they have been directed to perform their assigned duties, or in any Sheriff’s facility or on any property leased or controlled by the Sheriff’s Department. (Govt. Code ‘‘3206, 3207.) (Reviewed 12-31-2010)

Question 23

2.45 Use of Lie Detectors, Medical Examination, Photographs, Lineups

Answer 23

Lie Detectors
Employees may voluntarily submit to a lie detector test (as defined in Government Code section 3307(b)) when the examinations are specifically directed and narrowly related to a particular investigation being conducted by this Department (see Section 3307 Government Code).
Medical Examinations; Tests; Photographs; Lineups
Upon the order of the Sheriff or the Sheriff’s designee, employees shall submit to any medical, ballistics, chemical or other tests, photographs, or lineups. All procedures carried out under this
San Diego County Sheriff’s Department - Procedure Section
SECTION 2 RULES OF CONDUCT____________________________________
section shall be specifically directed and narrowly related to a particular administrative investigation being conducted by this Department.

Question 24

2.47 Financial Disclosure

Answer 24

Employees shall submit financial disclosures and responsibility statements in a prescribed manner if required by the Sheriff in connection with an investigation in which this information is material to that investigation. (Reviewed 1-27-2011)

Question 25

2.49 Use of Force

Answer 25

Employees shall not use more force in any situation than is reasonably necessary under the circumstances. Employees shall use force in accordance with law and established Departmental procedures, and report all use of force in writing. (Reviewed 1-16-2011)

Question 26

2.53 Discrimination

Answer 26

Employees shall not express any prejudice or harassment concerning race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, pregnancy, marital status, gender, age, political beliefs, sexual orientation, lifestyle or similar personal characteristics.
Examples of discriminatory acts which will not be tolerated include the use of verbal derogatory comments, slurs, or jokes, derogatory pictures, cartoons or posters and actions which result in a person being treated unequally. (Reviewed 1-27-2011)

Question 27

2.54 Sexual Harassment

Answer 27

Employees shall not participate in or allow behaviors or situations that they know or should know, constitute sexual harassment as outlined in state and federal law. Employees shall take swift action to stop the offensive behavior or correct the situation. Employees shall not retaliate in any way against a complaining party or witness involved in sexual harassment allegations. (08-18-97) (Reviewed 1-16-2011)

Question 28

2.55 Non-Biased Based Policing

Answer 28

A. All investigative detentions, traffic stops, arrests, searches, and seizures of property by employees will be based on a standard of reasonable suspicion or probable cause as required by the Fourth Amendment of the U.S. Constitution and relevant statutory authority. Employees must be able to articulate specific facts and circumstances, which support probable cause or reasonable suspicion for an arrest, traffic stop, investigation, detention or search.
B. Except as provided in this procedure, employees shall not consider race, ethnicity, religion, national origin, sexual orientation, gender, or lifestyle in establishing either reasonable suspicion or probable cause.
Appropriate consideration of race, ethnicity, origin, sexual orientation, and gender shall be used for purposes of housing, classification, transportation or any other matters affecting an inmate’s status when necessary for the safety and security of the inmate or the institution. Consideration of the above-mentioned personal characteristics shall not be used for purposes of inmate discipline.
C. Employees may take into account a reported descriptor such as race, ethnicity, religion, national origin, sexual orientation, gender, or lifestyle of a specific suspect or suspects based on credible, reliable and locally relevant information that links a person(s) of a specific descriptor to a particular criminal incident(s). Race, ethnicity, religion, national origin, sexual orientation, gender, or lifestyle can never be the sole factor in establishing reasonable suspicion or probable cause, but can, in the restricted circumstances described above, be one factor of the totality of the circumstances. (10-21-02) (Reviewed 1-27-2011)

Question 29

2.56 Off Duty Intervention

Answer 29

In determining whether or not to intervene, the off duty peace officer should consider the totality of the situation. In a case where action is considered necessary, to prevent death, the possibility
of death or serious bodily injury, significant property damage or loss, the off duty peace officer should consider the offense involved, the difficulty that being off duty tactically and operationally presents, and/or other factors as articulated and observed by the off duty peace officer.
If an off duty peace officer intervenes in the criminal conduct, he/she must, if reasonably possible, identify themselves, their agency and their intent to stop the criminal conduct. Any law enforcement action taken by the peace officer will be governed by the policies and procedures, rules and regulations that apply to on duty personnel.
When outside the limits of their jurisdiction, but within the State of California, off duty peace officers may assist any law enforcement officer who appears to be in need of immediate assistance and may assist in the prevention of the commission of any crime involving the immediate danger to persons or property, or of the escape of the perpetrator of the offense.
Off duty peace officers outside the state of California, do not have police officer powers/status and therefore have only the rights and obligations of private citizens of that state. (07-11-08) (Reviewed 1-27-2011)