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Gift
Something voluntarily transferred by one person to another with or without reciprocation of service
Gift
something of value given without the expectation of return
Favor
A gracious effort in one's behalf which may implyreciprocation
Gratuity
Something given voluntarily or beyond obligation in exchange for some service
Interpretation
What sets a gratuity apart from a gift is the fact that a gratuity requires some service rendered (inspection/reinspection/complaint investigation) in exchange for the offering (money, food, drink, discount, products)
Bribe
occur when one entity illegally offers money or something else of value to sway or influence a decision or process
If offered a bribe, gift or discount, what do you do?
Kindly refuse and report the instance with an incidence report
Conflicts of Interest
Activities which may be in conflict with and adversely affect job duties and responsibilities
What is a conflict of interest?
Engaging in actions that impair independent judgement.
How does a conflict of interest affect official duties?
It impairs independent judgement in the completion of those duties.
Conflict of Interest
Accepting money, favors, in the performance of regular duties
Conflict of Interest
Referring county employees for private services with which they are associated
Conflict of Interest
Accepting gifts or gratuities from operators, vendors or clints over which your authority extends
Conflict of Interest
Disclosing confidential information made available to you in course of your employment
Employee Discipline
based on individual circumstances and is meant to prevent repeated unacceptable behavior
Types of Disciplinary problems
Misconduct, Attendance and Dishonesty
Misconduct
intoxication, insubordination, fighting, failure to use safety devices, possession of narcotic and drugs, off the job behavior that reflects negatively on the County
Attendance Problems (Discipline)
Absenteeism and Tardiness
Dishonesty
Employee theft, misuse of County funds or property, falsifying County records or employment records, and bribery
Performance Problems
Malfesance, Misfesance and Nonfeasence
Malfeasence
An act that is wrongful and is known by the professional to be wholly unauthorized
Misfeasance
An act done in an unauthorized manner
Nonfeasance
Failure to perform an offical duty without sufficient excuse
Informal Actions (Discipline)
A verbal attempt to handle problems before they seriously hinder an employee's effectiveness, does not become a part of the employee's record.
Discussion (Informal)
Exchange of ideas between a supervisor and a subordinate designed to provide direction, clarification, or explanation of duties, standards, policies, rules and guidelines with respect to performance and/or behavior
Coaching (informal)
Structured or unstructured training designed to assist an employee to develop skills to increase knowledge
Counseling (Informal)
Discussion between the supervisor and employee to gain insight into and correct employee performance or behavioral problems
Formal Actions (Discipline)
taken when employee either did not respond to the informal efforts or the nature of the problem requires a more severe response from management; part of personnel record
Oral warning (Formal)
Verbal notice to an employee notifying the employee of need establishes plan for improvement.
Written warning (Formal)
Formal notice from supervision informing employee that improvement is needed
Reprimand (Formal)
Department's official notice of poor performance or disobedience delivered by appointed personnel authority after investigation
Suspension (Formal)
Without pay for up to 30 calendar days. Employee notified in writing
Reduction (Formal)
Reassignment to a position of lower rank or grade
Termination (Formal)
Removal from County service
Bill of Rights
The first ten amendments to the Constitution: citizens' and states' rights in relation to the Federal Government
1st Amendment
Freedom of Religion, Speech, Press, Assembly, and Petition the Government
2nd Amendment
Right to keep and bear arms
3rd Amendment
No quartering of soldiers/troops
4th Amendment
Freedom/Protection against Unreasonable Search and Seizure
Search Warrant
a legal document that allows police, state agents, and governmental representatives to enter and search premises
plain view exception
the rule that any evidence police can see or hear in plain view when they are where they have a legal right to be is admissible in court, even without a legal warrant or probable cause
exigent cirucmstances
requires circumstance to be an emergency or because a suspect may try to escape or destroy evidence officers will make a search or seize property not in plain view
5th amendment
provides several protections for people accused of crimes, such as the right to a grand jury for serious criminal charges, protection against double jeopardy, and due process of law
double jeopardy
Being tried twice for the same crime
Substantive (Due process)
concerned with infringement/violation of personal basic rights
Procedural (Due process)
concerned with timely and fair execution of justice
Due Process Application
1. Routine Inspection
2. Reinspection(s)
3. Compliance Review
4. Reinspection
5. Suspension/Revocation/Referrals
6. City Attorney/District Attorney Hearings
7. Reinspection
8. Court Case
6th Amendment
provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges
7th Amendment
Right to jury in federal civil trials.
8th Amendment
bars excessive bail and fines and cruel and unusual punishment
9th Amendment
listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out
Tenth Amendment
the federal government only has those powers delegated in the Constitution