Current through Register Vol. 35, No. 18, September 24, 2024
All employees are expected to adhere to the provisions of
this rule and are subject to such disciplinary action for violation of any of
these rules as deemed appropriate by their supervisors or the secretary of the
department.
A. Employees shall obey
all:
(1) laws of the United States, or any
state and local jurisdiction in which the employees are present; and
(2) department and TFID code of conduct,
rules and regulations, policies, procedures, directives and lawful orders
issued by supervisors.
B. Employees shall satisfactorily perform
their duties and assume the responsibilities of their positions. Unsatisfactory
performance may be demonstrated by violating any one of the following
provisions:
(1) a lack of knowledge of the
application of laws required to be enforced;
(2) an unwillingness or inability to perform
assigned tasks; or
(3) the failure
to conform to work standards established to the employees' rank, grade or
position as set forth in the job specifications.
C. Employees shall conduct themselves at all
times, both on and off duty, in such a manner as to reflect most favorably on
the department. Conduct unbecoming an employee shall include that which brings
the department into disrepute or reflects discredit upon the employee as a
member of the department, or that which impairs the operation or efficiency of
the department or employee. Employees are subject to all rules, policies, and
the code of conduct of the department, and, in addition:
(1) employees shall carry out all proper,
lawful orders given them by supervisors in the line of duty without hesitation
or criticism. Employees will take up matters affecting themselves, their
position and departmental business with their immediate supervisor, or through
their chain of command or through other TFID designated and proper channels;
(2) employees shall promptly obey
any lawful orders of any supervisor. This will include orders relayed from a
supervisor by an employee of the same rank or a subordinate employee;
(3) employees who are given an otherwise
lawful and proper order which is in conflict with a previous order, rule,
regulation or directive shall respectfully inform the supervisor issuing the
conflicting order. If the supervisor issuing the order does not alter or
retract the conflicting order, the new order shall stand. Under these
circumstances, the responsibility for the conflict shall be upon the
supervisor. Employees shall obey the conflicting order and shall not be held
responsible for disobedience of the order, rule, regulation or directive
previously issued;
(4) employees
shall not obey any order which they know or should know would require them to
commit any illegal act. If in doubt as to the legality of an order, employees
shall request the issuing supervisor to either clarify the order or to confer
with higher authority;
(5) all
employees shall be courteous to the public, supervisors and all other
employees, as well as any person the employee has contact with during the
performance of his/her duties and responsibilities. Employees shall be tactful
in the performance of their duties, shall control their tempers, and exercise
the utmost patience and discretion, and shall not engage in argumentative
discussions even in the face of extreme provocation. In the performance of
their duties, employees shall not use coarse, violent, profane, or insolent
language or gestures, and shall not express any prejudice concerning race,
religion, politics, national origin, sex, lifestyle, or similar
characteristics. When any person requests assistance or advice, all pertinent
information will be obtained in an official and courteous manner and will be
properly and judiciously acted upon; and
(6) employees shall maintain a level of good
moral character in their personal and business affairs, which is in keeping
with the highest standards of the law enforcement profession. Employees shall
not participate in any incident which impairs their ability to perform their
duties or impedes the operation of the department or causes the department to
be brought into disrepute. An employee's direct supervisor shall determine if
an employee is fit for duty.
D. Employees will properly care for and
maintain all state equipment issued to or used by the employee.
E. An employee will not represent themselves
as speaking on behalf of the department in any court proceeding, civil or
criminal, for purpose of being a character witness.
F. All employees shall follow all applicable
rules and protocols established by the department as regards to confidentiality
of taxpayer and motor vehicle division information.
G. Commissioned tax fraud enforcement
officers shall carry their badges and commissions on their person at all times,
while on duty or while carrying a loaded concealed firearm off duty as provided
by the department's policy and procedures. Commissioned tax fraud enforcement
officers shall furnish their name to any person requesting that information
when they are on duty or while representing themselves in an official capacity,
except when the withholding of such information is necessary for the
performance of law enforcement officer or department duties.
H. Employees shall submit all necessary
reports and official documents on time and in accordance with established
documents and in accordance with established departmental or TFID procedures.
Reports and documents submitted by employees shall be truthful and complete,
and no employees shall knowingly enter or cause to be entered any inaccurate,
false, or improper information. All departmental law enforcement reports,
records and evidence are privileged and confidential and may be released only
upon written authority of the secretary, and by verbal authority if written
authority cannot reasonably be obtained except as required by court
order.
I. All employees are
expected to meet their financial obligations in a timely manner and live within
their financial means. This does not preclude any employee from properly
proceeding in bankruptcy.
J. The
purpose of this subsection is to provide direction and guidance regarding
supplemental employment.
(1) Supplemental
employment includes any tasks performed for which the employee is compensated
in any way.
(2) Employees who wish
to obtain supplemental employment shall secure written permission from their
direct supervisor.
(3) In addition
to department policies regarding supplemental employment, TFID may impose
specific additional conditions on TFID employees.
(4) This subsection applies to all TFID
employees including those on any type of leave or suspension.
K. All employees will be
physically and mentally fit for duty. The secretary or the employee's direct
supervisor may order a physical or psychological examination to assure
compliance with this rule, and may mandate counseling or coursework to assist
an employee to meet appropriate standards.
L. Employees will not accept anything,
including, but not limited to loans, offered to them which is intended to
influence the employee in the performance of their duties and responsibilities
or for tasks performed as part of their duties.
M. The purpose of this subsection is to
provide direction and guidance to all employees regarding political activity.
(1) While off duty and not representing the
department, employees shall be permitted to:
(a) express opinion(s) as individuals on
political issues and candidates:
(b) attend political conventions, rallies,
fund raising functions and similar political gatherings in an unofficial
capacity:
(c) actively engage in
any non-partisan political function, partisan meaning an adherent to a party,
faction, cause or person; actively engaging in activities of private, fraternal
or social organizations which do not conflict with the mission of the
department and associated responsibilities is permissible:
(d) sign political petitions as
individuals:
(e) make financial
contributions to political organizations:
(f) perform non-partisan duties as prescribed
by state or local laws:
(g) hold
membership in a political party and participate in its functions to the extent
consistent with the law and consistent with this regulation; and
(h) otherwise participate fully in public
affairs, except as provided by law, to the extent that such endeavors do not
impair the neutral and efficient performance of official duties, or create real
or apparent conflicts of interest.
(2) Employees are prohibited at all times
from:
(a) using their official capacity to
influence, interfere with, or affect the results of an election:
(b) assuming active roles in management,
organization or financial activities of partisan political clubs, campaigns or
parties:
(c) serving as officers of
partisan political parties and clubs:
(d) becoming candidates for, seeking election
to, or running for, or campaigning for, a partisan elective public or political
office:
(e) soliciting votes in
support of, or in opposition to, any partisan candidates:
(f) serving as delegates to a political party
convention:
(g) endorsing or
opposing a partisan candidate for public office in a political advertisement,
broadcast or campaign literature:
(h) initiating or circulating a partisan
nominating petition:
(i)
organizing, selling tickets to, or actively participating in a fund-raising
function for a partisan political party or candidate:
(j) addressing political gatherings in
support of, or in opposition to, a partisan candidate; and
(k) otherwise engaging in prohibited partisan
activities on the federal, state, county or municipal level.
N. In their capacity as
department employees, employees will not seek self-publicity through the news
media or any other media by furnishing information obtained or generated from
their work for the department for the primary purpose of personal
publicity.
O. Employees will not
use their position or permit use of their position for personal or financial
gain whether directly or indirectly for themselves or any other individual or
group.
P. All commissioned tax
fraud enforcement officers shall use the utmost care and caution in handling
firearms at all times. The following regulate the authorized use of a firearm.
An employee shall use their department issued firearm:
(1) as authorized by department use of force
and carrying of firearms policies or any other department policy and procedure,
drawing or displaying the firearm only for a legal use or for inspection
(including cleaning, oiling and storing);
(2) for practice, preferably on an approved
range under the auspices of an approved range master; however, should an
approved range master not be available, the employee may, at his or her
discretion, still utilize the approved range for target practice;
(3) to kill a critically wounded or dangerous
animal, when other disposition is impractical; or
(4) to give an alarm or call for assistance
for an important purpose when no other means can be used.
Q. In every instance in which a commissioned
tax fraud enforcement officers discharges a firearm while on duty, with the
exception of target practice, the employee will, without delay, make a written
report as required by TFID protocols. The secretary will be apprised of all
incidents of discharged firearms other than target practice. Any unauthorized
discharge of a firearm could result in disciplinary action up to and including
termination. Any unauthorized use or discharge of a firearm could result in
disciplinary action up to and including termination.
R. Non-commissioned TFID employees who are
actively pursuing commission are authorized to use department firearms only:
(1) with a certified firearms instructor for
qualification; and
(2) when
attending an academy and shall use department firearms only during academy
directed exercises, classes and events.
S. Duty issued firearms and other department
issued weapons shall not be used off-duty except for duty related
matters.
T. Employees will maintain
a neat appearance in groom and dress, as required for all department employees
by department policy. Other practical requirements may be made so that the
employee can properly use duty issued firearms and other department equipment.
All additional requirements will be made by employee's supervisors and
discussed with the employee prior to implementation.
U. Any and all disciplinary action shall be
taken in accordance with the regulations of the state personnel board,
department policies and code of conduct and this subsection.
(1) Administrative leave with pay shall not
have any effect on a commissioned tax fraud enforcement officer's retention of
their department commission;
(2)
During all periods of suspension, an employee will be relieved of their
commission card and any other TFID identity card; any TFID badge(s); their
department issued firearm and firearm holster; and their department issued
equipment, including but not limited to department purchased or otherwise owned
body armor; insignia garments; investigative accessories; vehicles and
computers. During all periods of or discipline based administrative leave taken
in accordance with the regulations of the state personnel board, an employee
shall not access or attempt to access department e-mail; data bases; or
computers; and
(3) If disciplinary
action includes termination, a commissioned tax fraud enforcement officer's
commission shall be revoked at the time the termination is made pursuant to
department policies. In addition to any requirements imposed by department
policies, the commissioned tax fraud enforcement officer's commission shall be
immediately returned to the department. All terminated employees shall return
to the department any TFID identity card; any TFID badge(s); any department
issued firearm and firearm holster; and department issued equipment, including
but not limited to department purchased or otherwise owned body armor; insignia
garments; investigative accessories; vehicles and computers.
V. Any commissioned tax fraud
enforcement officer who is relieved of their law enforcement certification will
be relieved of their TFID commission.
