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Government Code of Conduct

Public service is a position of trust. The Government Code of Conduct establishes baseline ethical and professional standards for persons exercising authority on behalf of the State of San Andreas. Unless a more specific rule applies, these standards govern judges, prosecutors, public defenders, law enforcement officers, correctional personnel, emergency services personnel, appointed officials, and other government employees acting in an official capacity.
A violation of this Code may result in administrative, employment, licensing, or disciplinary action. It becomes a criminal matter only when the conduct separately satisfies an offense established by the Penal Code.

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1. Public Trust

Government authority shall be exercised for legitimate public purposes. A public servant shall not knowingly use official authority primarily to:
  • Secure improper personal gain;
  • Retaliate against a private citizen;
  • Benefit friends, family, associates, or organizations improperly;
  • Harm a person for personal reasons;
  • Avoid lawful accountability; or
  • Obtain treatment unavailable to similarly situated members of the public.

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2. Compliance With Law

Government personnel are expected to comply with:
  1. Server rules and lawful administrative decisions;
  2. The Constitution;
  3. Binding judicial orders and decisions;
  4. The Penal Code and state statutes;
  5. Applicable government regulations; and
  6. Lawful departmental policies.
An employee shall not follow an order that they know requires plainly unlawful conduct.

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3. Professionalism

Government personnel shall perform official duties with reasonable professionalism. This includes:
  • Clear and respectful communication;
  • Reasonable competence;
  • Honest documentation;
  • Proper treatment of the public;
  • Timely performance of assigned duties; and
  • Respect for other government agencies and employees.
Professional disagreement is permitted. Personal hostility should not control official decisions.

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4. Abuse of Authority

A government employee shall not knowingly use official authority for an improper purpose. Abuse of authority may include:
  • Using detention, arrest, prosecution, licensing, inspections, or regulatory authority as personal retaliation;
  • Threatening official action to obtain an unrelated personal benefit;
  • Using restricted government systems for personal disputes;
  • Intentionally exceeding lawful authority to punish another person; or
  • Using a government position to improperly interfere with a private matter.
Serious abuse may also constitute a criminal offense under the Penal Code.

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5. Corruption

Government personnel shall not engage in corrupt conduct. Corruption includes intentional misuse of public office for:
  • Money;
  • Property;
  • Political advantage;
  • Criminal benefit;
  • Personal advantage;
  • Protection of associates; or
  • Another improper benefit.
Official status does not shield a government employee from criminal investigation or prosecution.

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6. Bribes, Gratuities, and Favors

Government personnel shall not solicit, accept, offer, or arrange an improper benefit in exchange for official action. Prohibited benefits may include:
  • Money;
  • Gifts;
  • Property;
  • Services;
  • Debt forgiveness;
  • Employment;
  • Discounts unavailable to the general public;
  • Criminal favors;
  • Preferential government treatment; or
  • Other things of material value.
Ordinary gifts or gratuities may still be restricted by departmental policy even when they do not amount to criminal bribery.

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7. Conflicts of Interest

A public servant should withdraw from a matter when a substantial personal interest reasonably threatens impartial performance. Potential conflicts may include:
  • Close personal relationships;
  • Significant financial interests;
  • Personal involvement in the underlying dispute;
  • Prior representation of a party;
  • Direct personal hostility;
  • Outside employment; or
  • Another interest materially affecting impartiality.
A conflict should be disclosed to the appropriate supervisor, judicial authority, or agency head when required.

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8. Impartiality

Government decisions should be based on lawful and relevant factors. A public servant shall not intentionally provide favorable or unfavorable official treatment based solely upon:
  • Personal friendship;
  • Personal hostility;
  • Wealth;
  • Status;
  • Government rank unrelated to the matter;
  • Political pressure;
  • Retaliation; or
  • Another improper consideration.

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9. Discrimination

Government services and authority shall be administered without unlawful discrimination. Personnel shall not intentionally deny, restrict, or alter government action based on a protected characteristic when that characteristic is irrelevant to the lawful government purpose involved.

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10. Retaliation

Government personnel shall not retaliate against a person merely because that person lawfully:
  • Filed a complaint;
  • Requested an attorney;
  • Exercised a constitutional right;
  • Reported suspected misconduct;
  • Testified in a proceeding;
  • Appealed a decision;
  • Cooperated with an investigation; or
  • Criticized government action.
This rule does not prevent legitimate enforcement action supported by independent lawful grounds.

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11. Truthfulness

Government personnel shall be truthful in official matters. A public servant shall not knowingly:
  • Falsify a report;
  • Fabricate evidence;
  • Make a materially false official statement;
  • Conceal material information when disclosure is legally required;
  • Alter government records for an improper purpose; or
  • Direct another person to make a false official statement.
Mistakes should be corrected when discovered.

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12. Evidence Integrity

Government personnel handling evidence shall preserve its integrity. Personnel shall not knowingly:
  • Destroy evidence to prevent lawful use;
  • Plant or fabricate evidence;
  • Materially alter evidence without documentation;
  • Conceal discoverable evidence;
  • Misrepresent the origin of evidence; or
  • Interfere with lawful judicial access to evidence.
Potential evidence should be collected, stored, transferred, and documented according to applicable agency and court procedures.

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13. Confidential Information

Restricted government information shall be accessed and disclosed only for legitimate official purposes. Personnel shall not improperly disclose:
  • Sealed court records;
  • Protected personal information;
  • Active investigative material;
  • Confidential personnel information;
  • Protected witness information;
  • Attorney-client communications;
  • Medical information when legally protected; or
  • Other information classified or restricted by law.
Access to a government database does not create permission to search it for personal curiosity.

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14. Government Systems and Property

Government equipment, vehicles, funds, databases, weapons, facilities, and other resources shall be used for authorized purposes. Minor incidental use may be permitted by departmental policy. Government property shall not be:
  • Stolen;
  • Intentionally damaged;
  • Improperly transferred;
  • Used to facilitate crime;
  • Used for unauthorized private business; or
  • Retained after authority to possess it ends.

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15. Government Identification and Credentials

Official badges, identification, licenses, uniforms, access cards, and credentials shall be used only as authorized. Personnel shall not lend or transfer official credentials to unauthorized persons. Lost or stolen credentials should be reported promptly.

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16. Outside Employment and Business Interests

Outside employment or business activity shall not materially interfere with public duties or create a substantial conflict of interest. Government personnel should disclose outside interests when required by agency policy or when the interest directly relates to an official matter they are handling.

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17. Use of Position for Private Business

A public servant shall not improperly use government authority, confidential information, government property, or official influence to promote a private business. Ordinary lawful private employment does not violate this rule when government authority is not misused.

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18. Political and Personal Activity

Government personnel retain the ability to engage in lawful personal activity while off duty. However, they shall not knowingly:
  • Use official coercive authority to force political or personal support;
  • Condition government services on political support;
  • Misrepresent a private opinion as an official government position; or
  • Use protected government information for political or personal retaliation.

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19. Duty to Report Serious Misconduct

Government personnel who obtain credible information concerning serious corruption, evidence fabrication, abuse of authority, or comparable misconduct should report it through an appropriate supervisory, investigative, judicial, or administrative channel. This requirement does not require a person to publicly disclose protected or confidential information. Good-faith reporting should not be punished merely because an allegation is ultimately unsubstantiated.

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20. Cooperation With Oversight

Government personnel shall reasonably cooperate with lawful:
  • Judicial orders;
  • Internal investigations;
  • Criminal investigations;
  • Audits;
  • Licensing reviews;
  • Legislative or executive oversight; and
  • Other authorized accountability processes.
A person retains applicable constitutional and legal rights during an investigation.

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21. Supervisory Responsibility

Supervisors should take reasonable action when they know subordinate personnel are engaging in serious misconduct. Supervisory responsibility may include:
  • Correcting improper conduct;
  • Preserving evidence;
  • Making required reports;
  • Removing a person from sensitive duties when necessary;
  • Referring criminal conduct for investigation; or
  • Taking appropriate administrative action.
Supervisors are not automatically responsible for every unknown act of a subordinate.

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22. Judicial Independence

Judges shall remain independent from improper pressure by law enforcement, prosecutors, defense attorneys, government officials, private organizations, and other persons. No government employee may direct a judge how to decide a case. Judicial conduct is also governed by applicable rules of the Judiciary.

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23. Prosecutorial Independence

Prosecutors shall make charging and litigation decisions based upon law, evidence, public safety, and legitimate interests of justice. Prosecutorial authority shall not be used for personal retaliation or improper political purposes.

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24. Defense Independence

Public defenders represent the lawful interests of their clients independently from law enforcement, prosecutors, and other government agencies. Government employment does not diminish an attorney’s duty of loyalty and confidentiality to the client.

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25. Law Enforcement Authority

Law enforcement officers shall exercise detention, arrest, search, seizure, force, and investigative authority only for legitimate law-enforcement purposes and according to law. Departmental policy may establish additional operational standards.

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26. Accountability

Potential violations may be addressed through:
  • Supervisory review;
  • Internal disciplinary proceedings;
  • Agency investigation;
  • Bar disciplinary review;
  • Judicial review;
  • Removal from government employment;
  • License suspension or revocation;
  • Criminal investigation; or
  • Another process authorized by law.
The appropriate response should depend upon the nature and seriousness of the conduct.

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Administrative Misconduct vs. Criminal Conduct

Employment discipline and criminal prosecution are separate processes. The same event may support one, both, or neither depending upon the facts.

Constitution

Review the fundamental limitations governing state authority.

State Penal Code

Review conduct defined as criminal by state law.

Rules of the Court

Review conduct required during judicial proceedings.

Bar Association

Review professional standards governing licensed attorneys.