MDOC Employee Handbook - Sample.docx

State of Michigan

DEPARTMENT OF CORRECTIONS

EMPLOYEE HANDBOOK

MICHIGAN

DEPARTMENT OF CORRECTIONS

EMPLOYEE HANDBOOK

Effective date October 20, 2014

No reproduction or use of this document outside the Department of Corrections is allowed without the expressed consent of the Michigan Department of Corrections

TABLE OF CONTENTS

INTRODUCTION

MISSION AND VISION STATEMENTS OF THE MICHIGAN DEPARTMENT OF CORRECTIONS

DEFINITIONS

GENERAL INFORMATION

Equal Employment Opportunity Discrimination Political Activities Conflict of Interest Public Information Employee Services Program Employee Grievance Procedure Changes in Employment Status

EMPLOYMENT REQUIREMENTS

Role Models Fitness for Duty Use of Leave Punctuality Proper Notice of Absence Jail Time or Other Restricted Supervision License, Certification or Similar Requirement Training Requirements Personal Information Restrictions Chain of Command Possession and/or Use of Medication

DEPARTMENT WORK RULES

* Determined by Office of Executive Affairs (OEA) Administrator or designee and may be any sanction up to and including discharge.

Appendix A Discipline Guide

Appendix B Progressive Discipline Guide

INTRODUCTION

The purpose of this handbook is to provide employees with information regarding employment with the Michigan Department of Corrections, to inform employees of basic employment requirements, and to provide notice of Department work rules and the consequences of rule violations.

Independent contractors and their employees are expected to comply with Department rules. Failure to do so may result in termination of services with the Department.

MISSION AND VISION

OF THE

MICHIGAN DEPARTMENT OF CORRECTIONS

“Committed to Protect, Dedicated to Success”

As Department of Corrections employees, we maintain high standards of professional conduct. We treat each other, citizens and offenders with respect.

Our mission is to create a safer Michigan by holding offenders accountable while promoting their success.

The vision of the Michigan Department of Corrections is to continue to be the leader in corrections by transforming lives through innovation and dedication.

DEFINITIONS

For purposes of this handbook, the following definitions shall be used:

Contraband: any article not specifically authorized by policy including an employee’s personal property.

Department: Michigan Department of Corrections.

Discipline: An action taken upon substantiating a rule violation including a written reprimand, suspension without pay, involuntary demotion, discharge or unsatisfactory service rating.

Discriminatory Harassment: unwelcome advances, requests for favors, and other verbal or non-verbal communication or conduct (e.g. comments, innuendo, threats, jokes, pictures, gestures) based on religion, race, color, national origin, age, sex, height, weight, marital status, partisan considerations, disability, or genetic information.

Employee: any classified or unclassified employee of the State of Michigan in the Department of Corrections, including any independent contractor or their employees.

Facility: any property owned, leased, or occupied by the Department (e.g. hospitals, public works assignments, etc.).

Offender: a prisoner or parolee under the jurisdiction of the Michigan Department of Corrections or housed in a Department facility, a probationer who is supervised by an employee of the Department, or any person referred to the Department by the courts for investigation or supervision.

Overfamiliarity: conduct that has resulted in, or is likely to result in, a personal non-work related association or intimacy.

Over-the-Counter Medication: medication which can be purchased without a prescription in the United States.

Prescription Medication: medication which cannot be purchased without authorization from a licensed health care authority.

Sexual Harassment of Offenders: sexual harassment includes verbal or written statements of a sexual nature to an offender, demeaning references to gender or derogatory verbal or written statements about body or clothing, or profane or obscene language or gestures of a sexual nature.

Sexual Abuse of Offenders: refer to Work Rule #51 “Sexual Abuse of Offender”.

NOTE: The language of an applicable Collective Bargaining Agreement or Civil Service Commission Rules and Regulations supersede the provisions of the Employee Handbook where in conflict.

GENERAL INFORMATION

1. EQUAL EMPLOYMENT OPPORTUNITY

The Department is committed to equal employment opportunity. For more information, refer to PD 02.06.100 “Equal Employment Opportunity.”

2. DISCRIMINATION

An employee shall not discriminate against another employee on the basis of religion, race, color, national origin, age, sex, height, weight, marital status, partisan considerations, disability or genetic information.

3. POLITICAL ACTIVITIES

Classified employees are restricted from certain political activities by Civil Service Commission Rules. Refer to Section 1-12 “Political Activities” of the Civil Service Commission Rules and PD 02.03.107 “Code of Ethics and Conduct-Employees” for details on these restrictions.

4. CONFLICT OF INTEREST

Employees are restricted from engaging in actions which may constitute a conflict of interest with employment with the Department. Refer to Section 2-8 “Ethical Standards and Conduct” of the Civil Service Commission Rules and PD 02.03.105 “Outside Employment” for further details.

5. PUBLIC INFORMATION

Employees asked to speak as a representative of the Department must first obtain prior approval from their supervisor. Employees are responsible for the accuracy of their statements, are expected to reflect the position of the Department, refrain from personal opinion if it is contradictory to the Department’s position, and are to contact the Office of Public Information and Communications for current information and the Department’s position on issues.

Employees making presentations on correctional issues in a capacity other than as a representative of the Department shall inform the audience that their remarks are not made in their official capacity as an employee. Employees are to be guided by PD 02.03.106 “External Communications by Employees” and PD 01.06.130 “Media Relations” when speaking to the public or the media.

6. EMPLOYEE SERVICE PROGRAM

The Employee Service Program (ESP) provides services to active State employees who are experiencing problems or personal concerns that are affecting their work. ESP also offers assessment and referral for employees’ family members when appropriate. ESP counselors provide assistance in the identification and resolution of personal problems. For additional guidance refer to PD 02.04.107 “Employee Service Program,” or contact ESP at 1-800-521-1377, (313) 456-4020 or MCSC-ESP@michigan.gov.

7. EMPLOYEE WELLNESS UNIT

The Employee Wellness Unit provides professional and confidential wellness services to employees, retirees, and family members. The Wellness Unit services include 24/7 crisis intervention, oversight of the peer support and chaplain program. Wellness Unit staff is available to assist you at 517-335-0570, 833-DCBWELL (833-322-9355) or MDOC-Wellness@michigan.gov.

8. EMPLOYEE GRIEVANCE PROCEDURE

The Civil Service Commission has established a grievance procedure for employees not covered by a labor agreement. Refer to the Civil Service Grievances, Technical Complaints, and Appeals Procedure for more information. This procedure is available in Department Human Resources Offices and on the Civil Service Web Site, Regulations, Chapter 8.

Employees covered by a labor agreement should refer to the applicable collective bargaining agreement to determine the grievance procedure which applies to them.

An employee is expected to give at least two weeks advance notice before resigning, retiring, or transferring. Such notice shall be provided to the employee’s supervisor and Human Resources Office.

If an employee is not rated satisfactory at the end of his or her initial probationary period (including any extensions), the employee will be separated as provided for in Civil Service Commission Rules or applicable collective bargaining agreements. Initial probationary employees are afforded grievance rights within the Department as specified in the applicable Civil Service Commission Rules or collective bargaining agreement.

An employee may be involuntarily separated or discharged for various reasons as specified by the Civil Service Commission Rules, Department policies, or applicable collective bargaining agreement. An employee with status may have a review of the discharge through the appropriate grievance procedure.

An employee will receive payment for any unused leave credits as authorized by the Civil Service Commission Rules or applicable collective bargaining agreement after separation.

b. Transfers Transfer requests within the Department must be provided to the appropriate Human Resources Office and in accordance with any applicable collective bargaining agreement.

c. Promotion/Demotion Any promotion or advancement within the Department is determined by the employee’s past and present job performance, knowledge, skills, abilities, and eligibility. Any incidents of sexual abuse of an offender and/or sexual harassment of an offender shall be considered when determining whether to promote an employee who may have contact with offenders.

A demotion is an authorized movement of an employee with status to a lower classification level. Voluntary or involuntary demotions are governed by the Civil Service Commission Rules, Department policies, and/or the applicable collective bargaining agreement. An employee with status may have a review of an involuntary demotion through the appropriate grievance procedure.

d. Position Classification Review It may become necessary to review the class titles or levels of positions due to changes that have taken place in duties and responsibilities involved that may impact the proper classification of a position. These reviews are made by the Civil Service Commission. If an employee feels their current classification and level does not reflect their present duties, an employee may initiate a review of his or her position. Refer to Civil Service Commission Rules, Section 4-2 “Position Classification Review.”

e. Retirement The Department has employees covered under various retirement programs. There are several options as to how your benefits will be paid upon retirement or provided to a survivor. A description of these options is found in the information published by the Department of Technology, Management and Budget, Office of Retirement Services. Contact the Office of Retirement Services at 1-800-381-5111 or at www.michigan.gov/ors for more information.

EMPLOYMENT REQUIREMENTS

Employees shall comply with the following employment requirements. Failure to comply will generally result in corrective action, up to and including discharge.

1. ROLE MODELS

One of the major objectives of the Department is to influence and persuade offenders to become law-abiding citizens. The on-duty and off-duty conduct of Department employees must serve as an example of proper conduct.

2. FITNESS FOR DUTY

The Department may require a second medical opinion in accordance with the applicable collective bargaining agreement, the Family and Medical Leave Act (FMLA), and/or Civil Service Commission Rules.

Reasonable accommodations will be considered on a case-by-case basis for qualified persons with specific needs under the Americans with Disabilities Act.

3. USE OF LEAVE

All sick leave used must be certified by the employee. The appointing authority may require verification as provided by applicable Civil Service Commission Rules or collective bargaining agreements.

Medical verification will be required under the following conditions and may be required under other conditions:

· When an employee has been counseled for excessive use or abuse of sick leave within the preceding six (6) months (1,040 actual work hours).

· When the employee has been hospitalized for any reason.

· When an employee has been on sick leave for five (5) or more consecutive work days.

· When an employee has been absent as a result of an accident, injury, or outpatient surgery.

· When an employee is denied annual leave and subsequently requests use of sick leave for the corresponding time.

· When an employee claims illness on the day of a change of assignment.

· When an employee claims illness when notified of mandatory overtime.

· When the absence of a considerable number of employees on a shift indicates a concerted effort among the employees at the work site, the appointing authority shall immediately request medical verification of each employee.

· When an employee establishes a pattern of absences and/or emergency leave requests such as absence on a regular continuing basis on a given day of the week, before or after a regular day off, a payday, or a holiday.

Employees must be notified of the requirement to submit medical verification of their illness/injury at the time of call-in or in advance if possible. Medical verification must indicate why the employee is unable to work (illness, injury), date(s) the employee is unable to work, and date of service from the medical provider, which must be on or during the period the employee is absent. Medical verification must be submitted prior to a return to work and should be submitted directly to the Human Resources Office or the Disability Management Unit. Failure to provide requested medical verification at the time of the return to work may result in the employee not being able to work.

Authorization of leave credits does not prohibit the issuance of corrective action for unsatisfactory time and attendance or disciplinary action.

Refer to applicable collective bargaining agreements, Civil Service Commission Rules, and PD 02.02.102 “Leave of Absence” regarding absence due to the Family and Medical Leave Act or unpaid leave of absence.

4. PUNCTUALITY

Regular attendance and punctuality are required of all employees. All employees are expected to adhere to the work schedule approved by their supervisor and to be at their assignment at the start of their shift or work day. In addition, all employees must adhere to specific facility procedures for attendance accountability.

5. PROPER NOTICE OF ABSENCE

Any employee, who provides service to offenders or with duties involving the direct management or observation of offenders, must personally notify his/her supervisor or a designated person of an unscheduled absence no earlier than 30 minutes prior to the start of the employee’s shift but no later than the start of the shift, or in accordance with the applicable collective bargaining agreement. For example, an employee with duties involving the direct management or observation of offenders whose shift begins at 8:00 a.m., must call in between 7:30 a.m. and 8:00 a.m.

Health care employees with duties involving the direct management or observation of offenders must call in their absence as soon as possible, but no later than 30 minutes prior to the start of the employee’s shift.

All other employees must notify the proper authority of an unscheduled absence as soon as possible, but no later than 30 minutes after their normal starting time.

An employee who does not report for duty on their regularly scheduled workday without proper leave approval, will be considered absent without leave. That employee shall receive lost time and be subject to corrective action. The notice of an unscheduled absence shall be made personally by the employee, unless physically unable to do so. Unauthorized absence by an employee for three (3) or more consecutive workdays may result in separation for unauthorized absence.

The employee is responsible for providing updated medical documentation prior to the expiration of any previously submitted documentation for which s/he is absent from work for an extended time or on a medical leave of absence. Failure to provide updated medical documentation within the expiration of the previously submitted documentation may result in separation for vacating a position.

6. JAIL TIME OR OTHER RESTRICTED SUPERVISION

No employee shall be allowed to work while under any electronic monitoring supervision or device, house arrest, or sentenced to jail time, even if granted a work release, and may be subject to non-disciplinary separation or disciplinary action up to and including discharge.

7. LICENSE, CERTIFICATION OR SIMILAR REQUIREMENT

Employees are responsible for maintaining any license, certification or similar requirement necessary to perform the duties of their assignment. Employees shall not be allowed to work in that position, and may be subject to immediate non-disciplinary separation or disciplinary action up to and including discharge, if a necessary license, certification or similar requirement has expired, been suspended or revoked.

8. TRAINING REQUIREMENTS

9. PERSONAL INFORMATION

To assist the Human Resources Office in maintaining complete and accurate personnel files, an employee must immediately supply a written report to the Human Resources Office regarding any change in personal status. Some changes may require completion of forms that are available in the Human Resources Offices or through MI HR Self Service.

Immediate reporting of changes in personal information (address, telephone number, emergency contact, etc.) will help avoid inaccurate payroll deductions, loss of insurance benefits for dependents, delays in payroll processing, or the Department’s inability to contact the employee or family members in a case of an emergency.

Employees are required to have a working telephone by which they can be contacted. Current telephone numbers for employees as well as the home and street address of all employees must be on file at their Human Resources Office and work location. All employees are required to comply with the requirements as specified in PD 02.02.112 “Duty Schedules and Business Hours.”

10. RESTRICTIONS

Restrictions, such as a restricted or suspended driver’s license or a personal protections order, must be verbally reported to the employee’s immediate supervisor within 24 hours of becoming aware of the action to determine whether the restriction or personal protection order has an adverse impact on the employee’s ability to perform his/her work assignment. Each verbal report shall be followed up within 72 hours with a written report by the employee to the appropriate Deputy Director, Administrator, or Warden.

11. CHAIN OF COMMAND

Employees shall follow their chain of command. Proper morale and discipline require a recognition of authority within the various units and divisions of the Department. It is important to know the immediate supervisory official in charge so that all work-related questions are addressed to the proper person. Complaints and concerns shall be submitted to the immediate supervisor for resolution before going to a higher level, or to an outside source.

An employee may bypass an immediate supervisor only in an emergency or in accordance with specific Department policies. Supervisors shall inform their employees whom they should contact in cases of emergency, questions or problems. If the chain of command is not followed, issues should be sent back to the proper supervisor by the recipient.

The requirement to follow chain of command is not intended to abrogate the ability of employees to file complaints under their respective collective bargaining agreement or under the Whistleblowers’ Protection Act, PA 469 of 1980, as amended, or other state or federal law, to report a violation or suspected violation of the law.

12. POSSESSION AND/OR USE OF MEDICATION

Employees must submit the “Employee Medication Request” form (CAJ-555) when taking prescribed medication which may interfere with their work responsibilities. If there is a question on the effects of the medication, the employee shall be required to provide medical clarification from a licensed physician. If the medication does not adversely affect job performance and needs to be taken at work, the warden or appropriate administrator will provide a way for the employee to take the medication by approving the CAJ-555 form.

DEPARTMENT WORK RULES

In accordance with PD 02.03.100 “Employee Discipline,” OP 02.03.100-A “Employee Discipline” and the applicable collective bargaining agreement, an employee who violates Department or Civil Service Commission Rules, regulations, policies, procedures, post orders, work statements or conditions of employment will be subject to disciplinary action.

Conduct violating any of the following rules will subject an employee to disciplinary action up to and including discharge. Refer to PD 02.03.100 “Employee Discipline” and the applicable collective bargaining agreement for information relating to an employee’s right to representation.

Any violation of rules occurring prior to the effective date of this handbook will continue to be disciplined based on the rule and policy in effect at the time of the infraction.

Employees are prohibited from retaliating against any person who reports rule violations. Employees shall not disclose to anyone that an allegation of a work rule violation has been filed, the details of the allegation, and/or the status of any investigation, except as required to comply with Department policy or to provide information to their representative in an administrative, civil or criminal proceeding.

1. HUMANE TREATMENT OF INDIVIDUALS

Employees are expected to treat individuals in a humane manner in the workplace or while on duty.

Examples of actions of an employee in violation of this rule are described below. This is not an exhaustive list of behavior which may be in violation of this rule.

· Displaying a weapon (firearm, taser, etc.) or object for the purpose of intimidating an offender, visitor, volunteer, employee or citizen, except in the performance of an employee’s duties. See PD 04.05.100 “Disturbance Control (Exempt)”, PD 04.05.110 “Use of Force (Exempt)” and PD 04.05.112 “Managing Disruptive Prisoners (Exempt)” for direction regarding control of offenders.

· Any action, language, or behavior that causes intimidation or humiliation, or that degrades or belittles another person or group.

· Failing to try to secure necessary medical or other assistance in instances of medical emergencies, injury, assault or attempted suicide.

· Making unnecessary or unreasonable rules for an employee, visitor, volunteer or an offender to follow.

2. USE OF POSITION FOR PERSONAL GAIN

Employees shall not engage in actions that could constitute the use of their position for personal gain.

Examples of actions of an employee in violation of this rule are described below. This is not an exhaustive list of behavior which may be in violation of this rule.

· Displaying his/her Department-issued identification card or badge, or referencing their employment or position with the Department for other than a work-related reason.

· Obtaining goods or services that would otherwise not be available or offered to the employee if not for his/her position.

· Obtaining information, assistance or leniency from another law enforcement or criminal justice agency.

Examples are not intended to restrict an employee from taking advantage of such things as retail discounts which a business may offer to all members of a group, such as law enforcement or criminal justice professionals.

For additional information refer to PD 02.03.107 “Code of Ethics and Conduct - Employees” and Civil Service Commission Rule 2-8 “Ethical Standards and Conduct.”

3. DISCRIMINATORY HARASSMENT

Employees shall not discriminate or engage in discriminatory harassment. Discriminatory harassment includes unwelcomed advances, requests for favors, or other verbal or physical conduct or communication based on religion, race, color, national origin, age, sex, height, weight, marital status, partisan considerations, disability, or genetic information under any of the following conditions:

1. Submission to such conduct or communication is made a term or condition, either explicitly or implicitly, to obtain employment.

2. Submission to or rejection of such conduct or communication by a person is used as a factor in decisions affecting the person’s employment.

3. The conduct or communication has the purpose or effect of substantially interfering with a person’s employment or creating an intimidating, hostile or offensive employment environment.

4. The conduct or communication concerns the status of another individual with whom the person has a real or perceived past or present relationship or association and has the purpose or effect of substantially interfering with a person’s employment, or creating a hostile, or offensive employment environment.

Employees must report any incidents of such conduct to the designated discriminatory harassment counselor or to any supervisor. For specific information pertaining to confidentiality and reporting requirements, refer to PD 02.03.109 “Discriminatory Harassment.”

Employees are prohibited from retaliating against a person because the person has made a complaint, either orally or in writing, of discrimination or discriminatory harassment based on religion, race, color, national origin, age, sex, height, weight, marital status, partisan considerations, disability, or genetic information.

4. MISUSE OF STATE OR OTHER AGENCY PROPERTY OR EQUIPMENT

Employees shall not misuse State or other agency property.

Examples of actions of an employee in violation of this rule are described below. This is not an exhaustive list of behavior which may be in violation of this rule.

· Inappropriate use of State or agency property for personal purposes or purposes beyond that of their official job duties without proper authorization.

· Inappropriate use of the internet:

· Commercial or personal product advertisements, solicitations, promotions, or for-profit purposes; political fundraising or lobbying; promoting a social, religious, or political cause; or gambling, gaming, or online shopping.

· Accessing, sending, receiving, or storing any obscene, pornographic, offensive, or excessively violent content.

· Sending messages containing unwelcome advances, profanity, or discriminatory or harassing remarks.

· Sending hate mail or chain mail.

· Downloading entertainment software, music, movies, television shows, video-sharing content, or other similar files.

· Downloading or installing unauthorized software (including shareware and freeware).

Brief incidental use is permitted but shall not interfere or conflict with work responsibilities or duties.

· Removing items from State or other agency premises without proper authorization.

Accessing, attempting to access, or viewing pornography, sexually related graphic images or nudity shall result in discharge.

In addition to any disciplinary action that may be imposed, an employee who misuses State or other agency property will be responsible for any consequences resulting from that misuse (e.g. civil or criminal charges or penalties), and may be required to reimburse the affected agency for its value. Property must be kept clean and in good condition at all times and immediately returned upon leaving the Department.

State-operated recreation facilities and equipment may be used by off-duty personnel for physical fitness or rehabilitation purposes with the approval of the appropriate Warden or Administrator. Such activity is voluntary and the Department will not be responsible for accidents or injuries.

5. CONDUCT UNBECOMING

Employees shall not behave in a manner that may harm or adversely affect the reputation or public perception of the Department. Employees are expected to be professional and have a special responsibility to serve as role models. This includes modeling appropriate conduct on or off duty. Employees must also support and uphold the law through their own actions and personal conduct.

Examples of conduct in violation of this rule are described below. This is not an exhaustive list of behavior which may be in violation of this rule.

· Criminal conduct involving law enforcement contact, regardless of whether there is an arrest, criminal charge or conviction (excluding misdemeanors as outlined in Work Rule #22 “Misdemeanor or Other Restrictions”)

· Inappropriate social media activity (PD 01.04.106 “Use of Social Media”)

· Theft

· Conduct in the presence of offenders, visitors or the public while in uniform or when identified as a Department employee

· Unprofessional conduct or communication in the workplace If the investigation establishes a violation of this rule, whether it occurred on or off duty, disciplinary action up to and including discharge may result regardless of any prosecutorial action or court disposition, media attention, public knowledge of the conduct or any tangible adverse impact on the reputation or public perception of the Department.

Any conduct by employees involving theft shall result in discharge.

6. PHYSICAL CONTACT

Inappropriate physical contact is prohibited. Examples include, but are not limited to, inappropriate placing of hands on another person, horseplay, or other types of body contact, including body contact with an object.

Examples of appropriate physical contact with an offender include, but are not limited to, a handshake at graduation; at the beginning or end of a meeting; or during times of accomplishment and achievement.

7. CONFIDENTIAL NATURE OF RECORDS

Employees shall respect the confidentiality of employee, offender and health care information (including electronic records). Employees shall not share confidential information (i.e. logbooks, investigation documents), other official information, or reports with unauthorized persons. Information is not to be divulged for other than legitimate authorized business purposes. Refer to PD 02.01.140 “Human Resources Files,” PD 03.04.100 “Health Services” and PD 03.04.108 “Prisoner Health Information.”

No offender file may be removed from a facility without the approval of the Director, respective Deputy Director, Assistant Deputy Director, Warden or Field Operations Administration Assistant Deputy Director unless required as part of the employee’s official job duties. Offender health care information can only be released with a proper release of information signed by the offender, pursuant to a subpoena or court order, or under PD 03.04.108 “Prisoner Health Information.”

8. USE OF HEALTH CARE SERVICES

Employees shall only use the facility health care services in cases of emergency, medical stabilization for serious on-the-job injuries, and Department authorized services, such as TB tests and Hepatitis B vaccinations. When the clinic facilities are used for an emergency or on-the-job injury, the employee is to be transferred as soon as practical to a physician or hospital. A written report must be made by the clinic staff in each of these instances and sent to the appropriate Warden, Human Resources Office and the Administrator of the Bureau of Health Care Services.

9. CLASS II INSUBORDINATION

Willful acts of employees contrary to management directives that may compromise the Department’s ability to carry out its responsibilities, such as operation of safe and secure facilities or protection of the public, are prohibited. Violation of this rule shall result in discharge.

10. CLASS I INSUBORDINATION

Employees are prohibited from failing to immediately follow management directives.

11. SEARCHES WHILE ON FACILITY PROPERTY

All employees are subject to authorized searches while on facility property. Employees who refuse to submit to, avoid or interfere with an authorized search will be suspended immediately pending investigation. Violation of this rule shall result in discharge.

12. RESPONDING OR PROVIDING ASSISTANCE

All employees of the Department, regardless of classification, have security responsibility. Employees shall immediately respond to any request for assistance, including emergency preparedness drills and mobilizations. An employee shall come to the assistance of another employee, offender, visitor, volunteer, etc., who is in distress, in an escalated situation, at risk of suffering harm or injury or in an emergent situation.

13. RULE RESCINDED IN 2020. NUMBER INTENTIONALLY NOT REUSED.

14. RULE RESCINDED IN 2020. NUMBER INTENTIONALLY NOT REUSED.

15. RULE RESCINDED IN 2020. NUMBER INTENTIONALLY NOT REUSED.

16. CRIMINAL ACTS – FELONY

Employees shall not engage in any conduct which results in a felony conviction (including diversion programs), whether by guilty plea, no contest plea, delayed or deferred sentence or trial. A felony conviction shall result in discharge.

Felonious behavior not resulting in a felony conviction may still result in disciplinary action up to and including discharge for violation of Work Rule #5 “Conduct Unbecoming.”

Employees shall report any felony citation or arrest to their immediate supervisor, or if unavailable to the next available manager in their chain of command, within 24 hours. This report shall be followed up within 72 hours with a written report by the employee to the appropriate Deputy Director, Administrator or Warden.

Employees shall also provide written reports to their immediate supervisor within 24 hours after any stage or phase of an arrest or prosecution including but not limited to: issuance of any warrant, any arraignments, any pre-trial conferences, pleas of any kind, pre-liminary examination, trial, conviction, sentencing, delay, deferral, diversion, or dismissal. Employees charged with a felony will be suspended without pay pending the outcome of the criminal charges.

Failure to report within 24 hours shall result in disciplinary action for violation of Work Rule #38 “Reporting Requirements.”

WORK RULE 17 AND WORK RULE 18 – CONTROLLED SUBSTANCES

These rules prohibit behavior both on and off duty. Controlled substances are defined in the Michigan Public Health Code.

The Department has a zero tolerance policy regarding controlled substances. Zero tolerance means if a preponderance of evidence demonstrates that an employee has used, possessed, attempted to introduce, or otherwise involved themselves with controlled substances, s/he will be discharged.

17. CONTROLLED SUBSTANCE/ INTOXICANT– POSSESSION, INTRODUCTION OR ATTEMPTED INTRODUCTION Possessing, introducing, or attempting to introduce controlled substances or intoxicants into any facility where offenders are supervised shall result in discharge and possible referral for prosecution. Employees are responsible for any item in their area of control which includes, but is not limited to, the automobile they have driven, their clothing, and within purses and briefcases. This does not include items brought in by a clergy as allowed per PD 04.04.110 “Search and Arrest in Correctional Facilities” and/or MCL 800.281.

Employees shall not possess, introduce, or attempt to introduce into any facility where offenders are supervised any other substances, such as yeast, which can be used to manufacture a prohibited or illegal substance.

18. USE OF ALCOHOL OR CONTROLLED SUBSTANCE

Employees are subject to random, reasonable suspicion, pre-appointment, post-accident, and follow-up drug and alcohol testing in accordance with Civil Service Commission Rule 2-7 or applicable collective bargaining agreement. An employee who reports for duty with alcohol on his/her breath, or when suspected of being under the influence of alcohol or a controlled substance, will be required to submit to an evidential breath test or appropriate drug test.

Employees shall comply with all requirements of the Civil Service Commission Rule, the applicable collective bargaining agreement, and this work rule. A violation of Provision A below shall result in disciplinary action up to and including discharge. A violation of B, C, D, E, or F below shall result in discharge and the employee will not be eligible for rehire with the Department.

The following are prohibited activities for all employees:

A. Consuming alcohol while on duty, or reporting for duty, or being on duty with a blood alcohol concentration of .02 or greater percent by weight in the blood but less than .08.

B. Reporting for duty or being on duty with a blood alcohol level of .08 or higher.

C. Using a controlled substance on duty unless used as prescribed by a physician.

D. Reporting for duty or being on duty with a prohibited level of a controlled substance.

E. Refusing to submit to a required drug test or alcohol test. Refusal to submit to a drug and/or alcohol test means any of the following: 1) failing to provide an adequate sample without medical explanation, 2) engaging in conduct that obstructs the testing process, or 3) refusing to be tested.

F. Interfering with any testing procedure or tampering with any test sample, including, but not limited to, not reporting directly to the testing site, eating or drinking prior to a required test unless specifically directed to by medical personnel, adulterating the sample, etc.

Use of marijuana for medicinal purposes is not considered an acceptable medical explanation for a positive test.

19. RULE RESCINDED IN 2000. NUMBER INTENTIONALLY NOT REUSED.

20. INTRODUCTION OR POSSESSION OF CONTRABAND ITEMS

Employees shall not introduce or possess unauthorized items such as escape paraphernalia, weapons, facsimiles of weapons, ammunition, wireless communication devices, cell phones, tobacco or facsimiles of tobacco products (e.g. electronic vapor cigarettes), lighters or any other item not specifically authorized by PD 04.04.100 “Custody, Security and Safety Systems (Exempt)”, OP 04.04.100 “Gate Security” or facility operating procedure in any facility where offenders are housed. Employees are responsible for any item in their area of control which includes, but is not limited to, their clothing and within purses and briefcases.

21. CONTRABAND IN VEHICLE ON THE PREMISES OF A FACILITY HOUSING OFFENDERS

Employees are responsible for ensuring that unauthorized items such as alcohol, controlled substances, weapons, ammunition, or facsimiles thereof are not in the vehicle. It will be assumed the employee was aware of the presence of the prohibited item if it is found in the vehicle. Violations of this rule may result in criminal prosecution. See PD 03.03.100 “Firearms/Weapons Authorization and Use (Exempt)” regarding the proper handling and storage of weapons.

22. MISDEMEANOR OR OTHER RESTRICTIONS

Any conduct by an employee which results in a misdemeanor conviction (including diversion programs), whether by guilty plea, no-contest plea, delayed or deferred sentence, or trial is prohibited.

The only exceptions are:

· Animal control misdemeanors (unlicensed dog, unleashed dogs, barking dogs, etc.). Animal cruelty is not excluded.

· No insurance or proof of insurance

· Suspended or expired license While these misdemeanors are not considered a violation of this work rule, employees are still required to timely report as indicated below.

Situations which do not result in a misdemeanor conviction and misdemeanors not considered a violation of this work rule may still result in disciplinary action up to and including discharge for violation of work rule #5 “Conduct Unbecoming” or other applicable work rules due to the employee’s conduct.

All employees, including those on leave (i.e., medical, military, annual, layoff), shall report all arrests, misdemeanor citations, and/or criminal charges to their immediate supervisor or, if unavailable, to the next available manager in their chain of command within 24 hours after any stage or phase of an arrest or prosecution including but not limited to: issuance of any warrant, any arraignments, any pre-trial conferences, pleas of any kind, preliminary examination, trial, conviction, sentencing, delay, diversion or dismissal. Each report shall be followed up within 72 hours with a written report by the employee to the appropriate Deputy Director, Administrator or Warden. Traffic offenses that are not misdemeanors do not need to be reported.

Failure to report within 24 hours shall result in disciplinary action for violation of Work Rule #38 “Reporting Requirements.”

A misdemeanor conviction for a violation of the Controlled Substance Act or criminal sexual conduct shall result in discharge.

An employee who is discharged for violation of this rule or who resigns in lieu of termination during an investigation will not be eligible for rehire with the Department.

23. RULE RESCINDED IN 2020. NUMBER INTENTIONALLY NOT REUSED.

24. RULE RESCINDED IN 2000. NUMBER INTENTIONALLY NOT REUSED.

25. RULE RESCINDED IN 2000. NUMBER INTENTIONALLY NOT REUSED.

26. ENTRY AND VISITING IN A FACILITY

Employees shall not visit non-public areas of a facility where offenders are housed for non-work related purposes without prior approval of the Warden, appropriate Administrator, or designee. Off-duty employees are required to receive permission to enter or be present at any secure area of a facility.

Employees visiting any facility where offenders are housed shall sign the facility visitor’s log.

An employee may visit an offender only if that offender is an immediate family member and is housed at a facility other than where the employee works. For purposes of this rule “immediate family member” is defined as grandparent, parent, stepparent, spouse, mother-in-law, father-in-law, child, stepchild, grandchild, sibling, stepbrother and stepsister. An aunt and uncle may be included if adequate verification is provided that they served as a surrogate parent.

Visitation at a facility shall take place in accordance with PD 05.03.140 “Prisoner Visiting.”

Visiting an immediate family member who is an offender housed in a MDOC facility requires prior permission of both the appointing authority where the offender is housed and the employee’s appointing authority. Visiting an immediate family member who is an offender housed in a jail and under Department supervision or jurisdiction requires prior written approval from the employee’s appointing authority. If the immediate family member is not under Department supervision or jurisdiction, prior written approval is not required.

27. DERELICTION OF DUTY

Employees shall fully perform their job duties, including enforcing and following Department policies, procedures, Director’s Office Memorandums and manuals. Any action or omission of an employee indicating neglect of his/her job duties, including but not limited to the safe and proper care and control of offenders, will be considered dereliction of duty.

28. USE OF FORCE

Employees shall only use as much force as reasonably necessary to perform their duties and to protect themselves and others from harm consistent with the provisions of PD 04.05.110 “Use of Force (Exempt)” and PD 04.05.112 “Managing Disruptive Prisoners (Exempt)”. Excessive use of force shall result in discharge.

29. RULE RESCINDED IN 2020. NUMBER INTENTIONALLY NOT REUSED.

30. DUTY RELIEF AND EXCHANGE OF DUTIES

Employees shall not leave an assignment or exchange duties without proper relief or authorization.

31. SECURITY PRECAUTIONS

Employees shall take reasonable security precautions to ensure the safety and security of employees, the public and offenders.

Examples of actions of an employee in violation of this rule are described below. This is not an exhaustive list of behavior which may be in violation of this rule.

· Failure to keep assigned weapons properly secured, clean and in working order, properly loaded and at hand for immediate use.

· Loss of security equipment (e.g. handcuffs, radios, ERT equipment, etc.) on facility grounds.

· Loss of keys or firearms.

· Failure to follow specific security detail instructions (i.e. transportation, ERT duties).

· Failure to follow PD 04.04.110 “Search and Arrest in Correctional Facilities.”

· Failure to follow critical/dangerous tool policy as indicated in PD 04.04.120 “Tool Control.”

· Propping open security doors or doors that should remain locked.

· Allowing unknown or unidentified individuals into buildings.

· Unauthorized distribution of exempt policy directives or operating procedures.

· Failure to follow security precautions as outlined in PD 03.03.100 “Firearms/Weapons Authorization and Use (Exempt)”.

· Failure to lock or properly secure any vehicle (including jeeps, motorcycles, bicycles, etc.) brought onto the premises of a facility housing offenders.

32. ATTENTION TO DUTY

Employees shall remain alert while on duty. Sleeping or failure to properly observe an assigned area or offenders are examples of inattention to duty.

Items that detract from the…