North Carolina Department of Justice Policy Manual

Disclaimer: All information provided in this manual is believed to be accurate and reliable. Unless otherwise noted in an individual portion of this document, NC DOJ grants permission to copy and distribute the manual for non-commercial use, provided it is distributed without alteration. The Office of State Personnel policies, published for all state employees, supersede DOJ policies; however, DOJ reserves the right to add to OSP policies for the purpose of clarification and details needed within the DOJ. Policy content in this manual supersedes any DOJ division policy if conflicts exist or unless specifically noted otherwise. All divisions in DOJ are responsible for developing their own policy manuals and adding clarifying information to policies as specified in this DOJ manual. The NC DOJ Internal website links to sites maintained by other entities. Reasonable precautions have been taken to link appropriate, accurate, and reputable information within this manual; however, DOJ is not responsible for links not under DOJ control. If you believe information in this policy manual is inaccurate or out-of-date, please notify DOJ HR in writing. /
3/15/2013

1

Updated 3/15/13

Table of Contents

SECTION: 1 - AGENCY OVERVIEW

State Bureau of Investigation (SBI):

Legal Services:

Training and Standards

Organization Charts

SECTION: 2 - LEAVE AND TIME ADMINISTRATION POLICIES

ADVANCING LEAVE

Circumstances That May Be Considered For Advancing Leave

Steps for Requesting Advanced Leave

ADVERSE WEATHER LEAVE

Authority to Close State Buildings and State Operations

Adverse Weather/ State Offices not officially closed

Employees Subject to Fair Labor Standards Act (Overtime Pay Provisions)

Working Holidays to Make up Adverse Weather

Emergency Employees

Adverse Weather Entries in BEACON

CIVIL LEAVE (NON-JOB RELATED)

Jury Duty

Shift Employees

Court Attendance

CIVIL LEAVE (JOB RELATED)

Jury Duty

Shift Employees

Court Attendance

COMMUNITY SERVICE LEAVE

COMMUNITY SERVICE WORK/ TUTORING AND MENTORING OPTION

COMPENSATORY TIME/OVERTIME

Non-Exempt Employees

Exempt Employees

DISABILITY LEAVE

Short and Long Term Disability Leave Eligibility:

EDUCATIONAL LEAVE

FAMILY MEDICAL LEAVE/FAMILY ILLNESS LEAVE

Eligibility for FML

Health Insurance while on FML

Sick, Vacation, and Bonus, Leave

Supervisor and Employee Responsibilities Associated with FML

Documentation for Family Medical Leave

State Issued Equipment and Information Access

Recording Time and Leave in BEACON for FML Employees

Work from Home while on FML

Return to Work from FML

Family Illness Leave

FLEX TIME

HOLIDAY LEAVE

MILITARY LEAVE

LEAVE OFFSETTING

LESS FREQUENTLY USED LEAVE POLICIES

OVERDRAWN LEAVE

RECORDING LEAVE AND TIME RECORDS

Negative Time Employees

Positive Time Employees

Extended Leave

Time Approval

Beacon Training for Supervisors

SCHEDULING LEAVE

SICK LEAVE

VACATION LEAVE

Vacation Leave Credits Schedule

VOLUNTARY SHARED LEAVE

SECTION: 3 - PERSONNEL ACTIONS AND HIRING PRACTICES

DEMOTIONS/REASSIGNMENTS

DUAL EMPLOYMENT

Definition of Dual Employment

Dual Employment between Two State Agencies

Circumstances Not Allowed with Dual Employment

EMPLOYMENT OF RELATIVES (NEPOTISM)

POSTING/NEW HIRES

PROMOTIONS

RECLASSIFICATION POLICY

REDUCED HOUR EMPLOYEE APPOINTMENTS

REDUCTION-IN-FORCE (RIF) POLICY

RESIGNATION AND RETIREMENT

TEMPORARY HELP HIRING PROCESS

TRANSFERS/REASSIGNMENTS

SECTION: 4 - EMPLOYEE RELATIONS POLICIES

DISCIPLINARY ACTION, SUSPENSION AND DISMISSAL

Written Warning

Demotion

Disciplinary Suspension without Pay

Dismissal

Pre-Disciplinary Conferences

Inactive Disciplinary Action

Investigatory Placement with Pay

Appropriate Methods of Communication

EMPLOYEE ASSISTANCE PROGRAM

Coverage

Program Access

Program Cost

Leave Time

Confidentiality

Types of Referrals

Self-Referral (Informal Referral)

Supervisory Referral (Formal Referral)

Management- Directed Referral (Formal Referral)

Fitness-for-Duty/Risk Evaluation (Formal Referral)

Employee Responsibilities

Management Responsibilities

Department of Justice Human Resources Responsibilities

Department of Justice Contacts

Equal Employment Opportunity Policy

Policy

Policy Statement

North Carolina Department of Justice EEO Policy Statement

EEO Grievance Procedures

Performance Management System

Performance Management Process

Planning for the Performance Year

Key Responsibilities/Results (KRR)

Dimensions

Performance Results Expectations

Tracking Sources and Frequency for Monitoring Performance

Actual Behaviors and Comments

Managing Throughout the Performance Cycle

Addressing Poor Performance

Performance Assessment: Interim Reviews

Performance Assessment: Final Appraisal Preparation

Performance Assessment: Appraisal Meeting

North Carolina Rating Scale

Performance Salary Increases

Relationship of Performance Management to Other Human Resources Systems

Performance Management Training

Performance Management: Dispute Resolution

SECTION: 5 - GRIEVANCES AND DISPUTE RESOLUTION

GRIEVANCES

When a Grievance Can Be Filed

General Provisions

When Grievance Procedures Can Be Bypassed or Do Not Apply

Grievances Associated with Workplace Harassment

Procedures for Filing a Grievance

North Carolina Department of Justice Final Agency Decision

Grievance Committee Selection

Procedures

Scope of Inquiry

Witnesses at the Hearing

Failure to Comply With Procedures

Appeal to the Office of Administrative Hearings

Time Frames Associated with Grievance Proceedings

Employee Time Off For Grievance Activity

Appropriate Methods of Communication for Grievances

Unavailability of the Employee Relations Manager

PAY DISPUTE RESOLUTION

Purpose

Policy

Definitions

Procedure

PERFORMANCE MANAGEMENT DISPUTE RESOLUTION

Step 1

Step 2

SECTION: 6 - Workplace Environment

Alcohol and Drug Free Workplace

Federal Law Regarding Drug-Free Workplace

NCDOJ Drug-Free Workplace Policy Statement

Definitions

Alcohol and Drug Abuse as a Personal Problem

Alcohol and Drug Abuse at the Workplace

Illegal Drug and Alcohol Activity

Impairment on the Job

Employee's Responsibilities

Supervisor's Responsibilities

Illegal Drug Activity

On-The-Job Impairment

Retaliation Strictly Prohibited

Health and Safety

Safety Policy

Central Safety Committee

Central Safety Committee Leadership (CHAIRPERSON)

Satellite Safety Committee

Safety Manual

Suspicious Packages

UNLAWFUL WORKPLACE HARASSMENT

Statement of the Unlawful Workplace Harassment Policy of North Carolina

Statement of the Unlawful Workplace Harassment Policy of the N C DOJ

Definitions

Grievance Procedures and Appeal

Discipline

Dissemination

Evaluation

SECTION: 7 - NEWS AND MEDIA

Contacts with public and press

Proactive communications with the public

Responding to requests from the news media

SECTION 8- EMPLOYMENT AND RECORDS POLICIES

a.Appointment Types

i.Probationary Appointment

ii.Trainee Appointment

iii.Permanent Appointment

iv.Time-limited Permanent Appointment

v.Temporary Appointment

vi.Part-time Permanent, Trainee, or Time-Limited Appointment

vii.Temporary Part-time Appointment

viii.Intermittent Appointment

b.`Probationary/Trainee/Permanent Appointment and Career Policy

i.Length of Probationary Period

ii.Responsibility of Supervisor during Trainee Period

iii.Permanent or Time-Limited Permanent Appointment

iv.Career State Employee Defined

Creditable Service

v.Total State Service

vi.Continuous State Service

vii.Creditable Retirement Service

Identification (ID) Badge Policy

viii.Securing and Programming DOJ Badges

ix.Using DOJ Badges

x.Coverage

xi.Communication

xii.Enforcement and Compliance

c.Limitation of Political Activity

d.Notary Policy

i.Determination of Need

ii.Qualifications for Notaries

iii.Fees for notary services

iv.Official Signatures and Seal

v.Re-commissioning of Notaries

vi.Need for Additional Information on Becoming a Notary

e.MERIT BASED HIRING

f.Standard Work Schedule

i.Meal Period Defined

ii.Variable Work Schedule

iii.Limitation of Variable Work Schedule

iv.Adverse Weather

v.Hours of Work Due to Time Change

g.Telework Policy

i.Covered Employees

ii.Responsibilities of DOJ Divisions Authorizing Telework

iii.Conditions of Employment

iv.Termination of Teleworking Arrangement

Section 9- Salary Administration

h.Longevity Pay

i.Covered Employees

ii.Calculation for Longevity Pay

iii.Definitions

iv.Rate of On-Call Compensation

v.Use of On-Call Compensatory Time for FLSA Non-Exempt

vi.Overtime Pay for FLSA Non-Exempt

vii.Emergency Callback – FLSA Non-Exempt

i.Emergency Callback - FLSA Exempt:

ii.Separation or Transfer

Section 10-Benefits

b.LEAVE EARNINGS

c.Longevity Pay

d.NCFlex

e.Voluntary Supplemental Retirement Plans

f.Disability Income Plan of North Carolina

g.State Health Plan

h.Legal Defense

i.Retirement System

i.Contributions to Retirement System

ii.Retirement Formula

iii.Vesting

iv.Law Enforcement Officers can retire with:

v.Requesting Refunds of Retirement Contributions When Leaving State Government

j.Death Benefit

k.Social Security

l.DOJ Insurance Committee

m.WeSave North Carolina Program

Section 10-INFORMATION TECHONOLOGY

n.E-Mail Policy

i.Legal RISKS

o.Legal requirements

i.Best practices

ii.Writing emails:

p.Replying to emails:

i.Newsgroups:

ii.Maintenance:

iii.Personal Use

iv.Confidential information

v.Encryption

vi.Email accounts

vii.System Monitoring

viii.Sign off on Policy

q.Laptop Computer Policy

r.Standard for Use

s.References

Annual Sign-Off Agreement-

t.Cellular/Mobile Device Usage Policy

i.Purpose

ii.Definitions

iii.General Requirements/ Agency Owned And Assigned Cellular/Mobile Devices

iv.Employees Responsibilities for Agency issued Cellular/Mobile Devices

v.Employee Personal Use of Agency Assigned Mobile Devices

vi.Reassignment of Agency Assigned mobile devices

vii.Audit and Justification Process for Agency Assigned Mobile Devices

u.Mobile Device-Specific Policies

i.Cellular Phones

ii.Smartphones/Tablets

iii.Mobile Broadband Device

iv.Technical Assistance

v.Employee-Owned Mobile Devices

w.IT Services For Mobile Devices

Policy Manual Updates and Sign off

x.Timeframe for Updating Policy Manual

i.Process for making changes to DOJ Master Policy Manual

ii.Process for making changes to policies

y.Sign off on Policy Manual

1

Updated 3/15/13

North Carolina Department of Justice Policy Manual

Section 1 – Agency Overview

SECTION: 1 -AGENCY OVERVIEW

It is the policy of the Department of Justice (DOJ) that all staff will work cooperatively within and across divisions in DOJ to accomplish the mission of the department and goals established by the Attorney General. The DOJ public website gives a high level overview of DOJ and can be accessed at NC DOJ Public Website. To facilitate establishing and maintaining this environment of cooperation, a description of the department and its divisions is provided below.

The North Carolina Department of Justice (NCDOJ) is composed of the State Bureau of Investigation (SBI), Legal Services, Training and Standards, and other support functions associated with the Attorney General’s office including Human Resources (HR), Financial Services, the Public Information Office, Information Technology, and Victim’s and Citizen’s Services. The mission of the DOJ is to fight crime and fraud, to provide legal services to state government and to protect the people of North Carolina(NC) by enforcing the law and providing information to citizens so they can make educated decisions about their safety and resources. Attorney GeneralRoy Cooper heads the Department of Justice and serves as the Chief Law Enforcement Officer and the Attorney General for North Carolina.

Some of the key issues that are vitally important to the DOJ include the following:

  • Investigative support and evidence analysis for NC law enforcement,
  • Public Protection from predatory and criminal activity,
  • Provision of legal services to state agencies and the State of NC,
  • Services for victims,
  • Internet safety, including prosecution of child exploitation and protection from identify theft;
  • Prosecution of public corruption;
  • Upholding public records laws;
  • Protection for seniors from fraud and abuse, and prosecution of Medicaid fraud;
  • Resolution of consumer complaints and scam alerts for consumers and businesses;
  • Protection of all citizens as consumers, and
  • Training for law enforcement and maintenance of associated standards.

The DOJ is a citizen-centric agency, focusing on the needs of citizens as one of the primary consumers of services.

The three major divisions of the Department of Justice are summarized below:

State Bureau of Investigation (SBI):The SBI is a division of the Department of Justicethat provides investigative support and evidence analysis to local law enforcement with criminal investigations across NC. At the request of local law enforcement, the SBI agents assists with investigations such as homicides, drug crimes, terrorism, missing person’s cases, robberies, and public corruption.

The SBI has original jurisdiction in investigations involving drugs, arson, election laws, child abuse in day care centers, theft and misuse of state property, and computer crime investigations involving crimes against children. The SBI has statewide jurisdiction and assists other state agencies in the apprehension of criminals.

A central forensic laboratory in Wake County, the State Crime Lab, and regional labs in the Triad and Asheville, analyze crime scene evidence. The Lab maintains the state’s DNA database, part of the national Combined DNA Index System (CODIS).

Five sections makeup the SBI:

  • Administrative Services Division,
  • Special Operations,
  • Field Operations,
  • Professional Standards, and the
  • State Crime Lab

The DOJ provides the computer infrastructure through the agencies’ Information Technology Division (ITD) for the SBI’s mission critical environment supporting law enforcement and criminal justice users throughout the state of North Carolina and providing the link to the FBI, the National Crime Information Center (NCIC) and the other 50 states through the National Law Enforcement Telecommunication System (NLETS).

The State Automated Fingerprint Identification System (SAFIS) is a key part of the North Carolina Criminal Histories maintained by DOJ in the SBI and provided to the Federal Bureau of Investigations (FBI) and to the other 50 states. The Uniform Crime Reporting System (UCR) collects crime data from all jurisdictions across NC and is maintained by the SBI. The Sex Offender Registry (SOR) for the state of North Carolina, the NC Concealed Handguns Permit (CHP) Registry, and the Criminal History Repository also reside in the SBI.

Legal Services: The legal services division is comprised of eight divisions which provide legal representation and advice to all state government departments, agencies, and commissions. The organizational chart can be accessed at Legal Services Organizational Chart and the division sections are listed below:

The Administrative Division provides legal advice and representation to most State agencies. The following groups make up this section:

  • Services to State Agencies,
  • Elections,
  • Health and Public Assistance,
  • Human Services and Medical Facilities,
  • Real Estate, and
  • Torts.

The Civil Division handles civil claims and litigation involving the State, its officials and employees. Sections in this division include the following:

  • Insurance,
  • Labor,
  • Property Control,
  • Revenue, and
  • Transportation.

The Division also has a Western Office located in Asheville.

The Consumer Protection Division protects the public from unlawful business practices. The Division carries out this mission by educating consumers, resolving disputes between consumers and businesses, enforcing state consumer protection laws, representing the public in matters before the North Carolina Public Utilities Commission, and making policy recommendations to the legislature.

Sections in the division are comprised of

  • Consumer Protection,
  • Antitrust,
  • Telemarketing Fraud,
  • Financial Fraud, and
  • Victims and Citizens Services.

The Criminal Division handles criminal matters for which the Attorney General is responsible, including criminal appeals, death penalty cases and cases involving the Department of Public Safety’s Correction division.

Sections making up the Criminal Division are as follows:

  • Criminal Appellate,
  • Capital Litigation/Federal Habeas, and
  • Correction.

The Environmental Divisionadvises and represents the Department of Environment and Natural Resources and various environmental commissions. The Division also investigates and prosecutes environmental crimes and civil actions.

There are three sections in the Environment division:

  • Air and Natural Resources,
  • Waste Management, and
  • Water and Land.

The Law Enforcement and Prosecution’s Division provides legal representation and advice related to law enforcement and assists in prosecuting certain criminal cases. This division has four sections:

  • Crime Control and Motor Vehicles, which represents the Department of Public Safety’s Crime Control and Public Safety Division, including the Highway Patrol and Division of Motor Vehicles;
  • Law Enforcement Liaison, which provides legal support to the North Carolina Criminal Justice Education and Training Standards Commission, North Carolina Sheriffs' Education and Training Standards Commission, Company and Campus Police Program, North Carolina Alcoholic Beverage Control Commission and the State Bureau of Investigation's Criminal Information and Identification Section (formerly Division of Criminal Information);
  • Medicaid Investigations, which investigates Medicaid fraud and abuse; and
  • Special Prosecutions, which prosecutes or assists in criminal cases upon request of a local district attorney.

The Special Litigation Division handles complex litigation in which the public has a vital stake. Within this Division, the Education Section represents the University of North Carolina System, the State Board of Education, the Department of Public Instruction, and the Department of Community Colleges. Staff members also advise local school boards and public school administrators.

The Office of the Solicitor Generalis responsible for handling civil appeals before state and federal appellate courts and coordinates the agency's participation in amicus briefs.

The Attorney General provides legal opinions at the request of other public officials and handles all criminal appeals from state trial courts. When public interests are at stake, the Attorney General can take legal action on behalf of the State and its citizens.

Training and Standards: The third major division of DOJ is Training and Standards and the organization chart can be accessed at Training and Standards Organizational Chart.