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 If you believe information in this policy manual is inaccurate or out-of-date, please notify DOJ HR in writing.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
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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
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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.