Chapter 3 – Personnel, Training, and Employee Relations

31020.12.1 Responsibilities

• Hiring Authority

  • The Hiring Authority (HA) shall:

    • Comply with the CDCRCalifornia Department of Corrections and Rehabilitation Code of Conduct and General Qualifications as defined in DOMDepartment Operations Manual sections 33030.3.1 and 33030.3.2.

    • Comply with employee and appointee conduct as outlined in state regulations including, but not limited to, being alert, courteous, and professional in their dealings with incarcerated individuals, supervised individuals, fellow employees, and members of the public; avoid the use of indecent, abusive, profane or otherwise improper language while on duty; and avoid irresponsible or unethical conduct or conduct reflecting discredit on themselves or the department, either on or off duty.

    • Foster a supportive and amicable work environment.

    • Maintain a Workplace Violence Prevention Plan in accordance with CCRCalifornia Code of Regulations Title 8, Section 3203.

    • Review workplace violence incidents, take appropriate action, document the results, and maintain records.

      • For applicable HQ programs, the HA shall complete the summary of the assessment on the CDCRCalifornia Department of Corrections and Rehabilitation Form 1903, Workplace Violence Assessment Summary, within 30 calendar days of receiving a complaint.

    • Consult with the Office of Legal Affairs regarding any Temporary Restraining Orders.

    • Contact the Office of Internal Affairs to request a formal investigation when the collected evidence establishes a reasonable belief that the level of alleged misconduct rises to adverse action.

    • Workplace violence related to an EEOEqual Employment Opportunity Office (see Office of Internal Affairs) protected group or characteristic shall follow the EEOEqual Employment Opportunity Office (see Office of Internal Affairs) discrimination complaint process, as outlined in DOMDepartment Operations Manual section 31010.9.

• Manager’s and Supervisor’s Responsibility

  • Managers and supervisors shall:

    • Comply with the CDCRCalifornia Department of Corrections and Rehabilitation Code of Conduct and General Qualifications as defined in DOMDepartment Operations Manual sections 33030.3.1 and 33030.3.2.

    • Comply with employee and appointee conduct as outlined in state regulations including, but not limited to, being alert, courteous, and professional in their dealings with incarcerated individuals, supervised individuals, fellow employees, and members of the public; avoid the use of indecent, abusive, profane or otherwise improper language while on duty; and avoid irresponsible or unethical conduct or conduct reflecting discredit on themselves or the department, either on or off duty.

    • Foster a supportive, amicable work environment.

    • Communicate openly and give employees support and recognition.

    • Be a role model and enforce safe and healthy work practices.

    • Participate in training on how to resolve conflicts.

    • Recognize potentially threatening situations for performing state business.

    • Comply with work practices that are designed to make the workplace more secure.

    • Adhere to the incident reporting procedures.

    • Offer Employee Assistance Program (EAPEmployee Assistance Program) to affected staff. EAPEmployee Assistance Program provides employees with free, easily accessible and confidential resources for addressing personal concerns.

    • Refer employees to Office of Employee Wellness for Peer Support Programs.

    • Take all reports of workplace violence seriously.

    • Conduct a follow-up information gathering session with all involved employees to determine the facts, when directed by the HA.

    • Report all incidents to the HA or designee in writing. Document verbal reports when a reporting party or witness is not able to complete a written report.

    • Take corrective action, when necessary.

    • Provide notification of any Temporary Restraining Orders in accordance with local operating procedures.

• Employees

  • All CDCRCalifornia Department of Corrections and Rehabilitation employees shall:

    • Comply with the CDCRCalifornia Department of Corrections and Rehabilitation Code of Conduct and General Qualifications as defined in DOMDepartment Operations Manual sections 33030.3.1 and 33030.3.2.

    • Comply with employee and appointee conduct as outlined in state regulations including, but not limited to, being alert, courteous, and professional in their dealings with incarcerated individuals, supervised individuals, fellow employees, and members of the public; avoid the use of indecent, abusive, profane or otherwise improper language while on duty; and avoid irresponsible or unethical conduct or conduct reflecting discredit on themselves or the department, either on or off duty.

    • Act professionally, courteously, and responsibly at all times.

    • Adhere to workplace violence prevention training requirements.

    • Immediately report any and all acts of workplace violence to their supervisor or manager.

      • Employees may report directly to their HA when the alleged act of violence involves managers and supervisors.

    • Follow up on the initial verbal report with written documentation, which should include the following critical information: names of the involved parties (i.e., reporting party, respondent, and witnesses), a description of what occurred, when and where the incident took place, and if known, why it happened.

      • For applicable HQ programs, complete the CDCRCalifornia Department of Corrections and Rehabilitation Form 1892, Workplace Violence Incident Report and submit within 24 hours of an incident.

    • HQ employees shall call 911 if there is an immediate threat to the life or safety of employees, the public, or state property.

    • Complete a CDCRCalifornia Department of Corrections and Rehabilitation Form 1904, Workplace Violence Witness Statement, if appropriate.

    • Provide notification of any Temporary Restraining Orders in accordance with local operating procedures.

  • Workplace Violence Incident Reporting Process

    • If an employee reasonably alleges a workplace violence incident has occurred, they shall submit a complaint in accordance with their local operating procedures.

    • For threats made against staff by an incarcerated or supervised person, or a family member or associate of an incarcerated or supervised person, follow DOMDepartment Operations Manual sections 12040.1-12040.11.

  • Imminent Danger

    • Employees shall call 911, or follow local operating procedures, if there is an immediate workplace violence threat to the life or safety of employees, the public, or state property.

  • Workplace Violence Records

    • The HA is required to maintain workplace violence records for at least one year, or as required due to a business necessity such as pending litigation or legal hold.

  • Retaliation

    • Employees shall not engage in acts of reprisal or retaliation, or otherwise attempt to prevent efforts to disclose or initiate a workplace violence complaint.