Department Operations Manual

31100.6 Manner of Disqualification In the case of a person who is the head of an agency, this determination and disclosure shall be made in writing to the appointing authority. When a person in a designated position determines that he or she should not make a governmental decision because of an economic interest, the determination not to act shall be accompanied by disclosure of the economic interest. Head of Agency Board/Commission Members If the person is a board or commission member, the determination and disclosure shall be entered into the official record at the meeting during which consideration of the decision takes place. Other Persons In the case of other persons, this determination and disclosure shall be made in writing to the person's supervisor. • Upon receipt of the determination and disclosure, the supervisor shall immediately reassign the matter to another person. • After reassignment of the matter, the supervisor shall forward the determination and disclosure with a notation of the reassignment to the local personnel office for forwarding to the Filing Officer. 31100.7

31100.7 Revisions The Deputy Director, HR shall ensure that the content of this section is accurate and current. 31100.8

31100.8 References CCR (2) § 18730. GC § 81000 et. seq. CCR (15) (7) § 7001 A RTICLE 11 — S MOKING – N ONSMOKING AND T OBACCO Revised August 22, 2005 31110.1

31110.1 Policy To provide a healthful, comfortable, and productive work environment for employees, the Governor of the State of California has prohibited cigarette, cigar, and pipe smoking in all State-owned, leased, or occupied buildings. In addition, the Secretary, under the authority of Penal Code § 5030 and 5058, has prohibited the use and possession of all tobacco products at all institutions and facilities that house or detain inmates, with the exception of residential staff housing when inmates are not present. Employees shall not use or possess tobacco products in the presence of inmates. Tobacco products for personal use off institution/facility grounds shall be secured in a locked private vehicle. Smoking is also prohibited in all State passenger vehicles and any other mobile-enclosed equipment. Tobacco product advertising is not allowed inside any State-owned or occupied building unless it is contained in a program, leaflet, newspaper, magazine, or other written material lawfully sold, brought, or distributed within a State building. Posting of any tobacco product or smoking advertisement is prohibited (posters, signs, written, or visual material). Smoking is not allowed within 20 feet of a main entrance, exit, or operative window of a public building. 31110.2

31110.2 Purpose This Article designates the Department’s responsibilities in providing a smoke-free environment for all employees. Collective Bargaining Disclaimer If any non-statutory provision of this Article conflicts with collective bargaining agreements, the collective bargaining agreement shall prevail as it relates to the specific represented group unless legal exceptions or required legislative action apply. 31110.3

31110.3 Responsibility All employees shall: 1. Adhere to and enforce this Policy. 2. Attempt to resolve disagreements informally. 3. Bring to the attention of the appropriate supervisor any conflicts which cannot be resolved informally. All supervisors shall ensure that: • No smoking occurs in a State-owned, leased, or occupied building. • No smoking is allowed within 20 feet of a main entrance or exit or operative window of a building. • No smoking occures in any State-owned passenger vehicle. Smoking is also prohibited in all other State-owned mobile equipment including light and heavy trucks, cargo and passenger vans, buses, and any other mobile equipment with an enclosed drive/passenger compartment. • No smoking or tobacco possession occurs at any institution/facility that houses or detains inmates except for residential staff housing when inmates are not present. Employees shall not use or possess tobacco products in the presence of inmates. Staff possession or use of smoking or tobacco products, as defined in this Policy, shall be subject to the progressive disciplinary process. Any staff involved with the distribution of smoking or tobacco related products, as defined in this Policy, for an inmate and/or for personal gain, shall be subject to adverse action as defined in Department Operations Manual, Chapter 3, Article 22, Adverse Personnel Actions. Hiring authorities shall establish local smoking and tobacco policies, which are consistent with the provisions of this Section and the Governor's Executive Order W-42-93, Government Code (GC) sections 7596 through 7598, 19994.30 through 19994.35, and Section 5030.1 of the Penal Code. 31110.4

31110.4 Definition Smoke or smoking means inhaling, exhaling, burning, or carrying any lighted cigarette, cigar, pipe, or smoking paraphernalia used for consuming the smoke of tobacco or any other burning product. Tobacco product means any product that contains tobacco, the prepared leaves of any plant belonging to the nicotiana family, which shall include, but not be limited to, cigarettes, loose tobacco, cigars, snuff, chewing tobacco, or any other preparation of tobacco, tobacco substitutes, smoking paraphernalia, and all other items developed or processed for the primary purpose of facilitating the use or possession of tobacco or tobacco related products as well as packaging material. Packaging material includes, but is not limited to, snuff or cigarette containers. 31110.5

31110.5 Smoke Breaks Time taken away from an employee’s work station shall not exceed the total time an employee is otherwise authorized to take for rest periods. Smoke breaks are in lieu of regular breaks or rest periods and shall be permitted at the discretion of the supervisor. 31110.6

31110.6 Smoking and Tobacco Areas Revised March 22, 2012 Smoking areas shall be designated for the purpose of departmentally approved inmate religious ceremonies by the respective facility head. Smoking and tobacco use are permitted in state-owned housing serving as the primary residence for State employees when inmates are not present. Smoking and tobacco use in temporary residential space at correctional training academies and in Staff Quarters at conservation camps will be permitted only in designated areas with designated times to be determined by local operational procedures. 31110.7

31110.7 Nonsmoking and Non-Tobacco Areas Signs shall be posted at entrances of all areas designated “no smoking” or “no tobacco products use or possession,” along with a citation of the authority requiring such prohibition. No person shall smoke in any building, areas of any building, or group of buildings owned, leased, or utilized by the Department, with the exception of state-owned housing serving as the primary residence for State employees, when inmates are not present. This shall include, but is not limited to, institutions, facilities, conservation camps, community correctional, reentry, furlough and restitution centers, and family visiting units. Smoking or tobacco possession is prohibited at any institution/facility that houses or detains inmates except for residential staff housing when inmates are not present.

31110.8 Smoking/Tobacco Cessation Assistance The Department urges smokers to contact the local chapter of any not-for- profit smoking cessation organization such as the American Lung Association for more information about smoking and tobacco cessation programs. These programs provide for a supportive environment in which employees can quit smoking and tobacco use through education. The Department ’ s Office of Risk Management shall periodically distribute helpful literature for those interested in such programs. Additional information can be obtained from the local and/or departmental Employee Assistance Program Coordinator, Headquarters. 311108.1

311108.1 Training The Department may offer smoking and tobacco cessation programs using existing employee training funds for presentation during normal working hours. Upon initial employment, all hiring authorities shall inform employees about the smoking and tobacco use prohibition, the areas where smoking or tobacco use is permitted, and the availability of smoking and tobacco cessation programs. Enrollment in a smoking or tobacco cessation program is voluntary. 31110.9

31110.9 Smoking Complaints Resolution of any smoking or tobacco product disagreement on behalf of an employee may be pursued through the Department’ s complaint process. Refer to the applicable bargaining unit contract or excluded employee complaint form for the process to file a complaint. Disputes relating to this Policy are subject to the provisions of Department of Personnel Administration Rule 599.859 for non-represented employees and the various bargaining unit contracts for represented employees. 31110.10

31110.10 Revisions The Chief Deputy Secretary, Adult Operations, or designee shall be responsible for ensuring that the contents of this Article are kept current and accurate. 31110.11

31110.11 References GC §§ 7596 through 7598, 19994.30, 19994.33, and 19994.35. Penal Code § 5030.1. Governor's Executive Order W-42-93. CCR (15), §3187, 3188, and 3189. Management Memorandum 93-30. DPA Rule 599.859. A RTICLE 12 — S TAFF M EETINGS Effective January 21, 1989 31120.1

31120.1 Policy Staff meetings shall be held to bring about better communication. 31120.2

31120.2 Purpose This section establishes format and distribution of staff meeting minutes. 31120.3

31120.3 Schedule Staff meetings shall be scheduled as follows: • Major divisions As deemed necessary in an institution by division head. • Other units As deemed necessary by supervisor. 31120.4

31120.4 Minutes Brief minutes of the meeting of divisions within institutions shall be prepared as soon as possible but no later than seven days from the meeting date. 31120.4.1

31120.4.1 Format The format shall be: (NAME OF INSTITUTION) Minutes of __________________________ Staff Meeting (Date) Present_________________________________________ Dr._______________ (position titles unnecessary) Absent ______________________________________ Chairperson ________ Time Commenced ________ Time Adjourned: ________ 1. (Short title of item underlined) Summarize discussion of item to include salient points; show disposition; as assignment is made, specify to whom: report policy decisions. 2. _______________________________ 3. _______________________________ Use both sides of paper if minutes are more than one page in length. _______________________________________________________ Approval of Chairperson Signature of Reporter 31120.5