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Old 05-30-2006, 10:43 AM
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Default WA DOC Policy: General Administration Policies

Please check the Washington DOC website for regular updates:
http://www.doc.wa.gov/Policies/default.aspx?show=100


WA DOC Policy: General Administration Policies


100.500 Non-Discrimination


120.500 Offender Tort Claims


150.100 Public Information and Media Relations


190.500 Smoking Policy


Memo from the Secretary

Last edited by PattiD1157; 06-18-2006 at 05:09 PM..
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  #2  
Old 05-30-2006, 10:44 AM
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Default 100.500 Non-Discrimination

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS POLICY DIRECTIVE

DEPARTMENT WIDE

NUMBER
DOC 100.500

SIGNATURE DATE
JOSEPH D. LEHMAN, SECRETARY

EFFECTIVE DATE
4/28/04

TITLE NON-DISCRIMINATION

SUPERSESSION:

DOC 100.500 effective 2/24/92

REFERENCES:

DOC 100.100 is hereby incorporated into this Policy Directive; Civil Rights Act of 1991; RCW 49.60; RCW 70.84; WAC 162; WAC 356-24; Governor’s Executive Order 93-07, 96-04; ACA 6A-05; ACA 6B-01; DOC 550.100 Offender Grievance Program; DOC 840.150 Internal Discrimination Complaint; Collective Bargaining Agreement; Washington State Human Rights Commission; Equal Employment Opportunity Act (EEOC) Compliance Manual/Enforcement Guidance 2/97

POLICY:

I. [6A-05] [6B-01] The Department prohibits discrimination or acting unfairly or illegally on the basis of national origin, race, color, religion, age, gender, marital status, sexual orientation, status as a Vietnam era veteran, wartime veteran, or disabled veteran, or the presence of a physical, mental, or sensory disability.

II. All applicable Federal and State Laws, regulations, and Executive Orders regarding non-discrimination will be followed.

III. The Department shall provide relief from any form of discrimination in the workplace and shall establish guidelines for reporting discrimination.

DIRECTIVE:

I. General Requirements


A. The following employment practices shall be non-discriminatory:
1. Recruitment,
2. Interviewing,
3. Hiring,
4. Training,
5. Promotion,
6. Compensation,
7. Benefits,
8. Lay off, and
9. Termination.
B. Allegations of discrimination will be investigated. When discrimination has been substantiated in a fact-finding process, appropriate corrective or disciplinary action shall be taken, up to and including dismissal.

II. Responsibilities


A. All Executive and Extended Management/designee(s) will accomplish the following:
1. Ensure that an appropriate investigation is conducted when s/he becomes aware of the alleged discrimination.
2. Identify practices or procedures that could have the effect of discrimination and take steps to eliminate the discriminatory potential.
3. Establish proactive recruitment/development/mentoring programs that support the inclusion and success of diverse and/or affected class groups.
4. Ensure that offender programs are free from discrimination.
B. All supervisors have a duty to prevent discrimination from occurring in the workplace.
1. When a supervisor is informed of alleged discrimination, s/he shall promptly notify the respective appointing authority, Workplace Diversity designee, Human Resources Representative, or the Workplace Diversity Section.
2. Supervisors shall maintain confidentiality of the alleged discrimination to the extent possible.
3. Supervisors who fail to take prompt and immediate steps to eliminate and/or report discrimination or retaliation as a result of reporting discrimination shall be subject to corrective/disciplinary action.
C. Employees
1. Employees shall conduct themselves at all times in the workplace in a manner free from discrimination.
2. Employees shall not retaliate against other employees or offenders who file discrimination complaints.
3. Employees who experience or witness behavior or practices they believe may be discriminatory have a duty to report the potential discrimination to their supervisor, the appointing authority, the Human Resources office, or the Workplace Diversity Section.
III. Complaints

A. When an employee believes s/he is being discriminated against, s/he should report the alleged discrimination to his/her supervisor. When an employee believes s/he is being discriminated against by his/her supervisor or the supervisor is unavailable, s/he should contact the appointing authority, the Human Resource Consultant/Manager, and/or the Department’s Workplace Diversity Section to report the discrimination or request assistance in dealing with it.

B. Employees have the right to file a formal Internal Discrimination Complaint per DOC 840.150 Internal Discrimination Complaint

C. Any offender who feels s/he is being discriminated against may file a complaint via the Department’s Offender Grievance Process per DOC 550.100 Offender Grievance Program.

IV. Retaliation
A. Retaliation against any complainant or person who participates in allegations or investigations is considered a violation under the provision of WAC 356-24.

V. Education and Training
A. New employees will receive training on non-discrimination and diversity within the first 6 months of employment.

DEFINITIONS:
Words/terms appearing in this Policy Directive may be defined in the Glossary section of the Policy Directive Manual.

ATTACHMENTS:
None

DOC FORMS (See Appendix):

None
  #3  
Old 05-30-2006, 10:46 AM
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Default 120.500 Offender Tort Claims

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS POLICY DIRECTIVE

PRISON/PRE-RELEASE/ WORK RELEASE

NUMBER DOC 120.500

SIGNATURE DATE
JOSEPH D. LEHMAN, SECRETARY

EFFECTIVE DATE
8/27/01

TITLE OFFENDER TORT CLAIMS

SUPERSESSION:
DOC 120.500 effective 3/25/99

REFERENCES:
DOC 100.100 is hereby incorporated into this Policy Directive; RCW 4.92

POLICY:

I. All offender tort claims alleging personal property damage/loss must be filed by the offender with the State Office of Risk Management (ORM), Department of General Administration. The Department does not assume responsibility for filing claims with ORM.

II. Payment of claims and judgments arising out of tortious conduct shall not be made by any agency or department of state government other than the State Office of Risk Management. That office shall authorize and direct the payment of monies from available fund resources.

DIRECTIVE:

I. Responsibility

A. Staff and offenders are responsible for complying with Department Policy Directives and facility Field Instructions related to the handling of offender personal property.

B. Tort claim investigations are requested by ORM and should be considered Attorney/Client Privileged. Department staff are cautioned to refrain from discussing tort claims, except with appropriate staff assigned to investigate them.

C. Each facility Superintendent/supervisor shall assign a staff to be responsible for the management of tort claims. The facility Tort Claim Manager will:
1. Ensure coordination with the Grievance Coordinator and Legal Liaison at each facility;
2. Develop a facility procedure for processing tort claims;
3. Ensure SF 210 Standard General Liability Tort Claim is available to offenders upon request;
4. Ensure DOC 05-100 Tort Claim Log is maintained by the facility;
5. When a tort claim is received from ORM, assign an appropriate staff who is not a party to the tort claim to investigate it;
6. Ensure a tort claim investigation is initiated and completed in a timely manner;
7. Review and approve investigative reports and make appropriate recommendations to facility management; and
8. If the investigation reveals another facility's involvement, ensure that a copy of the claim and investigation is sent to that facility and ORM.
II. Processing of Tort Claims

A. An offender shall complete SF 210 Standard General Liability Tort Claim and send it to ORM at the address noted on the claim form.

B. Upon receipt, ORM will review the claim and assign it to the appropriate office for investigation.

III. Investigating Claims

A. Tort claims should be investigated as soon as possible by a supervisor or administrator who is not named as a party to the claim. The investigator should:
1. Contact and interview persons involved in the claim, unless there is no concrete evidence linking them to the claim. An explanation should be provided when named witnesses are not contacted;
2. Review all related documentation; and
3. Submit a written report.
IV. Reporting Requirements

A. The written report should:
1. Include a full narrative of what happened that addresses:
a. A description of the conduct and circumstances which brought about the alleged injury or damage;
b. The date, time, and place the alleged damage occurred;
c. The names of person(s) involved; and
d. The residence of the claimant at the time of the alleged loss and when s/he filed the claim.
2. Provide information to:
a. Indicate whether actual loss/injury or damage occurred; and
b. Identify procedures, WACs, rules, regulations, or statutes pertinent to the claim.
3. Contain the following information, if a loss or damage occurred:
a. The condition of the property;
b. Fair market value of the property at the time of loss or destruction or a reasonable cost of repair;
c. Age of property;
d. Identifiable description (i.e., brand name, make, model, serial number); and
e. Recommended amount of payment and reasons for the recommendation.
4. Have copies of relevant documents attached.
B. The tort claims investigation report should be submitted to the facility Tort Claim Manager for review. The Tort Claim Manager shall forward the report to the facility Superintendent/supervisor. The tort claims investigation report should be sent to ORM within 30 days of receipt of the claim unless an extension is granted due to special circumstances.

DEFINITIONS:

The following words/terms are important to this Policy Directive and are italicized and defined in the Glossary section of the Policy Directive Manual: Tort, Tort Claim. Other words/terms appearing in this Policy Directive may also be defined in the glossary.

ATTACHMENTS:

None

DOC FORMS (See Appendix):

DOC 05-100 Tort Claim Log
  #4  
Old 05-30-2006, 10:47 AM
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Default 150.100 Public Information and Media Relations

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS POLICY DIRECTIVE

DEPARTMENT WIDE
NUMBER
DOC 150.100

SIGNATURE JOSEPH D. LEHMAN, SECRETARY

EFFECTIVE DATE
12/27/00
PAGE NUMBER
1 of 5

TITLE PUBLIC INFORMATION AND MEDIA RELATIONS

SUPERSESSION:

DOC 150.100 effective 1/31/98

REFERENCES:

DOC 100.100 is hereby incorporated into this Policy Directive; RCW 10.97; ACA 3-4021; ACA 3-4021-1; ACA 3-4022; ACA 3-4267; ACA 7F-01; ACA 7F-02; ACA 7F-03; DOC 280.510 Public Disclosure of Records; DOC 400.100 Duty Officer/Reporting of Emergencies and Significant Events; DOC 410.160 Emergency Media Management; DOC 420.340 Searches of Visitors; DOC 450.200 Telephone Use by Offenders; DOC 450.100 Mail for Offenders; DOC 450.300 Visits for Prison and Pre-Release Offenders; DOC Media Relations Handbook

POLICY:

I. Public information is an integral element of the Department's mission. The Department encourages interaction with the public and the news media. [3-4021] [7F-01]

II. Staff shall provide the public, media, and other agencies accurate and timely information in compliance with DOC 280.510 Public Disclosure of Records, DOC Media Relations Handbook, and security objectives of the Department.

DIRECTIVE:

I. Responsible Staff

A. The Department’s Public Information Chief is responsible for the administration of the Public Information Program and shall:
1. Coordinate dissemination of information relating to Department wide initiatives;
2. Serve as the Department’s spokesperson; and
3. Provide training and support to staff.
B. The Headquarters Public Information Officer (PIO) assists the Public Information Chief and serves as liaison to the Department’s Regional Public Information Teams.

C. PIOs shall be identified as follows:
1. Each facility Superintendent/Supervisor shall identify a PIO for his/her facility.
2. The Correctional Industries (CI) Administrator shall identify a PIO for CI operations.
3. The field office Supervisor shall serve as the PIO, unless the Field
Administrator (FA) identifies otherwise.
D. Each Regional Administrator (RA) shall establish a Regional Public Information Team and designate a Team Leader.
1. All PIOs will serve as members of the team.
2. Regional Public Information Teams shall develop and maintain a regional public information plan that includes:
a. Lists of elected/public officials, community resource persons and locations, and news media representatives;
b. Lists of regional/site specific promotional multi-media materials;
c. Situational based notification procedures (i.e., press notification, stakeholder notification); and
d. Provisions for training staff in media relations.
II. Public Information Officer/Regional Team Leader Responsibilities

A. Establish a process for informing the public and representatives of the news media of newsworthy events within the facility/office that, at a minimum, includes: [3-4021-1]
1. The identification of areas in the facility/office that are accessible to representatives of the news media;
2. The contact person(s) for routine requests for information;
3. Confidentiality of data and information protected by federal or state privacy laws, or federal and state freedom of information laws;
4. Special events coverage;
5. News releases; and
6. The designation of individuals or positions within the facility authorized to speak with representatives of the news media on behalf of the facility/office.
B. Send a copy of published news articles concerning his/her facility/office to the RA and Public Information Chief.

C. Review articles submitted for the Department’s newsletter by staff in their assigned area and forward to the Headquarters PIO by the first of the month.

D. Document all media contact on DOC 02-373 Media Contact Log and forward a copy to the RA and Public Information Chief by the 5th of every month.

III. News Releases

A. News releases of interest to local/regional media may be released by a PIO/Regional Team Leader and shall be shared with the Public Information Chief/designee. [3-4021-1]

B. News releases with statewide/national interest shall be reviewed and approved by the Public Information Chief/designee, when feasible.

C. Emergency news releases shall be handled per DOC 410.160 Emergency Media Management.

IV. Media Contacts

A. Any staff member contacted by a representative of the news media must inform his/her supervisor. Facility staff shall also inform the PIO. Field office staff shall also inform the Regional Team Leader.

B. Any staff member contacted directly by the news media shall:
1. Refer the inquiry to the appropriate staff;
2. Provide a factual response, if in their area of responsibility/expertise; or
3. Coordinate a response with the PIO/Regional Public Information Team/ Headquarters PIO.
C. Staff shall inform their supervisor and PIO of any events that may attract public and/or news interest.

V. Media Access

A. News media representatives consist of persons whose principal employment is gathering and reporting news for a:
1. Radio or television program whose primary purpose is news reporting for a licensee of the Federal Communications Commission;
2. Newspaper reporting general interest information news and circulated to the public in the community where it is published;
3. News magazine that has a national circulation, is sold by mail subscriptions, or on newsstands to the general public; and
4. National or international news service.
B. Pre-arranged news media visits to facilities are encouraged. News media representatives shall request access to the facility in writing and provide the following information:
1. Full name, social security number, date of birth, race, and gender for the purpose of NCIC/WASIC background checks;
2. Purpose of visit;
3. Time and duration of visit;
4. Identity of staff/offender(s) to be seen, if applicable; and
5. Proposed use of camera or other recording devices. The PIO or facility Superintendent/Supervisor must approve possession of news media cameras and recording devices before being allowed into the facility.
C. News media representatives must provide positive identification. Foreign media, except for Canadians, must have an “I” Visa on their passport.

D. Representatives of news media visiting a facility are subject to search procedures per DOC 420.340 Searches of Visitors.

E. Staff shall ensure media representatives sign the completed DOC 21-900 Media Visit Information Sheet and complete and sign DOC 21-902 News Media Agreement prior to being allowed into the facility.

F. [3-4022] News media representatives must be escorted by staff. Random access, not specific to the purpose of the visit, is prohibited.

G. During an emergency, news media representatives will be restricted to a designated media center per DOC 410.160 Emergency Media Management.

VI. Incarcerated Offender Interviews

A. Offenders may correspond with representatives of the news media via US Mail in accordance with DOC 450.100 Mail for Offenders and may be permitted in-person interviews and/or telephonic interviews per DOC 450.200 Telephone Use by Offenders with representatives of the news media. [3-4267]

B. News media representatives must obtain the offender’s permission in writing prior to an interview being scheduled. [3-4267] [7F-02] [7F-03]
1. Offender interviews shall be scheduled at times that are not disruptive to the orderly operations and security of the facility.
C. The facility Superintendent/Supervisor may deny or restrict in-person interviews if such contact is determined to be disruptive or a threat to the safety, security, and/or orderly operation of the facility. Representatives of the news media may be denied in-person contact if the offender:
1. Has been segregated for disciplinary reasons;
2. Is undergoing mental health treatment;
3. Has filed criminal charges against another offender; or
4. Has been determined to endanger the security of the facility.
D. Offenders shall complete DOC 21-901 Offender Consent to Contact with News Media prior to any interview, filming, taping, photographing, or voice recording. [3-4022] [3-4267]

E. Offenders cannot accept compensation, or anything of value, for news media interviews.

VII. Staff Interviews

A. On duty, in-person interviews and photographs of Department staff may be permitted only with prior authorization of the facility/office Superintendent/Supervisor and the staff member.
1. Department staff cannot accept compensation for on duty news media interviews.
2. Photographing on duty staff without their consent is prohibited.
DEFINITIONS:

Words/terms appearing in this Policy Directive may be defined in the Glossary section of the Policy Directive Manual.

ATTACHMENTS:

None

DOC FORMS (See Appendix):

DOC 02-373 Media Contact Log
DOC 21-900 Media Visit Information Sheet
DOC 21-901 Offender Consent to Contact with News Media
DOC 21-902 News Media Agreement
  #5  
Old 05-30-2006, 10:48 AM
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Default 190.500 Smoking Policy

DEPARTMENT WIDE

NUMBER DOC 190.500

EFFECTIVE DATE
11/1/04

STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS POLICY DIRECTIVE

SIGNATURE DATE
JOSEPH D. LEHMAN, SECRETARY

TITLE SMOKING POLICY

SUPERSESSION:
DOC 190.500 effective 3/1/04

REFERENCES:
DOC 100.100 is hereby incorporated into this Policy Directive; RCW 70.160; DOC 560.200 Religious Freedom

POLICY:

In an effort to provide a safe, healthy, and productive environment for employees, offenders, and visitors, the use of tobacco products not authorized by this Policy Directive is prohibited in Department owned or leased offices, Prison, Pre-Release and Work Release facilities, and vehicles.

DIRECTIVE:

General Requirements

Smoking is not permitted in Department facilities, offices, or vehicles.

Signs shall be posted at entrances to Department facilities and offices to clearly identify them as smoke-free areas.

Alternative tobacco-free products are not permitted for use.

Staff will be permitted to use Nicotine Replacement Therapy (NRT), nicotine gum, and chewing tobacco. Staff will be allowed to have these products with them.

Prison and Pre-Release Facilities

Smoking is prohibited within the perimeter of Prison and Pre-Release facilities.

The possession of tobacco and other smoking products, not authorized by this Policy Directive, is not permitted within any Prison or Pre-Release facility or on facility grounds, with the following exceptions:

Staff will be allowed to smoke outside the secure perimeter of Prison facilities during their scheduled breaks or just before or after their scheduled hours of work, in an area(s) designated by the Superintendent.

This smoking area should be reasonably accessible to staff and preferably out of view of offenders.

Prison facility management need to put into place a method to ensure the smoking area is kept clean and that staff remove their own cigarette butts to preclude the introduction of contraband tobacco into the facility.

Staff, contract staff, volunteers, and visitors may secure unauthorized tobacco products in their personal vehicles.

The Superintendents of Prison facilities may designate other areas, such as lockers, for staff to secure unauthorized tobacco products.

Offenders will not be permitted to use any tobacco products. Offenders may have access to:

NRT products through the inmate store.

Smoke producing substances for religious practices as authorized by DOC 560.200 Religious Freedom.

Off site work crew officers and Department of Natural Resource crew supervisors may not smoke in the presence of offenders.

Corrective and/or disciplinary action may be initiated on employees for the introduction of any tobacco products, that are not authorized by this Policy Directive, into a Pre-Release facility and into the secure perimeter of a Prison facility.

Disciplinary measures may be initiated on offenders for the possession of any tobacco products or materials in a facility or on facility grounds.

When practical, smoking cessation assistance will be provided for staff and offenders without charge.

This Policy Directive is not applicable to staff residences at McNeil Island Corrections Center (MICC) or Washington State Penitentiary (WSP). This does not, however, preclude the ability of the Appointing Authority from designating these residences as smoke free as they become vacant and before the next staff member assumes occupancy.

Stafford Creek Corrections Center (SCCC) will remain a tobacco-free facility and none of the exceptions in this Policy Directive apply to that facility.

Headquarters, Work Release Facilities, and Offices

Smoking or the use of any unauthorized tobacco products is prohibited in Headquarters, Work Release facilities, and all Department offices; this includes areas such as entryways, lanais, etc. In locations where the Department leases space and is not the sole tenant, staff may use the smoking area(s) designated by the building owner.

Smoking is prohibited within 15 feet of any facility or office entrance or vent intake. Ash cans should not be placed near any entrances.

Individuals who smoke are required to select smoking areas more than 15 feet from any access/egress that are unobtrusive and will maintain a professional appearance to the general public.

Vehicles

Smoking and the use of unauthorized tobacco products are prohibited in state vehicles.

DEFINITIONS:

Words/terms appearing in this Policy Directive may be defined in the Glossary Section of the Policy Directive Manual.

ATTACHMENTS:

None

DOC FORMS (See Appendix):

None
  #6  
Old 05-30-2006, 10:49 AM
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