UNC Police: General Order 00-01R13 - Rules and Regulations

Title

UNC Police: General Order 00-01R13 - Rules and Regulations

Document Information

Purpose

Personnel guidelines are a necessity in any organization if it is to achieve the purposes for which it is established. This is particularly true in a public safety agency where the reputation of the Department is fundamentally dependent upon the personal conduct and professional competence of its individual members. Therefore, the following Rules and Regulations of the University of North Carolina at Chapel Hill Police Department (UNC-CH Police Department) have been adopted to give employees a clear understanding of what is expected of them.

(26.1.1, 1.2.2)

Policy

The following Rules and Regulations are applicable to each employee of the Department and violation of these will result in disciplinary actions. Supervisors shall take necessary and prompt action to insure compliance with these regulations. Those Rules and Regulations that apply only to sworn officers are so indicated when applicable.

(26.1.1, 1.2.2)

Procedure

I. Obedience to Orders, Laws, and Regulations

A. Obedience to Laws

Employees shall abide by the laws of the United States, the State of North Carolina, and the ordinances of the Town of Chapel Hill. Any employee charged with a violation of criminal or traffic law will report such fact in writing to the Chief of Police through the appropriate chain of command. Notification is to be made by the employee on his/her next scheduled workday and shall include all pertinent facts concerning the violation. Violations of traffic laws apply only to employees who are required to maintain a valid North Carolina Driver's License as a condition of employment.

B. Obedience to Rules of Conduct

Employees, regardless of rank or position, shall be governed by the following general rules of conduct: General Orders, Special Orders, S.O.P.s, and directives. Violation of any of these directives by any employee of the Department shall be considered sufficient cause for dismissal, demotion, suspension, or other disciplinary action.

C. Issuance of Unlawful Orders

No supervisor shall knowingly, willingly, or negligently issue an order that violates a federal or state law or city ordinance.

D. Obedience to Unlawful Orders

No employee is required to obey an order that is contrary to the laws of the United States, the State of North Carolina, or the ordinances of the Town of Chapel Hill. An employee who receives an unlawful order shall first advise the person issuing the order of the conflict. If the order is not modified or canceled, then the employee shall report in writing the full facts of the incident and his/her action to the Chief of Police through the appropriate chain of command.

E. Conflict of Orders

If an employee is given an order conflicting with a prior order, the employee shall promptly explain the prior order to the superior issuing the latter conflicting order. The Department employee shall obey the latter conflicting order if so required by the superior

F. Insubordination

Employees shall promptly obey all lawful orders and directions given by supervisors including orders from a superior that may be relayed by an employee of equal or lesser rank. The failure or deliberate refusal of employees to obey such orders shall be deemed insubordination and is prohibited. Displaying contempt for the authority of supervisors by showing obvious disrespect or by disputing their orders shall likewise be deemed insubordination.

(12.1.3, 26.1.1)

II. Attention to Duty

A. Members Responsibility for Knowing Laws, Procedures, and Department Directives

All employees shall know the laws and ordinances they are charged with enforcing. All employees shall read and be familiar with all rules, General Orders, and bulletins pertaining to their specific jobs. Employees confused about the meaning of any rule or directive shall promptly ask for an explanation from their supervisor.

B. Knowledge of the University Area

Every employee of the Department shall be thoroughly familiar with the University area including its roadways, buildings, offices, off-campus property, etc. in order to be able to provide accurate information to the public on request and to be prepared to respond swiftly and effectively to any part of the University in an emergency.

C. Reporting for Duty

Employees shall promptly report to lineup, roll call, or other assigned duty at the time and place specified properly dressed and equipped.

D. Officers Always Subject To Duty

Officers within their jurisdiction shall at all times respond to the lawful orders of supervisors and to the call of citizens in need of police assistance. The fact that they may be technically off-duty shall not necessarily relieve them from the responsibility of taking prompt and appropriate action.

E. Performance of Duty

Employees shall be attentive to their duties at all times, and shall perform all duties assigned to them, even if such duties are not specifically assigned to them in any Department rules or procedures manual.

F. Sleeping on Duty

Sleeping on duty is forbidden for all employees.

G. Leaving the University Area

Whenever it is necessary in the performance of duty for an officer to leave the limits of the University, the officer shall inform his/her supervisor and the Telecommunicator prior to leaving and again upon return.

H. Maintaining Communication

While employees are on-duty or officially on-call, they shall be directly available by normal means of communication, or shall keep their office, headquarters, or supervisors informed of the means by which they may be reached when not immediately available.

I. Awareness of Activities

Upon returning to duty from any period of absence, all employees shall be informed by their supervisor about all new orders, regulations, memoranda and all other important matters governing their assignments. Employees shall familiarize themselves with all posted information within the Department. Employees shall check their assigned Department mailbox at the beginning and end of each tour of duty. Department mailboxes are for business material only and should be kept clean and free of personal effects. Employees shall check their assigned Department email account at least once during each tour of duty and at any other time as directed by any Police Supervisor or Division Commander while on-duty.

J. Duty of Supervisors

Supervisors will enforce all Department directives. They will not permit or otherwise fail to prevent violations of Department directives. Any significant violations of Department directives shall be reported to the subordinate's immediate supervisor without delay. Where possible, supervisors will actively prevent such violations or interrupt them as necessary to ensure efficient, orderly operations whether a subordinate is in a particular supervisor's chain of command or not. All violations will be handled in accordance with the University of North Carolina at Chapel Hill Human Resources Policies.

K. Truthfulness

Members of the Department shall not make false or untrue statements, unless required by their lawful duties.

L. Use of Telephones and Electronic Communications Devices

Members of the Department will not make nor receive an excessive number of personal phone calls while on-duty nor allow personal phone calls to interfere with their duties. All Department communications devices are for official business use only.

(26.1.1, 1.2.2)

III. Identification and Recognition

A. Giving Name and Employee Number

While in the performance of their duties, employees shall provide their name and business card if available to any person reasonably requesting such facts unless doing so would interfere with the successful completion of a Department assignment. Employees conducting Departmental business over the telephone will also provide their name and identify themselves as employees with the UNC-CH Police Department.

B. Carrying Official Identification

Employees who have been issued official identification cards shall carry their identification on their persons at all times, as required for the performance of their duties. The cards will differ in appearance to ensure that the public can differentiate between sworn and non-sworn employees. Non-Sworn identification cards will indicate “Employee,” “Parking Control,” or “Security Officer” for example below the department’s name. Sworn identification cards will indicate “Police Officer” below the department’s name. All identification cards will include at a minimum the employee’s photograph, name, and their job position and/or rank with the Department. Identification cards are used to ensure that the public can identify law enforcement officers and be certain that the person with whom they are interacting is in fact an officer. This will enhance the officer’s ability to perform their duties, promote confidence with the public, and will make officers more accountable for their actions. The only exception to this requirement will be when an employee is working in an undercover capacity. Due to the inherent risks of working undercover and the importance of ensuring that the undercover officer’s true profession is kept a secret, undercover officers will not keep their identification cards on their person. When a member of the general public requests to view an employee’s identification card, the employee will provide them the opportunity to view the card in a polite and courteous manner. Employees will not relinquish possession of their identification cards to any member of the public

C. Personal Business Cards

Employees are not permitted to use a Department title, Department telephone number, or refer to their employment in any manner on personal, non-UNC-CH Police Department, stationary or business cards.

D. Exchange, Alteration, or Transfer of Badge

The badge shall not be altered or exchanged between employees or transferred to another person except by order of the Chief of Police.

E. Plainclothes Members-Identification

An employee shall neither acknowledge nor show recognition of a uniformed employee in civilian clothes unless addressed first by the undercover employee. This is to prevent injury or damage to a police operation in the event the employee is working in an undercover capacity.

(22.1.8, 26.1.1, 1.1.7)

IV. Employee Relations

A. Respecting the Rights of Others

Employees shall respect the rights of individuals, and shall not engage in discriminatory actions, harassing behavior (sexual or other), or favoritism.

B. Mutual Protection

All sworn officers and non-sworn security officers shall come to the immediate aid, assistance or protection of fellow sworn officers and non-sworn security officers who, in the performance of their duties, require such aid and assistance.

C. Interfering with Cases or Operations

Employees shall not interfere with cases assigned to others. Employees shall not interfere with the work or operations of any unit in the Department or the work or operations of other governmental agencies. Employees against whom a complaint has been made shall not attempt directly or indirectly, by threat, appeal, persuasion, payment of money or other consideration, to secure the abandonment or withdrawal of the complaint, charge, allegation, or investigation.

D. Cooperation with Other Agencies

Employees shall, upon request, cooperate with all governmental agencies by providing whatever aid or information such agencies are entitled to receive.

E. Respect for Fellow Employees

Employees shall treat other employees of the Department with respect. They shall be courteous, civil and respectful of their superior officers, subordinate employees and associates and shall not use threatening or insulting language.

F. Supporting Fellow Employees

Employees shall cooperate, support, and assist each other whenever necessary.

IV. Expected Conduct

A. Reporting Address and Telephone Number

Employees shall have a working telephone at their residence or maintain an operational cellular telephone, and shall register their correct residence address and telephone number with their supervisor, Police Telecommunications Section, and the Office of the Chief of Police. Any change in address or telephone number must be reported within 72 hours of the change.

B. Arrests

All arrests shall be made in accordance with the law and all prescribed Departmental procedures. All Constitutional and statutory rights shall be provided to all arrested persons at the time of their arrest and immediately thereafter.

(Sworn Officers Only)

C. Arrest of Police Officers (to include Sworn Officers with the UNC-CH Police Department)

1. Anytime a University of North Carolina at Chapel Hill police officer arrests a law enforcement officer of this, or any other agency, the arresting officer is to notify his/her immediate supervisor as soon as the arresting officer is aware of the identity and employment of the arrested party. That supervisor will immediately notify the Chief of Police through his/her chain of command. The Chief of Police, or his/her designee, will notify the Orange County District Attorney’s Office. If the District Attorney cannot be contacted, the Chief of Police will notify a member of the District Attorney's staff or that member of the District Attorney's staff on call. The Chief of Police, or his/her designee, will also notify the North Carolina Criminal Justice Education and Training Standards Commission (NCCJETSC) in writing.
2. Anytime a University of North Carolina at Chapel Hill sworn police officer is charged with or arrested for any criminal or motor vehicle offense or violation, that officer is to notify his/her supervisor as soon as possible but within 24 hours. The officer is to provide all relevant details of the incident to include date, time, location, and offense(s)/violation(s) charged. The supervisor is to notify the Chief of Police through his/her chain of command. The officer must also notify his/her supervisor, who will in turn notify the Chief of Police through his/her chain of command, of the disposition of the case in court as soon as possible but within 72 hours of the case being adjudicated in court.
3. The Chief of Police, or his/her designee, will notify the District Attorney’s Office of the county in which the UNC-CH police officer was charged/arrested as soon as practical. The Chief of Police, or his/her designee, will also notify NCCJETSC in writing within 30 days of all criminal offenses that any sworn officer is arrested for or charged with (along with the case disposition within 30 days once the case is adjudicated in court), pleads no contest to, pleads guilty to, or is found guilty of as well as Domestic Violence Orders (50B) that are issued by a judicial official. This shall include all criminal offenses except minor traffic offenses (as defined in 12 NCAC 09B .0101(8)) and shall specifically include any offense of Driving Under the Influence (DUI) or Driving While Impaired (DWI) as well as other offenses under Chapter 20 (Motor Vehicles) of the General Statutes of North Carolina or similar laws of other jurisdictions as referenced in 12 NCAC 09B .0101(8).

D. Care and Custody of Property

All personal property, including money, which comes into an employee’s custody while on duty; whether lost, stolen, confiscated, abandoned, turned in to the Department, or taken from a prisoner, shall be suitably recorded and safely secured in accordance with current Departmental procedures. All currency or monies that comes into an employee’s possession while on duty will be counted in the presence of a supervisor who will attest to the accuracy of the amount and will also sign the currency envelope and supervise the sealing of the envelope and submission into the evidence locker.

E. Carrying of Firearms

The only employees of the UNC-CH Police Department authorized to carry firearms are sworn Police Officers. All officers are required to carry their Department issued firearm while on-duty. When off-duty, officers may, at their discretion, carry an approved firearm in a concealed manner pursuant to General Order 01-08. Officers must carry an I.D. Card and badge on their person if carrying a weapon in a concealed manner. An off- duty officer shall not carry a concealed weapon while consuming or under the influence of an alcoholic beverage, or taking any medicine or drug that changes behavior or impairs judgment. Reserve officers are prohibited from carrying firearms when not on duty.

(Sworn Officers Only)

F. Registration of Firearms

All weapons carried and used by officers in the performance of their official duties must be an approved weapon according to General Order 01-01 and General Order 01-02 and registered with the Department’s Quartermaster and Training Coordinator.

(Sworn Officers Only)

G. Civil Disputes

All officers shall take a neutral position in any dispute of a civil nature, acting only to prevent or control any breach of the peace that may arise.

H. Reporting Motor Vehicle Accidents and Personal Injuries

Employees shall, in accordance with established procedures, promptly report the following motor vehicle accidents and personal injuries: all on-duty traffic accidents in which they are involved, all personal injuries received in the line of duty, all personal injuries not received in the line of duty but which are likely to interfere with the performance of their duties, all property damage or injuries to other persons that resulted from the performance of their duties.

I. Dissemination of Official Information

Department employees shall treat the official business of the Department as confidential and shall conform to the following guidelines:

1. . Information regarding official business shall be disseminated only to those for whom it is intended;
2. Access to Department files, records, and reports shall be limited to those Department employees authorized by the Chief of Police;
3. Official records or reports shall not be copied, or removed from Department files without permission from authorized personnel;
4. The identity of any person giving confidential information to the Department or to any officer thereof in the performance of his duties shall not be divulged except with the prior approval of the Chief of Police.

(26.1.1, 1.2.2, 6.1.4)

VI. Unacceptable Conduct

A. Improper Associations

Officers shall avoid regular or continuous associations or dealings with persons whom they know, or should know, are persons under criminal investigation or indictment, except as necessary to the performance of official duties or where unavoidable because of family relationships.

(Sworn Officers Only)

B. Communications with Defendants/Suspects

An employee shall not recommend any course of legal action or hypothesize on the possible outcome of any judicial or administrative proceeding with a criminal suspect or defendant.

C. False Information on Records

An employee shall not make or submit any false or inaccurate reports or knowingly enter or cause to be entered into any Department books, records, or reports, any inaccurate, false, or improper information.

D. Operation and Use of Department Radios

The operation and use of Department radios is restricted to authorized and official Department business. Personal conversations, using vulgar, inappropriate or obscene language, making unnecessary sounds, or the transmission of unofficial communications are not permitted.

E. Feigning Illness or Injury

Employees shall not feign illness or injury, falsely report themselves ill or injured, or otherwise deceive or attempt to deceive any supervisor as to the condition of their health.

F. Use of Intoxicating Beverages or Drugs and Purchase of Lottery Tickets

An employee shall not:

1. While on-duty, consume any intoxicating beverage, except for a proper police purpose with the specific approval of the Chief of Police or a Division Commander;
2. While on duty, use any narcotic, controlled substance, or other toxic drug except at the direction of a physician for a specific health purpose (in any case where it is necessary to take such drug on the advice of a physician, such employee shall notify his supervisor and be guided by his decision as to fitness for duty);
3. Report for duty while under the influence of intoxicating liquor or malt beverage or while having the smell of alcohol upon their person or while under the influence of any narcotic drug/controlled substance unlawfully or lawfully administered. If off-duty employees are called back for unscheduled duty and have been consuming intoxicating beverages, or taking any other drug which would impair his/her ability to drive and/or perform assigned tasks, that information shall be made available to the person making the call by the employee being called to duty. At this point, the person making the call shall relay the information to the supervisor or other appropriate authority for determination as to the employee’s fitness for duty;
4. While off-duty and while wearing any identifiable part of his/her uniform, drink or purchase any intoxicating beverage in public view or in any place accessible to the public;
5. Bring, place or keep, or permit to be brought, placed or kept, in any University building or vehicle, any intoxicating beverage or any narcotic drug or controlled substance, except in the proper performance of police duty.
6. Employees shall not purchase any North Carolina Educational Lottery tickets while on-duty or in uniform, unless acting in their official capacity and specifically authorized by a superior.

G. Soliciting and Accepting Gifts and Gratuities

Unless approved by the Chief of Police, employees of the Department may not accept any reward, gratuity, gift, or other compensation as a result of or in conjunction with their status as employees of the Department. Employees also shall not solicit any gift, gratuity, loan, present, fee, or reward in conjunction with their association with the Department. This rule is not intended to prevent members from engaging in approved off-duty employment that is in compliance with Department regulations.

H. Reporting Bribe Offers

If employees receive bribe offers they shall immediately make a written report to their supervisor.

I. Giving Testimonials and Seeking Publicity

Employees shall not use their official position to give testimonials or permit their names to be used for commercial advertising purposes. Employees also shall not seek personal publicity either directly or indirectly in the course of their employment for commercial gain. This shall not restrict employees from engaging in approved outside employment or business activity.

J. Undue Influence

An employee shall not seek nor obtain the influence or intervention of any person outside the Department for purposes of personal preferment, advantage, transfer, or advancement.

K. Conduct Unbecoming Department Personnel

Each Department member shall be held accountable for their actions, conduct, and speech when these behaviors conflict with our mission, vision, or core values. Employees shall conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Conduct unbecoming members shall include, but is not limited to, that which brings discredit upon the operation or efficiency of the Department or member. Additionally, UNC-CH is committed to providing a safe, diverse, and equitable environment to all members of the University community. Accordingly, all UNC-CH Police Department employees are prohibited from engaging in any of the following behaviors which are strictly prohibited by UNC-CH policy: Discrimination and harassment based on any protected status, sexual assault or sexual violence, sexual exploitation, interpersonal (relationship) violence, stalking, complicity for knowingly aiding in acts of prohibited conduct, and retaliation. The complete UNC-CH Policy on Prohibited Discrimination, Harassment, and Related Misconduct can be accessed via the University policy repository, PolicyStat.

L. Self-Assigned Investigations

Employees initiating police-related investigations as a result of an off-duty incident or personal situation shall immediately notify their immediate supervisor of the nature of the situation. No employee is to begin or continue a self-initiated investigation without supervisory approval whether on or off-duty.

M. Criticism of the Department

Employees shall neither publicly nor internally criticize or ridicule the Department or its policies, campus officials or other employees by speech, writing, or other expression, where such speech, writing, or other expression is defamatory, obscene, unlawful, undermines the effectiveness of the department, interferes with the maintenance of discipline, or is made with reckless disregard for the truth. Personnel who cause undue embarrassment or damage the reputation of and/or erode the public's confidence in the Department shall be deemed to have violated this policy. Note: This in no way is meant to prohibit or discourage an employee from immediately reporting any unlawful, immoral, and/or unethical behavior they observe or become aware of through the proper chain of command.

N. Disruptive Activities

Employees shall not perform any actions which tend to disrupt the performance of official duties and obligations of members of the Department or which tend to interfere with or subvert the reasonable supervision or proper discipline of members of the Department.

O. Accountability

All Department members shall be held accountable for their actions, conduct, and speech when these behaviors conflict with our mission, vision, or core values. Personnel who cause undue embarrassment or damage the reputation of and/or erode the public's confidence in the Department shall be deemed to have violated this policy.

(26.1.1, 26.1.3)

VII. Maintenance of Property

A. Use of Department Property or Services

Employees shall not use or provide any Department equipment or service other than for official Department business.

B. Operation of Department Vehicles

Permission for a member of the public to ride in a Department vehicle for the purpose of observing Department functions is at the discretion of the authorizing supervisor. The person riding in a Department vehicle, for the purposes of observing, shall sign a waiver of liability. All Department employees whose job duties may involve the use of a motor vehicle are required to have a valid driver’s license (with any/all necessary endorsements) for the class(es) of motor vehicle(s) he/she may operate as part of their employment. Therefore, all Department employees whose job duties may involve the use of a motor vehicle will have the status of their driver license checked at least once each year by their respective Division Commander or his/her designee.

C. Alteration or Modification of Department Equipment

Employees shall not use any equipment that does not conform to Department policy or specifications. All equipment shall be carried and utilized only as issued and authorized, and no changes, alterations, or modifications shall be made to such equipment unless approved by the Chief of Police.

D. Property and Evidence

Employees shall not convert to their own use, manufacture, conceal, falsify, destroy, remove, tamper with, or withhold any property or evidence held in connection with an investigation or other official action.

E. Unattended Department Vehicle

The operator of a Department motor vehicle shall lock the ignition and remove the key when leaving the vehicle unattended and, except in an emergency, shall also lock the doors of the vehicle when it is unattended.

F. Knowledge of General Orders

It shall be the responsibility of every UNC-CH Police Department employee to know and have access to the Department’s General Orders. Primary access will be through the computerized on-line version, which is maintained in PowerDMS and accessible on Department’s website.

G. Accidents Involving Departmental Vehicles

1. Investigation
   1. Reports of damage to Department vehicles will be investigated by an on-duty Patrol Supervisor. If the damage is the result of an accident involving a Patrol Supervisor (and another Patrol Supervisor is not available) the on-coming Patrol Supervisor, the Patrol Services Commander, or the Chief of Police should be contacted.
   2. Photographs should be taken as part of the investigation of all Department vehicle accidents.
   3. Measurements of the accident scene should be taken anytime a Department vehicle is involved in an accident that results in personal injury.
2. Reporting
   1. If a Department vehicle is involved in a traffic accident (the vehicle was moving at the time of the accident, or it was struck by another moving vehicle) a DMV-349 form must be completed by the investigating officer. (Note: A DMV-349 must be completed anytime a Department vehicle is involved in a traffic accident even if there is no visible damage.)
   2. If a Department vehicle is damaged as a result of something other than a traffic accident, vandalism for example, an incident report should be completed by the investigating officer.
   3. Any time an Accident or Incident Report is completed concerning damage to a Department vehicle an Automobile Loss Notice (form FM-16), and a complete statement must also be completed by the vehicle operator.
   4. All required paperwork associated with Department vehicle accidents/incidents should be completed and submitted by the end of the employee’s work shift. The originals should be submitted to the Records Manager and copies should be given to the Quartermaster, the Patrol Services Commander, and the Administrative Services Commander.
   5. Any time a Department vehicle is involved in a traffic accident that results in personal injury the Patrol Services Commander, the Administrative Services Commander, and the Chief of Police should be contacted immediately.
3. All Investigations are subject to review by the Patrol Services Commander, the Administrative Services Commander, and the Chief of Police. Investigations that determine negligence on part of the employee to be the cause of damage to a Department vehicle may result in disciplinary action.

(83.1.1, 26.1.1, 1.2.2, 2.4.11, 6.8.4)

H. Surrender of Department Property

Employees are required to surrender all Department property in their possession upon separation from the service or when otherwise ordered.

(26.1.1)

VIII. Relationships with Courts and Attorneys

A. Attendance in Court

Employees shall arrive on time for all required court appearances and be prepared to testify.

B. Recommending Attorneys or Bonding Agents

Employees shall not suggest, recommend, advise, or counsel the retention of a specific attorney or bonding agent to any person (except relatives) coming to their attention as a result of Department business. This Rule shall not restrict employees from referring persons to Legal Aid Services.

C. Testifying for a Defendant

Any employee subpoenaed or requested to testify for a Defendant in a criminal action, testify against the Department, or testify against the interests of the Department in any hearing or trial, shall immediately notify the Chief of Police through the appropriate chain of command.

D. Assisting in Civil Cases

Employees shall not serve civil process papers nor render assistance in civil cases except as required by law.

E. Notice of Lawsuits Against Employees

Employees who have had a suit filed against them because of an act performed in the line of duty shall, within 24 hours, notify the Chief of Police in writing and furnish a copy of the complaint as well as a full and accurate account of the circumstances in question.

(26.1.1)

IX. Attendance at Work

All employees' jobs require prompt, regular, and consistent attendance. Requests for use of accumulated vacation leave shall be approved by an employee’s immediate supervisor, and a written leave request form shall be submitted in advance, at least 24 hours prior to the start of the affected shift(s). In the event that an employee must utilize sick leave, or cannot give 24 hours notification because of an emergency, then the prescribed notification shall be by phone 2 hours prior to the start of the affected shift(s). Phone notification under these circumstances must be made person-to-person; if the employee’s supervisor cannot be reached a message may be left with one of the on duty Telecommunicators at 919-962-8100. Failure to meet the prescribed timelines for leave notification will result in an unscheduled absence(s). (Under extreme circumstances the Chief of Police may waive the prescribed timelines for leave notification.) An employee will be deemed to be excessively absent when there is a pattern of absenteeism that is adversely affecting the performance of the work unit. Excessive absenteeism is incompatible with satisfactory work performance. In conformance with UNC-CH PD policies on Personnel Early Warning System (General Order 03-20) and Disciplinary Procedures (General Order 03-09), the following procedures will be used in dealing with excessive absenteeism:

A. Counseling

The supervisor will conduct a counseling session with the employee involved. In this session the supervisor will provide documentation of the troubling attendance pattern to the employee and inform the employee that if the problem persists a doctor's note will be required for future sick absences. The time frame for improvement will be immediate. If the problem persists a second counseling session will be held during which the employee will be informed that a doctor’s note is required for future sick absences.

B. First Written Warning

If there is no improvement after the counseling session, a written warning will be issued to the employee involved. The written warning shall follow the approved UNC Human Resources format and will include the following:

1. A statement that it is a written warning for unsatisfactory job performance;
2. A statement of the specific performance deficiency to include a summary of the previous counseling sessions;
3. The specific improvements that must be made to address the specific issues;
4. The time frame for making the require improvement, which will be immediately;
5. The consequences of failing to make the required improvements/corrections (further disciplinary action, up to and including dismissal); and
6. The employee's appeal rights.

C. Second Written Warning

If there is no improvement after the first written warning, a second written warning will be issued to the employee involved. The written warning shall follow the approved UNC Human Resources format and all items listed above.

D. Dismissal

Failure to correct the unsatisfactory job performance after the second written warning has been issued may result in further disciplinary action up to and including dismissal.

E. Documentation

All attendance problems requiring the attention of management will be documented in the involved employee's interim and annual evaluations.

X. Leave Without Pay

It is important for effective Department operations that all employees of the Department are at work during their scheduled work hours. For that reason, the following protocols will be followed: (Note: these provisions do not apply to absences covered under the Family and Medical Leave Policy).

1. Leave without pay is not permitted without prior approval. Requests for leave without pay must be made in writing to the Chief of Police and shall include the reason for leave, date expected for beginning leave, duration of the leave, and expected date to return to work. The following applies to all requests for leave without pay:
   1. Factors in deciding whether to approve a request include the employee's needs, the employee’s previous attendance record, and Departmental workload.
   2. The Chief of Police will review and consider written requests for leave without pay fairly and consistently to assure equitable employee treatment in approving, extending, or disapproving requests. Decisions will be communicated to the employee in writing.
   3. Leave without pay may be approved initially for up to three months. Upon written request the period may be extended in three-month increments, not to exceed a total of 12 consecutive months.
   4. If approved the employee may be absent from work for the entire approved period or any portion of the approved period. The employee must coordinate their attendance during the approved period with their supervisor.
   5. The employee is obligated to return to duty within or at the end of the time granted and will be reinstated to his/her prior position, or one of like seniority, status and pay. If the employee will not return to work, the supervisor must be notified immediately. Failure to report at the expiration of a leave without pay, unless an extension has been approved, is considered a resignation.
2. Individuals who have no accrued leave time and are absent from work, and who have not been approved for leave without pay, are subject to the following:
   1. Counseling
      The supervisor will conduct a counseling session with the employee involved. In this session, the supervisor will provide documentation of the unauthorized leave without pay absence and inform the employee of the Department’s leave without pay policy. The time frame for improvement will be immediate. If the problem persists a second counseling session will be held during which the employee will be informed that future violations may result in disciplinary action up to and including dismissal.
   2. First Written Warning
      If there is no improvement after a second counseling session, a written warning will be issued to the employee involved. The written warning shall follow the approved UNC Human Resources format and will include the following:
      1. A statement that it is a written warning for unsatisfactory job performance;
      2. A statement of the specific performance deficiency to include a summary of the previous counseling sessions;
      3. The specific improvements that must be made to address the specific issues;
      4. The time frame for making the require improvement, which will be immediately;
      5. The consequences of failing to make the required improvements/corrections (further disciplinary action, up to and including dismissal); and
      6. The employee's appeal rights.
   3. Second Written Warning
      If there is no improvement after the first written warning, a second written warning will be issued to the employee involved. The written warning shall follow the approved UNC Human Resources format and all items listed above.
   4. Dismissal
      Failure to correct the unsatisfactory job performance after the second written warning has been issued will result in further disciplinary action up to and including dismissal.
   5. Documentation
      All leave without pay problems requiring the attention of management will be documented in the involved employee's interim and annual evaluations.

XI. Searches of Department Property

1. All property of the UNC-CH Police Department is subject to inspection at any time, without inappropriate delay. This property includes: desks, lockers, storage spaces, rooms, offices, administered/issued equipment, information systems (computers, mobile devices, etc.), work areas, and vehicles. All UNC-CH Police Department property may be searched to retrieve any UNC-CH property or to determine the existences of any work-related misconduct.
2. Personal property belonging to employees may be kept or stored in the above-mentioned areas; however, the employee has no expectation of privacy in those areas.
3. Any search and/or inspection of said area(s) shall be conducted and/or authorized by the Chief of Police or his/her designee only.

(1.2.2.)