Correctional Employees Rules of Conduct Correctional Services.

Correctional Employees Rules of Conduct

Correctional Services

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Key Terms

• Violation – may consist of any one or combination of the following– Engaging in a specific prohibited behavior– Attempting, conspiring, or engaging in, or aiding

others in attempting, conspiring, or engaging in a specific prohibited behavior (TDCJ, 2009)

– Failure to act where required by rule or order

• Conviction – a judgment, plea of guilt, verdict, nolo contendre, or judicial finding of guilt

http://www.tdcj.state.tx.us/hrextra/hr-policy/pd-22.pdf


Key Terms (continued)

• Offender – an individual under the supervision, custody, or incarceration of the Texas Department of Criminal Justice (TDCJ), including a TDCJ offender housed in federal, county, or other state’s facilities (TDCJ, 2009)

• Preponderance of Information – evidence of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proven is more probable than not. Preponderance is not determined by the number, but by the greater weight of all credible evidence (TDCJ, 2009)





Behaviors Expected of Employees

• Report to work on time (punctual attendance)• Report to work unless physically unable

(regular attendance)• Complete duties as assigned• Know the rules of conduct and the guidelines

of the employment agency• Report any arrests and convictions within 48

hours and before returning to work


Rules of Conduct Violations (TDCJ, 2009)

• Level One Violations are the most severe• Some examples– Reckless endangerment – life endangerment – Gambling on state property– Use of alcohol or illicit drugs on the job– Discrimination/harassment against persons of a

protected class/retaliation– Conviction of a felony– Committing bribery– Aiding and abetting an escape



Rules of Conduct Violations (TDCJ, 2009) (continued)

• Some examples of Level Two Violations– Sleeping on duty – Leaving a security/duty post – Reckless endangerment – endangerment less than life endangerment – Falsification of records – Unauthorized taking or use of personal property – Failure to obey a proper order from an authority – Use of slurs/hostile epithets – Instigating or participating in a physical confrontation or altercation– Destroying evidence or giving false testimony/information – Accepting goods, money, services, favors, or honoraria – Denial of uniform access to courts




• Some examples of Level Three Violations– Unexcused absenteeism – Reckless endangerment – hazing or horseplay without injury – Use of profane/abusive language or gestures – Instigating or participating in a verbal confrontation or altercation– Use of excessive/unnecessary force – provoked without serious injuries – Failure to report, relating to use of excessive/unnecessary force –

provoked without serious injuries – Failure to report, relating to minor or non-excessive and necessary use

of force – Administrative/procedural violation relating to use of force – Failure to turn in all evidence seized – Insubordination




• Some examples of Level Four Violations– Tardiness (less than one hour) – Substandard duty performance – Failure to follow proper safety procedures – Unauthorized sales/solicitations on state premises – Negligent operation of an agency vehicle – Technical violation relating to use of force – Improper or untidy uniforms – Misconduct – Failure to provide an emergency contact number – Failure to report an alleged act of discrimination or harassment against

persons of a protected class, discourteous conduct of a sexual nature, or retaliation; took corrective/preventive action



Alternate forms of Discipline (TDCJ, 2009)

• Supervisory Counseling • Employee Performance Log Entry• Letter of instruction• Temporary reassignment• Note: Supervisors are expected to take action,

other than disciplinary actions, whenever possible



Discipline Hearing Process

• Prehearing Investigation• Allegations against the employee are investigated within 10

days• If the allegations are substantiated, a disciplinary hearing is

scheduled• The employee is then notified of the hearing date

• Employee Discipline Hearing• The employee is notified 24 hours in advance• The hearing is scheduled on a weekday between 8 am and

5 pm


Discipline Hearing Process (continued)

• Factors affecting Discipline Action• The seriousness of the violation• The employee’s

– Work history– Job performance– Length of service

• The Guidelines for Disciplinary Actions• Whether or not the employee is a supervisor• Aggravating or mitigating circumstances• Whether or not the violation is a subsequent violation


Disciplinary Actions• General Provisions

– The Reprimanding Authority (RA) will use the Guidelines for Disciplinary Actions that are effective when the disciplinary action is imposed regardless of the date that the violation occurred

– The date of the disciplinary action is the date that the RA records it on the Reprimand Form

• Types− Reprimand only− Reprimand with action− Disciplinary probation− Suspension without pay− Reduction in pay− Demotion− Dismissal


Disciplinary Actions (continued)

• Range (TDCJ, 2009)– Level One Violations − Dismissal only– Level Two Violations• First

– Probation for 6–9 months – Withdrawal of favorable payroll action – Suspension without pay for 1–20 workdays – Reduction in pay for 1–2 increments or at least 3.4% or 6.8% – Involuntary demotion (must be to a budget authorized

position) for 1–2 salary groups– Dismissal





• Range (TDCJ, 2009) (continued)– Level Two Violations (continued)

• Second– Probation for 10–12 months – Withdrawal of favorable payroll action – Suspension without pay for 1–30 workdays – Reduction in pay for 2–3 increments or at least 6.8% or 10.2% – Involuntary demotion (must be to a budget authorized position)

for 1–3 salary groups – Dismissal

• Third– Dismissal only





• Range (TDCJ, 2009) (continued)– Level Three Violations

• First– Probation for 3–4 months – Withdrawal of favorable payroll action – Suspension without pay for 1–5 workdays

• Second– Probation for 5–8 months – Withdrawal of favorable payroll action – Suspension without pay for 1–10 workdays – Reduction in pay for 1–2 increments or at least 3.4% or 6.8% – Involuntary demotion (must be to a budget authorized position) for

1–2 salary groups





• Range (TDCJ, 2009) (continued)– Level Three Violations (continued)

• Third– Probation for 9–12 months – Withdrawal of favorable payroll action – Suspension without pay for 1–15 workdays – Reduction in pay for 2–3 increments or at least 6.8% or 10.2% – Involuntary demotion (must be to a budget authorized position)

for 1–3 salary groups – Dismissal

• Fourth– Dismissal only





• Range (TDCJ, 2009) (continued)– Level Four Violations

• First– Reprimand only – Probation for 1–2 months – Withdrawal of favorable payroll action – Suspension for 1–3 workdays

• Second– Probation for 3–4 months – Withdrawal of favorable payroll action – Suspension for 1–7 workdays – Reduction in pay for 1 increment or at least

3.4%

• Third– Probation for 5–6 months – Withdrawal of favorable

payroll action – Suspension for 1–10

workdays – Reduction in pay for 2

increments or at least 6.8% – Involuntary demotion (to a

budget authorized position) for 1–3 salary groups

– Dismissal

• Fourth − Dismissal only




Eligibility Requirements

• US citizen or authorized alien• At least 18 years of age• Possession of a high school diploma or GED• Not on active military duty• No dishonorable discharge• No felonies – no class A within the past 10 years or class B

within last 5 years• Not on probation• No pending charges or outstanding warrants• Pass the pre-employment test• Pass a drug test


Eligibility Requirements (continued)

• Ability to perform the functions of a correctional officer– Attend the pre-service training academy– Perform a search for contraband– Provide security– Count, feed, and supervise the offenders– Pass the physical agility test– Respond to emergencies– Use chemical agents/firearms– Prepare reports and maintain records– Perform any other duties as assigned


Preferences to Consider

• Physical fitness level– Determines the duties that a new hire is assigned– Each applicant is required to complete and pass a physical

agility test• Pushups – must complete as many as possible within 1 minute• Weight carry – must pick up a 45 lb. weight, carry it 15 yards, put

it down, pick it back up, and carry it for another 15 yards• Sit-ups – must complete as many as possible within 1 minute• Deep squats – must complete as many as possible within 1

minute• Ladder climb – must climb up and down a ladder five times • Run/walk – must complete a ¼-mile walk/run within 5½ minutes


Preferences to Consider (continued)

• Geographic location– A new hire

• May request up to two units of preference or select a geographic location

• Will be assigned according to the needs of the unit(s)• May be assigned to a unit outside of his or her area of

preference and have to meet the challenges of commuting

• Unit housing vs. private housing – some units have dormitory-style housing available which costs significantly less than maintaining a private residence


Preferences to Consider (continued)

• Schedule availability– A flexible schedule is ideal for the rotating shifts of corrections officers– Balancing family responsibilities can be challenging because of the

rotating day and night shifts

• Salary– Approximately $2,300 a month for a new correctional officer that is

attending the academy– Increased after completion of the academy program– Increased based on the number of years of service up to the

Correctional Officer V level, which has a salary of approximately $3,000 plus benefits

– Less than some other types of employment, but has considerable benefits to consider

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Benefits (TDCJ, 2012)

• Paid Leave • Vacation hours• Sick leave • Administrative leave

• Unpaid Leave• Family Medical Leave• General• Medical

– Non work-related– Work-related

• Military

• Insurance• Hazardous duty pay• Longevity pay• Retirement• Payroll deductions• Meal privileges• Laundry and barber services• Many others

http://tdcj.state.tx.us/divisions/hr/benefits/index.html


Resources

• Texas Department of Criminal Justice PD-22 http://www.tdcj.state.tx.us/vacancy/hr-policy/pd-22.pdf

• Texas Department of Criminal Justice PD-49 http://tdcj.state.tx.us/divisions/hr/benefits/leave-paid.html

http://www.tdcj.state.tx.us/vacancy/hr-policy/pd-22.pdf

http://www.tdcj.state.tx.us/vacancy/hr-policy/pd-22.pdf

http://tdcj.state.tx.us/divisions/hr/benefits/leave-paid.html

http://tdcj.state.tx.us/divisions/hr/benefits/leave-paid.html

Correctional Employees Rules of Conduct Correctional Services.

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