for Supervisors
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OPM Training 1 for Supervisors Part 2- Discrimination & Ethics
Transcript of for Supervisors
OPM Training 1
for SupervisorsPart 2- Discrimination & Ethics
OPM Training 2
Introductions and Logistics
Introductions• Instructor• Presenter
Logistics• Mute Button/Camera• Tool Bar/Raise Hand• Camera• Cell phones• Handouts
Questions• Submitting Questions• Q&A
Presenter
Presentation Notes
This course is intended for the following roles: Managers and/or Supervisors Hiring or Human Resource Officials
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• Define discrimination
• Recognize discrimination when it occurs and understand it is an obligation to be reported
• Describe ethical behavior for state employees
• Explain Arkansas’ Freedom of Information Act (FOIA)
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Discrimination
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Discrimination is…
•Unfair treatment because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
•Harassment by managers, co-workers, or others in the workplace, because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
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Discrimination is…
•Denial of a reasonable workplace accommodation that the employee needs because of religious beliefs or disability.
•Retaliation because the employee complained about job discrimination, or assisted with a job discrimination investigation or lawsuit.
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• Age • Disability• Equal
Pay/Compensation• Genetic Information• Harassment• National Origin
Protected Class
• Pregnancy• Race/Color• Religion• Retaliation• Sex• Sexual Harassment
Presenter
Presentation Notes
Agencies shall include in the personnel manual a statement that discrimination by an officer or employee based upon race, creed, religion, national origin, age, sex, or gender is grounds for dismissal. When it is determined by any court of law that an employee of this state is guilty of discrimination based upon race, creed, religion, national origin, age, sex or gender, such determination is grounds for dismissal from employment.
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Harassment
Harassment is unwelcome conduct that is based on:
• Race/Color
• Religion
• Sex (including pregnancy)
• National origin
• Age (40 or older)
• Disability
• Retaliation
Presenter
Presentation Notes
Harassment is seen through the eyes of the victim, NOT the harasser. Sexual harassment is a form of abuse that occurs in the workplace and school. 2. Men can be victims of sexual harassment. 3. Sexual harassment can occur between people of the same sex. 4. Sexy clothes do not cause sexual harassment. 5. Ignoring sexual harassment or saying "NO" may not be enough to make the harasser stop. 6. Sexual harassment that occurs in a school is illegal. A school may be liable if it does not try to stop it. 7. Most victims of sexual harassment never report it to their employer or school officials. 8. What is teasing or flirting to one person may be sexual harassment to another. 9. Sexual harassment can be a criminal offense and/or a cause to sue.
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Tangible Employment Action
A "tangible employment action" means a significant change in employment status.
Examples include:• Hiring• Firing• Promotion• Demotion• Undesirable reassignment• A decision causing a significant change in
benefits• Compensation decisions• Work assignment
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What is Title VII?
Title VII prohibits employment discrimination based on race, color, religion, sex and national origin.
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No state department or institution shall discriminate in hiring, promoting, administering disciplinary action, or any other way against employees based on their:
State Policy on Discrimination
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Types of Discrimination
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Racial Discrimination
Examples:Unlawful to discriminate based on race
• Interview questions based on race• Ethnic slurs, racial jokes, race-based verbal or physical
acts• Segregating minority employees to isolate them• Unfair differences in work assignments, evaluations,
training, or discipline
Criminal background checks do not violate Title VII
Presenter
Presentation Notes
Discriminatory Acts Title VII makes it unlawful to discriminate against any employee or applicant for employment because of race in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). Color discrimination involves treating someone unfavorably because of skin color. Race/color discrimination also can involve treating someone unfavorably because the person is married to (or associated with) a person of a certain race or color. Discrimination can occur when the victim and the person who inflicted the discrimination are the same race or color. Ethnic slurs, racial jokes, or other offensive, race-based verbal or physical acts can constitute unlawful harassment if the conduct creates a hostile working environment or interferes with the individual’s work performance. Segregating minority employees in such a manner as to isolate them from other employees or customers could also be considered discriminatory. Race cannot form the basis for differences in pay or benefits, work assignments, performance evaluations, training, discipline, discharge, or any other area of employment.
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Religious Discrimination
Examples:Unlawful to discriminate or harass based on religion
• Offensive remarks about a person’s religious beliefs or practices
• Segregating employees based on religion to isolate them
• Unfair differences in work assignments, evaluations, training, or discipline
Must reasonably accommodate religious beliefs or practices including dress and grooming
Presenter
Presentation Notes
Religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs. Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. Religious Discrimination & Reasonable Accommodation for religious practice and dress. The law requires an employer to reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business. This means an employer may be required to make reasonable adjustments to the work environment that will allow an employee to practice his or her religion. Examples of some common religious accommodations include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices. This applies not only to schedule changes or leave for religious observances, but also to such things as dress or grooming practices that an employee has for religious reasons.
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National Origin Discrimination
Examples:Unlawful to discriminate or harass based on
• The country or part of the world where a person is from• Ethnicity or accent• Appear to be of a certain ethnic background (even if they
are not)• Treating a person unfairly because of marriage or
associated with a person of a national origin
Discrimination can occur when the victim and the person who inflicted the discrimination are the same national origin.
Presenter
Presentation Notes
National origin discrimination involves treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not). National origin discrimination also can involve treating people unfavorably because they are married to (or associated with) a person of a certain national origin. Discrimination can occur when the victim and the person who inflicted the discrimination are the same national origin.
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Sexual Discrimination and Harassment
Sexual discrimination and harassment also covered by Title VII of the Civil Rights Act of 1964
It is unlawful to discriminate against an individual because of gender identity, including transgender status, or sexual orientation.
Presenter
Presentation Notes
Sexual harassment is a form of discrimination and is unwelcome behavior that is either verbal or physical in nature. What constitutes sexual harassment is: 1. Submission to the conduct is either an explicit or implicit term or condition of employment, and/or 2. Submission to or rejection of the conduct is used as a basis for employment decisions affecting the person who did the submitting or rejecting, and/or 3. The conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment. Actions that may be defined as sexual harassment are not limited to the "supervisor and employee" situation, but may include actions of coworkers, actions of the same or opposite sex and action of individuals external to the agency, but who have contact with employees in the work environment.
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Sexual Discrimination
• Avoid interview questions about gender, sexual orientation, and family situations
• A person’s sex cannot form basis for differences in work assignments, evaluations, training, or discipline
• Employers can’t take into consideration preference of others in making work assignments
• Can not discriminate based on pregnancy, childbirth, or other related condition
Presenter
Presentation Notes
Pre-employment and Current Employment Sex discrimination involves treating an applicant or employee unfavorably because of that person's sex. Pre-employment questions regarding gender, sexual orientation, or familial situations should be avoided, since those questions could form the basis of a subsequent sexual discrimination suit. All interview questions and conditions of employment should be job-related and arise from business necessity. Gender or sexual orientation cannot form the basis for differences in pay or benefits, work assignments, performance evaluations, training, discipline, discharge, or any other area of employment. Employers cannot take into consideration the preferences of others with regard to gender or sexual orientation in hiring or making work assignments. Pregnancy Discrimination Act of 1978 prohibits a decision not to hire someone because of pregnancy, having children, or desire to have children. Pregnancy discrimination involves treating a woman, an applicant or employee, unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. If a woman is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, the employer or other covered entity must treat her in the same way as it treats any other temporarily disabled employee. For example, the employer may have to provide light duty, alternative assignments, disability leave, or unpaid leave to pregnant employees if it does so for other temporarily disabled employees.
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Sexual Harassment- Quid Pro Quo
Quid Pro Quo – “This For That”
Presenter
Presentation Notes
Sexual Harassment It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include: “Sexual harassment” or unwelcome sexual advances Requests for sexual favors Other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. All state agencies must develop and implement a policy concerning sexual harassment and the resolution of such complaints. A copy of the department or institution of higher education policy shall be filed with the Office of Personnel Management (OPM).
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Sexual Harassment- Hostile Work Environment
Unwelcome verbal or physical conduct of a sexual nature when submission to or rejection of conduct explicitly or implicitly affects employment.
Examples:• Sexual or dirty jokes• Spreading rumors about sexual activity• Talking about sexual activity in front of others• Displaying sexually explicit material• Unwanted phone calls, email, visits, or date requests• Touching, hugging, kissing, or fondling
Presenter
Presentation Notes
Sexual Harassment Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment. Sexual harassment can occur in a variety of circumstances. Although many of us may think of sexual harassment as being initiated by males with female targets, the victim does not have to be of the opposite sex if the conduct is based on sexual orientation. Harassers can be supervisors, co-workers, or even non-employees. Sexual harassment can occur without economic injury to the victim.
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Age Discrimination
Age Discrimination in Employment Act
• Prohibits age discrimination for workers 40+
Presenter
Presentation Notes
Age Discrimination in Employment Act (1975) Arkansas law protects employees against discrimination based on their age. This law protects those individuals who are at least forty (40) years of age or older. No state department or institution shall fail or refuse to hire or to discharge an employee or otherwise discriminate against the employee with respect to compensation, terms, conditions, or privileges of employment because of the employee’s age. No state department or institution shall limit, segregate, or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of the individual’s age. An department or institution cannot reduce the wage rate of any employee because of age in accordance with this policy.
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Americans with Disabilities Act (ADA)
• Extends similar protections as Civil Rights Act of 1964
• Doesn’t create preferences or require hiring
• If disabled individual is qualified, employer must consider if person could perform essential job functions with reasonable accommodation
• Only required to accommodate known disabilities
Presenter
Presentation Notes
The Americans with Disabilities Act Originally passed in 1990 and significantly amended in 2008, the Americans with Disabilities Act (ADA) gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, sex, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications. Titles I and II of the ADA, covering employment and state and local government, are the most important sections for state employees. A person is considered to have a disability if he or she has a physical or mental impairment that substantially limits a major life activity, has a record of such impairment, or is regarded as having such impairment. People who have known associations or relationships with disabled persons are also protected under the ADA. The ADA prevents discrimination against disabled persons, but it does not create preferences or require the employment of persons who are otherwise unqualified. If an individual is qualified to perform essential job functions except for limitations caused by a disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation. Disability discrimination is when an department does one of the following: 1. Treats a qualified individual with a disability who is an employee or applicant unfavorably because he/she has a disability; 2. Treats an applicant or employee less favorably because he/she has a history of a disability (such as cancer that is controlled or in remission), or 3. Treats an applicant or employee less favorably because he/she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he/she does not have such an impairment). The law also protects people from discrimination based on their relationship with a person with a disability (even if they do not themselves have a disability). For example, it is illegal to discriminate against an employee because their spouse has a disability. The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer ("undue hardship").
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Equal Employment Opportunity Commission
(EEOC) Enforces civil rights laws on employment discrimination, harassment, or retaliation based on:
• State agencies covered by these laws• Most civil right acts require person to go through
EEOC process before being able to sue
• Race
• Color
• Religion
• Sex
• National Origin
• Age
• Equal pay
• Disability
• Genetic information
Presenter
Presentation Notes
What Is the EEOC? The Equal Employment Opportunity Commission (EEOC) is the federal department responsible for enforcing laws that make it illegal to discriminate, harass, or retaliate against a job applicant or employee on the basis of race, color, religion, sex, national origin, age, disability, equal pay and genetic information. Most employers with over 15 employees are covered by the laws that EEOC enforces. The EEOC has the authority to investigate complaints against employers who are covered by the laws that EEOC enforces. EEOC also creates regulations and guidance documents for complying with federal civil rights acts in the workplace. When investigating allegations of harassment, the EEOC looks at the entire record: including the nature of the conduct, and the context in which the alleged incidents occurred. A determination of whether harassment is severe or pervasive enough to be illegal is made on a case-by-case basis.
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Ethics
Presenter
Presentation Notes
State employees shall not be prohibited from communicating with an elected public official concerning matters related to the employee's job, except for matters exempted under the Arkansas Freedom of Information Act, or from exercising a right or privilege under the Freedom of Information Act. State employees shall not be subjected to discipline, threats of discipline, reprimands, either oral or written, or notations in their personnel files disciplining or reprimanding or otherwise be discriminated against, because the employee exercised the right to communicate with an elected public official or exercised a right or privilege under the Arkansas Freedom of Information Act. A state employee who has intentionally made untrue allegations to an elected official concerning matters related to the employee's job may be subject to discipline. A person who intentionally violates a provision is guilty of a Class A misdemeanor.
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Ethics Question
How Important are Ethics to you?
A. My ethics are questionable at best.
B. Ethics Schmethics!
C. I’m the most ethical person I knowD. I always make sure the people around
me are ethical
Presenter
Presentation Notes
How Important are Ethics to you? A. My ethics are questionable at best. B. Ethics Schmethics! C. I’m the most ethical person I know D. I always make sure the people around me are ethical
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Ethics Rules for State Employees
• Fair treatment of all
• Boost public confidence
• Avoid improprieties
Presenter
Presentation Notes
Ethics Rules for State Employees Public employment is a public trust. State employees must discharge their duties impartially so as to assure fair treatment for all citizens and avoid appearances of impropriety. State employees should conduct themselves in such a manner as to foster public confidence in the integrity of Arkansas state government. In order to maintain and promote a culture of honesty and ethical behavior, all state employees are required to review and sign an department’s code of ethics. Although each department’s code of ethics may have policies unique to that department’s culture or business, there are certain ethical rules and laws that apply to all state employees. No department will condone the conduct of an employee that either violates or has the appearance of violating the law or ethical provisions. This includes receiving payments for illegal acts, indirect contributions, rebates or bribery.
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Political Freedom
• State employees are not prohibited from communicating with elected officials about job matters
• Exception: Matters exempted under FOIA
• Employees will not be disciplined for communicating with elected officials
• Exception: Intentional untrue statements subject to discipline
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Political Actvity
An employee may apply political bumper stickers on a state vehicle.
True False
Presenter
Presentation Notes
An employee may apply political bumper stickers on a state vehicle. True False
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Political Activity
• State employees prohibited from political activity during work hours
• No political banners, posters or literature allowed in state offices
• No display of political stickers/decals on state vehicles or use of vehicles for campaigns
• No state official may coerce a state employee to contribute to particular candidate or cause
Presenter
Presentation Notes
State employees can, should, and are encouraged to participate in the election process so long as assistance to candidates is rendered on the employee’s own time and State property is not involved. Employees are not to endorse candidates, including the Governor, in their official capacity as State employees. A person’s status as an employee of the State is public knowledge. Public endorsements of a candidate can easily be interpreted as endorsements of an official capacity.
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Conflict of Interest
Employees must disclose additional income that meets or exceeds $500.00.
A. PerhapsB. I’m NOT disclosing anything!
No where, No how!C. How can I get an additional
income that meets or exceeds $500.00?
Presenter
Presentation Notes
Employees must disclose additional income that meets or exceeds $500.00. A. Perhaps B. I’m NOT disclosing anything! No where, No how! C. How can I get an additional income that meets of Exceeds $500.00
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Conflict of Interest
• Must not use official position to gain special privileges or profit from information gained through official capacity
• Outside employment or business activity must not conflict with official duties
• Employees earning more than $500 from sources other than regular salary must complete disclosure form
Presenter
Presentation Notes
Conflicts of Interest No state employee can use or attempt to use his or her official position to secure special privileges or exemptions except as provided by law for himself or herself or those with whom they have familial or financial relationships. State employees cannot accept outside employment or engage in any personal or professional activity that requires or induces them to disclose or profit from information gained in their official capacity which the law requires being kept confidential. Employees must avoid acquiring any business interests or any outside employment or activities that conflict with their official duties. State employees who earn more than $500 from sources other than their regular salaries must file a disclosure statement showing the sources of extra income.
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Conflict of Interest
An employee may claim official business when dealing with a personal issue if it is an emergency.
True False
Presenter
Presentation Notes
An employee may claim official business when dealing with a personal issue if it is an emergency. True or False
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Relationships with Clients & Suppliers
An employee may give a contract to their brother-in-law’s business.
True False
Presenter
Presentation Notes
An employee may give a contract to their brother-in-law’s business. True False
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Relationships with Clients & Suppliers
• State employee relationships with clients and suppliers must be free of financial interest
• “Financial interest” is receipt of more than $1000 per year, 5% or more ownership interest, or officer/director of business
• Rule extends to employee’s immediate family
Presenter
Presentation Notes
Relationships with Clients and Suppliers It is a breach of ethical standards for any employee to participate, directly or indirectly, in any governmental activity in which to the employee’s knowledge: The employee or any member of the employee’s immediate family has a financial interest; A business or organization has a financial interest, in which business or organization the employee or an immediate family member has a financial interest; Any other person, business, or organization with whom the employee or any member of the employee’s immediate family is negotiating or has an arrangement concerning prospective employment is a party. The employee or any member of the employee’s immediate family has a financial interest; A business or organization has a financial interest, in which business or organization the employee or an immediate family member has a financial interest; Any other person, business, or organization with whom the employee or any member of the employee’s immediate family is negotiating or has an arrangement concerning prospective employment is a party.
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Kickbacks and Gratuities
• Pertains to employees making decisions on state purchases and contracts for services and commodities
• No payment, commission or offer of employment may be offered as an inducement to award a contract or purchase
Presenter
Presentation Notes
Kickbacks and Gratuities It is a breach of state ethical standards for any employee to solicit, demand, accept, or agree to accept a gratuity or kickback from anyone in connection with any decision or recommendation pertaining to any contract or purchase.
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Kickbacks and Gratuities
Employees may accept gift certificates from vendors, members of the public, contractors, clients, and customers who make special requests.
TrueFalse
Presenter
Presentation Notes
Employees may accept gift certificates from vendors, members of the public, contractors, clients, and customers who make special requests. True False
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Gifts, Entertainments and Favors
• Employees may not receive anything other than regular salary for performing job duties
• Items intended to express appreciation for excellent job performance are acceptable if valued under $100
Presenter
Presentation Notes
Gifts, Entertainments, and Favors Employees must not accept entertainment, gifts, personal favors, or preferential treatment that could influence, or appear to influence, their decisions when performing their job functions. Public servants cannot receive compensation other than their regular salary for performing their official duties. However, public servants can receive items intended to show appreciation for job performance provided that the value of the item does not exceed $100.
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Gifts, Entertainments and Favors
Supervisors may accept gifts and Knick knacks as long as they do not exceed $1,000.00.
TrueFalse
Presenter
Presentation Notes
Supervisors may accept gifts and Knick knacks as log as they do not exceed $1,000.00. True False
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State Funds and Property
An employee may alter procedures in handling agency funds if it saves time.
TrueFalse
Presenter
Presentation Notes
An employee may alter procedures in handling agency funds if it saves time. True False
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State Funds and Property
• Employees must adhere to procedures for handling department funds
• Procedures for recording, handling and protecting money are available in the DFA-Office of Accounting Financial Management Guide
Presenter
Presentation Notes
Department Funds and State Property Employees who have access to department funds in any form must follow prescribed procedures for recording, handling, and protecting money. Personal use of state money or property is strictly prohibited.
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Department Records and Communications
Manipulated receipts or exaggerated travel costs, submitted for reimbursement, are not considered false reports.
TrueFalse
Presenter
Presentation Notes
Manipulated receipts or exaggerated travel costs, submitted for reimbursement, are not considered false reports. True False
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Department Records and Communications
• No internal or external false records or communications
• Employees must not use official position when communicating matters not involving department business nor for personal gain
• Department authorization required to express department views publicly
Presenter
Presentation Notes
Department Records and Communications Employees must not make or engage in any false record or communication, whether internal or external, including but not limited to: False expense, attendance, production, financial, or similar reports and statements; or, False advertising, deceptive marketing practices, or other misleading representations. Dealing with Outside People and Organizations Employees must not use their position or affiliation with their respective agencies when communicating regarding matters not involving department business. Employees must not use organization identification, stationary, supplies, and equipment for personal or political matters. When communicating publicly on matters that involve department business, employees must not speak for the department on any topic unless they are certain that the view they express are those of the department, and that it is the department’s desire that such views be expressed publicly.
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Reporting Suspected Fraud
• Employees have responsibility to report verifiable ethics violations, fraud, waste, or abuse of department resources
• Arkansas Whistleblower Act provides protection against reporting in good faith
• Fraud can be reported to:• Arkansas State Employee’s Abuse Report Center
1-800-952-8248• DFA Office of Internal Audit
(501) 682-0370
Presenter
Presentation Notes
Reporting Suspected Fraud Department employees have a responsibility to report occurrences of ethical violations, fraud, waste, or abuse of department resources that can be verified through investigation. The Arkansas Whistleblower Act protects employees against retaliation for reporting, in good faith, occurrences of ethical violations, fraud, waste, or abuse of department resources.
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Freedom of Information Act &
Reporting
Presenter
Presentation Notes
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What Information is Included in FOIA
Presenter
Presentation Notes
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Arkansas FOIA
• Arkansas has one of the broadest FOI acts in the nation
• Purpose is to ensure the governmental business is conducted in the open and made known to the public
• Covers both public records and public meetings
Presenter
Presentation Notes
Freedom of Information Act Arkansas has one of the broadest Freedom of Information acts (FOIA) in the nation. The purpose of the FOIA is to ensure that governmental business is conducted in an open manner so that policy and performance can be made known to the public. Unless specifically excepted, all public records are open to copying and inspect by any citizen of the State of Arkansas during regular business hours.
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Public Records
• Writings, recordings or films, electronic, computer-based information, or data compilations in any medium
• Emails, text messages on state-owned phones, site visit logs
• Required by law to be kept
• Any Arkansas citizen may make a request for existing documents only; request must be specific
Presenter
Presentation Notes
“Public record” means writings, recorded sounds, films, electronic or computer-based information, or data compilations in any medium required by law to be kept or otherwise kept that constitute a record of the performance or lack of performance of official functions that are or should be carried out by a state employee or any department supported wholly or partially by public funds. All records maintained in public offices by public employees within the scope of their employment shall be presumed to be public records. The scope of items covered by FOIA is vast and includes virtually everything you create, send, or review as a state employee. Emails sent using your computer, texts from state-owned phones, and logs of the sites you visit on a publically-owned computer are all discoverable. What is or isn’t a public record isn’t dependent upon who keeps the record or where it is kept—even records kept off-site by a third party are covered by FOIA. Any Arkansas citizen may make a request to the person holding or controlling the records to inspect, copy, or receive copies. The request can be made in person, by phone, by fax, by email, or by any other electronic means provided by the department. Requests must be sufficiently specific to enable the custodian to locate the records with reasonable effort. Agencies and employees are not required to create a document or record; FOIA only applies to existing public records.
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Knowing What’s Right
• Laws
• Policies and procedures
• Check before you act
• Master the 3 R’s—Respect, Responsibility, Results
• Know what can’t be compromised• Laws• Safety
• When in doubt, ask
Presenter
Presentation Notes
Knowing What’s Right Laws Understand both general workplace laws and those that are specific to your department’s work. Policies and Procedures Every department has policies and procedures. Don’t treat your department policy handbook like a doorstop—understand it. It can work both as sword and shield. Abiding by department procedures will often protect employees from claims of wrongful conduct. Master the Three R’s Respect, Responsibility, Results Know What Can’t Be Compromised Laws, Safety, Truthfulness When in Doubt, Ask Seek assistance from legal, HR, or other professionals, don’t take someone else’s word about law or policy and don’t gamble on not being found out.
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Ask It Basket
Presenter
Presentation Notes
Let’s fill up our Ask It Basket!
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Support Resources
State Personnel Policy-https://www.transform.ar.gov/personnel/policy/
Arkansas Department of Labor-http://www.labor.arkansas.gov/
Equal Employee Opportunity Commission-https://www.eeoc.gov/
Americans Disability Act-https://www.ada.gov/
Presenter
Presentation Notes
