Employee Policy Manual

GENERAL POLICIES

100 - Employee definition

Full-time Employee: A person who has satisfactorily completed a probationary period and is employed on a basis of 17½ or more hours per week in an FTE position that has been established by law.

Temporary Employee: A person employed in a position of limited duration. Temporary employees do not occupy regularly funded, classified positions and hours worked may vary. Benefits detailed in this book do not apply to temporary employees.

All employees have the right to discuss without fear of retribution any condition of employment with their program manager.

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101 - Hiring, promotion & career development

The Department of Agriculture recruitment policies are designed to find the most highly qualified persons available to fill vacancies in a timely and efficient manner. To achieve this goal, the Department will pursue all recruitment sources available, including promotion from within and external advertising.

All qualified applicants are considered for employment without discrimination due to race, religion, color, national origin, age, sex, disability, veteran, or marital status.

Veterans who are North Dakota residents are entitled to preference in employment as outlined in North Dakota Century Code 37-19.1-02.

Job related tests of a position’s essential functions may be required to evaluate qualifications of an applicant.

Circumstances of job market may dictate concurrent internal and external posting of open positions.

Hiring Procedure
Step 1 - Notification
Notify the program manager of the position opening. The program manager and Human Resource Management Services are available throughout the hiring process for guidance and assistance. Review Section 1 Employee Section of the Supervisor’s Guide (can be obtained from the Human Resource Management Services office or on the Human Resource Management Services website at www.nd.gov/hrms/).

Step 2 - Position Analysis
Review the current job description and update if necessary. If the job duties or respon-sibilities have changed significantly, revise the Position Information Questionnaire (PIQ) and contact Human Resource Management Services.

Step 3 - Job announcement development
Develop the job announcement for the open position utilizing information in the class specification, job description and PIQ and then submit to Human Resource Management Services. Human Resource Management Services lists the job announcement on their web page and also sends it to a list of subscribers in Job Service. Human Resource Management Services can also advertise in a combo ad in the four major daily newspapers within the state. You may also wish to advertise in targeted trade publications in order to reach a specific pool of candidates. Contact Human Resource Management Services for further information on advertising. All job announcements will request a state application form (SFN 10950), a cover letter, and a resume. Point of contact for all jobs will be the program manager or supervisor designated by the program manager.

For those jobs in which there is concern about the Department receiving an ample number of applicants, an active recruitment process should be activated to increase the number of qualified applicants for the position. A general letter of acknowledgement of receipt of the job application will be sent out by the program manager within three days of receiving an application.

Step 4 - First round interview pre-determination
The program manager or the agriculture commissioner’s designee will predetermine the number of candidates to be interviewed in the first round interviews. This will comprise the certificate of eligibles. First round interviews will be conducted by the program manager (and other personnel as determined by the program manager) and will include one representative of an external Department customer.

Step 5 - Second round interview pre-determination
The program manager or the agriculture commissioner’s designee will predetermine the number of candidates to be interviewed in the second round interviews. The agriculture commissioner or the selected representative of the agriculture commissioner and any others designated by the commissioner will conduct all second round interviews.

Step 6 - Application screening and rating form
The program manager will develop an application screening and rating form based on job announcement, job description and PIQ. The form factors in five points for qualified veterans and 10 points for qualified disabled veterans considering a 100 point score.

STEPS 4, 5 AND 6 SHOULD BE COMPLETED BEFORE APPLICATIONS ARE RECEIVED AND REVIEWED.

Step 7 - Interview question development
Interview questions with a scoring mechanism must be developed before the interviews take place. All interview questions must be job related. Review the job description and/or PIQ in developing interview questions. It is highly recommended to include “situational” questions to gauge the candidates’ abilities in handling real work situations. In addition, it is also recommended to develop a job-related test that measures a specific skill required for the job. The interview questions and scoring mechanism will be developed for all rounds of interview sessions before interviews take place.

Step 8 - Application materials screening and rating procedure
All application forms, cover letters, and resumes are screened utilizing the developed screening and rating form. Screening will be conducted by a panel including the program manager and may include a representative of an external Department customer.

Step 9 - Determination of round one interviews
Following the screening and rating procedure, the program manager will compile a registry of applicants (a listing of all applicants in rank order based on the score) and a certificate of eligibles (predetermined number of candidates to interview from Step 4). Those candidates on the certificate of eligibles will be contacted for the first round interviews. Unsuccessful candidates will receive a letter indicating that they will not be invited in for an interview.

Step 10 - Conducting round one interviews
First round interviews are conducted utilizing the predetermined questions and the associated scoring system from Step 7.

Step 11 - Determination of round two interviews
First round interview candidates are scored and ranked. The predetermined number of candidates from Step 5 is submitted to the agriculture commissioner.

In only those cases deemed necessary by the agriculture commissioner or selected representative will travel expenses for second round interviews be considered for reimbursement.

Step 12 - Conducting round two interviews
The designated individuals conduct second round interviews utilizing the predetermined questions and the associated scoring system from Step 7.

Step 13 - Final scoring - Second round interviews
The agriculture commissioner or selected representative scores and ranks second round interview candidates.

Step 14 - Reference checks
The agriculture commissioner or selected representative requests the program manager or Human Resource Management Services to conduct reference checks on the top candidates from the second round. Human Resource Management Services can help design reference check questions.

Step 15 - Final candidate selection
After reference checks have been completed, the agriculture commissioner makes selection decision and offers the position to the candidate by phone, then by written confirmation.

Step 16 - Background check
Following the acceptance of an offer of employment to fill an FTE (full time equivalent), the Department will conduct a state background check through the Bureau of Criminal Investigation on the successful applicant. For positions that will have access to personal information contained in the State's PeopleSoft system, successful applicants will be subject to an FBI criminal history background check pursuant to OMB policy 122. A review of a current driver's license record is required for employees occupying a position that requires use of a state-owned vehicle as an essential job function.

Step 17 - Follow-up
After an offer of employment has been accepted, the program manager will notify other applicants by letter that position has been filled. Veterans must be notified by certified mail. Assemble application materials, prepare required paperwork and submit to program manager.

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102 - Probationary period

New employees work a minimum probationary period of six months. During such period, the employee may be terminated with no right to appeal the termination.

The probationary period may be extended beyond the initial period for a specific period of time. The reason(s) for such an extension will be documented in writing with a copy given to the employee.

103 - Temporary Employee Benefits
A temporary employee may elect, within one hundred eighty days of beginning employment, to participate in the public employees retirement system and receive credit for service after enrollment. A temporary employee who elects to participate in the retirement plan is responsible for making all contributions to PERS.

A temporary employee may elect to participate in the group health insurance program. A temporary employee employed on or after August 1, 2007, is only eligible to participate if the employee is employed at least twenty hours per week and at least twenty weeks each year of employment. The Department may agree to pay the health insurance premiums when hiring temporary employees.

104 - Resignation

A minimum of two weeks written notice to the program manager is requested when an employee resigns. A copy of the resignation notice shall be forwarded to the employee’s personnel file.

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105 - Exit interviews

Prior to voluntarily leaving employment, the employee may be asked to participate in an exit interview with the program manager, who will make arrangements with the employee for the interview.

106 - Salary administration

All classified positions are assigned a pay grade and a salary range established by the State Human Resource Management Services Division.

Salary progression within the established salary range shall be based on the legislative pay plan, performance and availability of funds.

Any salary change is subject to approval by the program manager.

Upon successful completion of the initial probationary period, an employee may be eligible for a salary increase.

Paydays are the first day of each month for salaried employees. If the first working day of the month falls on a Saturday, Sunday, or holiday; the following workday shall be payday. Hourly employees are paid about the tenth day of the month.

107 - Position reclassification

A reclassification request may be submitted for review by the Human Resource Management Services Division when:

1) new responsibilities and duties are assigned;

2) a significant amount of responsibilities change;

3) a position has not been reviewed for three years, or

4) changes in a class specification do not accurately reflect the duties and responsibilities of the position.

Reclassification of a position will be reviewed by the Human Resource Management Services Division at the request of the employee, the program manager, or the Agriculture Commissioner.

Human Resource Management Services Division will notify the deputy commissioner of agriculture and the employee of the classification decision and also notify the employee of the right to appeal.

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108 - Performance management

The Department’s performance management objective is to help employees reach their perfor-mance potential and to ensure that the Department’s strategic objectives are carried out on all levels.

Performance management is a continuous cycle; critical elements include the Department’s mission, objectives, goals, current job description, performance standards, continuous performance feedback and monitoring, self-appraisal and formal performance appraisal.

At the completion of a probationary period, training period, and annually thereafter, an employee is evaluated by the program manager. All written evaluations are forwarded to the personnel records coordinator for retention in the employee’s personnel file.

109 - Disciplinary action

The Department’s disciplinary actions begin with informal verbal discussion and progress to more formal actions. The Department applies disciplinary actions to correct behavior, job performance, working relationships and violations of rules and standards.

Program managers will maintain written documentation to support all disciplinary actions.

Disciplinary actions resulting in dismissal, demotion or suspension without pay are contestable through the grievance policy (see NDDA Policy 110).

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110 - Grievance

A formal grievance exists when

1) an employee disputes or disagrees with terms or conditions of employment, performance appraisal, or the interpretation or application of a policy, rule or law excluding position classification, or

2) an employee disputes or disagrees with actions taken as a result of a harassment complaint.

Employees have the right to present grievances to supervisors, program managers or the deputy commissioner and are assured freedom from discrimination, coercion, restraint or reprisal in presenting grievances.

Employees may be represented by a representative of their choice.

Grievances using SFN 18049 should be presented as follows:

1) The employee explains the grievance in writing to his/her program manager. The grievance must be brought within 15 working days from time of the act causing the grievance. The program manager shall respond in writing to the employee within five working days. If the grievance is against the program manager, the employee may begin the grievance process with the next level of supervision.

2) If the grievance is not settled to the employee’s satisfaction at Step 1, the employee may advance a written grievance to the deputy commissioner within five working days. The deputy commissioner shall respond in writing within five working days.

3) If the grievance is not settled to the employee’s satisfaction at Step 2, the employee may advance a written grievance to the commissioner within five working days. The commissioner or commissioner’s designee shall respond within five working days. The Department’s internal grievance procedure closes on completion of Step 3.

4) If the grievance is not settled to the employee’s satisfaction after Step 3, the employee may submit the grievance to the Human Resource Management Services Division, if the following criteria are met:

a. the grievance has resulted from dismissal, reduction-in-force, suspension without pay, demotion, discrimination, forced relocation or reprisal by the Department, and

b. the appeal is received on the designated form and postmarked or delivered to the Human Resource Management Services Division no later than 15 working days from the date of receipt of the results of the final step of the Department’s grievance process.

Any grievance that is not appealed within the time allowed at each level is considered settled and binding. Official records of all grievances are maintained within the Department’s personnel records.

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111 - Harassment

The Department will not tolerate any verbal or physical contact that harasses, disrupts or interferes with the work performance of others or creates an intimidating, offensive or hostile environment. All forms of harassment, including sexual, racial, ethnic or religious, are prohibited.

All supervisors are responsible for maintaining a workplace that is free of any form of sexual harassment. The Department will provide training for all staff on a regular basis.

Employees who experience or witness actions or verbal expressions that they believe constitute harassment should report them immediately or file a complaint with their supervisor. Such complaints and reports will result in immediate investigation, including interviews with all parties and witnesses to the alleged harassment. Strict confidentiality will be observed during any investigation. Follow-up inquiries will be made to ensure that the harassment does not continue or resume and that no retaliation occurs. Interim corrective action, pending conclusion of the investigation, may be employed.

All disciplinary actions begin with informal verbal discussion and progress to more severe formal actions. The Department applies disciplinary actions to correct behavior, job performance, working relationships and violations of rules and standards.

After appropriate investigation, any employee who is found to have engaged in harassment of other employees will be subject to appropriate disciplinary action.

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112 - Violence

Threats of violence or intimidation to or by Department of Agriculture employees will not be tolerated. All threats will be taken seriously and thoroughly investigated.

All employees, both office and field staff are responsible for recognizing the warning signs of apparent danger. If a situation appears to be escalating to the point of confrontation or intimidation, or if the employee feels above average/extreme pressure from a customer/client, the employee shall leave the scene and report the situation to the program manager. Employees are protected from retaliation in any form when reporting information relating to field situations.

When a potentially harmful situation or conflict has been identified, the program manager will attempt to defuse it. However, if the customer/client persists with threats, the proper (local) authorities will be notified. Employees are not required to continue to work with a client who is confrontational and when danger exists. Employees should document their actions. Local police or, in some cases, clergy should be notified in emergencies.

Verbal or Physical Assault of State Agriculture Inspectors

I. Verbal Assault

First, if the verbal abuse does not present an inspection barrier or does not cause the inspector to believe he/she may be physically assaulted, the inspector should attempt to complete the inspection while speaking politely with the individual(s) present.

Second, an inspector verbally abused in a manner which reasonably presents a barrier to the completion of the inspection or causes the inspector to reasonably believe he/she may be physically assaulted should do the following:

1. If the inspector feels he/she is seriously threatened with physical injury, he/she should immediately discontinue the inspection and report the incident to his/her supervisor by phone or in person. Further, he/she should immediately provide his/her supervisor with a written memorandum that summarizes the relevant events. Particular attention should be paid to what was said and done by the inspector and the person(s) alleged to have made the threat. This memorandum should also include at least the following information items:

The place, date and time of the incident;

a) The employee’s assignment for that day;

b) The name(s) of those who committed the verbal assault;

c) The name(s) of those involved or who witnessed the incident, if any;

d) What happened and the sequence of events;

e) What action the inspector took after the alleged threat; and

f) Whether local law enforcement officers were called.

2. The inspector’s program manager should immediately notify the Department’s legal counsel of the incident. The division will prepare a certified letter to the person(s), describing the seriousness of the violation, and the legal steps the Department will take. A written response will be demanded within ten days outlining the steps which the individual will take to ensure the incident does not reoccur.

3. If the inspector has reason to believe a verbal assault might occur which could lead to a physical assault, the inspector should request his/her supervisor (approved by his/her program manager) to accompany the inspector on the inspection.

II. THREAT OF PHYSICAL ASSAULT

If the inspector and supervisor believe there is a substantial risk the inspection may result in physical assault, the supervisor may, with the approval of the program manager, request the appropriate law enforcement agency to accompany the inspector and/or supervisor. The program manager will notify the Department’s legal counsel of the proposed request.

III. PHYSICAL ASSAULT

If the inspector is physically assaulted during the inspection, the following steps should be taken:

1. The inspector shall immediately discontinue the inspection and leave the premises.

2. The inspector shall report to a hospital without delay if medical attention is required.

3. The inspector shall report the incident personally or by phone to the program manager and then to the local sheriff or other appropriate law enforcement agency as quickly as possible.

4. The inspector shall, as quickly as reasonably possible, prepare a written memorandum, which summarizes the relevant events. This memorandum should also include at least the following information items:

a) The place, date and time of the incident;

b) The employee’s assignment for that day;

c) The names of those who committed the physical assault;

d) The names of those involved or who witnessed the incident, if any;

e) What happened and the sequence of events;

f) What injuries or damage to property or to the employee was sustained;

g) What action the inspector took after the assault; and

h) Whether local law enforcement officers were called.

5. The program manager will immediately report the incident to the Department’s legal counsel.

6. The Department’s legal counsel will contact the sheriff or other appropriate law enforcement agency to ensure the assault will be investigated and criminal assault charges filed.

7. The Department’s legal counsel will work with the appropriate law enforcement agency to ensure:

1) he/she has all the information needed from the inspector and

2) the maximum charges allowed by law are filed based upon the evidence.

8. The Department’s legal counsel will coordinate the Department’s response during the resulting prosecution and keep the program manager and commissioner’s office staff informed of the prosecution’s progress.

IV. RE-INSPECTION

If the inspector has inspected a firm where verbal or physical abuse has occurred, the inspector should, prior to the inspection, inform his/her program manager/supervisor about his/her concerns.

The program manager/supervisor must take one or more of the following action depending upon the severity of the problem:

1. The supervisor will inspect the firm with the inspector or another supervisor.

2. Initiate an administrative meeting at 600 E Boulevard Ave - Dept 602 to discuss previous problems prior to the inspection.

3. Request the appropriate law enforcement agency to accompany the inspector(s) during the inspection.

4. Initiate the appropriate regulatory action against the firm, including licenses suspension or revocation, if allowed by statute.

When a law enforcement agency brings criminal charges in any of the above cases, the inspector will likely be called as the prosecution’s main witness at trial. The Department’s legal counsel will discuss trial procedures with the inspector and will also prepare the inspector for effective trial presentation.

Please contact your supervisor or the Department’s legal counsel if there are any questions on this policy.

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113 - Safety

The Department places employee safety above all other considerations. The Department recognizes national standards of safety and protection in developing safety and security policies.

Employees will be provided with information and training in safety and security.

Employees are encouraged to report to their program manager any dangerous situations, practices or materials they encounter in their work.

114 - Work week (Rev. 7/1/2005)

The Department’s normal work week is Monday through Sunday. A basic work week for full-time employment is five days or 40 hours.

The Department’s core business hours are 8:00 a.m. to 5:00 p.m. Monday through Friday.

115 - Hours of work

Employees are provided a 15-minute break (including smoking breaks) between 9:00 am and 11:00 am; a 15-minute break between 2:00 p.m. and 4:00 p.m., and a non-paid noon meal break of at least one-half hour.

116 - Inclement weather and emergencies

The governor will determine official closings of the Department for inclement weather and emergency situations. Local radio stations will announce official closings.

When the Department remains open during inclement weather or emergency situations, any employee who is unable to report to work shall notify his/her program manager and take annual leave or leave without pay. Field staff employees shall contact the program manager if they are unable to perform work assignments because of inclement weather or emergencies.

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117 - Flex hours

The Department allows flexible work schedules on a case-by-case basis. Employees interested in a flexible work schedule should give their program manager a written proposal that includes the following information:

1. Current and requested schedules

2. Reasons for change

3. Identification of potential problems the proposed schedule could create for customers, co-workers, program manager or others

4. Suggestions for overcoming these problems

Program managers are responsible for approving or denying flexible work schedule requests.

Flexible work arrangements should be re-evaluated periodically by both employee and manager. When the employee’s or the organization’s needs change, the arrangement may be modified.

A mother of an infant placed in child care will be allowed a flexible work schedule to allow her to pump breast milk or breastfeed her infant until the child is one year old. The schedule will be determined and agreed upon by the mother and the program manager.

118 - Overtime

Exempt Employees

Exempt employees may be given hour-for-hour compensatory time for all hours worked in excess of 45 hours Monday through Friday. Holidays are not considered hours worked in calculating compensatory time earned.

Exempt employees who work or travel on Saturdays and Sundays (weekends) may receive compensatory time on an hour-for-hour basis for each day worked.

Accrued credits for compensatory time may not exceed 120 hours and must be used before any accrued annual leave time.

A program manager or the selected representative must approve compensatory hours that are claimed and taken.

Compensatory time will be earned and used in one half hour increments.

Non-Exempt Employees

The Department policy for compensating non-exempt employees for overtime will be to provide compensatory time off at the rate of time and one-half for all hours worked in excess of 40 hours in a workweek. Holidays are not considered hours worked in calculating compensatory time earned.

All hours worked in excess of 40 hours per week must be approved in advance. Failure to secure approval to work overtime may subject an employee to the disciplinary process.

Compensatory time will be calculated one hour of leave for one hour worked if actual hours physically worked in a workweek are less than 40, but combined work hours and holiday leave hours exceed 40. 

Credits for compensatory time off must be claimed on the monthly request-for-leave form. Compensatory time should be taken within the same payroll period. An employee may not accrue more than 240 hours of compensatory time (which equals the result of 160 hours of overtime.) Accrued compensatory time must be used before any accrued annual leave time.

A program manager must verify the compensatory hours that are claimed.

Compensatory time will be earned and used in one half hour increments.

Upon termination, unused, accrued compensatory time will be paid at the final regular rate.

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119 - Annual leave
Substantial amounts of planned annual leave must be requested at least two weeks prior to leave being taken. Other leave, with the exception of emergencies or illness, is to be requested prior to leave being taken. Annual leave is taken in one half hour increments.

(HRMS policy: Unless otherwise authorized by the employing agency, annual leave should be used in increments of one hour.)

Employees who resign from the Department are paid for unused, earned annual leave, including any leave carried over from the previous year and all accrued leave from the current year up to the date of resignation. Annual leave balances that exceed 240 hours are lost on April 30^th each year. Those hours lost are not paid out.

120 - Sick leave

Sick leave is a benefit allowing employees to build a reserve of days to be used for extended illness. Sick leave is not an earned leave such as annual leave.

Sick leave means an approved absence from work, with pay, when a diagnosis or treatment of a medically-related condition is required or when the employee is ill or injured and unable to work. Up to 40 hours of sick leave may be used in a calendar year as family sick leave for an illness or medical need in the employee's family. An employee is responsible for informing his/her program manager, as soon as practical, when using sick leave. Sick leave is taken in one half hour increments.

Employees who have completed at least ten continuous years as a state employee will receive a ten percent payout of their sick leave balance upon termination of employment or retirement.

(HRMS policy: Unless otherwise authorized by the employing agency, sick leave should be used in increments of one hour.)

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121 - Military leave

Employees, who are enlisted personnel or officers in the National Guard or Armed Forces Reserve, will be granted military leave annually in accordance with North Dakota Century Code 37-01-25 and 37-01-25.1.

122 – Jury and witness leave (Rev. 9-1-99)

An employee called for jury duty or as a witness in a judicial proceeding shall inform the program manager. An employee who uses annual leave to serve jury duty, may retain jury duty fees. An employee may also choose to turn in the jury pay check to Fiscal Management and receive paid jury/witness leave instead.

An employee appearing as a witness or expert witness on behalf of the Department may not retain any witness fee.

123 - Family leave

Family leave is a leave of absence available to an employee for the birth, adoption or foster placement of a child; or for the serious health condition of a parent, child, spouse or the employee. Family leave is available to all employees who have worked for the state at least twelve months, and at least 1250 hours over the previous twelve months. 

The maximum length of leave available is 12 weeks in any 12-month period, which is prorated for part-time employees. Birth, adoption or foster care leave must be taken within 12 months of the event. 

Family leave is generally unpaid.  However, for a serious health condition of an employee,  prevented from completing his or her regular job duties but who is expected to return to his or her previous employment, family leave may be paid by the agency, after the employee has used all other available leave, including donated leave.  A serious health condition is a life-threatening illness, injury or impairment, that involves inpatient care and continuing, frequent treatment by a health care provider. 

Reasonable and practical notice must be provided to the agency; the needs of the agency shall be given reasonable consideration.

When leave is completed, the employee must be returned to the same position or a position with equivalent compensation and benefits. If a layoff would have caused the position to have been lost, this reinstatement provision does not apply.

An agency must continue health benefits at the same level and coverage as if the employee had not taken leave.

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124 - Funeral leave

Employees may take funeral leave with pay for up to 24 hours to attend or make arrangements for a funeral for a member of the employee’s family or family of the employee’s spouse. “Family” includes spouses, children, parents, siblings, grandparents, stepparents, foster parents, stepchildren, foster children, daughters-in-law and sons-in law.

Funeral leave is not considered sick leave or annual leave.

125 - Leave sharing

Employees may voluntarily donate annual leave or sick leave to another state employee with severe, extreme or life threatening situations that have caused, or are likely to cause, the state employee to take leave without pay or terminate employment. Employees are ineligible for leave sharing if they are in a probationary period.

The amount of received shared leave used cannot exceed four months in any 12-month period.

Annual leave shall be donated in full-hour increments. Employees donating time are required to retain a balance of 40 hours.

Employees may not donate more than five percent of their accrued sick leave hours.

Employees requesting leave share shall submit to the deputy commissioner of agriculture a medical certification from a licensed physician or health care practitioner verifying the severe or extraordinary nature and expected duration of the condition.

126 - Worker’s Compensation

Worker’s Compensation is a no-fault mandatory insurance plan to provide benefits to employees for job-related injury or occupationally incurred illness.

The employee is responsible for his/her own safety and health as well as the safety and health of co-workers. The employee is required to know and follow all safety rules and to attend safety training programs as assigned by the program manager.

All on-the-job accidents and injuries, occupationally incurred illnesses, near misses and safety hazards require immediate reporting, according to the Department Risk Management Plan.

In case of absence due to illness or injury for which Worker’s Compensation time-loss benefits are received, sick leave pay may be utilized to the extent of the difference between such benefits and the employee’s regular salary. The employee may elect to use Worker’s Compensation only or use it in combination with sick leave and/or annual leave. However, accrued leave shall only be charged for that percentage of time that corresponds to the percentage of salary that the Department pays. Upon using all accrued benefits, the employee is placed on leave without pay for the remainder of the recovery period. The total time-loss payment shall not be more than the employee’s regular pay.

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127 - Americans with Disabilities Act

The Department of Agriculture complies with the Americans with Disabilities Act (ADA) to protect individuals with disabilities from discrimination in employment or accessibility to the Department’s services. The Department makes reasonable accommodations for the known physical or mental limitation of ADA-qualified persons unless doing so would impose undue hardship on the Department.

The deputy commissioner oversees employment-related provisions, and the ADA coordinator oversees facility accessibility provisions of ADA. Employees who believe they have been discriminated against on the basis of disability should file a grievance with the deputy commissioner or ADA coordinator, who will investigate the grievance and seek a resolution through conciliation should any discrimination be found.

128 - Employee Assistance Program

The Employee Assistance Program (EAP) provides employees and their immediate families (employee’s spouse and/or children living in the same household as the employee) with assistance relating to substance abuse and dependency and personal matters, such as marital, financial, legal, work-related and family problems.

EAP counseling and referral services are offered through an off-site program contracted through the North Dakota Public Employees Retirement System and the Department. The EAP contractor, NDPERS and the Department will adopt safeguards to ensure the preservation of the privacy of the employee and his/her family and that all services remain confidential.

Employees may voluntarily seek EAP services or be referred to them by a supervisor.

For more information, go to: http://www.st.alexius.org/eap/

http://www.st.alexius.org/eap/services/services_default.asp

129 - Drug-free workplace

Employees are required to sign a Drug-Free Workplace Acknowledgment Form, SFN-16769.

It is unlawful to manufacture, transfer, distribute, dispense, possess or use a controlled substance, other than prescription medication, in the workplace. Violation of this policy may subject the employee to disciplinary actions leading up to and including dismissal.

Any employee convicted of violating any federal or state criminal drug statute in the workplace shall report the conviction to the deputy commissioner within five working days of conviction.

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130 - Driving Under the influence

Some Department positions require the use of state vehicles. Such employees charged with driving under the influence of alcohol or drugs must report the charge immediately to their program manager. The program manager, in consultation with the deputy commissioner or the Agriculture Commissioner, will determine an appropriate course of action.

131 - Personnel file

Any document placed in an employee’s personnel file relating to the employee’s character or work performance requires the employee’s signature or other acknowledgment that the employee has read the document. The employee has the right to answer, explain or add to any material filed, and the response will be added to the file.

Medical information and electronic fund transfer accounts are not retained in personnel files in accordance with confidentiality rules and regulations.

132 - Dress code

The Department of Agriculture projects a favorable, businesslike image through each employee. Employees are required to report to work dressed in a professional, businesslike manner.

Field staff employees will maintain a dress code as approved by the appropriate program manager.

133 - Keys

Keys that are issued to employees become their personal responsibility. Loss or theft of a key must be reported immediately. The employee will be charged a replacement fee for lost keys.

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134 - Airline travel

Fiscal Management will make all airline travel arrangements.Electronic airline tickets will be distributed by Fiscal Management.

All frequent flyer miles earned as a result of Department travel are the property of the employee.

135 - Expense vouchers

Expense vouchers are to be submitted to Fiscal Management by the sixth working day of the month following the month in which travel occurred. Receipts are required for miscellaneous expenses over $10.00 and lodging. www.nd.gov/eforms/doc/sfn52785-05-07.pdf

136 - Motor pool (Rev. 7-1-2008)

All motor pool vehicles are requested through Fiscal Management. Employees shall request any motor pool vehicle by submitting an online request to Fiscal Management. After using the vehicle, the employee must submit the yellow copy from motor pool to Fiscal Management by the end of the next working day. (See form.)
Employees are encouraged to use motor pool vehicles at all times for department business.  However, if an employee or any other individual uses a personal vehicle for Department business, reimbursement will be made according to the rates below.

Reimbursement for mileage for use of personal vehicles within the state is allowed
as follows:

1. The sum of 37.5¢ per mile traveled in the performance of official duty by motor vehicle, if a motor pool vehicle is available for use by the employee, or the sum of 45¢ per mile, if a motor pool vehicle is not available for use by the employee as determined by the deputy commissioner. 

2. If the rental rate of the motor pool vehicle required by the employee is greater than 45¢ per mile, the sum of 45¢ per mile.

Reimbursement for mileage for use of personal vehicles outside of the State is allowed as follows:

1. When airplane and taxi fares are accepted in lieu of mileage.
2. When reimbursement is at a rate of 37.5¢  per mile to a geographic point 300 miles each way from the borders of the state, and 18¢ per mile for the remaining distance.

PROVIDED THAT the lesser amount of (1) or (2) above shall be allowed. If more than one state employee travels in the same vehicle, 37.5¢ per mile for the entire trip will be allowed.

137 - Lodging & meals

Meals

Employees will be reimbursed at the rates defined in OMB Policy 505: breakfast, $5.00; lunch, $7.50; supper, $12.50. In order to claim reimbursement for previous amounts, the employee must be away from normal place of employment for a minimum of four hours. Employees will not be reimbursed for the first quarter if travel begins after 7:00 am.

The expense allowance for each quarter of any 24-hour period is as follows:

1. First quarter, 6:00 a.m. to 12:00 noon

2. Second quarter, 12:00 noon to 6:00 p.m.

3. Third quarter, 6:00 p.m. to 12:00 midnight

In order to claim meal expenses for the second and third quarters, the employee must have been in travel status one hour before the start of the quarter being claimed, and travel must extend at least one hour into the quarter being claimed.

Lodging

Employees will be reimbursed a maximum of $55.00 per night, plus applicable tax.

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138 - Information Technology Security Policy (Rev. 10-23-2005)

Introduction

Computer information systems and networks are an integral part of business at the North Dakota Department of Agriculture. The department has made a substantial investment in human and financial resources to create these systems.

The enclosed policies and directives have been established in order to:

• Protect this investment.
• Safeguard the information contained within these systems.
• Reduce business and legal risk.
• Protect the good name of the state agency.

Installation and support of ND Department of Agriculture software

The ND Department of Agriculture Data Coordinator is responsible for installing and supporting all software on department computers. This responsibility set includes:

• Office desktop computers
• Department laptop computers
• Palm devices
• Telecommuter home computers (provided by the department)

The Data Coordinator relies on installation and support to provide software and hardware in good operating condition to ND Department of Agriculture employees so that they can best accomplish their tasks.

The Internet and e-mail

Access to the Internet is provided to employees for the benefit of the ND Department of Agriculture and its customers. Employees are able to connect to a variety of business information resources around the world.

Conversely, the Internet is also replete with risks and inappropriate material. To ensure that all employees are responsible and productive Internet users and to protect the department’s interests, the following guidelines have been established for using the Internet and e-mail.

Acceptable use

Employees using the Internet are representing the department. Employees are responsible for ensuring that the Internet is used in an effective, ethical, and lawful manner. Examples of acceptable use are:

• Using Web browsers to obtain business information from commercial Web sites.
• Accessing databases for information as needed.
• Using e-mail for business contacts.

Unacceptable use

Employees must not use the Internet for purposes that are illegal, unethical, harmful to the department, or nonproductive. Examples of unacceptable use are:

• Conducting a personal business using department resources.
• Transmitting any content that is offensive, harassing, or fraudulent.

Employee responsibilities

An employee who uses the Internet or Internet e-mail shall:

• Ensure that all communications are for professional reasons and that they do not interfere with his/her productivity.
• Be responsible for the content of all text, audio, or images that (s)he places or sends over the Internet. All communications should have the employee’s name attached.
• Not transmit copyrighted materials without permission.
• Know and abide by all applicable ND Department of Agriculture policies dealing with security and confidentiality of company records.
• Run a virus scan on any executable file(s) received through the Internet.
• Avoid transmission of nonpublic customer information. If it is necessary to transmit nonpublic information, employees are required to take steps reasonably intended to ensure that information is delivered to the proper person who is authorized to receive such information for a legitimate use.

Access codes and passwords

The confidentiality and integrity of data stored on department computer systems must be protected by access controls to ensure that only authorized employees have access. This access shall be restricted to only those capabilities that are appropriate to each employee’s job duties.

Physical security

The department policy is to protect computer hardware, software, data, and documentation from misuse, theft, unauthorized access, and environmental hazards.

Employee responsibilities

The directives below apply to all employees:

• Diskettes should be kept away from environmental hazards such as heat, direct sunlight, and magnetic fields. If they contain highly sensitive or confidential data, they must be secured.
• Critical computer equipment, e.g., file servers, must be protected by an uninterruptible power supply (UPS). Other computer equipment should be protected by a surge suppressor.
• Avoid exposing hardware to environmental hazards such as food, smoke, liquids, high or low humidity, and extreme heat or cold should be avoided.
• The Data Coordinator is responsible for all equipment installations, disconnections, modifications, and relocations . Employees will not perform these activities. This does not apply to temporary moves of portable computers for which an initial connection has been made by the Data Coordinator.
• Employees shall not take shared portable equipment such as laptop computers, LCD projectors, overhead projectors and cameras out of the office without the informed consent of their program manager or data coordinator. Informed consent means that the program manager or data coordinator knows what equipment is leaving, what data is on it, and for what purpose it will be used.
• Employees should exercise care to safeguard the valuable electronic equipment assigned to them. Employees who neglect this duty may be accountable for any loss or damage that may result.

Copyrights and license agreements

The ND Department of Agriculture’s policy is to comply with all laws regarding intellectual property.

Legal reference

The ND Department of Agriculture and its employees are legally bound to comply with the Federal Copyright Act (Title 17 of the U. S. Code) and all proprietary software license agreements. Noncompliance can expose the ND Department of Agriculture and the responsible employee(s) to civil and/or criminal penalties.

Violations

Violations of these policies may result up to and including termination.

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139 - Telephone calling cards (Rev. 4-15-04)

Department of Agriculture employees may request telephone calling cards from their program manager or from the assistant to the commissioner. The employee’s division will absorb the cost of the telephone calling cards. Department telephone calling cards may not be used for personal calls.

However, an employee in travel status may make one phone call per day to the employee's city of residence. Employees are encouraged to use the state pre-paid long distance cards for this purpose. If unable to use the pre-paid card, reimbursement for these calls is subject to the following guidelines:

• Reimbursement is limited to $5 per day. The daily allowance cannot be carried forward and used on another day.

• An overnight stay is required to claim this expense.

• To claim this expense, the phone charge must appear on the lodging receipt or a separate receipt.

Emergency phone calls on a state telephone calling card will be considered on an individual case basis.

140 - Cellular phones (Rev. 9-1-99)

The department will issue cellular phones to positions as determined by the program manager. Cellular phones will be available for staff to check out for department-related business.

Personal use of department owned cellular phones is discouraged. Personal emergency use of department cellular phones is permissible.

Reimbursement of cell phones owned by the department employee will be reimbursed according to OMB Policy 523.

141 - Answering calls & taking messages

The telephone should always be answered in a polite, professional, and helpful manner.

If the employee being called is not available, the caller should be told that the employee is out of the office or away from his/her desk and when the employee is expected to return. The caller should also be asked if he/she would prefer to leave a message on employee’s voice mail or with the person answering the phone, or be asked if the call could be directed to someone else in the Department.

Never transfer a call before ascertaining if the call recipient is available.

An employee’s home phone number should not be given to callers without the employee’s permission.

Always record the name of caller, time of day, date, what the caller wants, and your initials when taking telephone messages.

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142 - Responding to public inquiries

Employees will return all telephone calls and e-mail messages on a daily basis and will respond to all written correspondence within five working days.

143 - Infant care at work

1. Infants, under six months of age, may accompany their mother or father to the office during normal work hours with prior approval of the program manager.

2. Parents must provide appropriate furniture for the infant’s care.

3. When an infant accompanies a parent to work, used cloth diapers must be stored in a closed container and taken home daily. Used disposable diapers must be properly wrapped and discarded in an appropriate container provided by the parent and placed in an area not used by staff for office or meeting space.

4. An infant who accompanies a parent to work will be allowed at the parent’s work space. The infant may be present in another employee’s workspace if the parent and the other employee agree to the arrangement. Consideration must be given to the infant’s safety at all times.

5. This arrangement will be evaluated weekly by the program manager. If the program manager determines that the infant’s presence is disruptive to the work environment, the parents must make alternative childcare arrangements within one week. Excessive visiting of the infant by co-workers is discouraged.

6. Non-state employees, including children of employees, may not travel in state vehicles. If the parent’s job includes travel, he/she will need to make child care arrangements for those days of travel, or travel in his/her own vehicle.

7. Before bringing an infant to the workplace, the parent must sign an indemnification agreement.

Waiver of Liability - Infant at Work Form

Infant at Work Request

Supervisors' Infant at Work Review

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144 - Procurement

The deputy agriculture commissioner or the deputy’s designee is designated the Department’s procurement officer. The procurement officer must approve all purchases over $2,500.

The bidding procedures for procurement of both commodities and services (except printing) are as follows:

• Up to $2,500 – use adequate procedures to ensure the price is fair and reasonable (1 quote), using the purchasing card whenever possible;
• $2,501 to $25,000 – obtain a minimum of 3 informal bids or proposals documented using the following form: www.nd.gov/eforms/doc/sfn02706.pdf. Attach the completed form to either the invoice or the monthly purchasing card statement
• Over $25,000 – full formal sealed competition with notice to vendors on the state bidders list.

The bidding procedures for procurement of printing are as follows:

• Agencies and institutions may purchase printing from OMB Central Duplicating Services and OMB state contracts for printing, regardless of the dollar amount.
• Printing up to $2,500: Agencies may purchase printing under $2,500 using small purchase procedures to ensure the pricing is fair and reasonable, including soliciting one quote.
• Printing over $2,500: Agencies must submit a Purchase Request to the OMB State Procurement Ofice for any printing over $2,500. Agencies with reoccurring printing requirements may ask the State Procurement Office to establish a state contract.

Additional information about state procurement is available at the following link:

www.nd.gov/spo/legal/guidelines/

All employees are encouraged to participate in procurement training through the Office of Management and Budget.

144.1 - Purchasing Cards (P-Card)

Employees who are entrusted with a State of North Dakota Purchasing Card shall read and follow the rules set forth in the Purchasing Card User’s Manual from the Office of Management and Budget.

http://www.state.nd.us/fiscal/docs/PurchCardManual.pdf

Employees shall not use a P-card to purchase computer software or hardware, and office equipment or furniture without prior approval of the deputy commissioner or the information technology coordinator.

The monthly purchasing card statement, signed purchasing card record and receipts must be submitted on a schedule determined by Fiscal Management.

Purchasing card limits for each staff member will be set by the program manager.

Any misuse of the purchasing card or other failure to comply with the applicable policies and procedures will result in the following:

• Revocation of the purchasing card.
• Appropriate disciplinary actions, which may include termination.
• Repayment of transactions resulting from personal use of the purchasing card.

Repayment will include any applicable taxes.

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144.2 - Printing

Employees must use Central Duplicating Services for any copying job that is over 250 copies. Central Duplicating Services’ Docutech program should be used whenever applicable. The Docutech program allows you to directly send electronic print jobs to Central Duplicating Services.  Individuals in each program area have the capability to connect to Central Duplicating Services through this system. 

Upon completion of the print job, a copy of the material printed must be attached to the yellow copy of the printing requisition and submitted to Fiscal Management for filing.

Employees should review the Central Duplicating printing manual before conducting any printing process (See http://www.state.nd.us/csd/duplicating/manual.pdf).

Outside printing estimated to be over $2,500 not printed by Central Duplicating Services must be requisitioned through the State Procurement Office.

Each program manager within the Department will designate an individual who will be responsible for the program area’s printing orders.

Procurement of printing services must follow the guidelines established by the Office of Management and Budget

http://www.state.nd.us/csd/spo/laws-rules-guidelines/guidelines-procurement-of-printing.pdf.

144.3 - Supplies

The deputy commissioner will designate an employee or employees to purchase all department operating and office supplies. Supplies will be purchased from Central Supply once a week, unless an emergency requires more frequent purchases.

Office supplies will be centrally located in the sixth floor vault. Employees should notify the designated supply purchaser whenever items are running low/or an employee is in need of certain items for a project.

144.4 - Information Technology Purchases

All information technology purchases must be made by the information technology coordinator. The information technology coordinator will ensure the request is reflected, if necessary, in the Information Technology Plan. All information technology contracts must be developed in coordination with the information technology coordinator. Information technology contracts must also be reviewed by the state’s Information Technology Department before final signature.

144.5 - Contracts

The Department requires contracts for the following situations:

• Purchases of services
• Grants in which the Department is the grantee
• Grants in which the Department is the grantor
• Lease of buildings or real property
• Leases of equipment

All contracts will be developed according to the contract writing guide developed by the North Dakota Attorney General’s Office.

www.ag.nd.gov/manuals/contractmanual/contractdraftmanual2007.pdf

All information technology contracts must be developed in coordination with the information technology coordinator. Information technology contracts must also be reviewed by the state’s Information Technology Department before final signature.

The deputy commissioner or his designee must sign all contracts.

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145 - Personal mail

No personal mail is to be placed with the Department’s mail.

146 - Honoraria

Employees who receive honoraria in the course of their duties shall return them to the donors. If the donor refuses to take back a monetary honorarium, the employee shall inform the program manager and deposit the money with the State Treasurer’s office. If the donor refuses to take back a material honorarium, the employee shall inform the program manager, who will determine if the employee may keep the gift or if it should be donated to charity.

147 - Social fund

Flowers (costing up to $25) may be given to a hospitalized employee or spouse. If an employee is hospitalized for a month or more, the committee may decide if anything further should be done. Another gift may be considered if flowers are inappropriate.

Contributions will be collected from each employee for the fund on an “as needed” basis.

148 - Awards

An employee who has completed the equivalent of 5, 10, 15, 20, 25, 30, 35 or 40 years of fulltime employment with the state is eligible to receive a service award. Service awards are based on total years of state employment, whether continuous or interrupted.

Temporary employees will be recognized in the same manner as fulltime employees for years of service based on 2,000 hours being equal to one year of service.

The years of service and the monetary value associated with each service level are described at the following link:

www.legis.nd.gov/information/acdata/pdf/4-07-18.pdf

149 - Professional fees and dues

The Department will pay memberships and professional dues for employees in instances where the Department derives a benefit from that membership. All memberships and professional fees shall be approved by the program manager.

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150 - Tuition assistance (Rev. 1-7-2004)

The Department encourages employees to seek educational opportunities at degree-granting institutions or to obtain specialized training to increase their employment skills.

Subject to availability of funds, the Department will reimburse full-time employees for 75 percent of tuition and laboratory fees and will provide reimbursement for textbooks for any course related to a degree program at a rate equal to the greater of either $50 or 50% of actual expenses.

Any course taken must be job-related or necessary for a degree being sought. The employee's supervisor must approve a written request for tuition reimbursement prior to registration for the course.

Flex-time will be allowed when taking courses, provided it does not interfere with the employee's workflow and generally will be used only during the week. The 75 percent reimbursement rate will not exceed more than $2,250 annually (July 1 - June 30). Reimbursement will be made when the employee successfully completes the course with a grade of C or higher.

The student must provide a transcript upon completion of the course. The transcript will be kept in the employee's personnel file.

151 - Conflict of interest
The public expects the highest standards of ethical behavior from employees of the Department. Therefore, it is necessary that these employees perform their duties with integrity and dedication.

Definition: A conflict of interest exists when an employee’s private interest may conflict or give the appearance of conflict with employee job description, duties or responsibilities.

Purpose: The purpose of adopting written standards of conduct is to ensure public confidence in the integrity and dedication of the Department and its employees. To that end, all employees will:

1. Perform all assigned duties impartially and fairly.

2. Use the highest ethical standards while performing assigned duties.

3. Receive no private financial gain from activities directly or indirectly related to job responsibilities.

4. Notify the program manager immediately for guidance when a potential conflict of interest is anticipated.

5. Delay or avoid a potential conflict of interest situation if a program manager is not available for guidance.

Scope: Since a comprehensive code of conduct covering all possible situations can not be devised, employees are expected to use their judgement in situations where potential conflicts may exist. Discussion of the situation with the immediate supervisor is strongly recommended whenever possible.

General Guidelines:

1. Outside employment or other activity contrary to state or federal law from which financial or other benefits are obtained, or which are considered incompatible with employment at the Department, must be avoided.

2. Employees with responsibility for inspecting or regulating may not have financial dealings with those parties the employee inspects or regulates when these dealings relate to the activities the party is being regulated or inspected for.

3. Employees with responsibility for providing a service may not privately receive financial or other reimbursement if these services could be provided as part of an employee’s position at the Department.

4. Employees may not have a financial or other private interest in a company or other entity certified or licensed by the program area for which the employee works.

5. Employees shall not utilize confidential information obtained as part of employment at the Department for personal benefit or private financial gain.

6. Employees responsible for certifying or licensing shall not receive private financial or other benefit from an action to approve or deny a certification or license.

7. Employees shall not deal directly with close family members (brothers, sister, father, mother, wife, husband, or children) as part of the job requirements of the Department unless the program manager is informed and has approved.

8. Employees will not allow personal bias to influence their responsibility to serve, certify, license, inspect or regulate.

Gratuities: Acceptance of personal gifts, rewards, payments, favors or anything of more than nominal value from any parties that the employee is responsible to serve, certify, license, inspect or regulate as part of their job responsibilities with the Department will be viewed as a potential conflict of interest. The occasional acceptance of a common courtesy, such as a cup of coffee or meal, is acceptable.

Summary: Since most cases of a potential conflict or interest are not clear-cut, common sense must prevail. If acceptance of anything from a party normally dealt with as part of a job responsibility could compromise the employee’s objectivity or be viewed by an outside party as being compromising, then the offer must be refused or the activity stopped. In any case where the employee is uncertain, discussing the situation with the supervisor is strongly recommended.

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152 – Copying charges
The standard rate for copying will be $0.25 per page.

153 – Release of Employee Information
Any record of a Department employee’s medical treatment or use of an employee assistance program is not to be part of that employee’s personnel record and is confidential and may not be released without the employee’s written consent.

Employee personnel information, defined in NDCC 44-04-18.1(2), is considered exempt from the open records law. It is the Department’s policy not to release any “personal information,” defined in NDCC 44-04-18.1(2), without the employee’s consent.

154 – Staff Internet/E-mail Access

Program managers will identify appropriate field staff who will be reimbursed for conducting Department business using a private Internet service provider.

Reimbursement is limited to $30.00 per month upon submission of a receipt. The monthly allowance cannot be carried forward and used on an additional month. Reimbursement must be requested on the monthly expense voucher as a miscellaneous expense.

www.nd.gov/eforms/doc/sfn52785-05-07.pdf

Program managers will ensure that staff who are reimbursed for Internet access are using the system monthly for Department business. Staff members are expected to reply to appropriate e-mail messages and to use the Internet access to conduct Department business.

The Department is not responsible for maintaining and replacing privately owned computer hardware.

155 – Public Notice of Department Rulemaking

The Department will identify all major interest groups and submit notice of rulemaking at the same time notification is sent for official publication in county newspapers. Program managers should assess which interest groups and individuals shall be informed of the rulemaking process. Notification can be made by postal mail or e-mail. A record shall be kept of all interest groups or individuals that are notified.

It is also the policy that the same list identified above shall be notified of the time and place the administrative rules committee will review any rule.

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156– Sanitation Procedures for Inspections on Animal Facilities

There are many diseases (eg. Johnes disease, E. coli, Salmonella, etc) that can negatively impact livestock producers and reduce their productivity and profitability. It is the responsibility of the North Dakota Department of Agriculture (NDDA) to protect the state's livestock producers and make them as profitable as possible. Therefore, it is the responsibility of the employees of the NDDA to take at least the actions listed below to prevent the spread of disease from farm to farm during their visits to farm animal facilities.

I. If a farm animal facility has its own sanitation program, abide by those biosecurity or sanitation procedures.

A. A farm animal facility is any building(s) or area that is in contact with or exposed to domestic animals or nontraditional livestock (except dogs and cats).

II. The following practices are basic elements of the sanitation program and should be considered the minimum standards when entering a farm animal facility.

A. Always wear clean coveralls (free of organic material).

B. Always wear disposable plastic boots or clean rubber boots (which have been scrubbed with the disinfectant solution). All manure and dirt shall be scrubbed off rubber boots before and after entering a farm animal facility.

C. If possible, leave disposable materials on the farm on which it was used. If this is not possible, the discarded equipment shall be placed in a garbage bag sealed and incinerated or disposed of in a landfill approved by the North Dakota Department of Health.

D. Pen to pen movement by inspectors should be kept to a minimum.

III. Preparation of Disinfecting Solution: In a bucket, prepare a 2-4 gallon solution of an approved disinfectants (see list) mixed with water according to label instructions. FOLLOW ALL LABEL INSTRUCTIONS ON THE CONTAINER.

Approved disinfectants are Environ One Stroke®, Tek-Trol®, Nolvasan®, Virkon-S®, and Roccal-D®.

IV. Whenever possible, only enter an animal facility with the owner or employee being present. If possible, call in advance to schedule an appointment.

V. Vehicles should be parked away from areas exposed to livestock. If there is any contamination of the vehicle (eg. feces, saliva, etc), the vehicle shall be cleaned and disinfected prior to visiting another farm.

VI. Each agency shall be responsible for educating their inspectors in biosecurity and sanitation measures and for providing necessary materials.

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It is the Department of Agriculture's desire to provide a drug-free, healthful, and safe workplace. To promote this goal, employees are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner.

While on the Department of Agriculture's premises and while conducting business-related activities off the Department of Agriculture premises, no employee may use, possess, distribute, sell, or be under the influence of alcohol or illegal drugs. The legal use of prescribed drugs is permitted on the job only if it does not impair an employee's ability to perform the essential functions of the job effectively and in a safe manner that does not endanger other individuals in the workplace.

Violations of this policy may lead to disciplinary action, up to and including termination of employment, and/or participation in a substance abuse rehabilitation or treatment program. Such violations may also have legal consequences.

A manager may require an employee to leave the workplace if the manager, in their discretion, determines the employee has reported to work in an inappropriate mental or physical condition and cannot perform the essential functions of the job effectively and in a safe manner that does not endanger themselves or others. The employee may be required to use a day of annual leave or sick leave. If the manager determines the employee should not operate a motor vehicle, the manager may arrange transportation for the employee. If the employee refuses to accept transportation and insists on operating a motor vehicle, they will be informed by the manager that law enforcement officials will be notified that the employee appears unfit to operate a motor vehicle. Law enforcement officials should then be appropriately notified.

To inform employees about important provisions of this policy, the Department of Agriculture has established a drug-free awareness program. The program provides information on the dangers and effects of substance abuse in the workplace, resources available to employees and consequences for violations of this policy.

Employees with questions or concerns about substance dependency or abuse are engcouraged to use the resources of the Employee Assistance Program. They may also wish to discuss these matters with their supervisor or the Human Resources Department to receive assistance or referrals to appropriate resources in the community.

Under the Drug-Free Workplace Act, an employee who performs work for a government contract or grant must notify the Department of Agriculture of a criminal conviction for drug-related activity occurring in the workplace. The report must be made within five days of the conviction.

Employees with questions on this policy or issues related to drug or alcohol use in the workplace should raise their concerns with their supervisor or the Human Resources Department without fear of reprisal.

158 - Commissioner's Award for Professional Excellence

NORTH DAKOTA AGRICULTURE COMMISSIONER’S AWARD
FOR PROFESSIONAL EXCELLENCE

The North Dakota Agriculture Commissioner’s Award for Professional Excellence will be presented to agency employees who have produced superior products or services and who have projected a positive image for the agency. Nominees for the award will exemplify some or all of the following:

• Routinely demonstrate the ability to perform high-quality work supporting the agency’s mission statement and goals.
• Consistently demonstrate concern about others and offer assistance to others when help is need.
• Dependably carry out job-related tasks in a timely manner.
• Consistently exhibit a positive attitude about work.
• Generally foster a cooperative, respectful and mutually satisfying work relationship with co-workers and customers.
• Have made a significant contribution that has had a positive effect on the customers of the agency.

One employee will be recognized quarterly for professional achievement and will receive a performance bonus of $500.

The Commissioner, Assistant, and Deputy are not eligible to be nominated. All other full-time or part-time non-probationary employees holding a regularly funded non-temporary position who have been in state government for at least one year are eligible. To be considered for the award, an agency employee must first be nominated by a co-worker or an outside customer. An employee may not receive this award more than once in a fiscal year.

Deadlines for nominations are one month prior to the “award dates” of January 1, April 1, July 1, and October 1.

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159 - Grant Acceptance Policy (7/1/2005)

All grant applications must be reviewed by the deputy and the account budget specialist before submission to a granting agency. Grant proposals should be for an amount of at least $10,000 and should include an amount of at least 5 percent budgeted for administrative costs. All grant agreements must be signed by the deputy.

160 - Nondiscrimination (10/17/2005)

The Department does not discriminate against individuals on the basis of race, color, sex, sexual orientation, gender identity, religion, disability, age, veteran status, ancestry or national or ethnic origin in the administration of its policies, programs, services, regulatory duties, and associated activities.

The following statement will be added to all Department public information publications or materials:

“The North Dakota Department of Agriculture is an equal opportunity employer and provider.”

161 - Telecommuting (10/23/2005)

Definition: Telecommuting is an official work arrangement in which some or all of the work is performed at an off-Capitol campus site such as a home or another external work site (rented office space). Field inspectors and their home locations are not telecommuting locations because they are established permanent work sites.

Authority: The deputy agriculture commissioner, in consultation from a program manager, has the authority to establish official telecommuting arrangements, and is encouraged to give serious consideration to all reasonable requests. However, official work arrangements should be authorized only when it is in the best interest of the Department.

Process: The following steps should be followed:

1. Either the employee or the Department may initiate the request.
2. If the employee initiates the request, the employee should send a written request to the appropriate program manager detailing a plan to move some or all work duties off-Capitol campus.
3. If and when the program manager agrees to the official work arrangement, the deputy agriculture commissioner will complete a formal, written agreement. The agreement will become part of the employee’s personnel record.
4. The official agreement will be reviewed by the program manager and the employee every six months.
5. The deputy agriculture commissioner reserves the right to cancel an official work agreement with 30-days written notice to the employee.

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162 - Fixed Assets (5/22/2006)

Fixed asset records are maintained of those items greater then $500.00.  An annual physical inventory is taken and certified of those items estimated to be greater then $500.00.  Fixed asset records are also maintained for sensitive items (i.e. computers, printers, digital cameras, lab equipment, etc.) for insurance and warranty purposes. 

163 - Publications (10/10/2006)

GENERAL POLICY

The content of any North Dakota Department of Agriculture publication is the responsibility of the program manager under whose authority the publication is conceived, developed, prepared and published.

The Executive Services Program Area is responsible for the design, layout and typesetting of all North Dakota Department of Agriculture publications, and for negotiations with the printer(s) of those publications. The Executive Services program manager will appoint an Editorial Committee to assist in the production of department publications.

PUBLICATION PROTOCOL

1. The person (author) assigned by a program manager to develop a publication produces or collects all pertinent information – text, graphics, photographs, etc. Any copyrighted or trademarked materials must be identified and arrangements made with the owner or the materials for republication.
2. The author and the assigning program manager contact Executive Services