SCDC POLICY/PROCEDURE

OPERATIONS MANUAL: ADMINISTRATION

SUPERSEDES: ADM-11.28 (February 1, 2002)

STATE/FEDERAL STATUTES:  Equal Employment Opportunity Act (Title VII, Civil Rights Act, Including Subsequent Amendments); Americans With Disabilities Act; South Carolina Code of Laws, 1976, as amended, Sections 8-11-120, 23-23-50, and 59-111-50.

PURPOSE: To provide standardized guidelines for the selection and hiring of qualified individuals by the South Carolina Department of Corrections.

SPECIFIC PROCEDURES:

1.  GENERAL:

1.1 The SCDC actively promotes compliance with the Equal Employment Opportunity Act, Affirmative Action Act, and Americans with Disabilities Act. Any selecting official who willfully or negligently fails to comply with the requirements of these Acts or with the requirements of the Agency’s Equal Employment Opportunity and Affirmative Action plans and programs will be subject to corrective action, up to and including termination. To further promote compliance with the Equal Employment Opportunity Act and Affirmative Action Act, the SCDC recommends that all screening and selection panels include minority and female representation. The Division of Human Resources will establish Affirmative Action programs for all institutions, divisions, and offices and will establish appropriate monitoring processes to advise selecting officials of classifications that are under-represented by minorities and women in accordance with SCDC Policy/Procedure ADM-11.20, "Equal Employment Opportunity/Affirmative Action." The Agency will ensure that no business transactions, employment advertisements, etc., are conducted with any organization, contractor, or sub-contractor, vendor, etc., who promotes discrimination or who federal or state authorities have determined is not in compliance with equal employment opportunity guidelines.  (3-ACRS-1C-02, 3-ACRS-1C-04, 3-ACRS-1C-04-1, 3-4048, 3-4053, 3-4053-1)

1.2 The South Carolina Department of Corrections (SCDC) will comply with all provisions of the State Office of Human Resources Rules and Regulations Manual, as well as all applicable state and federal statutes and regulations, and Agency directives with regard to the hiring, selection, and employment of individuals to positions within the Agency. Only those positions that have been established and classified in accordance with State Human Resource Regulations will be available for filling.  In the case of unclassified positions (executive staff), employment will be made in accordance with the policies/procedures of the State Budget and Control Board.

2. REQUEST TO FILL A VACANCY:

2.1  All current vacancies or projected vacant positions, to include Associate Warden and Warden vacancies, must be requested by the appropriate official and entered into the Automated Vacancy System (AVS) by the requesting Division/Institution Human Resource Manager or designee.

2.2  Unclassified executive staff and temporary positions will not be announced through the AVS.

2.3  Positions for announcement will be automatically routed to the Classification and Compensation Branch to review elements related to the position, review the state minimum, and define the SCDC additional requirements.

2.4  After review/approval by the Classification and Compensation Branch, vacancy announcements must be approved by the designated approving official, i.e., Warden, Division Director, or Central Office Supervisor. All Central Office positions must be approved by the designated Central Office official in consultation with the Warden/designee. (Note:  An institution does not approve a Central Office position for announcement.)

2.5  Upon approval by the approving official, all announcements will automatically be routed to the Recruiting and Employment Services Branch for the designated recruiter's final review and approval for an automated announcement.

2.6  If, at any stage identified in Sections 2.2 through 2.5, above,  incorrect information is found, the vacancy announcement may be delayed until all information is corrected.

3. ANNOUNCING POSITIONS:

3.1  All vacant positions will be announced in accordance with Section 8-11-120 of the South Carolina Code of Laws, 1976, as amended.

3.2  The Recruiting and Employment Services Branch will announce vacant positions through the AVS two (2) times per week unless a holiday occurs on the scheduled announcement date. Vacant position announcements will remain active for seven (7) working days, excluding weekends and holidays, except when otherwise approved by the Division Director of Human Resources. (3-ACRS-1C-02, 3-4048)

3.3  The Recruiting and Employment Services Branch will be responsible for electronically forwarding vacancy announcements to the appropriate Human Resource Manager/Liaison in each SCDC institution and/or designated divisions. Human Resource Managers/Liaisons will retrieve the vacancy announcements from the Agency's messaging system on Tuesdays and Thursdays, unless informed otherwise. (NOTE: The Chief, Recruiting and Employment Services Branch, must be notified of any changes to the Liaison responsible for receiving vacancy announcements.)

3.5  Announcements must remain on the bulletin board through the closing date posted on the announcement. The name of the Human Resource Manager/Liaison responsible for posting job announcements at his/her location must also be posted on the bulletin board. Designees other than the Human Resource Manager/Liaison must be appointed by the Warden or Division Director. (NOTE: The Central Office Vacancy Announcement Board will be maintained by the Recruiting and Employment Services Branch.)

3.6  The general public will have access to vacancy announcements through the Applicant Telephony System, by visiting the Recruiting and Employment Services Branch, or by visiting an institution. Positions that are difficult to recruit will be posted on the internet. The Recruiting and Employment Services Branch will also forward vacancy announcements to other state agencies and recruitment sources as designated.

3.7  Classified newspaper advertisements may be requested at the time a request to fill a vacant position is made. The Recruiting and Employment Services Branch will coordinate with designated newspapers for publication of the vacant position. (3-ACRS-1C-02, 3-4048)

3.8 The guidelines listed below should be followed when requesting classified newspaper advertisements of vacant positions:

3.8.1  Newspaper advertisements should be requested only for those positions that are considered difficult to fill.

3.8.2  No advertisement for a position(s) will be placed with periodicals that segregate their ads on the basis of race, creed, religion, age, sex, national origin, and/or disability. All advertisements will clearly state the Agency's position on equal employment opportunity.

3.8.3  The Chief, Recruiting and Employment Services Branch, or designee will review all advertisement requests and may deny a request for advertising due to the cost and/or the suitability of recruiting.

3.9  If a position becomes vacant and a previously announced position with the same job classification, band/level, and location had been previously announced within 90 days of the current vacancy, the selecting official may request to fill the position from the referrals of the previously announced position, as follows:

3.9.1  To request to fill a vacancy based on a previously announced position, the position must be keyed into the AVS providing all pertinent information. However, under the "Comments" section, it must state, "Position to be filled from previously announced position-psn#------." These positions will not be announced electronically and will not be posted.

3.9.2  Selecting officials utilizing the referrals from a previously announced position may select either the second highest scoring candidate from the prior interview process, or select new candidates to interview.

4.  APPLICATION PROCESS:

4.1  Applicants, to include current SCDC employees, who do not have an active application in the SCDC Applicant Referral System (ARS) and wish to be considered for a specific position must complete SCDC Form 16-9, "SCDC Employment Application," and may apply for specific position(s).  A resume may be attached to SCDC Form 16-9; however, it will not be accepted in lieu of the application. Applicants must be explicit in submitting background information by which they are to be evaluated.  Missing information, i.e., type of employment and duties performed, inclusive dates of employment (month and year), academic training, special skills, etc., may disqualify applicants from a position(s).

NOTE: All applicants for employment with the SCDC will be responsible for presenting accurate information regarding themselves and their backgrounds on their employment application, official documents, and correspondence. SCDC will verify information, but the primary responsibility for reporting accurate information rests with the applicant. Falsification, omission, or misrepresentation of official information or facts may result in the withdrawal of an official offer of employment or immediate termination if the individual in question has already begun work.

4.2  Staff assigned to the Recruiting and Employment Services Branch will review all completed applications and enter information provided on SCDC Form 16-9 into the ARS.

• Information on an applicant not currently employed with SCDC will remain active for 90 calendar days. Non-employee applicants can reactivate their application through the Applicant Telephony System.

• Applications for SCDC employees will remain active as long as they are employed by the Agency. Upon termination, an employee's application will be deactivated.

4.3  The Recruiting and Employment Services Branch will notify a new applicant in writing that his/her application was received and will assign him/her a Personal Identification Number (PIN) with instructions on use of the Applicant Telephony System. The applicant may then use his/her PIN in conjunction with the Agency's Applicant Telephony System (Dial-A-Job) to inquire about the status of his/her application in the ARS, apply for vacant positions, and hear a list of up to ten (10) positions for/to which s/he has been referred in the past 30 days.

4.4  All applicants should apply for a specific vacant position to ensure referral to the selecting official. (See Section 6., below.) Referral to the selecting official does not guarantee an interview.

4.5  Non-employee applicants may update their application by completing and submitting SCDC Form 16-81, "Applicant Referral System Change Form," to the Recruiting and Employment Services Branch.  The Personnel System (PERS) will automatically update the ARS on active employees with regard to address, telephone (home and work), and SCDC employment history.

4.6  Probationary employees must satisfactorily complete their 12 months probationary period before being eligible to apply for vacancies that are equal or lower in pay band/pay level than the position they currently occupy. Permanent state employees must be in their current position six (6) months before being eligible to apply for vacancies that are equal or lower in pay band/pay level than the position they currently occupy. Employees with less than the required months of experience in their current position who apply for a vacancy that is equal or lower in pay band/pay level will be automatically screened out by the ARS. Requests for a waiver of this waiting period, for serious hardship reasons, must be submitted in writing for approval to the Division Director of Human Resources or designee prior to consideration for the position.

4.7  Employees may apply for announced promotions at any time.  (3-4056)

5.  APPLICATION DEADLINES:

5.1  The deadline for applying for an announced position will be close of business (4:30 pm) of the closing date on the vacancy announcement. Exceptions must be approved by the Division Director of Human Resources or designee.

5.2  Applications must be postmarked by the U.S. Postal Service; date-stamped at an SCDC institution, division, or office; or received in the Recruiting and Employment Services Branch by the closing date. (NOTE: Applications received in an office, a division, or an institution must be date-stamped and immediately forwarded to the Recruiting and Employment Services Branch. Applications received after the closing date without the location's date-stamp may not be considered for the requested vacant position.)

6. APPLICANT REFERRALS:

6.1  Within five (5) working days after the closing date of a position, the Recruiting and Employment Services Branch will prepare a package for the selecting official which will consist of the following:

• Profiles (computer generated summaries of applications) of those applicants who meet the Minimum State Requirements and/or possess work experience that may be equated for the state minimum education requirement;

• A roster of all applicants who applied for the position with a projected cancellation date;

• A copy of the vacancy announcement;

• An "Applicant Screening/Interviewing Form" (SCDC Form 16-82); and

• An "Applicant Interview Evaluating Form" (SCDC Form 16-83).

6.2  Profiles of applications received after, or not postmarked by, the closing date will not be forwarded to the selecting official.

6.3  The selecting official will be notified by the Recruiting and Employment Services Branch when the profile package is ready to be picked up. Upon pick-up, the package must be signed for. If profile packages are not picked up within two (2) working days, they will be placed in interdepartmental mail and will be logged-out.

7. SCREENING AND SELECTION PROCESS:

7.2  No employee personnel file(s) or performance appraisal(s) may be requested or used to evaluate internal applicants during the screening, interviewing, and selection process. Any applicant may, however, submit resumes and copies of performance appraisals, letters of recommendation, and other relevant personal work history information that s/he wishes to be considered to the selecting official.

7.3  The selecting official must ensure that all screening and selections are conducted within 30 days of receipt of the profile package of the position for which s/he is interviewing. Vacancy announcements for positions that are outstanding after 90 days from the closing date may be cancelled by the Recruiting and Employment Services Branch and may have to be re-announced in order to be filled.

7.4  Screening Process Steps:

7.4.1  The selecting official may appoint a panel of one (1) or more employees to screen applicant profiles for a vacant position. The employee(s) must occupy a position(s) equal to or higher in pay band and level than the vacancy being filled. Should the selecting official choose to utilize more than one employee for screening, panelists should include minority and female representation.

7.4.2  If the panel consists of more than one (1) employee, panel members may discuss an applicant’s qualifications in order to ensure consistency and clarify credentials.

7.4.3  The ARS will automatically screen out previous SCDC employees who were terminated for a positive drug test or refusal to take a drug test. The ARS will also automatically screen out any/all applicants who tested positive or refused to take a pre-employment drug test.

7.4.4  Applicants should be screened against the SCDC Additional Requirements first. Applicants not meeting SCDC Additional Requirements should be screened out using screening code S02. (See SCDC Form 16-82, "Applicant Screening/Interviewing Form.")

7.4.5  Applicants who meet the SCDC Additional Requirements will be screened against specific screening criteria and points will be determined by the selecting official.

7.4.6  The selecting official may request that applicants scoring within a determined point range be referred for interview. However, the selecting official may also choose to interview any internal or external applicants as s/he deems appropriate regardless of the applicant’s score. (NOTE: Only applicants scoring within the determined point range may be selected for a position.)

7.4.7  The selecting official must select an employee to be responsible for entering into the Automated Applicant Selection System (AAS) the appropriate code(s) beside each applicant indicating whether the applicant has been screened out or referred for an interview. The selecting official must indicate in the AAS the responsible employee’s name and social security number.

7.4.8  Screening Process for certain Operations Vacancies:

• Majors: Screening for these vacancies will be conducted by an Associate Warden appointed by the selecting official. Upon completion of screening, applicant profiles will be forwarded to the appropriate Warden for interview.

• Associate Wardens: Screening for Associate Warden vacancies will be conducted by Wardens appointed by the Division Director of Operations. Upon completion of screening, applicant profiles will be returned to the Division Director of Operations.

7.5  In the event that a sufficient number of applicants are not received, or none of those referred meet the position criteria as specified by the selecting official, the selecting official may request to re-announce and advertise through the AVS. Comments on the position announcement should reflect "re-announcement." Administrative changes may also require a position to be re-announced.

7.6.1  The selecting official may designate any employee in his/her chain of command to serve as the selecting official for vacancies in the selecting official’s area of responsibility. The designee must be in a position that is equal to or higher in pay band and level than the vacancy being filled.

7.6.2  The selecting official may personally choose to conduct interviews for a vacant position or appoint a panel of one (1) or more employees to conduct interviews. Panel members must be in positions equal to or higher in pay band and level than the position being filled.

7.6.3  Should the selecting official choose to utilize more than one (1) employee for the selection panel, panelists should include minority and female representation.

7.6.4  The selecting official may choose to conduct second interviews of applicants. The number of applicants referred for a second/final interview will be determined by the selecting official.

7.6.5  Selections for Central Office positions located in an institution, i.e., Food Service, Classification, Commissary, Education, Grievance, etc., must be made jointly between the Central Office area of responsibility and the Warden/designee. Coordination of the selection will be made by the Central Office selecting official.

7.6.6  The SCDC Form 16-83, "Applicant Interview Evaluation Form," must be used to evaluate referred applicants’ education and related work experience.  Education and related work experience must be evaluated using the pre-determined schedules below (3-4055):

Education	Points
High School (Non-Graduate)	0 points
High School Graduation	1 point
Associate Degree	3 points
Bachelor's Degree	5 points
Master's Degree	7 points

 

 

Related Work Experience (as it exceeds the SCDC Additional Requirements)	Points
1-1.99 year(s) of related experience	1 point
2-3.99 years of related experience	2 points
4-5.99 years of related experience	3 points
6-7.99 years of related experience	4 points
8-9.99 years of related experience	5 points
10 + years of related experience	6 points

Other categories may be defined by the selecting official prior to the selection process. The rating in each of these categories will require use of an SCDC Form 16-83, "Applicant Interview Evaluation Form."  Evaluation categories should not exceed 100 total possible points.

7.6.7  Each applicant's final evaluation (first or second) will be totaled by the selection panel member(s), and the applicant with the highest total score will be recommended for the vacant position.

7.6.8  In the event of a tie, the selecting official will use objective criteria to break the tie. (The criteria may include years of related experience, type of education, special related experience, etc.) (NOTE: The selecting official may contact the Chief, Recruiting and Employment Services Branch, to obtain a copy of the original application or resume, when necessary, to provide more complete information on the candidates who were selected for an interview.)

7.6.9  The selecting official must select an employee to be responsible for entering into the AAS the appropriate code for those applicants interviewed but not selected. The same employee may be responsible for entry into AAS for both screening and selection. (The applicant selected will have no numeric reason code entered.)

7.6.10  The selecting official or designee will key the individual selected and a salary recommendation into the automated system which will automatically route to the Classification and Compensation Branch for salary review and appropriate approvals as specified in SCDC Policy/Procedure ADM-11.03, "Employee Compensation." (NOTE: Should the selected applicant be an employee of the Agency and be on disciplinary probation, the system will not allow the selecting official or designee to finalize the selection, but will store the record. An employee who is on disciplinary probation cannot be selected for any vacant position [demotion, reassignment, and/or promotion]. In such cases, the selecting official must choose the second highest scoring individual as the selection for the position or must initiate the process to have the position re-announced.)

7.6.11  The selecting official will ensure that all documentation relating to the screening and selection process, i.e., referral roster, profiles, and evaluations on the screening and selection process, are forwarded to the Recruiting and Employment Services Branch. Once all paperwork has been received and all required approvals are obtained, an official offer of employment may be made by the Chief, Recruiting and Employment Services Branch, or designee.

7.6.12  No member of the selection panel may contact the selected individual to inform him/her that s/he was selected. All contact with the selected applicant concerning an offer of employment must be made or authorized by the Recruiting and Employment Services Branch staff, Division of Human Resources. The Recruiting and Employment Services Branch will notify the selecting official by CRT message after all required approvals have been obtained.

7.7  Should personal reasons prevent an applicant from keeping his/her appointment to appear for an interview during the selection process, the priority of filling the job vacancy will take precedence over the applicant's inability to meet the appointment. However, a reasonable effort will be made to accommodate an applicant's schedule.

7.8  SCDC employees will be allowed reasonable time off from their job for an interview. Reasonable time should include travel time to and from an interview, as well as the time necessary for the actual interview. Employees must request time off in advance through their immediate supervisor. Annual leave must be requested for any additional time desired.

7.10 Coordination for a release date with the losing official will be by the Recruiting and Employment Services Branch through the facility Human Resource Manager, the selected employee’s supervisor, or the appropriate Warden/Division Director/Office Director. Effective dates will be the 2nd or 17th of each month.

8. CORRECTIONAL OFFICER/CADET CENTRAL RECRUITING:

8.2  Correctional Officer/Cadet vacancies will be announced and entered into the AVS only as specified in Section 8.3, below. Applicants interested in a Correctional Officer/Cadet position may apply at any SCDC institution, any Job Service Office, or the Recruiting and Employment Services Branch. All applicants interested in Correctional Officer/Cadet vacancies must use the job class code "JD30" when applying.

8.7  Once the Recruiting and Employment Services Branch receives the physical and drug screen results, and all approvals for salary and employment have been obtained, the prospective new hire’s personnel and medical file will be forwarded to the designated Human Resource Manager for pre-processing.

8.8  Pre-processing, coordination of a hire date, and entry into the pre-employment system for Correctional Officer/Cadet positions, to include sign-up for payroll and benefits, will be completed by the designated Human Resource Manager where the new employee is to be assigned. The pre-processing date will be on or after the date the TB test is read at the designated institution or facility handling pre-employment physicals.

9. PROCESSING REQUIREMENTS - SUCCESSFUL APPLICANTS:  The Chief, Recruiting and Employment Services Branch, or designee will extend a conditional offer of employment to a successful applicant upon receipt of the selection recommendation and upon verification that the applicant meets the minimum requirements for the position as defined in Section 9.1, below. (See Attachment B.)  SCDC will not make an official offer of employment to any applicant until such time that the applicant has successfully met various pre-employment requirements either required by state statute, State Human Resource regulations, federal statutes, or Agency directives. An official offer of employment will be given in writing to successful applicants for announced positions upon obtaining all approvals and submitting all required documents and forms to the Recruiting and Employment Services Branch as defined in Sections 9. 2 through 9.16, below.

9.1  Minimum Requirements: Selected applicants must meet the State Minimum Requirements and/or their educational and work experience must equate to the SCDC Additional Requirements. (NOTE: If an applicant's experience is to be equated for the education requirement of the position, approval must be obtained from the State Office of Human Resources before an official offer of the position can be extended. Education levels will be verified by the applicant providing copies of his/her high school diploma and/or college degree. The Agency may also contact the high school and/or college to verify the education levels reported.)

9.2  Military Service: An applicant who has been in the military must provide a copy of his/her DD214 form.

9.3  Birth Certificate/Social Security Card: A successful applicant must provide a copy of his/her birth certificate and social security card.

9.4  Driver’s License: Successful applicants for security positions must possess and maintain a valid South Carolina driver’s license.  The only exception is for security positions located at an institution in a county that borders Georgia or North Carolina.  Should the successful applicant not possess a valid South Carolina driver's license and not work in an institution in a county that borders Georgia or North Carolina, s/he must obtain and maintain a valid South Carolina driver's license within 31 days from the effective date of employment or effective date of movement to the security position.

9.5 Should a successful applicant for a security position not have the required license, the Recruiting and Employment Services Branch will notify the work location and the work location must ensure the license is obtained within the 31 day requirement.

9.6  Citizenship: Successful applicants must complete an "Employment Eligibility Verification Form" (Federal Form I-9) available through the Division of Human Resources and provide proof of citizenship. A successful applicant who is not a U.S. citizen must provide a copy of an acceptable document to prove employment eligibility as defined on the reverse of Form I-9. (NOTE: A Correctional Officer/Cadet candidate must be a U.S. citizen.)

9.7  Re-Hires: Successful applicants who previously worked for the Agency must be approved for re-hire through the Division Director of Human Resources or designee.

9.8  Student Loans: The SCDC will not knowingly employ or keep in its employ any person who is in default of a national or state student loan, or who has not entered into a satisfactory agreement with the lender to repay his/her debt. To comply with Section 59-111-50, South Carolina Code of Laws, 1976, as amended, all successful applicants must report any defaults on certain student loans. Student loans include, but are not limited to, National Direct Student Loans, National Defense Student Loans, Guaranteed Federally Insured Student Loans, Nursing Student Loans, Health Professional Student Loans, and Law Enforcement Education Loans. A successful applicant must provide written verification from the lender confirming that his/her student loan is not in default status or must agree in writing to provide such verification within the first 30 calendar days of employment to his/her immediate supervisor. Failure to provide the necessary written verification within the specified time period will be considered cause for immediate dismissal. An employee who defaults on a student loan after initial employment with the Agency will be granted 30 working days to correct the default, or enter into a satisfactory agreement with the lender/collection agency. Written verification from the lender/collection agency must be provided to the Division Director of Human Resources or designee by close of business (4:30 p.m.) no later than the 30th work day or the employee may be terminated.

9.9  Physical Examination and Drug or Alcohol Test: Successful applicants for all full/part time positions, whether permanent or temporary, must receive a pre-employment physical (to include TB Test) and drug test before an official offer of employment can be extended. In addition, selected applicants for positions requiring a commercial driver’s license (CDL) will be required to take a pre-employment alcohol test. All pre-employment physicals and drug or alcohol tests will be coordinated by the Recruiting and Employment Services Branch. TB test results may be read by Medical staff of the Division of Medical and Professional Health Services, by the contracting facility for pre-employment physicals, by an applicant’s personal physician, or by a local county health facility. All applicants must pass the pre-employment physical in accordance with current employment guidelines and the Americans with Disabilities Act. (NOTE: Applicants may be subject to rejection for employment due to active tuberculosis, due to a symptomatic disease that is life threatening, and/or due to a medical condition that would prevent the applicant from satisfying the physical requirements [essential functions] of a position. Rejection for employment due to an applicant's medical condition must be approved by the health care provider responsible for conducting pre-employment physicals.) A positive result on the alcohol or drug test or an applicant’s refusal to take the alcohol or drug test as scheduled will automatically disqualify the applicant, and the offer of employment will be rescinded. In such cases, the Division Director of Human Resources or designee will notify the applicant in writing. (See Attachment C.) Additionally, the ARS will automatically screen out previous SCDC employees who were terminated for a positive drug test or refusal to take a drug test. Previous applicants who tested positive or refused to take a pre-employment drug test will also be screened out. (3-ACRS-1C-06, 3-ACRS-1C-12, 3-4060, 3-4061)

(SPECIAL NOTE REGARDING PHYSICALS AND DRUG OR ALCOHOL TESTING: Active temporary pink-slip employees of the Agency selected for a permanent state position will not be required to take a new physical or submit to a new drug screen unless it has been more than six (6) months since the initial physical/drug test or the position requires a Commercial Driver’s License (CDL). All rehires, re-employments, and/or transfers from other state agencies will be required to have a physical and to submit to a drug test.)

9.10  Requirement to Report Employee or Inmate Relatives: 

9.10.1  Employee Relatives:  Applicants must report on their original employment application any relative(s) who is currently employed by the SCDC.  Before an official offer of employment can be extended to the successful applicant, the Chief, Recruiting and Employment Services Branch, or designee must complete SCDC Form 16-90, "Report of Employee and/or Inmate Relative," and obtain written approval for hire from the Division Director of Human Resources.  See SCDC Policy/Procedure ADM-11.17, "Employee Conduct," for additional information on prohibitions against employing family members when such employment would violate state laws on nepotism.

9.10.2  Inmate Relatives:  Applicants must report on their original employment application any relative(s) who is currently or was previously an inmate at any SCDC institution, including SCDC inmates who are assigned to Designated Facilities, and any other inmates with whom the applicant has a close personal relationship.   Before an official offer of employment can be extended to the successful applicant, the Chief, Recruiting and Employment Services Branch, or designee must complete SCDC Form 16-90, "Report of Employee and/or Inmate Relative," and obtain written approval for hire from the Division Director of Human Resources.  Overall, applicants are not approved for hire if they have a close personal inmate relative in one of the following categories:  Husband, Wife, Mother, Father, Daughter, Son, Sister, Brother, Grandmother, Grandfather, Grandchild, Step Relatives, Mother-In-Law, Father-In-Law, Sister-In-Law, Brother-In-Law, Son-In-Law, Daughter-In-Law.  In addition, any individual with an obvious close personal relationship (recent divorce or break-up, common-law spouse, boyfriend/girlfriend, etc.), but not related to the inmate at the time of application, may be denied employment until that inmate is released by SCDC.  Applicants with  any  other  level of inmate relative such as aunts, uncles, cousins, etc., may be authorized for hire; however, the applicant may not be permitted to work at the same location as the inmate, and must obtain written permission from the Warden and other appropriate authorities in order to visit the inmate. (See SCDC Policy/Procedure OP-22.09, "Inmate Visitation."  Also, see SCDC Policy/Procedure ADM-11.17, "Employee Conduct," for the procedures to be followed when a relative of an SCDC employee is incarcerated after the employee's hire date.)

9.11  Employee Victim/Witness: An SCDC Form 16-113, "Employee Victim/Witness Notification" must be completed for a selected applicant who was a victim of a crime (to include "indirect victims" if an immediate family member was a victim) or who testified as a witness to a crime committed by an inmate(s) currently incarcerated within the SCDC. Approval must be given by the Division Director of Human Resources or designee before an official offer of employment can be extended to the successful applicant. (NOTE: Should approval be obtained, the employee will not be placed in a position of authority, direct or indirect, over the inmate[s] involved.)

9.12  Applicant Criminal History: Applicants must report all arrests, court-ordered restraining orders regarding a family member or a co-habitant, and/or convictions on their original application.  Successful applicants will be checked through the National Criminal Information Center (NCIC) before an official offer of employment is extended.  Any applicant with a felony conviction(s), drug related conviction(s), and/or sexual misconduct related conviction(s) within ten (10) years will NOT be hired by the Agency for any position.  Any applicant who has served time in any state or federal prison system, to include serving a state sentence in a Designated Facility,  within five (5) years will NOT be hired by the Agency.  The applications of successful applicants for non-security positions with reported arrests and/or convictions (other than felony conviction(s), drug related conviction(s), and/or sexual misconduct related conviction(s) within the past ten (10) years) will be forwarded to the Division Director of Human Resources and, if necessary, the Division Director of Security for approval.  Approval/disapproval for hire will be indicated on the original application.  Should a successful applicant fail to report an arrest, court-ordered restraining order, and/or conviction on his/her original application, but it is discovered through an NCIC check or otherwise, the selecting official will be contacted to give further consideration as to whether s/he wishes an offer of employment to be extended.  Intentional deception will automatically disqualify an applicant.  (Note:  Failure to report a felony conviction(s), drug related conviction(s), and/or sexual misconduct related conviction(s) within ten (10) years will be automatically disapproved as stated above.)   If the offer is recommended to be extended, the original application will be forwarded to the SCDC Office of General Counsel (for security positions only) the Division Director of Human Resources, and, if  necessary, the  Division  Director  of Security  for approval.  Approval/disapproval will be recorded on the application. (3-ACRS-1A-09, 3-ACRS-1A-10, 3-ACRS-1A-11, 3-ACRS-1F-02, 3-4054, 3-4059, 3-4099)

9.12.1  Employees who move from a non-security to a security position, or from a non-security to another non-security position, or from a security position to a non-security position, regardless of the reason for the move (promotion, demotion, reassignment,  etc.)  will  be  checked through the National Criminal Information Center (NCIC).  Employees who move from a security position to another security position, will not be checked through the National Criminal Information Center (NCIC) inasmuch as these checks are conducted during each security employee's three-year LETA cycle through the Division  of  Training  and  Staff  Development.

9.12.2 Extreme caution should be exercised when considering applicants who have arrests, restraining orders, and/or convictions involving violent crimes, who have several arrests of varying nature or violent nature, or who have arrests or convictions involving drugs or alcohol. Caution should be exercised even if such arrests were not prosecuted or were otherwise dismissed.

9.12.3  Consideration should be given to whether such charges or convictions were committed in the recent or distant past. A more recent arrest or conviction should generally be regarded as more significant than an arrest or conviction that occurred 20 years ago. Also, the age of the applicant at the time the crime or arrest occurred should be considered.

9.12.4  For falsification, omission, or misrepresentation of facts or information other than arrests, restraining orders, or convictions, consideration should be given to the type of information falsified, omitted, or misrepresented and whether or not an offer of employment would have been extended if the Agency had been given accurate information initially.  Intentional deception will automatically disqualify an applicant. 

9.12.5  In accordance with the Law Enforcement Training Act (LETA), the Agency cannot hire applicants for positions that require certification if the applicant has been convicted of a crime for which the maximum possible penalty involves a sentence of death or imprisonment of more than one (1) year, or any criminal offense that involves moral turpitude. Applicants applying for positions that require certification cannot be hired if they have a record during the previous five (5) years for suspension of a driver’s license as a result of driving under the influence (DUI) of alcoholic beverages or dangerous drugs, driving while impaired or the equivalent, reckless homicide, involuntary manslaughter, or leaving the scene of an accident.

9.12.6  Correctional Officer applicants with arrests and/or convictions that have not been screened out due to LETA restrictions and questionable applications identified through any other screening criteria established by the Recruiting and Employment Services Branch, will be forwarded to the Office of General Counsel, the Division Director of Human Resources, and, if necessary, the Division Director of Security for approval/disapproval.  Approval/disapproval of hire will be indicated on the original application.

9.13  Fingerprints: All successful candidates will be finger-printed by the Recruiting and Employment Services Branch staff before establishing a hire date. (NOTE: Fingerprints will be sent to the State Law Enforcement Division [SLED] and the Federal Bureau of Investigation [FBI] for processing.) (3-ACRS-1A-09, 3-ACRS-1F-02, 3-4059, 3-4099)

9.14  Credit Checks: Credit checks will be completed on all successful applicants selected for security and investigative positions pursuant to state statute.

9.15  Salary Approvals: Salaries for successful applicants must be approved in accordance with SCDC Policy/Procedure ADM-11.03, "Employee Compensation," before an official offer of employment can be extended.

9.16  Effective Date: Effective dates for successful applicants must be in accordance with state and Agency procedures and will be coordinated with the appropriate Agency official as follows:

9.16.1  The Chief/designee, Recruiting and Employment Services Branch, will ensure that the effective date for all new hires is in accordance with SCDC Training Academy requirements. (NOTE: Approved waivers to exempt or extend an employee from SCDC Orientation Training must be obtained prior to entry into the Pre-Employment System by Human Resource Managers/Liaisons, unless the Agency Director has issued a blanket waiver for a specific job classification. The Division Director of Training and Staff Development   or designee is the approving authority for individual Orientation Waivers. [See SCDC Policy/Procedure ADM-17.01 for procedural guidelines necessary to be followed to obtain Orientation Waivers.] The Director for Administration is the approving authority for Orientation/Basic Training exemptions.)

9.16.2  Promotions, reassignments, and/or demotions of existing staff must be effective at the beginning of a semi-monthly pay period, i.e., 2nd and 17th of the month.

9.16.3  Movement due to promotion, reassignment, or demotion of existing staff must be accomplished within 15 calendar days from the date the selected employee and the gaining and losing officials are notified by the Chief, Recruiting and Employment Services Branch, or designee.

9.17  Telephone Requirements for Employees Occupying Essential Positions: As a condition of employment, the SCDC will require all employees selected for "essential positions" as defined by the Agency to provide evidence that they have a working telephone in their place of residence. Applicants selected for essential positions must complete SCDC Form 16-67, "Telephone Requirement," and provide proof of a telephone number at their place of residence (e.g., copy of most recent telephone bill) at the time of their official offer of employment for non-SCDC applicants. SCDC employees selected for essential positions must provide this information prior to the position action/movement. Telephone numbers of friends, relatives, and/or neighbors, and pagers/beepers, answering machines, voice mails, or cellular phones which are permanently installed in an employee’s vehicle, will not be accepted to meet the telephone requirement for essential positions. Failure to provide this information at the date of hire (or within 30 days from date of hire to the employee's immediate supervisor or appropriate Human Resource Manager) may be cause for termination.  As a condition of promotion, reassignment, or demotion into an essential position, an employee may be required to show evidence of a working telephone in his/her place of residence before the position movement can be made effective. Such verification, when requested, must be submitted to the appropriate selecting official.  The employee is responsible for maintaining a working phone at his/her place of residence while employed in an essential position and for notifying his/her supervisor of any changes in the telephone number.  For the purposes of this procedure, essential positions are defined as:

• Correctional Officer/Cadet; 

• Corporal;

• Sergeant;

• Lieutenant;

• Captain;

• Major;

• Food Service Director (limited to the Chief Institutional Food Service Supervisor);

• Trades Supervisor (limited to Chief Institutional Maintenance/Trades Supervisor);

• Construction and Maintenance (on-call personnel);

• Vehicle Management (on-call personnel);

• Medical (OIC);

• Investigator;

• Associate Warden;

• Warden;

• Division Director;

• Directors of Budget & Resource Management, Programs & Services, Operations, and Medical Services;

• Office Director; and

• Agency Director.

9.18  Pre-Processing: Successful new hire applicants will be pre-processed, i.e., completion of payroll paperwork and enrollment in State Group Benefits, by the designated Human Resource Manager.

9.19  Offer/Rejection Letters: All applicants interviewed for a position will receive a letter at their home address, as follows:

• Successful applicants who have completed all pre-employment requirements will receive written confirmation at their home address of their selection. The notification will provide each applicant with his/her effective date of employment and approved salary.

• All non-selected applicants who received an interview during the selection process will receive a letter from the Recruiting and Employment Services Branch informing them that they were not selected for the position.

10.1  Probationary Status: The working test period of employment with state government that is 12 months in duration and is the first 12 months of employment for the employee.

10.2  Temporary Status: Employment is to a temporary position, i.e., pink-slip for a period not to exceed 12 months. State regulations require that all temporary positions must have their employment terminated prior to 12 months for a period of 15 calendar days. Following the 15 day break, the temporary employee may be rehired. The 15 day break in service does NOT apply to Temporary Grant Positions.  (Note:  Temporary employees will be selected using only SCDC Form 16-84.  Temporary employees will not be selected using the Agency's automated selection process.  However, temporary employees are subject to the Agency's processing requirements.)

10.3  Trial Status: When a permanent state employee experiences position movement or a position action, s/he is placed in trial status. Trial status is a working test period in a new position to determine if the employee is able to meet the performance standards of the position. A trial status period is for six (6) months, but may be extended if the employee's overall performance is below performance standards.

10.4  Permanent Status: A full/part time employee who satisfactorily completes his/her 12 month probationary period and attains permanent status. Satisfactory service will be documented through a performance appraisal with a rating of "Meets" or above before the actual probationary end date. (NOTE: Employees in a probationary period or temporary position may be terminated at any time without the right to appeal the termination to the Agency or State Employee Grievance Process.)

11. POSITIONS SELECTED BY AGENCY DIRECTOR: The Agency Director will be responsible for establishing the screening and selection criteria for positions where s/he serves as the selecting official.

12. CONFIDENTIALITY OF INFORMATION: No information pertaining to prospective applicants and/or successful applicants for positions will be released without the approval of the Division Director of Human Resources or designee.

13. TRAINING:  The Chief, Recruiting and Employment Services Branch, or designee will provide training on an "as-needed" basis with regard to the application and selection process either at institutional locations and/or the Training Academy.

14. DISCLAIMER: The Agency may make involuntary or administrative reassignments of employees as deemed necessary to meet its overall mission and operational requirements. Such involuntary or administrative reassignments may be made at any time outside the provisions of this policy/procedure and must have the written approval of the Division Director of Human Resources, the appropriate member of the Agency Director's staff, and the Agency Director.

15. FREEDOM OF INFORMATION ACT: Any requests for information under this Act will be processed according to SCDC Policy/Procedure GA-02.04, "Freedom of Information Act."

16.  DEFINITIONS:

Applicant Telephony System refers to the Agency's telephone system (dial-a-job) in which applicants can receive information relative to all current vacancies, apply for vacant positions, reactivate their applications, and determine which positions they have been referred for consideration.

Approving Official refers to the designated official(s) who must approve vacancy announcements for positions falling under his/her area of responsibility.

AAS refers to the Agency’s "Automated Applicant Selection System" where selections for vacant positions are entered for approval.

ARS refers to the "Applicant Referral System" where all applicant profiles are stored.

AVS refers to the Agency's "Automated Vacancy System" from which vacancy announcements are generated.

NCIC refers to the "National Criminal Information Center" where a record of arrests and/or convictions can be obtained.

PIN refers to an applicant's "Personal Identification Number" which is used to access the Applicant Telephony System.

Pre-Employment System refers to the SCDC system utilized by Human Resource Managers to enter new hire information and to determine an Orientation/Basic Training date.

Permanent Status refers to a full/part time employee who has satisfactorily completed his/her 12 month probationary status in state government for his/her current employment period.

Pre-Processing refers to a process whereby new hires, rehires, or transfers to the Agency are provided information regarding Agency policies/procedures and are required to complete paperwork (payroll, enrollment in state group benefits) in order to place them on payroll upon reporting to work. A new employee should be pre-processed before his/her hire date.

Probationary Period refers to the first 12 months of employment in state government in a permanent position. The probationary period cannot be extended beyond 12 months except in certain workers' compensation cases.

Profiles refers to computer generated summaries of applications sent to selecting officials.

Re-Employment refers to an applicant who returns to state service following a break in service.

Re-Hire refers to an applicant who has previously worked for the SCDC in any capacity.

Screening Panel refers to one (1) or more employees appointed by the selecting official to determine if applicants applying for a vacant position meet the SCDC additional requirements and any screening criteria identified by the selecting official. The employee(s) must occupy a position(s) equal to or higher in pay band and level than the vacancy being filled. Should the selecting official choose to utilize more than one employee for screening, panelists should include minority and female representation.

Selecting Official refers to the official/authority who is responsible for appointing screening and selection panel members and for selecting an individual to fill a specific position within the Agency.

Selection Panel refers to one (1) or more employees appointed by the selecting official to conduct interviews for a vacant position. The employee(s) must occupy a position(s) equal to or higher in pay band and level than the vacancy being filled. Should the selecting official choose to utilize more than one employee to conduct interviews, panelists should include minority and female representation.

Temporary Employee (Pink-Slip) refers to an individual hired to perform duties for a temporary period of time, not to exceed one (1) year.

Temporary Grant Employee refers to an individual hired to perform the duties stipulated in an approved grant for a limited period of time.

Trial Status refers to a working test period of six (6) months required of a permanent state employee following a position movement/action to any class in which the employee has not held permanent status, i.e., promotion, demotion, or reclassification.

SIGNATURE ON FILE