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HomeMy WebLinkAboutReports - 2023.11.16 - 40727 AGENDA ITEM: 52nd District Court Employment Policies Review and Acceptance DEPARTMENT: 52nd District Courts MEETING: Board of Commissioners DATE: Thursday, November 16, 2023 9:30 AM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-3500 Motion to accept the attached the 52nd District Court’s Employment Policies dated October 12, 2023. ITEM CATEGORY SPONSORED BY Policy Penny Luebs INTRODUCTION AND BACKGROUND The 52nd District Court employees are not covered by the Oakland County Merit Rules pursuant to Oakland County Merit Rule 1.1. It is necessary for the 52nd District Court to clarify its employment policies and procedures for the benefit of the court employees as well as the protection of the 52nd District Court and Oakland County against liability. The 52nd District Court has created policies that mirror the Oakland County Merit Rules to the greatest extent possible. Oakland County Corporation Counsel and Oakland County Human Resources have reviewed and approved these policies. POLICY ANALYSIS The 52nd District Court has the right to modify its employment policies and procedures as needed in consultation with Oakland County Human Resources and Oakland County Corporation Counsel. BUDGET AMENDMENT REQUIRED: No Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT Honorable Joseph Fabrizio Jennifer Phillips, District Court Administrator ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 11/16/2023 AGENDA DEADLINE: 11/16/2023 9:30 AM ATTACHMENTS 1. 52nd DC Policies and Procedures October 2023 COMMITTEE TRACKING 2023-11-07 Public Health & Safety - Recommend to Board 2023-11-16 Full Board - Adopt Motioned by: Commissioner Yolanda Smith Charles Seconded by: Commissioner Philip Weipert Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Janet Jackson, William Miller III, Yolanda Smith Charles, Brendan Johnson, Ajay Raman (17) No: None (0) Abstain: None (0) Absent: Charles Cavell (1) Passed 52ND DISTRICT COURT Employment Policies & Procedures October 12, 2023 Joseph G. Fabrizio, Chief Judge Alex Black, Court Administrator 52-1 Brett Dery, Court Administrator 52-2 Amy Luce, Court Administrator 52-3 Jennifer Phillips, Court Administrator 52-4 WELCOME AND EMPLOYMENT RELATIONSHIP ANNUAL, PERSONAL, SICK & DEATH LEAVE ANTI-HARASSMENT POLICY AT-WILL EMPLOYMENT FORM (SIGNATURE REQUIRED) COMPLAINT PROCEDURE COMPLAINT FORM DISABILITY ACCOMMODATION DISCIPLINARY POLICY DRIVER SAFETY POLICY DRUG FREE WORKPLACE POLICY ELIGIBILITY FOR BENEFITS EMPLOYMENT OF RELATIVES FAMILY LEAVE HOLIDAYS HOURS OF WORK INDEMNIFICATION LEIN NOTICE OF PENALTIES FOR MISUSE (SIGNATURE REQUIRED) LEIN USE AGREEMENT (SIGNATURE REQUIRED) MEDICAL LEAVE ACT NOTIFICATION MODEL CODE OF CONDUCT COURT EMPLOYEES (SIGNATURE REQUIRED) NON-DISCRIMINATION POLICY OATH OF OFFICE (SIGNATURE REQUIRED) PARENTAL LEAVE SAFE HARBOR COMPLAINT PROCEDURE SMOKING POLICY SOCIAL MEDIA POLICY (SIGNATURE REQUIRED) SOCIAL SECURITY NUMBER PRIVACY POLICY TUITION REIMBURSEMENT WEATHER EMERGENCY CLOSING WORK CONNECTED INJURY OR ILLNESS WORKPLACE VIOLENCE POLICY 52nd District Court Welcome and Employment Relationship 10/23 Welcome To all new staff, welcome to the 52nd District Court! To those who have been with the Court through the years, our thanks for your efforts which have contributed to the Court’s success in serving the community. Each of you, newcomer or veteran, will find these policies helpful. They describe basic Court personnel policies and rules and refer you to Oakland County (County) policies and Merit Rules where applicable. These policies apply to all employees of the 52nd District Court. Judges are not covered by these policies except where specifically defined. As used in these policies, the term “Court” refers to the 52nd District Court. No representative of the Court or County may enter into an employment agreement contrary to the terms of these policies. Please note that although the 52nd District Court is a separate legal entity, it is funded by Oakland County and, therefore, follows many Oakland County policies and rules. Further, the court relies on multiple county resources including Information Technology, Human Resources, Payroll and Facilities. Use of these resources and policies should not be misconstrued. Accordingly, although the Court and County collaborate and share resources, you are an employee of the Court under the authority of the Chief Judge. Further, although the Court follows many Merit Rule polices, you are not an Oakland County Merit employee. Specifically, Merit Rule 1.1 excludes all District Court employees from the Merit System. In the following policies, you may be directed to Merit Rules that the Court has adopted. Please note that despite any references to county elected officials or county departments, the Chief Judge has the sole authority regarding all personnel decisions regarding District Court staff. Further, per MCR 8.110 (C)(7) the Chief Judge may delegate administrative responsibilities to a Trial Court Administrator. These policies are designed to give employees general information regarding personnel matters. They are not a contract for employment and do not create an entitlement to any particular employment benefit. All policies are effective until modified or amended with or without notice. Management Rights The Court maintains all management rights necessary to fulfill its constitutional and statutory functions, such as the right to hire, direct, promote, transfer, discipline, demote, and terminate employees. See Const 1963, art VI, §§ 1 and 7; MCL 600.251; MCR 8.110. Judges maintain the exclusive right to hire, direct, promote, transfer, discipline, demote, and terminate employees they directly supervise. However, no judge is authorized to create other than an at-will employment relationship or to make promises to an employee of any pay, benefits or working conditions outside the scope of employment practices specified in these policies. At-Will Employment At-will employment means that either the employee or the employer may terminate the employment relationship at any time, for any reason except a reason specifically prohibited by law, with or without notice, and with or without cause. All employees of the Court are at-will employees, and their employment may be terminated at any time with or without cause by the Court, or by the supervising judge for those employees directly supervised by a judge. Nothing in these policies or any other document, or any oral representation, may be construed to amend the at-will employment relationship, including any written or oral representation made by a judge to employees they directly supervise. For example, many County job descriptions and Merit Rule policies refer to a six-month probationary period for new hires. Since all 52nd District Court employees are at-will, this probationary period does not apply. There is no change in employment status at any time of employment with the 52nd District Court. Please contact the Court Administrator in your division if you have any questions or concerns about any employment policies. We wish you much success in your career here at the 52nd District Court! 10/12/2023 /Joseph G. Fabrizio/ ___________________ ______________________________________ Date Joseph G. Fabrizio, Chief Judge 52nd District Court Annual, Personal, Sick and Death Leave 10/23 The 52nd District Court follows the policies and procedures outlined in: Oakland County Merit Rule 23 regarding Annual Leave; Oakland County Merit Rule 24 regarding Personal Leave; Oakland County Merit Rule 24a regarding Sick Leave; and Oakland County Merit Rule 25 regarding Death Leave. 10/12/2023 /Joseph G. Fabrizio/ ___________________ ______________________________________ Date Joseph G. Fabrizio, Chief Judge 52nd District Court Anti-Harassment Policy 10/23 The 52nd District Court is committed to providing an environment where employees feel safe, comfortable and are free from harassment of any kind. Harassment includes, but is not limited to, remarks or conduct directed at an individual employee or group of employees because of their race, sex, religion, national origin, age, genetic information, sexual orientation, disability, weight, or any other reason. Harassment includes abusive behavior directed at an employee or group of employees during work hours as well as non-work hours. Sexual Harassment Federal regulations state that sexual harassment consists of unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature when: 1. Submission to the conduct is either an explicit or implicit term or condition of employment; or 2. Submission to or rejection of the conduct is used as the basis for employment decisions affecting the person who did the submitting or rejecting; or 3. The conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive environment. An employee who feels that they have been the victim of harassment may bring such matters to the attention of their immediate supervisor, court administration, or directly to the attention of the Equal Employment Opportunity Unit of the Human Resources Department. It is the policy of Oakland County and the 52nd District Court to treat all complaints seriously. Retaliation against an employee bringing a complaint to the attention of their department management team or the Human Resources Department is strictly prohibited. For allegations that are proven to be valid, offenders may be subject to appropriate disciplinary action up to and including discharge. Allegations determined to be made in bad faith will result in appropriate disciplinary action up to and including discharge. All employees are expected to comply with this policy and must cooperate fully with the Equal Employment Opportunity Unit or designated representative during the course of an investigation based on an alleged EEO complaint. 10/12/2023 /Joseph G. Fabrizio/ ___________________ ______________________________________ Date Joseph G. Fabrizio, Chief Judge ACKNOWLEDGMENT OF “AT-WILL” EMPLOYMENT THE 52ND JUDICIAL DISTRICT COURT As an employee and/or staff member of the 52nd Judicial District Court (hereafter the “Court”), I understand and agree with each of the following statements as it relates to my employment with the Court: • I am an employee of the 52nd Judicial District Court and my employment is AT-WILL and, as such, my employment can be terminated at any time, with or without reason, with or without notice to me, by the Court. I also understand I have a right to terminate my employment with the Court at any time. • No statements contained in my employment application, nor any statements in any Court or County personnel rules or guidelines, or in any other written or verbal communications I may have had with any Court or County official or representative is intended to create any employment contract between the Court and myself. • No other or contrary promises regarding my AT-WILL employment with the Court have been made to me, and I understand that no such promise or guarantee is binding upon the Court unless it is in writing and signed by the Chief Judge of this Court. • The Court has the right to modify its policies without giving me any notice of the change(s). • I authorize the Court and/or the County to verify all the information I have provided on my employment application. I also agree to execute, as a condition of employment or continued employment, any additional written authorizations necessary for the Court to obtain access to and copies of records pertaining to this information. By my signature below, and in consideration of my employment with the Court, I acknowledge that I have read, understood, and agree with all of the above terms of my employment with the Court. I also state that I have received a copy of this Acknowledgement of AT-WILL Employment form. ____________________ ___________________________________________________ Date Employee’s Signature ____________________ ___________________________________________________ Date For the 52nd Judicial District Court Page 1 of 2 52nd District Court Complaint Procedure 10/23 The 52nd District Court takes all employee complaints, including those of discrimination, harassment and retaliation, as serious matters. Upon notice, we will conduct a prompt and thorough investigation either internally or with the assistance of the Oakland County Human Resources Department and/or the State Court Administrative Office. The 52nd District Court Complaint Procedure provides an avenue for employees to file a complaint regarding: • Fraudulent acts, including but not limited to, forgery or alteration of documents; misappropriation of funds or reporting of funds; misuse of any Court or County equipment; • Conduct or behavior that may be in violation of federal and/or state law, local ordinances or Court policies; • Harassment, intimidation and/or other offensive behavior; and • Retaliation for making a complaint about any of the above matters. Employees may bring their complaint to the attention of their immediate Supervisor, any other Supervisor within their Court Division, or the Court Administrator. If the complaint is regarding the Court Administrator, the employee may bring the complaint to the attention of the Chief Judge or the Presiding Judge within their court location. The preferred method for filing a complaint is by submitting a written complaint. If this is not possible, complaints may also be submitted in person, by videoconferencing or by telephone. When filing a complaint, it is imperative to include a detailed account of the facts and circumstances that caused you to file the complaint, and any supporting documentation that you may have, including names of witnesses, dates, and times if applicable. Upon receipt of a complaint, the Chief Judge and/or Court Administrator will make an initial review of the complaint to determine if it warrants further action or investigation. If further action is warranted, an investigation will be conducted. It is the Court’s intent to resolve all complaints internally on a prompt basis depending on the nature of the complaint. Upon conclusion of an investigation, contact may be made with the complainant and others involved to provide closure to the complaint. Depending on the nature of the complaint, the Court may ask Oakland County Human Resources and/or the State Court Administrative Office (SCAO) for assistance in investigating the complaint. All complaints of employment discrimination will be referred to Oakland County Human Resources and will be investigated within 30 (thirty) days of the date that the complaint is received by the Human Resources Department, and the results of the investigation will be made available to the complainant. The 30-day period may be extended for a reasonable amount of time if extenuating circumstances exist. In such cases, the person investigating the complaint will record the extenuating circumstances in writing. In any investigation, the Court, SCAO and Oakland County Human Resources will make every effort to maintain the confidentiality of the complainant’s name. Depending on the nature of the investigation, the complainant’s name may need to be disclosed to certain persons. The Court cannot guarantee complete confidentiality during an investigation; however, complaints will only be discussed with those persons deemed necessary to investigate and resolve the complaint. Page 2 of 2 It is the policy of Oakland County and the 52nd District Court to treat all complaints seriously. Retaliation against an employee for bringing a complaint to the attention of their department management team or the Human Resources Department is strictly prohibited. For allegations that are proven to be valid, offenders may be subject to appropriate disciplinary action up to and including discharge. Allegations determined to be made in bad faith will result in appropriate disciplinary action up to and including discharge. 10/12/2023 /Joseph G. Fabrizio/ ___________________ ______________________________________ Date Joseph G. Fabrizio, Chief Judge 52nd District Court Complaint Form for Reporting Alleged Discrimination, Harassment & Retaliation 10/23 The 52nd District Court takes all employee complaints, including those of discrimination, harassment and retaliation, as serious matters. Upon notice, we will conduct a prompt and thorough investigation either internally or with the assistance of the Oakland County Human Resources Department and/or the State Court Administrative Office. While we do not require a written complaint, filling out this form is preferred. If you choose to use this form, please try to fill it out accurately and completely and then turn it in to your Supervisor, any other Supervisor within your court location or the Court Administrator. If the complaint involves the Court Administrator, please turn the form in to the Presiding Judge within your court location or to the Chief Judge of the 52nd District Court. If you do not use this form, please be prepared to answer the following questions when you make your complaint. After an investigation is completed, we will notify you of the 52nd District Court’s intended action. If you have any additional questions or further information as we proceed, please direct them to the above-named individuals. We thank you for your cooperation. Name of Employee Submitting Complaint: Department/Division: Please provide the identity of all known persons who are the subject of your complaint. Click or tap here to enter text. Please describe in detail the nature of your complaint and the date(s) of occurrence(s). Click or tap here to enter text. Please provide the names of any known witnesses to your concerns. Click or tap here to enter text. Are there any other employees you know with a similar complaint? If so, who? Click or tap here to enter text. Please describe any possible action or solutions you believe may help resolve your complaint. Click or tap here to enter text. Please provide any additional comments or information you wish the court to consider when investigating your complaint. Click or tap here to enter text. Please attach any documents that may help us investigate and/or resolve your complaint. Please either print and sign this document or send it electronically from your work or personal email address to the correct above-named individual. Employee Signature: ______________________________ Date: ___________________________ Disability Accommodation The Michigan Persons with Disabilities Civil Rights Act and the Federal Americans with Disabilities Act imposes certain requirements on employers. If an employee qualifies under these Acts, the employer is required to make accommodations to disabled and/or handicapped employees if the accommodation does not impose an undue hardship on the employer. Medical certification of disability and identification of job restrictions may be required. Accommodation requests will be processed and a determination will be made based on state and federal mandates. Employees desiring to make a request for an accommodation may advise their immediate supervisor, division manager, or department head of such, or they may bring their requests directly to the County’s Human Resources Department/Equal Employment Opportunity Unit at 858-0539. Reissued September 2005 52nd District Court Disciplinary Action Policy 10/23 We have certain rules of conduct that have to be followed if we are to get our work done in an efficient and orderly way. Your cooperation is essential, and we urge you to familiarize yourself with those rules of prohibited conduct listed below so you know what is and is not acceptable behavior. We know employees who will violate the rules are rare exceptions. Based on common sense and good judgment, these rules are designed to protect your rights, the rights of your fellow employees as well as the public we serve. The following is a list of disciplinary rules consistent with the Oakland County Merit Rules that are applicable to the courts. This list is non-exhaustive and may be amended at any time. 1. Conduct or performance on the job which indicates a lack of ability to adequately perform the duties of the position or classification held by the employee. 2. Conduct or performance on the job which indicates a failure to produce the quality of work the position or classification requires. 3. Conduct or performance on the job which indicates a failure to produce the quantity of work the position or classification requires. 4. Conduct or performance on the job which demonstrates insubordination, which is defined as a refusal to follow appropriate written or oral procedures, instructions, or directions from a supervisory employee or department head. 5. The solicitation or acceptance of money or anything of value to influence the decisions of an employee in public matters or as a reward for such decisions. 6. Being under the influence of alcohol, narcotics or any other controlled substance while on the job. 7. Conduct or performance on the job which demonstrates a deliberate attempt to cause poor morale or disrespect among Court employees by actions or attitude on the job. 8. Verbal or physical abuse, or improper treatment of an inmate, patient or client of any Court or County institution or department. 9. Habitual or excessive tardiness in reporting for scheduled working hours. 10. Being absent from a scheduled work assignment during working hours without permission from an authorized supervisory employee or department head. 11. Stealing, misappropriation or conversion of Court or County property or the property of other employees or inmates, patients or clients of any Court or County institution or department. 12. The willful violation of any reasonable Court or County rule or regulation which has been adopted in written form and is known, or reasonably should be known, to the employees involved. 13. Engaging in political activities restricted under Rule 19 of the Oakland County Merit System Rules. 14. Willfully failing to pay personal bills to the point that creditors garnishee the wages or salary of a Court employee and cause a burden on the Court or County. 15. Personal appearance or lack of cleanliness while on the job which exhibits symptoms of lack of hygiene and bringing unpleasantness to clients or employees of the Court or County. 16. Reporting for a scheduled work assignment in clothing or other aspects contributing to appearance, which an authorized supervisory employee or department head has reasonably advised the employee is not acceptable or appropriate for the work assignment or duties performed by that employee. 17. Have been convicted of a felony. 18. Have been convicted of a misdemeanor involving moral turpitude or casting doubt on the employee's ability to properly perform his or her job. 19. Assigning overtime/compensatory time to oneself or to other employees without proper approvals in accordance with Court/County overtime procedures and/or knowingly working overtime and incurring costs for the Court/County where such overtime was not assigned or approved in accordance with Court/County overtime procedures. 20. Unlawful manufacture, distribution, dispensing, possession or use of a controlled substance in the workplace. 21. Failure to notify authorized supervisory employee or department head or any criminal drug statute conviction for a violation occurring in the workplace within five days after such conviction. 22. Engaging in any act of violence or threats or other violations of the Oakland County Workplace Violence Policy. Additionally, as Court employees, you are expected to follow the Model Code of Conduct for Michigan Trial Court Employees. The above rules are not intended to be all inclusive of the proper standards of conduct or other obligations of employees. The Court reserves the right to take disciplinary action for other offenses not specifically listed here. Disciplinary action may include a verbal warning, written warning, suspension with or without pay and termination. The appropriate disciplinary action imposed will be determined by the Court. The Court does not guarantee that one form of action will necessarily precede another. This listing of disciplinary rules and any discipline taken (under these rules or otherwise) does not modify the at-will status of your employment. 10/12/2023 /Joseph G. Fabrizio/ ___________________ ______________________________________ Date Joseph G. Fabrizio, Chief Judge 52nd District Court Driver Safety Policy 10/23 The 52nd District Court follows the policies and procedures outlined in Oakland County’s Driver Safety Policy. 10/12/2023 /Joseph G. Fabrizio/ ___________________ ______________________________________ Date Joseph G. Fabrizio, Chief Judge 52nd District Court Drug-Free Workplace Policy 10/23 The 52nd District Court follows the policies and procedures outlined in Oakland County’s Drug-Free Workplace Policy. 10/12/2023 /Joseph G. Fabrizio/ ___________________ ______________________________________ Date Joseph G. Fabrizio, Chief Judge 52nd District Court Eligibility for Benefits 10/23 The 52nd District Court follows the policies and procedures outlined in Oakland County Merit Rule 22 regarding eligibility for benefits. 10/12/2023 /Joseph G. Fabrizio/ ___________________ ______________________________________ Date Joseph G. Fabrizio, Chief Judge 52nd District Court Employment of Relatives 10/23 The 52nd District Court complies with Michigan Supreme Court Administrative Order No. 2016-5 regarding anti-nepotism and also follows the policies and procedures outlined in Oakland County Merit Rule 18 regarding employment of relatives. 10/12/2023 /Joseph G. Fabrizio/ ___________________ ______________________________________ Date Joseph G. Fabrizio, Chief Judge 52nd District Court Family Leave 10/23 The 52nd District Court follows the policies and procedures outlined in Oakland County Merit Rule 21 regarding family leave. 10/12/2023 /Joseph G. Fabrizio/ ___________________ ______________________________________ Date Joseph G. Fabrizio, Chief Judge 52nd District Court Legal Holidays 10/23 The 52nd District Court complies with MCR 8.110(D)(2)(a) and Local Administrative Order 2022-08 regarding the observance of holidays. To the extent possible, the Court also follows the policies outlined in Oakland County Merit Rule 26. 10/12/2023 /Joseph G. Fabrizio/ ___________________ ______________________________________ Date Joseph G. Fabrizio, Chief Judge 52nd District Court Hours of Work 10/23 Work Day 1. Length: For pay computation purposes, the normal Court Work Day is 8 hours (excluding the lunch period) in a 24-hour period starting at 12:01 a.m. 2. Hours: The Court is open to the public from 8:30 a.m. to 4:30 p.m. but the hours of beginning and ending work shifts vary with the situations facing particular departments at particular times and are at the discretion of the Court Administrator provided: a. That no scheduled work shift shall be longer than eight hours of work (excluding the lunch period) nor less than seven and one-half hours (excluding the lunch period). Exceptions may be made for work schedules other than eight hours per day, such as a 4/40 or Flex 40 schedule, if approved by the Court Administrator and administered in accordance with County policies. 3. Lunch Period: No scheduled lunch period for nonexempt employees shall be longer than one hour. 4. Relief Periods: All employees scheduled to work a full shift shall be granted one 15-minute relief period before the lunch period and one 15-minute relief period after the lunch period. 5. Scheduling: The scheduling of shifts, lunch periods and relief periods, within the above restrictions, shall be responsibility of the Court Administrator and department supervisors, and shall be designed to provide the least possible disruption to the department’s services and not work a hardship on the employees involved. a. Supervisors shall clearly inform all employees of their working hours and the timing of their lunch hours and must personally approve any exceptions to the normally scheduled routine. Work Week 1. The normal Court work week is five days of work in a seven-day period. Pay Period 1. The normal Court pay period is ten days of work in a fourteen-day period starting at 12:01 a.m. on the day officially designated by the Oakland County Executive as the beginning of the pay period. 2. The pay period schedule is published as part of the Oakland County Salary Schedule. Inclement Weather 1. Only the County Executive and Chief Judge in consultation pursuant to Administrative Order No. 2002-20 shall have the authority to excuse Court employees early from their shifts, with pay, because of dangerous or inclement weather. 2. Only the County Executive and Chief Judge shall have the authority to give time off with pay because employees may have been prevented from getting to work because of dangerous or inclement weather. In such cases, the following rule shall apply: a. All employees on the same shift at the affected work locations shall be treated alike. b. Those required to work and who are able to get to work shall receive double pay for the normal shift and 2-1/2 pay for overtime worked under such circumstances. 10/12/2023 /Joseph G. Fabrizio/ ___________________ ______________________________________ Date Joseph G. Fabrizio, Chief Judge 52nd District Court Indemnification Policy 10/23 DEFENSE AND INDEMNIFICATION POLICY In accordance with Miscellaneous Resolution BLANK, adopted DATE by the Oakland County Board of Commissioners, whenever a claim is made or a civil action is commenced against an officer or employee of the 52nd District Court for injuries to persons or property allegedly caused by the officer or employee while acting within the scope of his or her authority, the County, as the Court’s funding unit, shall pay for all reasonable costs of litigation and engage or furnish the services of an attorney in accordance with County policy to advise the officer or employee as to the claim and to appear for and represent the officer or employee in the action. The County may compromise, settle and pay the claim before or after the commencement of a civil action. Whenever a judgment for damages is awarded against an officer or employee of the 52nd District Court as a result of a civil action for personal injuries or property damage caused by the officer or employee while in the course of employment and while acting within the scope of his or her authority, the County of Oakland shall indemnify the officer or employee or pay, settle or compromise the judgment. TO BE ELIGIBLE FOR THE DEFENSE AND INDEMNITY OBLIGATIONS SET FORTH IN THIS PARAGRAPH, OFFICERS AND EMPLOYEES SHALL COOPERATE IN ALL RESPECTS WITH CORPORATION COUNSEL OR ASSIGNED COUNSEL IN DEFENDING THE CLAIM OR LAWSUIT. When a criminal action is commenced against an officer or employee of the 52nd District Court based upon the conduct of the officer or employee in the course of employment, the County of Oakland may at its discretion pay for, engage, or furnish the services of an attorney to advise the officer or employee as to the action and to appear for and represent the officer or employee in the action. TO BE ELIGIBLE FOR PAYMENT OR REIMBURSEMENT FOR COUNSEL, AN EMPLOYEE OR OFFICER WHO IS CHARGED CRIMINALLY MUST IMMEDIATELY PROVIDE NOTICE OF AND A COPY OF THE CRIMINAL CHARGES TO OAKLAND COUNTY CORPORATION COUNSEL. PROVIDED THAT THE OFFICER OR EMPLOYEE IS OTHERWISE ENTITLED TO HAVE THE COUNTY PAY FOR THE SERVICES OF AN ATTORNEY PURSUANT TO THIS POLICY, THE COUNTY OF OAKLAND WILL PAY FOR OR REIMBURSE FOR THE ATTORNEY'S SERVICES CONSISTENT WITH OAKLAND COUNTY'S LIABILITY CLAIMS POLICY AND PROCEDURES (AS AMENDED BY MR #91016) AS THEY PERTAIN TO THE PROVISION OF AND COMPENSATION OF COUNSEL IN CIVIL MATTERS. ARRANGEMENTS FOR AND AUTHORIZATION OF PAYMENT OF THE SERVICES OF ANY ATTORNEY MUST BE APPROVED IN ADVANCE. ATTORNEYS SO EMPLOYED SHALL BE REQUIRED TO PROVIDE THE COUNTY WITH MONTHLY DETAILED BILLINGS DESCRIBING THE SERVICES RENDERED. The County may purchase liability insurance for the 52nd District Court to provide the above protection or may provide a self-insurance program. 10/12/2023 /Joseph G. Fabrizio/ ___________________ ______________________________________ Date Joseph G. Fabrizio, Chief Judge Notice of Criminal Penalties and Civil Action for the Misuse of LEIN Misuse of the Michigan State Police Law Enforcement Information Network (LEIN) and its interfaced systems violates Michigan Compiled Law 28.214, Section 4 of the C.J.I.S. Policy Council Act: (3) A person shall not access, use, or disclose nonpublic information governed under this act for personal use or gain. (5) A person shall not disclose information governed under this act in a manner that is not authorized by law or rule. (6) A person who intentionally violates subsection (3) or (5) is guilty of a crime as follows: (a) For a first offense, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. (b) For a second or subsequent offense, the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both. Misuse of the FBI National Crime Information Center (NCIC) is subject to additional federal criminal and/or civil penalties. The federal Privacy Act of 1974 states: (3) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000. [5 USC Sec.552a(i)] Misuse of criminal history record information obtained through NCIC violates the Code of Federal Regulation, Title 28, Section 20.25: Any agency or individual violating subpart B [State and Local Criminal History Record Information] of these regulations shall be subject to a civil penalty not to exceed $11,000 for a violation occurring on after September 29, 1999. Misuse of Secretary of State (SOS) records violates State of Michigan driver and vehicle privacy protections laws. [MCL 28.295a, 257.902, 257.903, 324.80130d, 324.80319a, 324.81120, 324.82160, and other provisions of law.] Under Michigan law, a person who makes a false representation or a false certification to obtain personal information or who uses personal information for a purpose other than a permissible purpose identified in the law is guilty of a felony, which may be punishable by imprisonment for up to 5 years and/or a fine of up to $5,000. Subsequent convictions may result in imprisonment for up to 15 years and/or a fine of up to $15,000. Misuse of motor vehicle records is subject to additional federal criminal and/or civil penalties. The federal Driver’s Privacy and Protection Act of 1994 states: 18 USC Sec. 2723: (a) Criminal Fine. – A person who knowingly violates this chapter shall be fined under this title. 1 (rev 02/2014) Notice of Criminal Penalties and Civil Action for the Misuse of LEIN 18 USC Sec. 2724: (a) Cause of Action. – A person who knowingly obtains, discloses or uses personal information, from a motor vehicle record, for a purpose not permitted under this chapter shall be liable to the individual to whom the information pertains, who may bring a civil action in a United States district court. (b) Remedies. – The court may award – (1) actual damages, but not less than liquidated damages in the amount of $2,500; (2) punitive damages upon proof of willful or reckless disregard of the law; I have read and understand the above Notice of Criminal Penalties and Civil Action and I agree to comply with its contents. Further, I understand that any violation of its contents may result in disciplinary action and/or referral for prosecution. Employee/User Signature Date Printed Name The LEIN Terminal Agency Coordinator is responsible for reporting to LEIN Field Services all known or suspected wrongful or personal access, use, or disclosure of information obtained from LEIN/NCIC/SOS. To report inappropriate access to the Michigan State Police Law Enforcement Information Network, or its interfaced systems, please visit: http://www.michigan.gov/lein Or, send an e-mail to MSP-LEINComplaints@michigan.gov 2 (rev 02/2014) 1 Rev 04/2021 LEIN USE AGREEMENT 1.0 Overview The intention for publishing an Acceptable Use Policy is not to impose restrictions that are contrary to 52nd District Court established culture of openness, trust, and integrity. 52nd District Court is committed to protecting 52nd District Court’s employees, partners and the company from illegal or damaging actions by individuals, either knowingly or unknowingly. Internet/Intranet/Extranet-related systems, including but not limited to computer equipment, software, operating systems, storage media, network accounts providing electronic mail, internet browsing, File Transfer Protocol, and National Crime Information Center access are the property of the 52nd District Court. These systems are to be used for business purposes in serving the interests of the agency in the course of normal operations. Effective security is a team effort involving the participation and support of every 52nd District Court employee and affiliate who deals with information and/or information systems. It is the responsibility of every computer user to know these guidelines and to conduct their activities accordingly. 2.0 Purpose The purpose of this policy is to outline the acceptable use of computer equipment at 52nd District Court. These rules are in place to protect the employee and 52nd District Court. Inappropriate use exposes 52nd District Court to risk including virus attacks, compromises of the network systems and services, and legal issues. 3.0 Scope This policy applies to employees, contractors, consultants, temporary staff, and other workers at 52nd District Court, including all personnel affiliated with LEIN, NCIC and third parties. This policy applies to all equipment that is owned or leased by 52nd District Court, or any device accessing the Agency’s network. 4.0 Policy 4.1 General Use and Ownership 1. While 52nd District Court network administration desires to provide a reasonable level of privacy, users should be aware that the data they create on the corporate systems remains the property of the 52nd District Court. Because of the need to protect 52nd District Court network, management cannot guarantee the confidentiality of information stored on any network devise belonging to 52nd District Court. 2. Employees are responsible for exercising good judgment regarding the reasonableness of personal use. Individual departments are responsible for creating guidelines concerning personal use of Internet/Intranet/Extranet systems. In the absence of such policies, employees should consult their supervisor or management. 3. 52nd District Court recommends that any information that a user considers sensitive or vulnerable (etc. residual LEIN, NCIC information on a computer terminal that has access to the internet and CJIS information) be encrypted. 4. For security and network maintenance purposes, authorized individuals within 52nd District Court may monitor equipment, systems and network traffic at any time, per 52nd District Court policy. 5. 52nd District Court reserves the right to audit the network and systems on a periodic basis to ensure compliance with this policy. 4.2 Security and Proprietary Information 1. The user interface for information contained on Internet/Intranet/Extranet-related systems should be classified as either confidential or non-confidential, as defined by agency confidentiality guidelines. Examples of confidential information include, but are not limited to: Criminal Justice Information (CJI), agency personnel data, etc. Employees should take all necessary steps to prevent unauthorized access to this information. 2. Keep passwords secure and do not share accounts. Authorized users are responsible for the security of their passwords and accounts. (See Password Policy). 2 Rev 04/2021 3. In accordance with FBI CJIS Security Policy, all personal computers, laptops, and workstations shall prevent further access to the system by initiating a session lock after a maximum of 30 minutes of inactivity. Users shall directly initiate session lock mechanisms to prevent inadvertent viewing when a device is unattended. 4. Because information contained on portable computers is especially vulnerable, special care should be exercised. Protect laptops in accordance with policy. 5 All devices used by employees that are connected to the 52nd District Court Internet/Intranet/Extranet, whether owned by the employee or 52nd District Court, shall be continually executing approved virus-scanning software with a current database. 6 Employees must use extreme caution when opening e-mail attachments received from unknown senders, which may contain viruses, e-mail bombs, or Trojan horse code. (See Malicious Code, Spam and Spyware Protection Policy) 4.3 Unacceptable Use The following activities are, in general, prohibited. Under no circumstances is an employee of 52nd District Court authorized to engage in any activity that is illegal under local, state, federal, or international law utilizing 52nd District Court owned resources. The list below is by no means exhaustive, but attempts to provide a frame work for activities which fall into the category of unacceptable use. 4.4 System and Network Activities The following activities are strictly prohibited, with no exceptions: 1. Unauthorized access, copying, or dissemination of classified or sensitive information (CJI). 2. Installation of any copyrighted software for which 52nd District Court or end user does not have an active license is strictly prohibited. 3. Installation of any software, without preapproval and virus scan, is strictly prohibited. 4. Introduction of malicious programs into the network or server (e.g., viruses, worms, Trojan horses, logic bombs, etc.). 5. Revealing your account password to others or allowing use of your account by others. 6. Effecting security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which the employee is not an intended recipient or logging into a server that the employee is not expressly authorized to access, unless these duties are within the scope of regular duties. For the purpose of this policy, “disruption” includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes. 7. Port scanning or security scanning is expressly prohibited unless prior notification has been given to 52nd District Court. 8. Executing any form of network monitoring that will intercept data not intended for the employee’s host, unless this activity is a part of the employee’s normal job/duty. 9. Circumventing user authentication or security of any host, network, or account. 10. Interfering with or denying service to any user other than the employee’s host. 11. Using any program/script/command or sending messages of any kind, with the intent to interfere with or disable a user’s terminal session, via any means, locally or via the Internet/Intranet/Extranet. 12. Providing information about LEIN/NCIC or list of 52nd District Court employees to parties outside the 52nd District Court. 3 Rev 04/2021 5.0 Penalties Violations of this policy include, but are not limited to: accessing data to which the individual has no legitimate right; enabling unauthorized individuals to access data; disclosing data in a way that violates applicable policy, procedures, or relevant regulations or law; inappropriately modifying or destroying data; inadequately protecting restricted data. Any violation of this policy may result in network removal, access revocation, corrective or disciplinary action, civil or criminal prosecution, and termination of employment. I have read the above LEIN Use Agreement and I agree to comply with its contents. Further, I understand that any violation of its contents will result in disciplinary action and / or referral for prosecution. _______________________________ ___________________ Employee/User Signature Date _______________________________ ___________________ Witness Signature Date Michigan Department of Licensing and Regulatory Affairs Wage and Hour Division PO Box 30476 Lansing, MI 48909-7976 GRETCHEN WHITMER REQUIRED POSTER ORLENE HAWKS GOVERNOR GENERAL REQUIREMENTS – PAID MEDICAL LEAVE ACT* DIRECTOR LARA is an equal opportunity employer/program. Auxiliary aids, services and other reasonable accommodations are available, upon request, to individuals with disabilities. www.michigan.gov/wagehour • Toll Free 1-855-4MI-WAGE (1-855-464-9243) WHD 9911 (Revised • 1/2019) Coverage The Paid Medical Leave Act, 2018 Public Act 338, as amended by 2018 Public Act 369, effective March 29, 2019, covers employers who employ 50 or more individuals. The act covers individuals engaged in service to an employer in the business of the employer and from whom an employer is required to withhold for federal income tax purposes. An eligible employee does not include executive, administrative, and professional overtime exempt employees, employees covered by a private collective bargaining agreement that is in effect, employees of the United States government, another state, or a political subdivision of another state, individuals whose primary work location is not in this state, individuals 16-19 years of age being paid the youth training wage in accordance with the Improved Workforce Opportunity Wage Act, temporary employees as described in the Michigan Employment Security Act, variable hour employees as defined by 26 CFR 54.4980H-1, employees covered by the Railway Labor Act and Railroad Unemployment Insurance Act, individuals employed by an employer for 25 weeks or fewer in a calendar year for a job scheduled for 25 weeks or fewer, individuals who worked, on average, fewer than 25 hours per week during the immediately preceding calendar year.(See section 2 of The Paid Medical Leave Act, 2018 Public Act 338.) Paid Medical Leave Accrual Paid medical leave accrual begins on March 29, 2019, or upon commencement of the employee’s employment, whichever is later. Paid medical leave is accrued at a rate of 1 hour for every 35 actual hours worked; however, an employer is not required to allow accrual of over 1 hour in a calendar week or more than 40 hours in a benefit year. A benefit year is any consecutive 12- month period used by an employer to calculate an eligible employee’s benefits. Employees can carry over up to 40 hours of unused accrued paid medical leave from one benefit year to the next; however, employers are not required to allow employees to use more than 40 hours in a single benefit year. An employer may provide the total amount of paid medical leave all at once by providing at least 40 hours at the beginning of the benefit year or on the date that the individual becomes eligible during the benefit year on a prorated basis. If an employer adopts this practice, it does not have to permit employees to carry over unused leave to the next benefit year. (See section 3 of the Paid Medical Leave Act, 2018 Public Act 338). Paid Medical Leave Usage An employee may use paid medical leave as it is accrued except an employer may require an employee to wait until the 90th calendar day after commencing employment before using accrued paid medical leave. Paid medical leave must be used in 1-hour increments unless the employer has a different increment policy set forth in writing in an employee handbook or other employee benefit document. Employees must follow the employer’s usual and customary notice, procedural, and documentation requirements for requesting leave. The employee must be allowed at least 3 days to provide documentation. Employees may take paid medical leave for any of the following: •Physical or mental illness, injury, or health condition of the e mployee or his or her family member •Medical diagnosis, care, or treatment of the employee or employee’s family member •Preventative care of the employee or his or her family member •Closure of the employee’s primary workplace by order of a public official due to a public health emergency •The care of his or her child whose school or place of care has been closed by order of a public official due to a public health emergency •The employee’s or his or her family member’s exposure to a communicable disease that would jeopardize the health of others as determined by health authorities or a health care provider For domestic violence and sexual assault situations, employees may use paid medical leave for any of the following: •Medical care or psychological or other counseling •Receiving services from a victim services organization •Relocation and obtaining legal services •Participation in civil or criminal proceedings related to or resulting from the domestic violence or sexual assault Employee Rights An employee may file a complaint with the Department of Licensing and Regulatory Affairs within 6 months of the alleged violation. LARA shall investigate a complaint and attempt mediation, where appropriate. Penalties If informal resolution is unsuccessful and a violation found, payment of paid medical leave improperly withheld will be requested and penalties may be imposed. An employer who fails to provide paid medical leave is subject to an administrative fine of not more than $1,000.00. An employer who willingly violates the posting requirement is subject to an administrative fine of not more than $100.00 for each separate violation. *For precise language of the statute, see Public Act 338 of 2018, as amended © 2000 Michigan Judicial Institute MODEL CODE OF CONDUCT FOR COURT EMPLOYEES (with guidelines) INTRODUCTION All employees in Michigan’s courts hold highly visible positions of public trust. We must conduct our business in an environment and in a manner that favorably reflects the ideals consistent with the fundamental values of the Michigan judicial system, as identified by the Michigan Supreme Court. These values include: fairness, accessibility, accountability, effectiveness, responsiveness and independence. Our actions at all times should uphold and increase the public trust and confidence in the judicial branch, reflect the highest degree of integrity, and demonstrate commitment to each principle embodied in this model code. SECTION ONE: ABUSE OF POSITION A. I will not use or attempt to use my position to secure unwarranted privileges for myself or others. B. I will not solicit or accept, or appear to solicit or accept, any gift, favor, or anything of value based upon any material understanding that the official actions, decisions, or judgments of any court employee would be influenced. C. I will not discriminate against or otherwise give special treatment or anything of value to any person, whether or not for compensation, or permit family, social, or other relationships to influence or appear to influence my official conduct or judgment. D. I will not request or accept anything of value beyond my compensation, as provided by the court’s funding unit, for court related work. E. I will use the resources, property, and funds under my official control judiciously and solely in accordance with prescribed legal and court operating procedures. F. I will provide all court patrons with appropriate procedural information and will not give legal advice; except if I am an attorney licensed to practice law in the jurisdiction and have specific authorization of the chief judge/immediate supervisor to do so. Guidelines: Section one of the Model Code of Conduct addresses the use of the real or apparent power of a position as a court employee to “benefit” the employee or someone else personally. There are many degrees of “abuse” ranging from the seemingly inconsequential to situations in which the average person would immediately conclude a court employee is obviously abusing their position. The Code does not attempt to define exactly what “abuse” is or try to quantify the amount an employee must MODEL CODE OF CONDUCT FOR JUDICIAL EMPLOYEES 2 benefit before a situation becomes abusive. The Code expresses ideals against which employees should measure their conduct. Paragraph A addresses the concept of the use of a court position to secure “privileges” or “exemptions.” Generally these would be special considerations given by others to the employee specifically because of the position as a court employee. Court employees should treat everyone with the same courtesy, tact and efficiency and expect to be treated that way. The enjoyment of special privileges or exemptions by an employee gives the impression that they are more special than ordinary people and reflects poorly on the notion that the judicial system and its employees are impartial. The acceptance of “partiality” by a court employee gives rise to the belief that the employee is partial. Paragraph B addresses the soliciting or acceptance of any gift, favor or thing of value based on an understanding that official actions will be influenced. The solicitation or acceptance of a gift with the understanding that something will be done in return contravenes the core of the ideals expressed in this section. Public service should be delivered impartially, with equal service to all users. The administration of justice is subverted if employees appear to deliver service in a quid pro quo arrangement or to appear to do so. All users of the justice system must be treated equally. Gifts of any sort raise a question as to the independence of the employee. An understanding may be tacit on the part of the donor that the employee will look favorably upon the donor in the future. It will certainly seem so to observers. Seemingly small and innocent gifts may soon lead to larger ones, more and more threatening the integrity of the employee. Paragraph C states the corollary that the official actions of an employee should not be affected or appear to be affected by kinship, rank, position or influence of any party or person. Many times relationships place temptation upon the employee to provide special service or non-service. Again, differential treatment in any of these situations undermines the integrity of the employee and the judicial system. In situations where an employee may appear to be favoring a relative or influential person, an employee could advise and seek counsel from their supervisor. An employee could also make sure another employee participates in the transaction so that the appearance of special unilateral action is eliminated. Paragraph D emphasizes that the compensation of court employees is to be provided by their funding unit through their salary and benefits. An employee should not request or accept any additional compensation for doing their duty as a court employee. Acceptance of any additional compensation for doing their duty gives rise to the impression that the court employee will be responsive to the needs of the donor. Paragraph E addresses the ideal that a court employee is a steward of the public resources that are placed at their disposal. Funds should be expended carefully, only for the purposes intended by the funding unit. Pitfalls could include such temptations as personal telephone calls at funding unit expense, personal use of government property, such as pens, pencils, paper, printers, computers, vehicles, etc, or the use of funding unit property to assist non-employees in some way as a favor. Paragraph F addresses the temptation to answer the many questions asked by users of the court which call for legal advice. There are some attorney employees who are licensed to practice law and are authorized by the Chief Judge of the particular court to tread into the area of legal advice. The Model Code acknowledges this. Other employees must not do so. On the other hand, avoidance of legal MODEL CODE OF CONDUCT FOR JUDICIAL EMPLOYEES 3 advice does not mean that employees should be afraid to provide excellent customer service. Legal advice does not refer to accurate information about the court or court procedures. Pitfalls arise when individuals describe a factual situation and ask for information on what they should or should not do. The Michigan Judicial Institute has developed a web-based training program which delves into this issue in depth. Review of the web-based training is recommended. SECTION TWO: CONFLICT OF INTEREST A. I will avoid conflicts of interest and the appearance of conflicts of interest in the performance of my duties. B. I will not engage in outside employment which may conflict or appear to conflict with the performance of my official responsibilities. Guidelines: Paragraph A infers that a conflict of interest exists when the employee’s ability to perform his or her duty is impaired or when the court employee, his or her family, or business would derive some benefit as a result of his or her position within the court system. Employees are obligated to perform their duties in a fair, impartial and objective manner. It is, therefore, required that employees avoid situations that would impair their ability to fulfill that obligation. Examples of conflicts of interest are: 1. Employee entering contract directly or indirectly for services, supplies, equipment or realty with the court system. 2. Employees providing information to a company that would provide an advantage to that company over other companies. Paragraph B indicates that the employee’s position with the court system must be his or her primary employment. Outside employment must be fulfilled outside of the normal working hours of the court and it must not be in conflict or interfere with the performance of the employee’s duties and responsibilities at the court. No form of outside employment shall be performed utilizing the resources of the court and shall not require or induce the employee to disclose information acquired in the course of his or her official duties. Outside employment should not reflect adversely on the integrity of the court. One example of employment which appears to be a conflict of interest and adversely reflect on the integrity of the court would be probation staff working for treatment agencies. MODEL CODE OF CONDUCT FOR JUDICIAL EMPLOYEES 4 SECTION THREE: CONFIDENTIALITY A. I will not disclose to any unauthorized person any confidential information acquired in the course of my court employment. Guidelines: Sensitive information acquired by court employees in the course of performing their official duties should never be revealed until it is made a matter of public record. Even when the information becomes public, court employees should exercise a great deal of discretion. Sometimes breaches of confidentiality do not involve intentional disclosures of official court records. Some are the result of innocent and casual remarks about pending or closed cases, about participants in litigation or about juries which could give attorneys, litigants and reporters confidential information. Such remarks can seriously compromise a case or a person’s standing in the community. Court staff should discuss cases only for legitimate reasons, and should handle sensational or sensitive cases with great care and discretion. Examples of confidentiality issues are not limited to cases. Personnel, probation and LEIN issues all have confidential limitations. Counter clerks should guard against being overheard when discussing legitimate confidential information. SECTION FOUR: POLITICAL ACTIVITY A. I am free to engage in political activities during non-working hours if such activity does not use, or appear to use, my position or court in connection with such activities. B. I will not discriminate in favor of or against any employee or applicant for employment because of his or her political contributions or political activities. Guidelines: Paragraph A discusses a court employee’s participation in the democratic process, which indicates working for a political cause, party or candidate should not be hampered by his/her employment if done outside of working hours. This participation includes, but is not limited to, holding party membership, holding public office1, making speeches, and making contributions of time and/or money to candidates, political parties or other groups engaged in political activity. This participation in political activity should not transcend into the workplace by the displaying of political material (i.e., literature, badges, signs or other material advertising a political cause, party or candidate), soliciting signatures for political candidacy, and soliciting or receiving funds for political purposes. In addition no government equipment or resources of any kind are to be used for promoting political activity in the workplace before, during, or after work hours. Paragraph B states that interaction between employees during work hours should focus on professional duties and should exhibit mutual courtesy and respect to co-workers. Additionally, the evaluation of prospective employees should be based on their employable qualities such as job skills, knowledge, MODEL CODE OF CONDUCT FOR JUDICIAL EMPLOYEES 5 and attitude. Therefore, no employee will discriminate in favor of or against any employee or applicant for employment based on their political activities. SECTION FIVE: PERFORMANCE OF DUTIES A. I will carry out my responsibilities to the public in a timely, impartial, diligent, and courteous manner. B. I will not discriminate on the basis of, nor display by words or conduct, a bias or prejudice based upon race, color, religion, national origin, gender, or other protected group, in the conduct of service to the court and the public. C. I will enforce or otherwise carry out any properly issued rule or order of court. D. I will promote ethical conduct and report any improper conduct and violations of this Model Code of Conduct by any persons to appropriate authorities. E. I will actively pursue continuing education opportunities for the purpose of improving my professional skills and thereby providing higher quality service to the court and the public. F. I will avoid any activity which would reflect adversely on my position or the court. Guidelines: Paragraph A deals with the idea that the court is a service to the public, and that actions by a court employee should reflect a high level of professionalism. Employees need to be able to provide complete and understandable answers to the public’s questions in an efficient manner. Simultaneously, they must recognize that colleagues are also customers, and they should be given the same level of consideration as public clients. Paragraph B pertains to denigration of any individual(s) by a court employee. Essential to the administration of justice is allowing equal access and treatment for all. Every day court employees are called upon to assist people, and it is their responsibility to provide these customers with the utmost service, regardless of the individual’s race, religion, gender, national origin, etc. Discrimination can come in varying forms (speech, conduct, etc.), yet court employees should be aware that no form of discrimination is acceptable and when discovered should be exposed and discouraged. Paragraph C addresses the idea that for the court to be an effective institution, court employees must follow the rules/orders designed by the court. By enforcing the orders given by the court, employees encourage a shared level of understanding and efficiency. Disregarding rules/orders provided by the court allows for confusion and a decline in overall productivity that compromises the concept of professionalism. Paragraph D states that employees should faithfully pursue the guidelines explained in the Model Code of Conduct and that when necessary, report problems or violations to an appropriate authority within the court system. Paragraph E acknowledges the idea that when working within the court, laws and rules of operation are continually changing due to legislation, higher court decisions, technology, etc. Therefore, court MODEL CODE OF CONDUCT FOR JUDICIAL EMPLOYEES 6 employees are encouraged to take advantage of educational opportunities that will advance their understanding and allow for better service. Paragraph F addresses the idea that court employees are highly visible and that their actions reflect upon not only themselves, but the court as well. Improper behavior or the appearance thereof may compromise an employee’s professional integrity. Before partaking in a particular action, court employees should consider its propriety. Employees should conduct themselves in a manner that instills public trust and confidence. I have read and understand this Model Code of Conduct. As a court employee, I also agree that I will support the Constitution of the United States and the Constitution of this State, and that I will faithfully discharge the duties of my office. __________________________________ _____________________ Signature Date MODEL CODE OF CONDUCT FOR JUDICIAL EMPLOYEES 7 DEFINITION OF TERMS CONFIDENTIAL INFORMATION includes, but is not limited to, information on pending cases that is not already a matter of public record and information concerning decision-making processes of particular judges. CONFLICT OF INTEREST includes, but is not limited to situations where the court manager’s objective ability and/or independent judgment in the performance of their official duties may be impaired; or when the court manager (including family) may receive a direct or indirect benefit resulting from any official action. COURT EMPLOYEE: Each court must determine which employees (i.e., full-time staff, part-time staff, volunteers, independent contractors, etc.) represent the court and are therefore covered by this Model Code of Conduct. LEGAL ADVICE: Advising someone to follow a specific or general course of action or to interpret law as it relates to a specific case or set of facts. Can Provide: Cannot Provide: • Legal definitions • Procedural definitions • Cites of statutes, court rules and ordinances • Public case information • General information on court operations • Options • Access • General referrals • Forms and instructions on how to complete forms • Legal Interpretations • Procedural advice • Research of statutes, court rules and ordinances • Confidential case information • Confidential or restricted information on court operations • Opinions • Deny access, discourage access or encourage litigation • Subjective or biased referrals • Fill out forms for a party PROCEDURAL INFORMATION: Identifying court rules, statutes, procedures or options in general. 1 Holding public office is acceptable unless a conflict of interest exists with employment at the court. An example of a conflict, serving on the county board of commissioners whose oversight of budget and other policy issues impact the court. 52nd District Court Non-Discrimination Policy 10/23 The 52nd District Court follows the policies and procedures outlined in Oakland County’s Non- Discrimination Policy. 10/12/2023 /Joseph G. Fabrizio/ ___________________ ______________________________________ Date Joseph G. Fabrizio, Chief Judge 52nd District Court OATH I, Click or tap here to enter text. do solemnly swear that I will support the Constitution of the United States and the Constitution of this State, and that I will faithfully discharge the duties of the position of Click or tap here to enter text. according to the best of my ability. Name: Click or tap here to enter text. Subscribed and sworn to before me This _______day of _________, 2022 Click or tap here to enter text. Court Administrator 52nd District Court 52nd District Court Parental Leave 10/23 The 52nd District Court follows the policies and procedures outlined in the Oakland County Parental Leave Policy. 10/12/2023 /Joseph G. Fabrizio/ ___________________ ______________________________________ Date Joseph G. Fabrizio, Chief Judge 52nd District Court Safe Harbor Complaint Procedure 10/23 The 52nd District Court follows the policies and procedures outlined in Oakland County’s Safe Harbor Complaint Procedure. 10/12/2023 /Joseph G. Fabrizio/ ___________________ ______________________________________ Date Joseph G. Fabrizio, Chief Judge 52nd District Court Smoking Policy 10/23 The 52nd District Court follows the polices and procedures outlined in Oakland County’s Smoking Policy. 10/12/2023 /Joseph G. Fabrizio/ ___________________ ______________________________________ Date Joseph G. Fabrizio, Chief Judge 52nd District Court Social Media Policy Oct 2023 1. Purpose To address the way residents and businesses communicate to obtain information about the 52nd District Court (also referred to as the “Court”) online, the Court has developed social media tools to reach a broader audience. The use of social media tools will further the goals of the Court by: a. Improving how the Court connects with the public b. Informing the public about Court news, events and procedures c. Promoting transparency d. Providing information quickly e. Inspiring public trust and confidence through courteous and prompt service The Court has the responsibility to ensure confidentiality for its customers and an interest in deciding what is announced on its behalf. This policy established procedures for the use of social media by the Court. 2. Definitions: For the purposes of this policy, the following definitions apply: a) Court Employees means any and all Court employees working within the Court, including elected Judges of the Court, Court Administrators of the Court, Court Administration staff employees, Judges’ staff employees, and employees within the Court’s probation departments. b) Social M edia means activities that use technology to enhance social interaction and connection. Such examples include Facebook, Twitter, lnstagram, and LinkedIn. It enables users to share information, ideas, personal messages and other content, as well as develop social and professional contacts. 3. Terms of Use a. If you visit the 52 District Courts’ social media sites, you agree to the terms listed in this policy. You may not use the court's social media sites or any of its contents for unlawful purpose. We may amend these terms of this policy as needed. b. Users may freely print any information that they obtain from the Court's social media sites. Permission to use documents from these sites is granted provided that: 1. The copyright notice belonging to a third part must appear on all copies. 2. You may not reproduce any trademark or service mark displayed on the sites without express written permission. 3. No modification of any documents, articles or posts are made. 4. Uses of Court’s Social Media Sites a. Dissemination of time sensitive information b. Enhance access to justice c. Public outreach tool d. Address common questions and provide information on court forms e. Communicate court activities and operations, announcements, updates f. Aid in recruitment of new employees 5. General Use of the Court’s Social Media Sites a. All social media sites for the Court and posting for those sites will be subject to approval by the Social Media Specialist, the Chief Judge and/or the Chief Judge’s designee. b. The Social Media Specialist will be responsible for the content of any social media site. c. The Court's social media sites shall comply with the Court's ethics, rules and policies. d. The articles, posts, and comments on the Court's social media sites containing any of the following shall not be allowed and will be removed: 1) Profane language and content Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation 2) Content that discusses political campaigns 3) Sexual content 4) Solicitations of commerce 5) Conduct or encouragement of illegal activity 6) Information that may compromise the safety or security of the public e. The Court is not responsible or liable for inappropriate content that is posted to the Court's social media sites which cannot be removed in an expeditious and timely manner. f. The Court reserves the right to remove or restrict content that is deemed in violation of this policy or any applicable law. 6. Handling of Public Comments on the Court’s Social Media Sites a. As a general rule, employees shall not block individuals from interacting with the Court social media accounts. b. The Court Administrator or designee shall only remove comments that are discriminatory, obscene, threatening, non-governmental advertisements, violate the intellectual property rights of another, promote illegal activity or are not related to the topic in the original posting. c. Comments that meet the criteria for removal stated above shall be brought to the attention of the Court Administrator or designee. The removal of the comments shall not be authorized if the comments do not meet the above criteria. Criticism or negative comments about the topic may not be removed on that basis alone. d. The Court Administrator or designee shall ensure that all removed comments are screenshot, dated and saved for at least three years. e. 52 District Court social media sites shall prominently display the following statement on all sites that accept comments from the public: The 52 District Court reserves the right to remove comments that are discriminatory, obscene, threatening, non-governmental advertisements, violate the intellectual property rights of another, promote illegal activity or are not related to the topic in the original posting. All posted comments may be subject to disclosure as public records under federal and/or state law. 7. Personal Social Media Use by Employees a. You may list your Court position in your personal social media accounts but you shall not speak or comment on behalf of the Court or in your capacity as a Court Employee. It is recommended that you keep your privacy and security in mind when engaging in personal social media use. Even with good security measures, the comments you make may be forwarded to others and accessible for others to see for a long time. b. Personal social media accounts should conspicuously indicate that it is a “personal account” or “personal campaign account.” c. Personal social media accounts shall not: 1) have a public office’s or official’s Court address, email, phone number, or other contact information, including any links thereto; 2) display Court or County logos, service/trademarks, or other similar symbols; 3) share information about or discuss Court services, business, or operations; 4) ask for input about the Court services or operations; 5) allow requests for or provide Court services through the account. d. If you do any of the above in subsection c and you allow other users to comment on the posts, you must not remove comments or other users for reasons that are contrary the Court’s Handling of Public Comments on the Court’s Social Media Sites. e. Nothing in this policy shall prevent an employee from exercising their right to make a complaint of discrimination or other workplace misconduct, engage in lawful collective bargaining activity, or to express an opinion on a matter of public concern that does not unduly disrupt Court operations. f. Employees are prohibited from revealing non-public court records or other confidential judicial information on their personal social media sites. g. Employees shall not post any opinions or information regarding current litigation or involving parties involved in the current litigation on their personal social media sites. h. In order to avoid loss of productivity and distraction from the employees' job performance, the Court prohibits the use of Court facilities or equipment for personal social media use during work hours. i. The Court reserves the right to visit and monitor public social media sites to ensure that employees are not violating this or other Court policies. j. Violations of this policy may result in disciplinary action, including termination. 8. Links Policy a. The Court may upload or post links to other organizations or agencies. These links are for informational purposes only. The Court does not endorse the content, products, services or viewpoints of these external websites. b. Once you leave the 52 District Court's social media sites and link to an external website, the 52 District Court's terms and policies no longer apply. 9. Disclaimer a. The information provided on the 52 District Court's social media sites is updated frequently. Every effort is made to maintain accurate information; however, the Court does not guarantee the accuracy of the information. Use of this site is at your own risk, and the 52 District Court will not be liable for any damages resulting from the use of the information available on the sites. I have read and understand the 52nd District Court Social Media Policy. ___________________________________ ____________________ Employee Signature Date 52nd District Court Social Security Number Privacy Policy 10/23 The 52nd District Court follows the policies and procedures outlined in Oakland County’s Social Security Number Privacy Policy. 10/12/2023 /Joseph G. Fabrizio/ ___________________ ______________________________________ Date Joseph G. Fabrizio, Chief Judge 52nd District Court Tuition Reimbursement Policy 10/23 The 52nd District Court follows the policies and procedures outlined in Oakland County Merit Rule 20 regarding tuition reimbursement. 10/12/2023 /Joseph G. Fabrizio/ ___________________ ______________________________________ Date Joseph G. Fabrizio, Chief Judge 52nd District Court Work Connected Injury or Illness 10/23 The 52nd District Court follows the policies and procedures outlined in Oakland County Merit Rule 17 regarding any work connected injury or illness. 10/12/2023 /Joseph G. Fabrizio/ ___________________ ______________________________________ Date Joseph G. Fabrizio, Chief Judge 52nd District Court Workplace Violence Policy 10/23 The 52nd District Court follows the policies and procedures outlined in Oakland County’s Workplace Violence Policy. 10/12/2023 /Joseph G. Fabrizio/ ___________________ ______________________________________ Date Joseph G. Fabrizio, Chief Judge