Policy 2255-3

Criminal Proceedings Involving Employees

Commissioner's Policy
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Purpose:

To establish employee guidelines for reporting any arrest, charge, indictment or conviction for a criminal offense and management guidelines for determining appropriate action regarding the employee’s employment status resulting from the incident.

Policy:

It is a fundamental objective of the Georgia Department of Transportation (GDOT) to make all reasonable efforts to provide a safe and secure environment for citizens, customers, employees, other work-related contacts and state property. Based on this, all GDOT employees must report any arrest, charge, indictment or conviction for any criminal offense (excluding minor traffic violations) as well as the disposition of each such arrest, charge, indictment or conviction.

Responsibilities:

  1. Employee:

    1. Report any arrest, charge, indictment or conviction for any criminal offense (excluding minor traffic violations) to the appropriate District Engineer/Office Head or their designee.

      NOTE: If an employee is required to maintain a Commercial Driver’s License as a condition of employment, the employee must report any moving traffic violation that could result in license suspension (e.g., DUI, reckless driving, etc.) and any citation for lack of insurance to his/her immediate supervisor.

      If no work time has been missed, the incident must be reported immediately upon reporting for duty the next work day. (Example: An employee is arrested on a Saturday morning and is released that same day. The employee must report the incident immediately upon arriving at work on the next scheduled work day.)

      If work time has been missed, the employee must report the incident as soon as possible, but not later than five (5) work days after the arrest. The employee must make every reasonable effort to personally contact the appropriate District Engineer/Office Head or their designee. If the employee is unable to report as a result of being incarcerated, the incident may be reported by the employee’s authorized legal counsel or a responsible family member.

    2. Report the disposition of each arrest, charge, indictment or conviction to the District Engineer/Office Head within five (5) calendar days after the disposition of each such incident has been determined.

    3. Comply with all reporting requirements specified by the District Engineer/Office Head until the outcome of the arrest, charge, indictment or conviction has been determined or concluded.

  2. District Engineer/Office Head:

    1. Acknowledge the receipt of any criminal proceedings information from an employee.

    2. Immediately forward all information regarding the criminal proceedings to the Office of Personnel, Employee Management Relations Section, which will determine what, if any, employment action is appropriate for the circumstances.

    3. Inform the employee of any resulting employment action and of any further reporting obligations, including the obligation to immediately report any change in the status of any charge or indictment.

    Actions Regarding the Employee:

    1. If, due to incarceration, an employee is unable to report for duty for five (5) or more consecutive work days, the employee may be terminated as a presumptive resignation. Any period of absence while incarcerated will be deemed to be unauthorized leave without pay.

      In exceptional circumstances, the Commissioner may waive the termination by presumptive resignation and authorize an unpaid absence for an employee incarcerated pending criminal proceedings.

      Upon disposition of the charges, an employee separated in accordance with this policy may be considered for reemployment depending on the nature and disposition of the charges.

    2. Any employee arrested, charged or indicted for any criminal offense (excluding minor traffic violations) who is able to report for duty may be suspended without pay pending disposition of the charge or indictment.

      Any suspension action will be determined based on the type of charge and/or indictment. A suspension without pay under this policy shall not exceed the period of time necessary for the disposition of the criminal action.

      The employee is required to report the status of the charge or indictment to the appropriate District Engineer/Office Head every 30 calendar days (or more frequently if specified) during the suspension period. Failure to report as required may subject the employee to further disciplinary action, up to and including separation from employment.

      The District Engineer/Office Head will provide status updates to the Office of Personnel, Employee Management Relations Section, as they become available.

    3. Any employee arrested, charged or indicted for any criminal offense (excluding minor traffic violations) may be separated from employment, if determined appropriate based on the circumstances.

    4. Employees convicted of any of the following may be separated from employment:

      1. A felony offense.

      2. A crime involving moral turpitude.

      3. A crime arising out of or in conjunction with the performance of their duties.

      4. A crime that brings discredit on the GDOT or reflects a distrust of the employee with the responsibilities associated with their employment.

      NOTE: A conviction includes a plea of guilty, a verdict or judgment of guilty, or a plea of nolo contendere, regardless of whether punishment is imposed or suspended.

The procedure for Reporting Criminal Arrest, Charge, Indictment or Conviction by GDOT Employees may be read in the Manual of Administrative Procedures.

Reference:

Standards of Conduct, TOPPS 2255

Authored by the Office of Personnel, 404-656-5260

Document History:

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