SOP 410.01: Staff Housing

Division:
Executive
Effective Date:
October 1, 2006
Reference Code:
IVR01-0001
Topic Area:
Engineering and Construction Services - Space Management
PowerDMS:
View on PowerDMS
Length:
4,601 words

Summary

This policy establishes procedures for providing on-premises housing to essential correctional staff at GDC facilities that operate 24 hours a day. Wardens are required to reside on facility grounds as a condition of employment when housing is available, though exemptions may be granted by the Commissioner. The policy covers housing types (state-owned or state-leased), furnishings and appliances provided by the Department, and the process for Internal Rental Agreements between the Department and staff residents.

Key Topics

  • Staff housing
  • warden housing
  • on-premises housing
  • correctional facilities
  • rental agreements
  • state-owned property
  • state-leased housing
  • facility operations
  • emergency response capability
  • housing allowances
  • utilities
  • household appliances
  • lawn maintenance
  • inmate labor restrictions

Full Text

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|`Functional Area: `
`Support`
`Services/Engineering and`
`Construction Services -`
`Space Management`|`Reference Number: `
`IVR01-0001`|`Revises`
`Previous`
`Effective Date:`
`11/15/04`|
|`Subject:`
`Staff Housing`|||
|`Authority:`
`Donald/Smith`|`Effective Date:`
`10/1/06`|`Page``1`` of`
`18`|

I. POLICY:

   In recognition of the security, emergency, and continuous
   operational needs of correctional institutions and other
   Departmental facilities which operate on a 24-hour basis, and
   with particular recognition of the need for a capability of
   immediate reaction to emergency situations, the Department
   makes available housing on the premises of various facilities
   for certain staff who are considered essential to the
   operation of the Department/facility.

II. APPLICABILITY:

   State Prison Staff

   Legal Office

III. RELATED DIRECTIVES:

   A. Board Rule: 125-2-1-.01(d), 125-2-1-.12

   B. GDC-SOP: IN01-0004 - Contract Services; IIA09-0001       Tobacco Products in State Institutions etc.; IIB03-0001       Use of Inmate Labor on State Housing; IVG01-0015 –
      Employee Relocation Expense; IVO05-0004 - Relocations.

IV. DEFINITIONS:

   A. Space Coordinator means the individual occupying the
      position of Space Management Coordinator assigned to the
      Engineering and Construction Services Section of GDC.

   B. Business Office means the office and staff of the Deputy
      Warden of Administration at the State Prison.

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V. ATTACHMENTS:

   Attachment 1: Rent, Utility and Taxable Income Payroll
   Deduction Authorization Form

   Attachment 2: State Housing Recommendation Form

   Attachment 3: Internal Rental Agreement

VI. PROCEDURE:

   A. Housing Types

      1. Warden Housing

         a. Each warden shall be required, as a condition
            of employment, to reside on the facility
            premises when such housing is available. In
            the event such housing is not available, the
            Department shall lease housing for the warden
            as close to the facility as possible unless
            special circumstances prevent the Department
            from leasing housing within that distance.

         b. A warden may request an exemption from the
            condition of employment of having to reside in
            housing on the prison grounds. Such requests
            shall be in writing, shall state the reasons
            why the warden is seeking the exemption, and
            shall be forwarded to the Commissioner for
            review and possible approval. If the
            Commissioner concludes that there is adequate
            justification for the warden to reside
            elsewhere the Commissioner may grant the
            request. If the Commissioner grants a warden
            an exemption from the condition of employment
            of having to reside in housing on the prison
            grounds then the Commissioner shall require the
            deputy warden for security or the chief of
            security to reside in the housing on the
            prison grounds as a condition of employment for
            the deputy warden for security or the chief of
            security. Wardens who receive such an exemption
            shall be responsible for their own living
            expenses and shall not receive any financial
            assistance from the Department for their living

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   arrangements. In the event a new warden is
   assigned to a facility where the deputy warden
   for security or the chief of security is
   residing in the wadens’s house, pursuant to the
   above, the warden is required to reside in the
   warden’s house and the deputy warden or chief
   of security will be required to relocate from
   the warden’s house.

c. Wardens shall be housed in one of two types of
   property: state owned, when available, or state
   leased when a facility does not have a state
   owned house.

   1) State owned: An Internal Rental Agreement
      shall be prepared in accordance with the
      procedure specified in Section VI.B.1
      below.

   2) State leased: The Commissioner or his/her
      designee shall execute the appropriate
      lease agreement with the landlord of such
      housing and shall maintain copies of said
      agreement as may be required. See Section
      VI.B.1.b below. Each warden assigned
      state-leased property shall enter into an
      Internal Rental Agreement with the
      Department as specified in VI.B.1 below,
      prior to moving into the property. All
      such Internal Rental Agreements shall be
      signed by the warden as tenant and by the
      Director of the Corrections Division.

d. The facility shall provide to the warden the
   following household appliances and services:

   1) Kitchen appliances: Oven, refrigerator,
      dishwasher.

   2) Laundry appliances: Clothes washer,
      clothes dryer.

   3) Telephone Service: see Section VI.B.9.

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4) Window treatments: One set of blinds per
   window throughout the residence. Any
   additional layer or covering, such as
   adding draperies over the blinds, will be
   at the warden’s expense.

5) Lawn services: Lawn mowing, shrubbery
   trimming, collection and disposal of
   leaves and debris, normal maintenance
   (fertilizing, pest control, etc.), repair
   of damage (filling holes, re-planting
   grass, replacing shrubs, etc.).

   (a) For state-leased warden’s housing,
      the facility may provide the kitchen
      and laundry appliances, and window
      treatments listed above when they are
      not provided by the lessor. Lawn
      services cannot be provided due to
      restrictions on the use of inmate
      labor (SOP IIB03-0001). However,
      where the lessee is responsible for
      lawn care, the facility may provide
      the following tools, equipment and
      supplies for the warden’s use:

      (i) Power lawn mower. May be a
           riding mower for lawns larger
           than one acre and/or if
           warden is physically unable
           to safely operate a push
           mower.

      (ii) Power lawn edger (‘weed           whacker’).

      (iii) Power hedge trimmer.

      (iv) Power leaf blower.

      (v) Watering tools: water hoses,
           hose nozzles, lawn
           sprinklers, etc.

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            (vi) Hand tools: hoes, rakes,
                 shovels, trowels, etc.

            (vii) Lawn care chemicals:
                 fertilizer, insecticide, etc.

         (b) All of the appliances, tools,
            equipment and supplies noted in
            VI.A.1.d. above will be carried on

`the facility` ’ `s inventory. Wardens in`

            state-leased housing will follow the
            applicable tool accountability
            procedures. Whenever state-leased
            housing is permanently vacated by the
            Department, the vacating warden will
            arrange for the return of all such
            appliances, tools, equipment and
            supplies to the facility.

         (c) Exceptions to the provisions of
            section VI.A.1.d. shall be made on an
            individual basis by the Director of
            the Corrections Division.

2. Employee Housing

   a. If additional housing is available on facility
      premises, such housing may be assigned by the
      warden to deputy wardens with the prior
      approval of the Director of the Corrections
      Division. Attachment 2, the State Housing
      Recommendation Form, is to be utilized for this
      approval.

   b. If housing is available for personnel in
      addition to deputy wardens, the warden shall
      appoint a HOUSING COMMITTEE to assist in the
      appropriate assignment of housing. Vacant
      housing will be advertised to all staff and
      assignment of employee housing shall be based
      on the necessity and capability of those
      employees responding to situations where life,
      health, safety, and/or good order of the
      facility are at risk. Toward that end,

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   assignment will be made according to the
   following priorities:

   1) Priority 1 - CERT/Tactical squad members,
      correctional supervisors, institutional
      fire chief, canine handlers, correctional
      officers necessary for emergency response,
      institutional maintenance, institutional
      medical staff who are state employees (not
      contract employees).

   2) Priority 2 - Unit managers, institutional
      food service staff.

   3) Priority 3 - Other staff which meet the
      goal stated in Section VI.A.2.b. above.

c. At a minimum, the membership of the Housing
   Committee shall consist of the deputy warden
   for administration (chair); the deputy warden
   for security; and the deputy warden for care
   and treatment.

d. The Housing Committee shall develop for the
   warden’s approval a list of assignment criteria
   subordinate to those specified in VI.A.2.b
   above. The Housing Committee will use these

`criteria to evaluate an employee` ’ `s suitability`

   for assignment to available housing, and will
   recommend housing assignments to the warden
   based on the evaluations.

e. Utilizing the State Housing Recommendation form
   (Attachment 2), the warden will submit the
   recommendation(s) for approval/disapproval to
   the Director of the Corrections Division.

f. The Director of the Corrections Division will
   make the final decision. He/she will return the
   completed State Housing Recommendation form
   (Attachment 2) to the referring warden, with a
   copy to the GDC Space Management Coordinator
   (Space Coordinator).

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      g. Each employee assigned facility housing shall
         enter into an Internal Rental Agreement
         (Attachment 3) prior to moving into the
         property. See Section VI.B.1.a below.

   3. Housing for Farm Manager, Joe Kennedy Farm and
      Administrative Operations Manager, Food Distribution
      Unit

      The Farm Manager of Joe Kennedy Farm and the
      Administrative Operations Manager, Food Distribution
      Unit shall be required, as a condition of
      employment, to reside in state owned housing.
      Housing for these individuals shall be provided in
      the same manner as for wardens housed in state owned
      housing. See Section VI.A.1. above.

B. Rental Agreements

   1. Preparation and Distribution of Agreements

      a. An Internal Rental Agreement form (Attachment
         3) is to be completed for each occupancy of
         state-owned or state-leased housing.

         1) The facility Business Office (Business
            Office) will prepare two copies of an
            Internal Rental Agreement. The Business
            Office must fill in the following
            information:

            (a) name of facility;

            (b) facility house number or address;

            (c) For trailer pad, specify whether
               tenant’s trailer is single-wide or
               double-wide;

            (d) name of tenant and job title;

            (e) effective date; and

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      (f) monthly rental and utility fees if
         applicable (See Section VI.B.6
         below).

   2) The Business Office will obtain original
      signatures on both copies as follows:

      (a) The tenant.

      (b) The warden as recommending supervisor
         if the tenant is a deputy warden or
         below, OR The Director of the
         Corrections Division as recommending
         supervisor for wardens.

      (c) Each signed copy will be an
         ‘original’.

   3) The Business Office will give one original
      to the tenant and keep the other for its
      own files.

b. The lease for any state-leased warden’s housing
   will be negotiated by the Space Coordinator and
   the landlord.

   1) After locating appropriate housing (see
      Section VI.C below) available for lease,
      the Business Office will request the Space
      Coordinator to negotiate the terms of the
      lease.

   2) Any negotiations concerning the terms of
      the lease will be between the landlord and
      the Space Coordinator who, in conjunction
      with Legal Office, will prepare a lease
      for the identified property and mail three
      copies to the landlord for signature and
      return. The Space Coordinator will also
      prepare an executive summary form for the
      lease.

   3) The Business Office will enter the
      landlord as an authorized vendor to the

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         State of Georgia, or verify that the
         vendor is already so entered.

      4) Upon Space Coordinator’s receipt of the
         three signed original leases from the
         landlord:

         (a) The Space Coordinator will attach the
            executive summary form and route the
            entire package for review by
            appropriate offices, ending with the
            Legal Office.

         (b) The Legal Office will execute all
            three originals, complete the
            executive summary, keep one original
            executed lease for its own files, and
            return the rest of the package to the
            Space Coordinator.

      5) The Space Coordinator will then:

         (a) Make one copy of the executed lease
            and completed executive summary for
            its own files.

         (b) Make and send another copy of each to
            the Business Office.

         (c) Send one original executed lease to
            the landlord.

         (d) Send one original executed lease and
            the original executive summary to
            Accounting.

2. Term of Internal Rental Agreements

   a. Internal Rental Agreements shall begin on the
      date the property is to be occupied, normally
      the first day of the calendar month; and end
      when the employee's employment is terminated,
      when the employee fails to comply with contract

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      requirements, or when the employee otherwise
      vacates the property.

   b. Whenever partial-month occupancy occurs, the
      charge for lease and utilities will be prorated
      for that period of time. Normally, partial      month payments will be by direct payment from
      the employee to the Business Office and not by
      payroll deduction. See Section VI.B.7 below.

`3.` `Renewal of State Leased Warden` ’ `s Housing`

   a. The Space Coordinator will contact the Business
      Office approximately ninety (90) days prior to
      the expiration of the current lease to
      determine whether occupancy will continue. If
      occupancy is to continue, the Space Coordinator
      will communicate with the landlord and develop
      the necessary renewal notices or new leases.

   b. If a new lease is required, all parties will
      proceed as described in Section VI.B.1.b. steps
      (2) through (5) above.

   c. If an existing lease is being renewed through
      exercise of option:

      1) The Space Coordinator will coordinate with
         the Legal Office to draft and sign two
         originals of a Contract Renewal Letter,
         prepare an executive summary form for the
         renewal, and route the entire package for
         review by appropriate offices, ending with
         the Legal Office. The Legal Office will
         make one copy of the signed Contract
         Renewal Letter for its own files, then
         return both originals and the completed
         executive summary to the Space
         Coordinator.

      2) The Space Coordinator will then:

         (a) make one copy of the signed Contract
            Renewal Letter and completed
            executive summary for its own files.

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         (b) Make and send another copy of each to
            the Business Office.

         (c) Send one original of the signed
            Contract Renewal Letter to the
            landlord.

         (d) Send one original of the signed
            Contract Renewal Letter and the
            original executive summary to
            Accounting.

4. Termination of Internal Rental Agreement

   a. The Business Office will maintain documentation
      in its file of Internal Rental Agreement
      terminations.

   b. The Business Office will also notify the Space
      Coordinator of all such terminations.
      Notifications may be made by e-mail and is to
      provide institution name, house/trailer pad
      number, name of employee and date of lease
      termination.

5. Termination of State Leased Warden’s Housing

   a. The Business Office will notify the Space
      Coordinator whenever a warden needs to move
      from state leased housing. This notice must be
      in writing. It may be sent either in hardcopy
      or via e-mail.

   b. The notice of termination must include, at a
      minimum, the following information:

      1) Name of facility;

      2) Name of warden;

      3) Reason for termination;

      4) Address of residence;

      5) Name and phone number of landlord; and

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   6) Date of intended termination.

c. The Space Coordinator will negotiate directly
   with the landlord toward vacating the premises
   and, if necessary, terminating the lease.

d. Normally, leases expire automatically at the
   end of the fiscal year (June 30) unless a pre   existing renewal option is exercised by the
   Department. Termination under circumstances
   other than expiration are addressed in the
   lease document. If a warden desires to have
   the Department terminate a lease prior to its
   expiration the warden shall submit a written
   request to the Director of the Corrections
   Division through the Space Coordinator.
   Wardens may be personally responsible for
   paying any and all early termination fees and
   costs that may be incurred as a result of the
   early termination of the lease.

e. The Space Coordinator will coordinate with the
   Legal Office to draft and sign two originals of
   a letter terminating the rental agreement,
   prepare an executive summary form for the
   termination, and route the entire package for
   review by appropriate offices, ending with the
   Legal Office. The Legal Office will make one
   copy of the signed termination letter for its
   own files, then return both originals and the
   completed executive summary to the Space
   Coordinator who will then:

   1) make one copy of the signed termination
      letter and completed executive summary for
      its own files.

   2) Make and send another copy of each to the
      Business Office.

   3) Send one original of the signed
      termination letter to the landlord.

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      4) Send one original of the signed
         termination letter and the original
         executive summary to Accounting.

6. Rental and Utility Fees

   a. Wardens, the Farm Manager of Joe Kennedy Farm
      and the Administrative Operations Manager of
      Food Distribution Unit shall pay no rental or
      utility fees for housing provided to them.
      Deputy wardens for security and chiefs of
      security shall pay no rental or utility fees
      for housing if they are residing in housing in
      place of the warden, pursuant to above Section
      VI.A.1.b.

   b. The schedule of payments shown on the following
      pages shall be followed by other GDC staff who
      are provided housing under Sections VI.A. Such
      payments are based on the appraised value of
      housing which may be available on state-owned
      property. Any non-GDC Staff residing in GDC
      housing will pay the appraised value for such
      housing.

   c. All staff who pay rent will also pay taxes
      (imputed income) on the difference between the
      appraised value of the property or the rent
      amount set for trailer pads/lots and the amount
      of rent actually paid. E.g., if the appraised
      value of a property is $600 per month, the
      staff member would pay $150/mo. rent (25% of
      $600). He/she would be taxed on $450 for that
      month (the difference between $600 and $150).

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|TYPE OF HOUSING|MONTHLY RENT|MONTHLY UTILITIES|
|---|---|---|
|`House`|`Based upon 25% of the`
`house’s`
`last`
`market`
`rental analysis.`|

`Based upon square footage`
`(sf) and location.`
`Rate is.0968 per sf for`
`below`
`facilities`
`in`
`northern part of state:`
`Arrendale SP`
`GDCP`
`Hays SP`
`Phillips SP`
`Walker SP.`

`Rate is.0953/sf for below`
`facilities in southern part`
`of state:`
`Baldwin SP`
`Bostick SP`
`GSP`
`Mens SP`
`Montgomery SP`
`Rivers SP`
`Rogers SP`
`Scott SP`
`Smith SP`
`Ware SP`
`Washington SP.`


|

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|TYPE OF HOUSING|MONTHLY RENT|MONTHLY UTILITIES|
|---|---|---|
|`Trailer pad or`
`lot`|
`25% of $90.00 = $22.50 `|`Based upon assigned footage`
`and location. Single-wide`
`trailers are assigned 1,035`
`sf.`
`Double-wides`
`are`
`assigned 1,495 sf.`
`See list for House above to`
`determine whether rate is`
`.0968/sf or .0953/sf.`
`Rates`
`are`
`computed`
`differently where tenants`
`pay`
`for`
`some`
`utilities`
`directly`
`instead`
`of`
`reimbursing GDC. AtColony `
`Farmtrailer pads, rate is`
`$30 per month.`
`AtWare SPthe pad is too`
`small`
`for`
`a `
`single-wide`
`trailer. The rate there is`
`.0953/sf for the trailer’s`
`actual sf.`
`AtHancock SP all trailer`
`pad`
`utilities`
`are`
`individually`
`metered.`
`Thus,`
`the`
`tenants`
`are`
`required to pay the utility`
`providers directly and are`
`not charged by GDC.`|
|`Apartment`
`(Available`
`in`
`Milledgeville`
`only)`|
`$.77/sf, which is 20%`
`of square footage rate`
`for like property (180`
`Longino Rd.,`
`Milledgeville).`|`Rate is .0953/sf.`|

d. Rental and utility rates will be adjusted by
   the Space Coordinator every five years to
   reflect any changes in the fair rental value of
   the housing and utilities. The next adjustment
   will be in FY 2008.

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7. Payroll Deduction

   a. GDC employees are required to pay rent,
      utilities, and income taxes via payroll
      deduction. The employee must complete and sign
      the Rent, Utility and Taxable Income Payroll
      Deduction Authorization form (Attachment 1)
      and submit it to the local Personnel
      Representative. The local Personnel
      Representative must submit this form to Central
      Personnel Administration (CPA) by the 5th of
      the month so as to initiate the deduction.

   b. Rent, utility, and taxable income deductions
      will be payroll deducted from the employee’s
      salary for the pay period ending on the 15th of
      each month. Deductions will be taken for the
      current month . Employees may request rent,
      utility, and income tax deductions to be taken
      from both semi-monthly payroll checks.
      Requests for such must be made in writing to

`the facility` ’ `s personnel representative who`

      will forward them to the Department Personnel
      Director.

   c. Normally, partial-month payments will be by
      direct payment from the employee to the
      Business Office and not by payroll deduction.

   d. If the rent, utility and taxable income
      deduction changes, a new Rent, Utility and
      Taxable Income Payroll Deduction Authorization
      form (Attachment 1) must be submitted to the
      local Personnel Representative and then to CPA
      by the 5 [th] of the month to modify the deduction.

   e. If the rent, utility and taxable income
      deduction becomes no longer applicable, a new
      Rent, Utility and Taxable Income Payroll
      Deduction Authorization form (Attachment 1)
      must be submitted to the local Personnel
      representative and then to CPA by the 5 [th] of the
      month to terminate the deduction.

8. Local Operating Procedures for Employee Housing

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Each facility with housing available for personnel
additional to the warden and deputy wardens will
develop and implement local operating procedures
that incorporate the following:

a. Keys. A procedure for the control of tenants’
   keys and entry devices including issue,
   accountability, repair, replacement, and
   return.

b. Lawns and Grounds. Rules and guidelines
   stating tenants’ responsibilities to include
   maintenance of lawns and shrubbery at tenants’
   expense; removal of inoperable or unregistered
   vehicles from the property; removal of junk
   (examples: broken appliances, unmounted wheels
   or tires); and operation and parking of
   vehicles so as not to damage or deface lawns.

c. Security of Trash and Garbage. Rules and
   guidelines for tenants’ disposal of hazardous
   chemicals, flammable liquids, dangerous devices
   (examples: used syringes, incendiary or
   explosive devices), medications, alcoholic
   beverages, wearable clothing, and pornographic
   materials to prevent misuse of such items by
   inmates, small children, or others.

d. Maintenance of Buildings. Rules and guidelines
   for tenants regarding interior cleanup and
   sanitation; minor non-structural repairs at
   tenants’ own expense; permissible alterations,
   modifications, or other changes to buildings,
   including changes to any installed wiring or
   piping; compliance with facility restrictions
   on the types of chemicals used (example: drain
   de-clogger) in order to prevent damage to the
   property and the environment.

   1) Where tenants are permitted to use
      Department materials and resources to
      repaint, etc., the tenant will be limited
      to those materials and resources already
      used by the Department. For example, no
      special-order paint will be provided.

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e. Improvements. Rules and guidelines specifying
   what property improvements may be made by
   tenants at their own expense, and specifying
   that any such improvements will become the
   property of the Department upon termination of
   the rental agreement.

   1) The facility may provide for tenant      initiated improvements that use Department
      materials and resources. However, any
      improvement involving Department materials
      and resources in excess of $1,000.00 must
      receive prior approval from the Assistant
      Commissioner.

f. Major Appliances. Rules and guidelines on the
   installation and replacement of major
   appliances with the aim of controlling utility
   costs and ensuring safety.

g. Pest Control. Rules and guidelines on tenants’
   responsibilities for treatment against rodents
   and pests.

h. Pets. Rules and guidelines on permissible pets,
   including use of leashes and pens, and on types
   of pets that may not be kept indoors if these
   pets would be destructive to facility property.

   1) Rabies and other mandatory inoculations
      shall be the tenant’s responsibility, and
      the tenant must show proof of valid
      inoculation, if so required.

i. Firearms and Fireworks. Except in line of
   duty, tenants may not discharge firearms,
   fireworks, or other explosive or incendiary
   devices in any facility housing area.

j. Conduct of Families and Guests. Rules and
   guidelines for tenants, their family members,
   and their guests on standards of conduct while
   on facility grounds, including interaction with
   inmates and avoidance of restricted areas.

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            1) Tenants shall be responsible for the
               safety and good behavior of any minor
               children in their care.

         k. Operation of Motor Vehicles. Rules and
            guidelines on the safe and orderly operation of
            motor vehicles, including, as applicable, speed
            limits, parking restrictions, reckless driving,
            and pedestrian safety.

      9. Telephone Service

         The Department will furnish one fixed and one
         extension phone, which may be cordless, in the state
         houses (either leased or owned) of wardens, the Farm
         Manager, Joe Kennedy Farm and the Administrative
         Operations Manager, Food Distribution Unit. The
         Department will pay for the monthly service of these
         phones, with the exception of non-state business
         long distance calls, for which the occupant will
         reimburse the Department.

   C. State Leased Housing Qualification

      The monthly rental rate shall not exceed $ $1,500 for any
      warden’s housing leased from a private entity. Any
      exception to this must be approved by the Director of the
      Corrections Division.

   D. Prohibition on Personal Business

      SOP IVO14-0001, Section VI.A.3. states: “Employees shall
      not use state property or resources for personal
      business.”

VII, RECORD RETENTION.

   Attachment 1 of this SOP, upon completion, will be forwarded
   to Central Personnel Administration and then placed in the
   employee’s personnel file. This document will be kept
   according to the official retention schedule of personnel
   files. A copy will be kept in facility personnel file and
   retained in accordance with retention schedule for facility
   personnel files.

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Attachment 2 of this SOP will be retained by the Business
Office in accordance with the retention schedule for general
contracts.

Attachment 3 of this SOP will be retained by the Business
Office in accordance with the retention schedule for general
contracts.

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