Return of Public Property

A newly-enacted administrative regulation now prescribes important new procedures for the safeguarding of property in the possession of an employee who is to be transferred or re-assigned to a different location within the District, or one who is pending separation from employment.

The regulation, which the Chancellor recently approved, recognizes that it is District policy “that assets be protected and scrupulously maintained.” It acknowledges that, when employees change assignments or leave District employ, it is important to secure the return of property entrusted to them as well as to rescind or modify access to data, systems, and facilities.

Under the new regulation, each college president or vice chancellor must designate an individual who will be authorized to ensure:

• college- or District-owned property is retrieved from an employee “whose employment assignment is either to be transferred or re-assigned to a different location within MCCCD, or is pending separation from MCCCD employment”;
• “that employee’s access to data, systems and facilities” is rescinded or modified, as may be necessary;
• building security or the college’s public safety officials “are formally notified of the departure of an employee whether due to termination, resignation or transfer, to facilitate deactivating building security badges and collect all keys to facilities.”

The new regulation also authorizes that action be taken “against any person who willfully fails to return college- or District-owned property, or to surrender access to data, systems and facilities” as mandated under the new regulation.

That action may include “withholding as appropriate, compensation due and owing to the employee, legal action in a court of competent jurisdiction, and employment discipline.

“Any payment,” the regulation holds, “by MCCCD of wages, salary, or other compensation shall not constitute a waiver of any claim by MCCCD over a person’s failure to return college- or District-owned property or surrender access to data, systems and facilities.”

Accompanying the new regulation are proposed “Employee Return of Property and Assets Procedures.” The procedures are intended to “reinforce” the regulation.
Among the assets which are to be secured in the event of a transfer or separation of an employee are: access to District networks and communications; computers, printers, and peripherals; long distance calling cards; magazine subscriptions; cell phones and related equipment; institutional memberships; and home data connections, including those related to computer and telephone usage.

http://www.maricopa.edu/gvpolicy/adminregs/fiscal/1_11.htm

Published in the Fall 2007 Edition of In Brief