July 1, 2006

 

MEMORANDUM

TO:                   Deans, Directors, and Department Heads

FROM:             Chancellor James L. Oblinger

SUBJECT:             Reporting Misuse of State Property

I would like to remind you of a reporting requirement, North Carolina General Statute § 114-15.1, which requires each agency head to promptly report misuse of state property to the State Bureau of Investigation (SBI Form).   Employees are to report misuse within 3 days of discovery to their supervisor or to the Office of Legal Affairs, and the misuse report must be sent to the SBI within 10 days from when misuse was discovered.  

“Misuse” includes unlawful use of State property regardless of whether we know who did it.   Vandalism, theft, embezzlement, unlawful computer hacking, and unauthorized personal use of State property are examples of “misuse.”   

I have asked that Mary Elizabeth Kurz, Vice Chancellor and General Counsel, act as the person to contact the State Bureau of Investigation.   As soon as you become aware of a misuse of state property, report it immediately to General Counsel Kurz so that there is time to investigate the matter and report it to the State Bureau of Investigation, if necessary. The regulation that governs reporting the misuse of state property is located at http://www.ncsu.edu/policies/finance/property/REG07.40.2.php .

Also attached to this memorandum is a summary of selected rules and regulations that govern the use of some types of state property.   It is important that each dean, director and department head disseminate this information to all of their respective employees.  

Attachment

JLO/dgh

cc:   Executive Officers

 

 

SUMMARY OF SELECTED RULES AND REGULATIONS

ON FREQUENTLY USED STATE PROPERTY

The use of state property for personal gain and the misuse of state property are violations of the criminal laws and may result in disciplinary action or dismissal from University employment.   State property includes, but is not limited to, motor vehicles, telephones, copiers, computers, credit cards, and fax machines. N.C.G.S. 14-91 makes it a felony for a State employee who has been entrusted with State property to knowingly or willfully embezzle, convert, or misapply that property or otherwise abuse the trust.

Any University employee who has information about the misuse of State property or knows of an individual using State property in a way that jeopardizes human life should report as soon as possible, but not later than three days, to their supervisor.   Each department is required to report any suspected misuse of state property promptly to the University's Office of Legal Affairs.   State law requires Legal Affairs to report the possible misuse to the State Bureau of Investigation. See Reporting the Misuse of State Property: http://www.ncsu.edu/policies/finance/property/REG07.40.2.php

The following summary regarding frequently used equipment is provided to inform you or to remind you of your obligations. If you have any questions about your responsibilities or about the appropriate use of State property not listed below, please contact your supervisor, director, department head, or dean.

Computers:

The use of computers is governed by the University's administrative regulation on computer use.   Limited personal use is allowed provided all conditions are met under section III of the regulation.   See Computer Use regulation: http://www.ncsu.edu/policies/informationtechnology/REG08.00.2.php .

Telephones and Facsimiles:

Telephones and fax machines are for university business.   Occasional personal, local telephone calls are permitted.   Long distance telephone and fax charges that result in a toll to the University are not permitted, even if it is your intended purpose to reimburse the University.   Charging personal long distance telephone calls to the University is considered misuse of state property.   University rules require documentation of all long distance telephone calls. This documentation must be available in the department for periodic audit and review.   A recommended form for documenting these calls is available at http://www.ncsu.edu/policies/informationtechnology/pdf/logsheet.pdf .

No personal calls, local or long distance, may be made with university-owned cell phones, even if a total package of minutes applies to the use of the phone.

State Vehicles:

Under N.C.G.S. 14-247, it is unlawful to use any state-owned vehicle for private purposes whatsoever. The State Motor Pool regulations that govern the use of state vehicles can be found at: http://www.ncsu.edu/policies/finance/travel/REG07.65.7.php

Use of State Property Off Campus or at Home:

Any State property that is taken away from campus, to your home or other locations is governed by    the rules on capital assets http://www.ncsu.edu/policies/finance/accts_receivables/REG07.30.14.php .   Equipment may be taken off premises if (1) use will not interfere with the operational needs of the college/department; (2) the appropriate dean/director/department head gives written approval for     such use; and (3) the equipment is used only for University purposes.   NCSU Equipment Tracking Authorization Form must be completed http://www.fis.ncsu.edu/controller/forms/ca2.pdf .

Under State law, the University must collect from employees the cost of any State property they have not returned.   In the case of a separating employee, State law allows the University to deduct the value of the property from a final paycheck.

Credit Cards (department stores, gasoline, office supply, etc):

Under no circumstances may University credit cards or purchasing cards be used for personal use even if you intend to reimburse the University for the charges.The regulation governing the use of purchasing cards is located at: http://www.ncsu.edu/policies/finance/purch/REG07.45.5.php

University Mail System:

The University mail system is for the handling of official University mail.   Employees should not use it for personal correspondence or for private business.   The U.S. Postal Service regulations permit the University to have an internal mail system for business purposes, which is postage free under its “letters-of-the-carrier” exception. 39 C.F.R. ¶310.3.   Violators may be fined, imprisoned or both    and forced to pay postage.

NCSU Office of Legal Affairs

Updated June 2005