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CHAPTER 10 - BUTNER PUBLIC SAFETY DIVISION
SUBCHAPTER 10A - GENERAL
14A NCAC 10A .0101 BACKGROUND INFORMATION
History Note: Authority G.S. 122C-408; 143A-6;
143B-10; S.L. 1981, Ch.491, s. 2;
Eff. March 1, 1982;
Repealed Eff. July 1, 1988.
14A NCAC 10A .0102 NAME AND ADDRESS
The public safety organization providing fire and police protection to the Butner territorial jurisdiction is referred to in G.S.
122C-408 as the Butner Public Safety Department; however, as a division of a principal department, it may also be called the
Butner Public Safety Division - especially for purposes of administration. Therefore, the designation, "Division," is used in
these Regulations or Rules. It may be abbreviated as, "BPS".
The address is:
Butner Public Safety Division
701 Central Avenue
Butner, N. C. 27509
Telephone 919/575-6561
The State Courier box for this address is No. 302.
History Note: Authority G.S. 122C-408; 143A-6;
143B-10; S.L. 1981, Ch. 491, s. 2;
Eff. March 1, 1982.
14A NCAC 10A .0103 MISSION
The mission of the Butner Public Safety Division is to furnish fire and police protection for the Butner territorial jurisdiction,
subject to any limitations specified herein as follows:
(1) Fire Protection
(a) to those areas or major installations approved by the Secretary of Crime Control and Public Safety
as being within the Division's capability; and to post signs and otherwise indicate to the public the
boundaries of areas and the identity of major installations served.
(b) to enter into mutual aid agreements with neighboring fire departments or other firefighting
organizations, on the authority of the Department Secretary.
(2) Police Protection. To the Butner territorial jurisdiction and such other law enforcement duties as may be
authorized or directed by the Department Secretary.
History Note: Authority G.S. 122C-408; 143B-10;
Eff. March 1, 1982.
14A NCAC 10A .0104 JURISDICTION
The territorial jurisdiction for the Butner Public Safety Division includes the territory embraced by the John Umstead Hospital
site and any property adjacent to that site which is owned or leased by the Department of Human Resources or any other
agency of the State. It shall also include any property formerly a part of the original Camp Butner reservation, including:
(1) both those areas currently owned and occupied by the State and its agencies and those which may have
been leased or otherwise disposed of by the State;
(2) any property adjacent to that site that is owned or leased by the State or any political subdivision of the
State; and
(3) any adjoining property.
History Note: Authority G.S. 122C-408(a); 143B-10;
Eff. March 1, 1982.
14A NCAC 10A .0105 AUTHORITY OF PUBLIC SAFETY AND SPECIAL POLICE OFFICERS
As directed by the chief, any Butner Public Safety Officer shall have authority to serve any civil or criminal process to be
served on any person confined at any State facility within the Butner territorial jurisdiction. Any such process shall be
forwarded by the sheriff of the county in which the process originated to the chief of the Butner Public Safety Division,
pursuant to G.S. 122C-408(b). The Department Secretary or his designee shall develop internal office procedures for
collecting from the Clerks of Court the uniform fee for each such process, as provided under Chapter 7A of the General
Statutes. The Secretary or his designee shall ensure that the chief, Butner Public Safety, be kept informed of such procedures.
The chief may be required by the Secretary or his designee to assist in the collection procedure.
History Note: Authority G.S. 122C-408(b); 143B-10;
Eff. March 1, 1982;
Amended Eff. May 1, 1988.
14A NCAC 10A .0106 ORGANIZATION AND ADMINISTRATION
(a) Organization
(1) Chain of Command. The chain of command extends from the Department Secretary to the Assistant
Secretary for Law Enforcement to the Chief, Butner Public Safety (BPS) to the Assistant Chief, BPS and
thence to supervisors, assistant supervisors and finally, Public Safety Officers (PSO).
(2) Organizational Groupings. Under the chief and assistant chief there is a two-person staff consisting of a
secretary and a senior supervisor who serves as relief for shift or platoon supervisors when they are off duty
on a rotation basis. There are three shifts organized into three platoons. Each platoon consists of a
supervisor, relief supervisor and six Public Safety Officers.
(3) Functional Concept. Under the public safety concept, firefighters are policemen and policemen are
firefighters. Each officer has a dual role for which he or she is trained. Selected personnel specialize
further in such skills as operators of fire trucks and their pumping equipment. On each shift, an operator
for each fire truck remains at the station, performing other duties while there. When there is a fire alarm,
the driver starts to the fire and designated officers of the platoon, who are on patrol, are notified by radio
where to respond. At that time, they assume their role as firefighters.
(b) Administration. Payroll, personnel, procurement and property matters are administered centrally at departmental level in
Raleigh with necessary input from the chief's office in Butner. Personnel time records, requisitions, repair and service
requests, police and fire actions and records shall be administered in Butner.
History Note: Authority G.S. 143A-6(a); 143B-10;
S.L. 1981, Ch. 491, s. 2;
Eff. March 1, 1982.
14A NCAC 10A .0107 GENDER
In most instances, the Rules in this Chapter apply to males and females equally. In an effort to reinforce this intent, the
pronouns indicating both sexes are used extensively throughout, such as he/she, him/her, and his/her. Nevertheless, where the
masculine pronoun only appears, the intent is for the rule to apply to both sexes, unless the context obviously indicates
otherwise. This is in consonance with Section 12-3(1) of the General Statutes which reads in part, "...; and every word
importing the masculine gender only shall extend and be applied to females as well as to males, unless the context clearly
shows to the contrary".
History Note: Authority G.S. 12-3(1); 143B-10;
Eff. March 1, 1982.
14A NCAC 10A .0108 DEFINITIONS
The following definitions shall apply to the words and phrases found in this Chapter. Employees shall be governed by these
definitions whenever they appear in any Butner Public Safety Division rule, regulation, order, policy, directive, or other
publication.
(1) "Administrative Chain of Command". The normal chain of command as determined by the administrative
organization. See also Chain of Command; Operational Chain of Command.
(2) "Administrative Control". The direction or exercise of authority over subordinate or other organizations or
persons in respect to administrative matters, suchas personnel management, supply, services, and other
matters not included in the operational missions of the subordinate or other organizations or persons. See
also Administrative Chain of Command; Operational Chain of Command.
(3) "Approved Physician". A medical doctor approved by the Secretary.
(4) "Assistant Chief". An enforcement member who ranks below the chief and above public safety supervisors.
(5) "Chain of Command". The succession of commanding officers or other supervisors from a superior to a
subordinate through which command and supervision are exercised. See also Administrative Chain of
Command; Operational Chain of Command; Administrative Control.
(6) "Channels". Route of official communication from one organizational level or supervisor to another,
through intermediate levels or supervisor, if any.
(7) "Chief". The enforcement member of the division who ranks above all other employees of the division.
(8) "Civilian Employees". Persons employed by the Butner Public Safety Division who are not sworn law
enforcement officers and who do not have police powers. Unless the context indicates otherwise the term
"civilian" or "civilians" means civilian employee(s).
(9) "Complaint". An allegation by any person of improper conduct on the part of any employee.
(10) "Compulsory Leave Without Pay". Action taken in temporarily removing a division employee from duty as
a result of his/her violation of division policy, rules, regulations or directives, not to exceed three days.
(11) "Department". The Department of Crime Control and Public Safety, unless clearly indicated otherwise.
(12) "Detail". Members of the division grouped together for the accomplishment of a specified official mission.
(13) "Directive". A numbered written order issued by the chief which prescribes a policy governing the
operation of the division or which outlines procedures to be followed in performing a function or duty. See
also Order; Special Order.
(14) "Dismissal". An act which terminates the service of a member without the member's consent.
(15) "Division". Butner Public Safety Division of the Department of Crime Control and Public Safety as an
organization, including all employees, both enforcement and civilian.
(16) "Employee". Any enforcement member or a civilian employed by the Division.
(17) "Enforcement Member". Any employee of the division who is a sworn law enforcement officer.
(18) "Gift". Something that is bestowed voluntarily and without compensation, for example, money, tangible or
intangible personal property, a loan, any service rendered, entertainment, or a promise, expressed or
implied, to provide any of these.
(19) "Gratuity". Something that is bestowed voluntarily and without compensation, for example, money,
tangible or intangible personal property, a loan, any service rendered, entertainment, or a promise,
expressed or implied, to provide any of these.
(20) "Illegal Order". An order issued by a superior officer which is not consistent with applicable laws.
(21) "Insubordination". Willfully disobeying any lawful order issued by a superior member, or any
disrespectful, insolent, or abusive language or conduct directed toward a superior member.
(22) "Length of Service". The length of time that a member has been engaged in the actual performance of duty
as an enforcement member.
(23) "Member". All personnel who are charged with enforcement public safety duties, including Special Police
Officers.
(24) "Military Leave". The period of time during which an employee is granted leave from the division when
called to perform active military service.
(25) "Off Duty". Time during which a member is authorized to be free of the responsibility of performing
routine duties.
(26) "Operational Chain of Command". The chain of command established for a particular task or operation, or
series of tasks or operations. See also Chain of Command; Administrative Chain of Command.
(27) "Order". An instruction or directive, either written or oral, issued by superior officers or supervisors to
subordinates in the course of duty. See also Special Order; Directive.
(28) "Platoon". A subordinate unit within the division consisting of members assigned to work as a group under
the command of a supervisor.
(29) "Policy". A guiding principle or course of action designed to influence and determine decisions, actions,
and procedures.
(30) "Probation". A 12-month trial period in which a member's fitness for membership in the division is tested.
(31) "Probationary Member". Any member who has been employed by the division for less than the 12-month
probation period.
(32) "Public Safety Officer". A generic or general term meaning any member certified and sworn as a law
enforcement officer and qualified as a firefighter. The job title of a Public Safety Officer who does not
have supervisory authority.
(33) "Public Safety Supervisor". An enforcement member who ranks below assistant chief and who supervises
Public Safety Officers and Special Police Officers in their duties.
(34) "Rank". A specific level of authority within the organizational structure of the division.
(35) "Recommendation". An investigator's or supervisor's suggested course of action which is forwarded to the
appropriate supervisor with a completed report of investigation.
(36) "Reprimand". A level of disciplinary actions taken against a member.
(37) "Resignation". Voluntary termination of service by a member of the division.
(38) "Retirement". Termination of active service of a member with the number of years of creditable service
required by statute to be eligible for retirement benefits or termination of service due to incapacitating
disability.
(39) "Secretary". The Secretary of the Department of Crime Control and Public Safety, unless clearly indicated
otherwise.
(40) "Special Officer Supervisor". An enforcement member who ranks below assistant chief and who supervises
Special Police Officers in their duty.
(41) "Special Order". A written order issued by the chief relating to personnel matters. See also Order.
(42) "Special Police Officer". A member certified as a law enforcement officer and qualified for range security
duties.
(43) "State". The sovereign State of North Carolina.
(44) "Supervisor". A commissioned or noncommissioned officer assigned supervisory control and direction of
members.
(45) "Suspension". Action taken in removing a member from duty without pay in order to investigate an alleged
violation of division policies, rules, regulations or directives. Suspension without pay may continue until a
full and final resolution of the matter is reached.
History Note: Authority G.S. 122C-408; 143B-10;
Eff. March 1, 1982.
