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Elyria, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
CHARTER OF THE CITY OF ELYRIA, OHIO
PART ONE - ADMINISTRATIVE CODE
TITLE ONE - General Provisions
TITLE THREE - Legislative
TITLE FIVE - Administrative
CHAPTER 121 Mayor
CHAPTER 123 City Finance Director
CHAPTER 125 City Law Director
CHAPTER 127 Administrative Finance Counsel
CHAPTER 129 Administrative Legal Counsel
CHAPTER 131 Tax Administrator
CHAPTER 133 Department of Safety and Service
CHAPTER 135 Division of Police
CHAPTER 137 Division of Fire
CHAPTER 139 Division of Building and Zoning Inspection
CHAPTER 141 Division of Communications
CHAPTER 143 Division of Engineering
CHAPTER 145 Division of Streets
CHAPTER 147 Division of Public Buildings and Works
CHAPTER 149 Division of Utilities
CHAPTER 151 Division of Cemeteries
CHAPTER 153 Division of Forestry
CHAPTER 154 Planning Department
CHAPTER 155 Division of Purchasing and Personnel
CHAPTER 156 Building Department
CHAPTER 157 Department of Health
CHAPTER 158 Forestry Department
CHAPTER 159 Community Development Department
CHAPTER 160 Department of Parks and Recreation
CHAPTER 161 Urban Renewal
CHAPTER 163 Conflict of Interest; Board of Ethics
CHAPTER 165 Employees Generally
CHAPTER 167 Affirmative Action
CHAPTER 168 Minority Business Enterprise Program
CHAPTER 169 Arbitration Under Collective Bargaining Agreements
CHAPTER 170 IT Department
TITLE SEVEN - Boards and Commissions
TITLE NINE - Judicial
TITLE ELEVEN - Taxation
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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165.26 DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES.
   (a)   As used in this section, unless the context clearly requires a different meaning:
      (1)   "Action in tort" means any claim for monetary damages based upon negligence, unintentional tort, violation of civil or constitutional rights, violation of statutory rights, nuisance, products liability and strict liability, and shall also include any wrongful death or survival-type action.
      (2)   "Officer" means any elected and/or appointed official or employee of the City.
   (b)   Except as provided in subsection (e) hereof, the City shall, without cost to the officer, provide for the legal defense of any officer in any action in tort or contract arising out of an act or omission occurring within the scope of the officer's employment or public duties with the City.
   (c)   The City may provide for the defense of any officer through its own legal counsel, or by employing independent legal counsel, or by purchasing insurance which requires the insurer to defend, or by any combination thereof. If the City defends through its own legal counsel and its legal counsel determines that the interests of the officer and the City conflict, the City shall obtain the written consent of the officer for such representation or shall provide independent representation. An officer may have his or her own legal counsel to assist in the defense at the expense of the officer.
   (d)   Upon receiving service of a summons and complaint in any action in tort or contract brought against an officer, such officer shall, within ten days of receipt of service, give written notice of the claim and make a request that the City provide a defense to the action. The notice of claim and request for defense shall be filed with the Mayor or, if the Mayor has been named a defendant in such action, the notice of claim and request for defense shall be filed with the Clerk of Council.
   (e)   The City may refuse to provide for the defense of any action in tort or contract brought against an officer if it determines and notifies the officer in writing that any of the following are true:
      (1)   The act or omission was not within the actual or apparent scope of the officer's employment;
      (2)   The officer acted or failed to act because of fraud, malice or corruption; or
      (3)   A timely request to defend was not made in accordance with subsection (d) hereof.
   (f)   If the City refuses to provide an officer with a defense and the officer provides his or her own defense, the officer shall be entitled to recover all necessary and reasonable costs of such defense from the City if the act or omission is judicially determined to have arisen out of the actual or apparent scope of the officer's employment and the officer is found to have acted without fraud, malice or corruption.
   (g)   Subject to the limitations set forth in subsections (h) and (i) hereof and provided that the City shall not pay any award of punitive or exemplary damages, the City shall pay any judgment rendered against an officer in any action in tort or contract, or any compromise or settlement of such action. Likewise, the City shall pay any and all insurance deductible amounts on any insurance policy designed to provide coverage to the City or its officers for any such action in tort or contract so long as the officer or officers acted within the actual or apparent scope of employment.
   (h)   The City may refuse to pay any judgment, compromise or insurance deductible in any action in tort or contract against any officer, or if the City pays any judgment, compromise, settlement or insurance deductible, it may recover from the officer the amount of such payment and the costs to defend if:
      (1)   The officer acted or failed to act because of fraud, malice or corruption;
      (2)   The action was outside the actual or apparent scope of the officer's employment;
      (3)   The officer willfully failed or refused to assist the defense of the actions; or
      (4)   The officer compromised or settled the claim without the consent of Council. This shall not prevent an insurance carrier from settling or compromising any such claim, as it, in its judgment, determines appropriate.
   (i)   An officer who is being provided a defense in an action in tort or contract by the City shall not enter into any compromise or settlement to the action without the approval of Council.
   (j)   Nothing in this section shall be construed as a waiver of any defense which the City may assert in any action in tort or contract brought against it or any officer of the City. Defense by the City of any action shall not be deemed an admission by the City that the acts or omissions of the officer which gave rise to the action in tort or contract were within the actual or apparent scope of the officer's employment or public duties with the City.
(Res. R88-15. Passed 4-4-88.)
165.27 REIMBURSEMENT FOR COMMERCIAL DRIVER'S LICENSE. (REPEALED)
   (EDITOR’S NOTE: Section 165.27 was repealed by Ordinance 2017-48, passed April 17, 2017.)
165.28 EMPLOYEES EXEMPT UNDER THE FAIR LABOR STANDARDS ACT.
   (a)   For the purposes of this chapter, the following employees are exempt under the Fair Labor Standards Act ("FLSA"):
      (1)   Administrative Captain (Police Department)
      (2)   Administrative Captain - Notary (Police Department)
      (3)   Administrative Legal Counsel
      (4)   Assistant Clerk of Council
      (5)   Assistant City Engineer
      (6)   Assistant Finance Director
      (7)   Assistant Law Director I
      (8)   Assistant Law Director II
      (9)   Assistant Prosecutor
      (10)   Assistant Safety Service Director
      (11)   Building Official (Building Inspector, Chief)
      (12)   Chief of Staff - Law Director
      (13)   Civil Service Commission
      (14)   City Engineer
      (15)   Clerk of Council
      (16)   Clerk of Courts, Elyria Municipal Court
      (17)   Community Development Director
      (18)   Community Development Manager
      (19)   Council Member
      (20)   Deputy Clerk - Administrative, Elyria Municipal Court
      (21)   Economic Development Director
      (22)   Executive Assistant
      (23)   Finance Director
      (24)   Fire Chief
      (25)   Fire Marshal - Assistant Fire Chief
      (26)   Human Resources Director
      (27)   Human Resources Specialist
      (28)   IT Director
      (29)   IT Manager
      (30)   IT Analyst
      (31)   Judge, Elyria Municipal Court
      (32)   Judge - Visiting, Elyria Municipal Court
      (33)   Judge - Acting, Elyria Municipal Court
      (34)   Law Director
      (35)   Magistrate, Elyria Municipal Court
      (36)   Magistrate - Substitute, Elyria Municipal Court
      (37)   Maintenance & Operations Supervisor
      (38)   Mayor
      (39)   Operations Analyst
      (40)   Operations Manager
      (41)   Operations Superintendent
      (42)   Operations Supervisor
      (43)   Parks & Recreation Director
      (44)   Police Chief
      (45)   Police Records Supervisor
      (46)   Probation Officer
      (47)   Project Engineer
      (48)   Project Manager
      (49)   Prosecutor
      (50)   Public Works Supervisor
      (51)   Safety Service Director
   (b)   For the purposes of this chapter, all employees not listed herein shall be considered non-exempt, in accordance with the Fair Labor Standards Act ("FLSA").
(Ord. 2017-96. Passed 7-5-17; Ord. 2019-28. Passed 3-4-19.)
165.29 DISCRIMINATION AND HARASSMENT, INCLUDING SEXUAL HARASSMENT.
   (a)   Policy.
      (1)   The City is an Equal Opportunity Employer and is committed to a consistent effort in maintaining a work environment free of discrimination, and to prohibit harassment of any kind of and by its employees and applicants due to race, color, religion, sex, including sexual harassment, national origin, disability, age (40 years or older) or veteran status. In furtherance of the City's goal to create an environment for all City employees and visitors, which is fair and free from discrimination and harassment and of sexual coercion, the City hereby adopts a discrimination, harassment and sexual harassment policy and procedures as the basis for employee education and complaint resolution. Such policy shall fully comply with applicable Federal and State laws, rules, regulations and guidelines in the area of non- discrimination and harassment in employment. Discrimination, harassment and sexual harassment shall not be tolerated and are prohibited.
      (2)   Sexual harassment is a form of discrimination in violation of this policy and Title VII of the U.S. Civil Rights Act os 1964 (as amended) and Ohio R.C. 4112.
   (b)   Definition. "Sexual harassment" means any unwelcome sexual advance, request for sexual favors and other verbal or physical conduct of a sexual nature when:
      (1)   Submission to such conduct is made either explicitly or implicitly as a term or condition of employment or participation in any other City activity;
      (2)   Submission to, or rejection of, such conduct by an individual is used as a basis for evaluation in making personnel decisions affecting that individual; or
      (3)   Such sex based conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment.
   (c)   Types of Sexual Harassment. Sexual harassment may include, but is not limited to, the following types of behavior:
      (1)   Sexually oriented verbal kidding or use of nicknames, insults or explicit remarks of a sexual nature;
      (2)   Physical contact(s) such as pinching, touching, kissing or brushing against another's body;
      (3)   Sexual advance(s) with the threat of punishment for non-compliance or with promise of a reward for compliance; or
      (4)   Physical assault(s) of a sexual nature.
   (d)   Procedure. The procedures outlined below are designed to provide flexibility in dealing with the wide range of incidents, which fall under the term "sexual harassment." They are intended to be responsive to the particular situation at hand and are formal or informal as the allegations under review dictate.
      (1)   Any employee or applicant who believes that they have been discriminated against or subjected to harassment, including sexual harassment, should advise the offending individual that the action is not welcome and to stop;
      (2)   Any individual who is seeking information concerning discrimination or harassment or the complaint procedures should contact the Equal Employment Opportunity Office (EEO) or the appropriate department head, who will informally provide information and options available;
      (3)   Should any individual(s) wish to discuss a potential discrimination or harassment situation, they may go directly to the EEO, a department head or the Safety Service- Director (SSD). Initial discussions shall not make reference to the name of any accused person unless the complainant is ready to file a formal written complaint and proceed with an investigation;
      (4)   Should any individual(s) wish to file a discrimination or harassment complaint, the allegations must be submitted in writing to the EEO, who will initially discuss the matter with the complainant to ascertain, as fully as possible, the validity of the charges and the scope of the problem. Until this occurs, the matter will not be discussed with anyone other than the complainant. A complaint form is available in the Equal Employment Opportunity Office;
      (5)   Once the complaint has been filed, the EEO will:
         A.   Consult with the complainant(s);
         B.   Consult with the respondents(s);
         C.   Discuss with the appropriate person(s) identified by the complainants(s) and respondent(s) who may have knowledge of the situation and may be of assistance in establishing the facts; and
         D.   Prepare an investigative report within 30 days of receipt of the written complaint. The complaint will be submitted to the SSD for administrative decision within seven calendar days upon receipt by the SSD. A copy of the administrative action will be provided to the complainants(s), respondent(s), Equal Employment Opportunity Officer, department head and Administrative Legal Counsel.
         E.   The investigative authority of the EEO shall extend to all City employees regardless of elected office, reporting authority or supervisor, except for Step 6.
         F.   In complaints involving employees of elected officials and appointees such as Auditor, Municipal Judge(s), Clerk of Courts, Law Director or Clerk of Council, the Equal Employment Opportunity Officer's investigative authority and reporting shall apply as in division (d)(5)A. through F.
      (6)   A.   If the complainant or respondent is not satisfied with the administrative action by the SSD, they may appeal such in writing to the Mayor.
         B.   The appeal must be filed within seven calendar days of receipt of the Safety- Service Director's decision. The Mayor will review the appeal and respond, in writing, to all parties (respondent, complainant, the EEO and SSD) concerning the Mayor's disposition of the appeal. This must be done within ten calendar days after receiving the appeal.
      (7)   If a sexual harassment complaint involves the Mayor, SSD, or EEO or any elected official, the City's Administrative Legal Counsel will substitute for the involved City official according to the time frame and procedure outlined in division (d)(5)A. through F. of this policy.
   (e)   Investigative and Reporting. The City's Equal Employment Opportunity Officer shall act as the administrative coordinator of the Sexual Harassment Policy and Procedures set forth herein. The Equal Employment Opportunity Officer shall report directly to the Safety Service Director in this position and shall have the following responsibilities:
      (1)   Investigate and respond to complaints regarding the Sexual Harassment Policy and Procedures.
      (2)   Schedule and coordinate training sessions for staff and other segments of the community, as necessary.
      (3)   Provide information and referrals to individuals and groups requesting assistance such as the Employment Assistance Program (EAP), peer counseling, sensitivity training, and support group identification.
   (f)   Principles. In the investigating of complaints of sexual harassment, the following principles will be adhered to:
      (1)   Each complaint will be handled on an individual, case by case basis.
      (2)   The investigation will be conducted as fairly and expeditiously as possible.
      (3)   In investigating complaints of sexual harassment, confidentiality will be accorded the utmost respect for both the complainant(s) and respondent(s).
      (4)   An individual bringing forth a complaint of sexual harassment will not suffer any type of retaliation regardless of the outcome of the complaint.
      (5)   The complaint will be resolved in a manner, which is consistent with this policy and also fair and equitable to all parties concerned.
   (g)   Consensual Relationships. Dating relationships between city employees, or between supervisors and staff, are not illegal but may be unwise. Such consensual relationships may unfairly exploit power differences, violate the respect and trust given someone in authority and may subtly, and even inadvertently, pressure those in the more vulnerable position. Mutual consent relationships will not automatically provide immunity if a complaint of sexual harassment is filed.
   (h)   Equal Employment Opportunity Advisory Committee.
      (1)   Membership.
         A.   Membership is intended to reflect the representation of the city staff.
         B.   Volunteers are encouraged.
         C.   The Mayor shall make appointments.
         D.   The Equal Employment Opportunity Officer shall serve as the chairperson.
         E.   Each Department Head will be asked to recommend one member from each of the following departments:
            1.   Equal Employment Opportunity Officer, Chairperson
            2.   Auditor
            3.   Law Director
            4.   Municipal Judge(s)
            5.   Police
            6.   Fire
            7.   Health
            8.   Engineering
            9.   Building/Community Development
            10.   Communications
            11.   Streets
            12.   Parks and Recreation
            13.   Wastewater Plant, Water Pumping/Water Distribution
            14.   Utility, Sanitation
            15.   Administrative Legal Counsel - ex officio
      (2)   Charge. The Charge to the City's E.E.O. Advisory Committee is to:
         A.   Review the city's E.E.O. and Affirmative Action policies;
         B.   Review the annual E.E.O./A.A. reports;
         C.   Produce advisory opinions at the charge of the Mayor; and
         D.   Other duties as assigned by the Mayor.
   (i)   Third Party Harassment. Third party harassment may occur when individuals are negatively affected by sexual harassment directed toward another person.
   (j)   Retaliatory Actions. Attempts to take retaliatory action against the individuals involved or to influence the normal conduct of the grievance process will be considered a serious offense and is subject to disciplinary and/or other action.
   (k)   Disciplinary Actions. Appropriate sanctions will be imposed on individuals who were found to have engaged in sexual harassment or false allegations. Examples of possible sanctions are expulsion, warning letters in the individual's personnel file impacting upon salary, work assignment, promotion and contract renewal or job termination.
   (l)   False Allegations. Any City employee, agent or visitor who knowingly or maliciously files a false allegation of sexual harassment is subject to disciplinary and/or other action(s).
   (m)   EEOC and Time Limitations. City employees are encouraged to utilize this policy, prior to the filing of a complaint with an outside agency as the Equal Employment Opportunity Commission (EEOC). A complaint of sexual harassment must be filed at the Equal Employment Opportunity Commission (EEOC) within 180 days of the most recent incident. Individuals seeking to file with the EEOC may contact the Equal Employment Opportunity Officer for contact information.
(Ord. 2001-190. Passed 11-5-01 ; Ord. 2006-179. Passed 12-18-06 .)
165.30 CONTINUATION OF HEALTH INSURANCE BENEFITS FOR EMPLOYEES CALLED TO ACTIVE DUTY IN THE ARMED FORCES.
   The City Council hereby establishes a policy to continue the health insurance benefits for those City employees in reserve units who receive orders calling them involuntarily to active duty in the United States Armed Forces.
(Ord. 2002-95. Passed 5-6-02.)
165.31 WEAPONS POLICY.
   (a)   No City employee, while conducting City business, during working hours, on City time, or while on or in City-owned or leased property, shall possess, or have under the employee's control any offensive or defensive weapons, including but not limited to, a firearm (including unloaded, inoperable or sawed-off firearms, starter pistols, and zip guns) knife (excluding a small folding pen knife), club, brass knuckles, martial arts weapon, stun gun, any dangerous ordnance as defined in Ohio R.C. 2923.11, any incendiary or explosive chemicals or any similar items (prohibited items). For purposes of this policy, City-owned or leased property includes City-owned or leased vehicles, City-owned and/or controlled parking facilities or surface lots. Further, any prohibited items shall not be stored in or on personal vehicles or property parked or located on City-owned or leased property.
   (b)   Exception. This policy does not apply to any City employees who are required as a condition of their work assignment to possess firearms, weapons, or other dangerous devices and are specifically authorized to do so, to the extent the employee is possessing such firearm, weapon or dangerous device consistent with the employee's work assignment and authorization.
   (c)   An employee who violates this policy or uses or threatens to use any object as a weapon against any person shall be subject to disciplinary action, up to and including removal on the first offense.
(Ord. 2006-179. Passed 12-18-06.)
165.32 WORKPLACE VIOLENCE PREVENTION.
   (a)   Policy. The City is committed to providing its employees a work environment that is safe, secure and free of harassment, threats, intimidation and violence. The City recognizes that workplace violence is a growing problem that must be addressed and therefore hereby adopts a zero tolerance policy for workplace violence. Consistent with this policy, threats or acts of physical violence, including intimidation, harassment, and/or coercion which involve or affect City employees or which occur on or in City property will not be tolerated. Employees shall refer any questions regarding their right and obligations under this policy to the Office of Equal Opportunity (EEO).
   (b)   Definition.
      (1)   "Threats or acts of violence" include conduct against person or property that is sufficiently severe, offensive, or intimidating to alter the conditions of City employment, for, of, or to any City employee or to create a hostile, abusive, or intimidating work environment for or to any City employee(s).
      (2)   Prohibited workplace violence includes, but is not limited to, the following:
         A.   All threats or acts of violence occurring on City property, regardless of the relationship between the City and the individual involved in the incident;
         B.   All threats or acts of violence not occurring on City property, but involving anyone who is acting in the capacity of a representative of the City;
         C.   All threats or acts of violence not occurring on City property, but involving an employee of the City if the threats or acts of violence affect a legitimate interest of the City;
         D.   All threats or acts of violence resulting in the conviction of an employee or agent of the City, or of an individual performing services on the City's behalf on a contract or temporary basis, under any criminal code provision relating to threats or acts of violence that adversely affect a legitimate interest of the City.
   (c)   Examples of Prohibited Conduct.
      (1)   Specific examples of conduct that may be considered "threats or acts of violence" prohibited under this policy include, but are not limited to, the following:
         A.   Hitting or shoving an individual;
         B.   Threatening to harm an individual or his or her family, friends, associates, or their property;
         C.   The intentional destruction or threat of destruction of property owned, operated, leased, or in the possession of or controlled by the City;
         D.   Making harassing or threatening telephone calls, or sending harassing or threatening letters or other forms of written or electronic communications;
         E.   Intimidating or attempting to coerce an employee to do wrongful acts, as defined by applicable law, administrative rule, policy, or work rule, that would affect the business interest of the City;
         F.   The willful, malicious and repeated following of another person, also known as "stalking"and making of a credible threat with intent to place the other person in reasonable fear for his or her safety;
         G.   Making a suggestion or otherwise intimating that an act to injure persons or property is "appropriate" without regard to the location where such suggestions or intimation occurs;
         H.   Unauthorized possession or inappropriate use of firearms, weapons, or any other dangerous devices on City property.
      (2)   While some employees of the City may be required as a condition of their work assignment to possess firearms, weapons or other dangerous devices, or permitted to carry them as authorized by law, it is City policy that employees are to use them only in accordance with City operating procedures and all applicable State and Federal laws.
   (d)   Application of Prohibition. The City's prohibition against threats and acts of violence applies to all persons involved in City operations, including, but not limited to, City personnel, contract and temporary workers, and anyone else on City property. Violations of this policy by a City employee may result in disciplinary action up to and including termination, in accordance with the applicable law, rule or City collective bargaining agreements.
   (e)   Warning Signs, Symptoms and Risk Factors.
      (1)   The following are examples of warning signs, symptoms and risk factors which may indicate an employee's potential for workplace violence:
         A.   Dropping hints about a knowledge of firearms;
         B.   Making intimidating statements like: "You know what happened at the Post Office," "I'll get even" or "You haven't heard the last from me;"
         C.   Keeping records of other employees the individual believes to have violated City policy;
         D.   Physical signs of hard breathing, reddening of complexion, menacing stare, loudness, fast profane speech;
         E.   Acting out either verbally or physically;
         F.   Disgruntled employee or ex-employee who is excessively bitter;
         G.   Being a loner;
         H.   Having a romantic obsession with a co-worker who does not share that interest;
         I.   History of interpersonal conflict;
         J.   Intense anger, lack of empathy;
         K.   Domestic problems, unstable/dysfunctional family;
         L.   Brooding, depressed, strange behavior, "time bomb ready to go off."
      (2)   Supervisors should be alerted to and aware of these indicators. If an employee exhibits such behavior, the employee should be monitored and such behavior should be documented.
   (f)   Crisis Management Responsibilities. In all situations, if violence appears to be imminent, employees should take precautions necessary to assure their own safety and the safety of others. The following procedures shall apply in the event of a crisis situation:
      (1)   The primary contact person shall be the Safety-Service Director (SSD), who has the authority to assume or delegate the duties required of this policy.
      (2)   If the crisis situation involves an injury that requires immediate medical attention, the employee discovering the crisis should alert the appropriate medical professional by calling 9-1-1, contacting the police and then notifying a supervisor, who shall notify the SSD.
      (3)   In all other crisis situations, City employees should notify their supervisor of the situation. The supervisor should contact the police and notify the SSD. The SSD should notify the Administrative Legal Counsel.
      (4)   If no supervisor is available, the employee should contact the police and notify the SSD. The SSD should notify the Administrative Legal Counsel.
      (5)   Immediate action will be taken by the SSD to ensure the safety of those involved in the crisis situation or affected by the crisis.
      (6)   The SSD will notify the Mayor and the Administrative Legal Counsel of the facts of the crisis situation as soon as possible. The SSD will have or may delegate the responsibilities of:
         A.   Liaison with the law enforcement, fire, medical and other community resources offering assistance, as necessary.
         B.   Spokesperson to monitor incoming calls, and document in detail everything done in response to the crisis situation.
      (7)   All communication with the immediate relative(s) and other employees shall be handled by the SSD.
      (8)   In the event of threats of violence to person(s) or property by means of firearms, fire, explosions, bombs, etc., the SSD shall be notified, and the SSD shall contact the police. If law enforcement authorities determine that an evacuation is necessary, personnel of the affected area will be evacuated from the threatened area and employees will be directed to the appropriate site.
      (9)   If a building evacuation is necessary, it will be conducted in a safe and orderly manner. The SSD will ensure that the department heads from each evacuated facility account for their personnel and that all persons are evacuated from the building. Until otherwise directed, employees must report to and remain at the evacuation site so that they may be accounted for. Responding emergency service personnel will be notified of persons not accounted for to aid in determining whether the evacuation is complete.
      (10)   Re-entry into each evacuated facility will be restricted to emergency service and/or authorized personnel until law enforcement authorities determine the crisis is resolved and a safe re-entry can be made.
      (11)   In the event any person causing a crisis situation leaves the building, responsibility for preventing that person from re-entry shall be left to law enforcement authorities.
   (g)   Reporting Threats or Acts of Violence.
      (1)   Each City employee and every person on City property is encouraged to report incidents of threats or acts of physical violence of which he or she is aware. In cases where the reporting individual is not a City employee, the report should be made to the City Law Director's office, who will notify the SSD and the police.
      (2)   In cases where the reporting individual is a City employee, the report should be made to the reporting individual's immediate supervisor or a management level supervisory employee if the immediate supervisor is not available. The supervisor shall contact the SSD. An employee may also file a report directly with the City EEO. Any such incident shall be promptly referred by the SSD to the appropriate department head, who shall take corrective action in accordance with the applicable law, rule or collective bargaining agreement. Concurrently with the initiation of any investigation leading to a proposed disciplinary action, the supervisor shall report any incidents of threats or acts of physical violence to the Police Department, which shall make a follow-up report to the City Law Director.
   (h)   Training. The Office of Equal Opportunity shall provide opportunities for employees to be trained in the risk factors associated with workplace violence, and proper handling of emergency situations in order to minimize the risks of violent incidents occurring in the workplace.
   (i)   Referral to Employee Assistance Program.
      (1)   If a department head suspects that an employee has work-related and/or personal problems, the Department Head should recommend that the employee contact the Employee Assistance Program (EAP) for counseling and support.
      (2)   The Safety-Service Director should be consulted immediately in the event of a critical incident to arrange with EAP to assist in defusing the situation. EAP should also be consulted within 24 hours of the incident for purposes of conducting a critical incident stress debriefing, should a critical incident occur. Examples of critical incidents include:
         A.   Hostage or riot situations;
         B.   Serious injury or death of a co-worker;
         C.   Incidents involving use of force;
         D.   Resident suicide or death;
         E.   Catastrophic accidents;
         F.   Agency negative publicity.
      (3)   EAP should be consulted when developing employee and supervisor training programs.
   (j)   Dissemination of Policy. All employees will be given copies of this policy. All new employees will be given a copy of this policy as part of their orientation.
(Ord. 2006-179. Passed 12-18-06.)
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