(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.)