§ 37.062 WORKPLACE VIOLENCE.
   (A)   The safety and security of all employees is of primary importance to the city. Threats, abusive behavior, or acts of violence against employees, citizens, or other individuals, by anyone on city property or off city property, while performing job duties related to the city will not be tolerated. These types of actions will lead to referral to appropriate law enforcement agencies for arrest and prosecution. City employees who exhibit this type of behavior will be disciplined or discharged. The city may take any necessary legal action to protect its employees and will make every effort to assist any employee experiencing threats of violence.
   (B)   Any person who makes threats, exhibits threatening behavior, or engages in violent acts on city premises shall be removed from the premises as quickly as safety permits and shall remain off city premises pending the outcome of an investigation. Any employee who makes threats, exhibits threatening behavior, or engages in violent acts while in performance of their employment duties shall be immediately suspended, pending the outcome of an investigation of the incident. Following an investigation, the city will initiate an immediate and appropriate response. This response may include but is not limited to suspension and/or termination of any business relationship; reassignment of job duties; suspension or termination of employment; and/or criminal prosecution of the person or persons involved.
   (C)   All employees are responsible for notifying city management personnel of any threats that they witness, or receive, or that they are told another person witnessed or received. Even without a specific threat, all employees should report any behavior witnessed, that they regard as potentially threatening or violent or which could endanger the health or safety of an employee, when the behavior has been carried out on a city-controlled site or is connected to city employment; or city business. Employees are responsible for making this report regardless of the relationship between the individual who initiated the threatening behavior and the person or persons being threatened.
   (D)   Employees are encouraged to notify either their supervisor or the City Clerk if an Emergency Protection Order (EPO) or Domestic Violence Order (DVO) has been issued for their protection.
   (E)   The city will make every effort to assist an employee experiencing threats of violence. Assistance may include:
      (1)   Confidential means for coming forward for help;
      (2)   Resource and referral information (e.g., Employee Assistance Program);
      (3)   Leave of absence consideration; and
      (4)   Special safety considerations at the workplace.
   (F)   The city understands the sensitivity of the information requested and will respect the privacy of the reporting employee to the extent allowable by law. The city will endeavor to maintain the anonymity of a reporting party to the extent feasible for cooperation with appropriate law enforcement officials.
   (G)   Any employee who acts in good faith by reporting real or implied violent behavior will not be subjected to any form of retaliation or harassment.
   (H)   An employee carrying a deadly weapon while performing work for, or while on duty for, the City of Middletown does so as a voluntary act and not at the request or direction of the city.
   (I)   Other than sworn law enforcement officers, no job descriptions or job duties in the City of Middletown require an employee to possess a deadly weapon.
   (J)   An employee that chooses to carry a deadly weapon has the responsibility to know the law as to where they can, or cannot, legally carry their deadly weapon. Some locations, including schools, prohibit the carrying of deadly weapons by persons other than sworn law enforcement. Failure to abide by these lawful restrictions in these locations, even while performing work for, or while on duty for, the City of Middletown, may result in criminal and/or civil personal liability.
   (K)   An employee that uses a deadly weapon may incur personal liability and the City of Middletown may, or may not, indemnify the employee for such use.
(Ord. 5-11-2023-A, passed 6-8-2023)