163.63 VIOLENCE AND BULLYING IN THE WORKPLACE POLICY.

   (a)    The City of Youngstown is committed to maintaining a workplace that is free from bullying, violence and/or threat of violence. Any violent behavior that creates a climate of violence, hostility or intimidation will not be tolerated, regardless of its origin.

   (b)   This policy includes but is not limited to the following behaviors:

      (1)    Violent or threatening physical contact (e.g., fights, pushing and/or physical intimidation.)

      (2)    Direct or indirect threats.

      (3)    Threatening, abusive or harassing phone calls.

      (4)    Possession of an unauthorized weapon on City property or job site.

      (5)    Destructive or sabotaging actions against City or personal property.

      (6)    Stalking.

      (7)    Violations of a restraining order.

      (8)    High levels of conflict or tension within a work unit.

      (9)    Threats of suicide.

      (10)    Discriminatory remarks. (Ord. 15-11. Passed 2-4-15.)

      (11)   Harassment, discrimination or discriminatory remarks based upon one's race, sexual orientation, gender identity, color, national origin, religion, sex, disability, age or participation in protected activity.

         (Ord. 16-437. Passed 12-21-16.)

      (12)    Explicit or degrading.

      (13)   Using profanity when linked with physical and/or physical or psychological aggression.

      (14)   Bullying including actions such as making threats, spreading rumors, attacking someone physically or verbally, and preventing one from completing his or her work.

   (c)   Many situations, if investigated and responded to before they become serious, can be diffused before they result in violence or damage to an employee's health or career. Any employee can report concerns or incidents to a supervisor, the Human Resources Manager or the City Law Director. In addition, where appropriate, an employee may contact security personnel and/or the Youngstown Police Department.

   (d)   All employees, customers, vendors and other individuals should be treated with courtesy and respect at all times. The City strictly prohibits the possession of weapons (excepting those individuals permitted by law) and/or the use of violence or threats of violence in the workplace and views such actions very seriously. Conduct that constitutes real or perceived threats, threatening behavior, verbal abuse, intimidation or coercion, harassment, menacing behavior, stalking, injury to persons or property or acts of violence to another employee, customer, vendor or other individuals will not be tolerated.

   (e)   Any person who makes substantial threats, exhibits threatening behavior, or engages in violent acts on City premises shall be removed from the property as quickly as safety permits, and may be asked to remain away from City premises pending the outcome of an investigation into the incident. Persons who commit these acts outside the workplace but involve work related activities are also violating this policy.

   (f)   When reporting a threat or incident of violence, the employee should be as specific and detailed as possible. Employees should not place themselves in peril. The City encourages employees to bring their disputes to the attention of their supervisors or the Human Resources Manager before the situation escalates. The City will not discipline employees for reporting good faith concerns.

   (g)   If a supervisor becomes aware of any action, behavior or perceived threat that may violate this policy, the supervisor is responsible for immediately contacting the Department Head,

Human Resources Manager, and the City Law Director.

   (h)   The City will promptly and thoroughly investigate all reports of threats of violence or incidents of actual violence and of suspicious individuals or activities. The identity and confidentiality of the individual making a report will be protected as much as possible. To maintain workplace safety and the integrity of its investigation, the City may suspend employees suspected of workplace violence or threats of violence, either with or without pay, pending investigation. If it is determined that threatening behavior has been exhibited or acts of violence were committed, the City will initiate an appropriate response. Anyone found to be responsible for threats of or actual violence or other conduct that is in violation of these guidelines will be subject to prompt disciplinary action up to and including termination of employment.

   (i)   Employees should promptly inform the Human Resources Manager of any protective or restraining order that they have obtained that lists the workplace as a protected area. Employees are encouraged to make good faith reports of safety concerns with regard to intimate partner violence. The City is committed to supporting victims of intimate partner violence.

   (j)   This policy prohibits retaliation in any form against an employee who in good faith brings a complaint of violence, intimidation, bullying and/or harassment. However, any allegations that prove to be false, and that prove to have been made maliciously or knowingly, will likewise be viewed as a serious offense subject to disciplinary action up to and including termination. (Ord. 15-11. Passed 2-4-15.)