[Ord. No. 10516, 9-20-2018; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
a.
Overview.
b.
Objectives.
In keeping with the spirit and intent of this Policy, it is
the stated commitment of the City of Kirkwood:
1.
To provide a safe and healthful work environment;
2.
To take prompt remedial action up to and including immediate
termination, against any employee who engages in any threatening behavior
or acts of violence or uses any obscene, abusive or threatening language
or gestures;
3.
To take appropriate action when dealing with customers, former
employees or visitors to the City's property who engage in such behavior.
Such action may include notifying the police or other law enforcement
personnel and prosecuting violators of this Policy to the maximum
extent of the law. The City intends to use all reasonable legal, managerial,
administrative and disciplinary procedures to secure the workplace
from violence and to reasonably protect employees from harm;
4.
To prohibit employees, former employees, customers and visitors
from bringing unauthorized firearms or other weapons onto the City's
premises; and
5.
To establish a procedure for reporting a complaint of workplace
violence and investigating any complaint of workplace violence.
c.
Description of Workplace Violence.
Workplace violence in this Policy shall include but not be limited
to an act or behavior that:
1.
Is physically assaultive;
2.
A reasonable person would perceive as obsessively or irrationally
directed and reasonably likely to result in harm or threat to persons
or property, such as conduct intensely focused because of a grudge,
grievance or romantic interest in another person;
3.
Consists of a communicated or reasonably perceived threat to
harm another individual or to destroy property;
4.
A reasonable person would perceive as menacing or which would
be reasonably interpreted as carrying potential for physical harm
to an individual; and
5.
Involves carrying or displaying weapons, destroying property
or throwing objects in a manner reasonably perceived to be threatening.
d.
Reporting Workplace Violence.
Any employee who feels he or she has been subjected to workplace
violence should immediately contact one or more of the persons below
with whom the employee feels the most comfortable.
1.
The employee's Department Head.
2.
The Human Resources Manager.
3.
The Assistant Chief Administrative Officer.
4.
The Chief Administrative Officer.
|
The employee should be prepared to provide the following information:
| |
|
1.
|
Your name, department and position title.
|
|
2.
|
The name of the person(s) committing the alleged violence (including
department, if an employee of the City).
|
|
3.
|
The specific nature of the alleged violence and specific date
and time of any and all incidents.
|
|
4.
|
All witnesses to any incidents.
|
|
The City will not condone any form of retaliation against any
employee for making a report under this Policy.
| |
e.
Investigation of Workplace Violence Complaint.
The Human Resources Manager is the person designated by the
City to be the investigator of any complaint of workplace violence.
The Assistant to the Chief Administrative Officer may also investigate
any complaint of workplace violence. If any complaint is directed
against the Human Resources Manager, the Chief Administrative Officer
shall investigate the complaint or determine an appropriate delegate
to investigate the complaint.
All complaints of workplace violence shall be investigated promptly.
If it is determined that the complaint is valid, appropriate action
shall be taken. If the complaint is against an employee, disciplinary
action shall be consistent with the nature and severity of the offense.
The disciplinary action may include demotion, suspension, dismissal,
warning, placement on probationary status and may also include mandatory
referral to the City's EAP program. In the event of any complaint
against the Chief Administrative Officer or City Clerk in which the
Human Resources Manager recommends disciplinary action, a recommended
disciplinary action and report of the complaint of workplace violence
and summary of the investigation of the complaint shall be forwarded
to the Mayor and City Council for their review and determination of
appropriate action to be taken against the Chief Administrative Officer
or City Clerk.
f.
Obligations of Employees.
Employees shall report all instances of workplace violence in
a timely manner.
Employees are obligated to cooperate in any investigation of
a complaint of workplace violence, including, but not necessarily
limited to, coming forward with evidence, both favorable and unfavorable
to a person accused of violence, and by fully and truthfully making
a written report or verbally answering questions when required to
do so during an investigation of a workplace violence complaint.
Disciplinary action shall be taken against any employee who
fails or refuses to cooperate in an investigation of alleged workplace
violence, or who intentionally files a false complaint of workplace
violence.
