[Added 10-19-2005 by Ord. No. 17-2005; amended 8-11-2021 by Ord. No. 15-2021]
The Employer has adopted this Zero Tolerance Policy for workplace violence because it recognizes that workplace violence is a growing problem nationally that needs to be addressed by all employers. Consistent with this policy, acts or threats of physical violence, including intimidation, harassment, and/or coercion which involve or affect the Employer, its employees or which occur on the Employer's property will not be tolerated.
Threats or Acts of Violence Defined. "Threats or acts of violence" include conduct against persons or property that is sufficiently severe, offensive, or intimidating to alter the employment conditions with the Employer, or to create a hostile, abusive, or intimidating work environment for one or more employees.
Examples of Workplace Violence. General examples of prohibited workplace violence include, but are not limited to, the following:
All threats or acts of violence occurring on Employer property, regardless of the relationship between the Employer and the parties involved in the incident.
All threats or acts of violence not occurring on Employer property but involving someone who is acting in the capacity of a representative of the Employer.
All threats and acts of violence not occurring on Employer property involving an employee of the Employer if the threats or acts of violence affect the legitimate interest of the Employer.
Any threats or acts resulting in the conviction of an employee or agent of the Employer, or of an individual performing services on the Employer's behalf on a contract or temporary basis, under any criminal code provision relating to threats or acts of violence that adversely affect the legitimate interests and goals of the Employer.
Specific Examples of Prohibited Conduct. Specific examples of conduct which may be considered "threats or acts of violence" prohibited under this policy include, but are not limited to:
Hitting, fighting, pushing, or shoving an individual or throwing objects;
Threatening to harm an individual or his/her family, friends, associates, or their property;
The intentional destruction or threat of destruction of property owned, operated, or controlled by the Employer;
Making harassing or threatening telephone calls, letters or other forms of written or electronic communications;
Intimidating or attempting to coerce an employee to do wrongful acts that would affect the business interests of the Employer;
Harassing surveillance, also known as "stalking," the willful, malicious and repeated following of another person and making a credible threat with intent to place the other person in reasonable fear of his or her safety;
Making a suggestion or otherwise intimating that an act to injure persons or property is "appropriate," without regard to the location where such suggestion or intimation occurs;
Unauthorized possession or inappropriate use of firearms, weapons, or any other dangerous devices on Employer property.While employees of the Employer 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, employees are to use them only in accordance with departmental operating procedures and all applicable State and Federal laws.
Application of Prohibition. The Employer's prohibition against threats and acts of violence applies to all persons involved in the Employer's operation, including but not limited to Employer personnel, volunteers, contract and temporary workers, and anyone else on Employer property. Violation of this policy by any individual on Employer property, by any individual acting as a representative of the Employer while not on Employer property, or any individual acting off of the Employer's property when his or her actions affect the public interest or the Employer's business interests will be followed by legal action, as appropriate. Violation by an employee of any provision of this policy may lead to disciplinary action up to and including termination.
Warning Signs, Symptoms and Risk Factors. The following are examples of warning signs, symptoms, and risk factors which MAY indicate an employee's potential for workplace violence:
Dropping hints about a knowledge of firearms;
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";
Possessing reading material with themes of violence, revenge and harassment;
Physical signs of hard breathing, reddening of complexion, menacing stare, loudness, fast profane speech;
Acting out either verbally or physically;
Disgruntled employee or ex-employee who is excessively bitter;
Being a loner;
Having a romantic obsession with a co-worker who does not share that interest;
History of interpersonal conflict;
Intense anger, lack of empathy;
Domestic problems, unstable/dysfunctional family;
Brooding, depressed strange behavior, "time bomb ready to go off."
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.
Procedures for Dealing with Acts of Workplace Violence. When a violent act occurs in the workplace: If a violent act or altercation constitutes an emergency, call 9-1-1 or the local police department. In instances that are not emergency situations, contact your Department Head or the designated human resources official. If possible, separate the parties involved in the violent altercation. If the parties cannot be separated, or if it would be too dangerous for the employee to separate the parties, call 9-1-1 or the local police department, and contact your Department Head or the designated human resources official. The Department Head will contact the designated human resource officer, who will take responsibility for coordinating a response to the incident.
In instances that involve criminal situations, the designated human resources official will contact the appropriate local police department for assessment, and if necessary, a criminal investigation.
Employee Reporting Obligations and Procedure. Each employee and every person on Employer property is encouraged to report incidents or threats or acts of physical violence of which he or she is aware. In cases where the reporting individual is not an employee, the report should be made to the local police department. In cases where the reporting individual is an employee, the report should be made to the employee's Department Head or the designated human resources official. Each Department Head shall promptly refer any such incident to the designated human resources official.
The Employer will promptly and thoroughly investigate all reports of threats of (or actual) violence and/or suspicious individuals or activities. Any individual determined to be responsible for conduct in violation of this policy will be subjected to disciplinary action up to and including termination of employment, arrest and prosecution.
Nothing in the policy alters any other reporting obligation established in the Employer's policies or in state, federal or other applicable law.
Confidentiality and Retaliation. This policy prohibits retaliation against any employee who, in good faith, reports a violation of this policy. Every effort to the extent practicable will be made to protect the safety and identity of anyone who comes forward with concerns about a threat or act of violence. Employees shall refer any questions regarding his or her rights and obligations under the policy to the designated human resources official.