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HomeMy WebLinkAboutArticle 16 Workplace Security ExcerptArticle 16: Workplace Security City of Saratoga Personnel Rules and Policies 54 Approved by the City Council on October 16, 2019 ARTICLE 16. WORKPLACE SECURITY Section 1. Policy The City is committed to providing a safe and secure workplace for employees and the public. The City will not tolerate acts, jokes about, or threats of violence in the workplace. The workplace includes any location where City business is conducted, including vehicles and parking lots. Any violation of this policy will be referred to law enforcement (which may lead to criminal prosecution), and/or disciplinary action, up to and including termination. Section 2. Requirements for Employees a. Employees are prohibited from engaging in, joking about, or promoting acts of intimidation, violence, threats, coercion, assault and/or abusive behavior toward any person while in the course of City employment. The City will not tolerate any conduct that references workplace violence, even if it was intended to be harmless, humorous, a prank, blowing off steam, or venting. b. Employees engaged in City business are prohibited from carrying self-defense weapons in violation of any law or this policy. Employees who have legal authority to carry a self-defense weapon shall notify the department director in writing of what type of weapon is being carried. Employees who have legal authority to carry self-defense weapons violate this policy if they: 1) accidentally discharge or lose their weapon; 2) use, threaten to use, or display the weapon while engaging in City business or while on City property; or 3) violate any law related to carrying a legal self-defense weapon while engaged in City business. c. The security of facilities and the welfare of our employees require that every individual be aware of potential security risks. An employee must immediately notify their supervisor or other manager when a person is acting in a suspicious manner in or around the facilities, when keys or other access devices are lost or misplaced, or when the employee believes the City office or facility is otherwise not secure. An employee must also immediately notify their supervisor or other manager if they are aware of any violent or potentially violent incidents, threats, or concerns of a risk for violence or other disturbance. The employee’s supervisor or other manager must promptly notify the Department Director, City Manager or the Human Resources Division of the employee’s report. d. As part of the requirement to notify the City of security concerns and risks of violence, each employee is required to notify and provide a copy to the Human Resources Division if the employee obtains a Temporary Restraining Order (TRO) or longer-term restraining order (often called an Order after Hearing). The employee is encouraged to provide all supporting documents (such as the Petition and declarations filed in court) and all factual information about the concerns to the Human Resources Division so that the Human Resources Division can assist the employee in improving safety precautions for that employee. e. No profile allows an employer to determine whether an individual will be more prone to workplace violence than another. An employee must immediately report any potential early warning signs or any other unusual behavior to his/her supervisor or department director, per Section 4. Incident Reporting Procedures. Article 16: Workplace Security City of Saratoga Personnel Rules and Policies 55 Approved by the City Council on October 16, 2019 Potential early warning signals may include, but are not limited to, the following: • Direct or veiled verbal or physical threats of harm. • Intimidation of others. • Carrying a concealed weapon. • Paranoid behavior. • Moral righteousness and indignation. • Inability to take criticism of job performance and/or holding a grudge. • Extreme interest in semiautomatic or automatic weapons. • Fascination with incidents of workplace violence. • Obsessive involvement with the job. • Being a loner. • Violence toward inanimate objects. • Theft or sabotage of projects or equipment. • Behavior or communication presented as some sort of dark humor. f. If an employee is faced with aggression from another person, the employee should try to de-escalate the situation whenever the employee can safely do so. Whenever an employee can safely do so, the employee should retreat from the situation and seek assistance from a supervisor, Department Director, or law enforcement rather than responding in a physically confrontational manner. An employee should avoid or minimize conflict, confrontation, and a physical response whenever the employee can safely do so. Section 3. Definitions a. ”Weapons” are defined as firearms, chemical sprays, clubs or batons, and knives, and any other device, tool, chemical agent or implement that can cause bodily harm if used as a weapon or displayed in such a manner to cause harm or threaten a person with harm. b. “Workplace Violence” is any conduct that causes an individual to reasonably fear for his or her personal safety or the safety of his or her family, co-workers, associates, friends, and/or property. Specific examples of workplace violence include, but are not limited to, the following: • Threats or acts of physical harm directed toward an individual or his/her family, friends, co-workers, associates, or property. • The destruction of, or threat of destruction to City property or another employee’s property. • Harassing or threatening phone calls. • Surveillance that is threatening or intimidating. • Stalking. • Possession of offensive or defensive weapons (firearms, illegal knives, clubs, mace, pepper spray, tear gas, etc.). • Any conduct relating to violence, aggression, intimidation, or threats of violence that adversely affects the City’s legitimate business interests. Section 4. Incident Reporting Procedures An employee must immediately report any potential warning signs of workplace violence or any other unusual behavior and workplace violence incidents to his/her supervisor or department director. The supervisor or department director will report the matter to the Human Resources Manager. Article 16: Workplace Security City of Saratoga Personnel Rules and Policies 56 Approved by the City Council on October 16, 2019 An employee is authorized and encouraged to call 911 if the employee feels law enforcement response is needed. The Human Resources Manager, at the authority of the City Manager, will document all reports including reports of any potential warning signs of workplace violence and workplace violence incidents, including the employee names(s), date/time, location, incident description, witness names and statements, description of unidentified parties, description of the act(s) and/or behavior arising from the incident and action(s) taken, and will provide any other relevant information regarding the incident. The Human Resources Manager will take appropriate steps to enhance security, such as: • Placing the employee alleged to have engaged in workplace violence on administrative leave, pending investigation; • Asking any threatening or potentially violent person to leave the site; • Immediately contacting an appropriate law enforcement agency; and/or • Securing the City offices by methods including a temporary lockdown while other precautions are taken. Section 5. Investigation The Human Resources Manager will see that reported violations of this policy are investigated as necessary. Section 6. Management Responsibilities Each department director has authority to enforce this policy by: a. Training supervisors and subordinates about their responsibilities under this policy; b. Assuring that reports of workplace violence are documented accurately and timely; c. Notifying the Human Resources Manager and/or law enforcement authorities of any incidents (including calling 911 if needed); d. Making suggestions of methods to improve safety and security; e. Making reasonable efforts to maintain a safe and secure workplace; and f. Maintaining records and follow up actions related to workplace violence reports. Section 7. Follow up and Disciplinary Procedures An employee found in violation of this policy will be subject to disciplinary action, up to and including termination of employment. The City may also direct that an employee submit to a fitness for duty examination. In addition, employees found in violation of this policy may be investigated by law enforcement which may result in criminal prosecution. The Human Resources Division will review security precautions and policies after an incident or concern to determine whether any changes in security, processes, or policy should be made.