A.D. 4.80 Violence in the Workplace.pdf

CITY OF SAN ANTONIO Administrative Directive 4.80 Violence in the Workplace Procedural Guidelines Guidance on how to address violence or threatening...

CITY OF SAN ANTONIO Administrative Directive 4.80 Violence in the Workplace Procedural Guidelines Guidance on how to address violence or threatening behavior in the workplace Department/Division HR, Office of Municipal Integrity October 1, 2006; May 18, 2014; February 28, 2022; Revision Date(s) May 10, 2023 Last Reviewed May 10, 2023 Project Manager HR, Office of Municipal Integrity Purpose The purpose of this administrative directive is to provide guidance to departments, managers and supervisors on how to address violent or threatening behavior in the workplace. This directive also states the City’s policy prohibiting violence, or threats of violence, and unauthorized possession of weapons in the workplace and reporting procedures for the safety of our employees, citizens and customers. Policy The City of San Antonio (City) is committed to maintaining a workplace that is free from hostility, violence and threats of violence. The City has a zero tolerance policy for workplace violence, to include domestic violence and, as such, will investigate every report of alleged workplace violence. This includes inappropriate humor because intent may not always be known or understood by others. The City will not tolerate hostile acts, violent or threatening behavior or verbal or physical threats in the workplace or on City property. This administrative directive applies to all employees including civil service, non-civil service, and uniformed personnel. The City will not tolerate retaliation against an employee who reports workplace violence or the threat of violence or who reports the possession of a weapon by an employee. Policy Applies To External & Internal Applicants Temporary Employees Full-Time Employees Volunteers Part-Time Employees Grant-Funded Employees Paid and Unpaid Interns Police and Fire Academy Trainees Uniformed Employees Under Collective Bargaining Agreements Definitions Protective An order by a court that specifies or restricts the behavior of an individual. Court orders may be issued /Restraining in matters involving domestic violence, stalking or harassment, among other types of protective orders, Order including temporary restraining orders. Inappropriate Alleged jokes or humorous statements that make explicit or implicit references to violence directed at an Humor individual, group of individuals, or property. This conduct is prohibited. A belief based on objective facts sufficient to lead an individual to reasonably believe or conclude that a Reasonable particular employee may be engaging in violent or threatening conduct or behavior or is in possession of Suspicion a weapon in violation of the law or city policy.  A negative action taken against an individual who engages in activities protected by this administrative Retaliation directive. Protected activities include, but are not limited to, making a report and giving a statement as a witness in an investigation under this administrative directive. Includes, but is not limited to, an employee who oversees the work direction, work schedule, discipline, Supervisor training, and evaluation of another employee. Examples include executives, managers, crew leaders, and project leaders. Verbal or physical conduct sufficiently severe, offensive or intimidating that may be reasonably construed to be hostile in nature, including, but not limited to: Violent physical actions Direct or implied threats to do harm to a person or to property, including the intimidating use of one’s body or physical objects Verbally or physically abusive or intimidating language or gestures Violent and/or Threatening, abusive, or harassing communication (for example, phone calls, text messages, letters, Threatening memoranda, faxes, e-mail, voice mail messages or social media posts) Behavior Unauthorized possession of a weapon in the workplace (note that a License to Carry does not exempt an employee from bringing a handgun or any other weapon into the workplace) Destructive or sabotaging actions against City or personal property Engaging in a pattern of unwanted or intrusive behavior against another (for example, bullying, stalking, spying, etc.) Violation of a court order Any item that may be used to threaten or commit violence, including but not limited to those items listed Weapon in §46.01 of the Texas Penal Code, a copy of which is attached to this administrative directive. Buildings and property owned or controlled by the City of San Antonio such as city vehicles, other Workplace/ assigned work locations, off-site training locations, locations in which the employee is representing the Worksite City (such as during conferences, workshops, residential community meetings), or any issues stemming from the workplace. Employee Human Resources staff within or assigned to a department. Relations Staff No threatening behavior is acceptable and no violent incident will be ignored. City policy requires Zero Tolerance action on all reports of violence, without exception. Policy Guidelines 2 1. Employees are prohibited from engaging in violent or threatening behavior. 2. Employees who have actual knowledge of, witness, or reasonably perceive any form of violent or threatening behavior or possession of a weapon in the workplace or on City property, must report such behavior as soon as possible, but in no case later than the close of their business day on the day of such actual or perceived knowledge, to a supervisor, Employee Relations Staff, the Human Resources Department, or 911 should an imminent threat of serious bodily injury or loss of life exist. Employees shall make such report(s) regardless of who commits the act or engages in the conduct or behavior, including a City employee, a contracted employee, a person representing the City, or a member of the public. If there is uncertainty as to whether an act constitutes violent or threatening behavior, the concerned individuals shall discuss the matter with their supervisor, with the department’s assigned Employee Relations Staff or with the Human Resources Department. The Human Resources Department will conduct prompt and thorough investigation in response to an identified concern. 3. In all cases where a credible threat of violent or threatening behavior is directed at an employee, citizens, or customers, the City, in conjunction with the appropriate law enforcement agency, may take appropriate legal action or other steps necessary to help protect the individuals. 4. An employee’s personal belongings located on City property may be searched with the employee’s consent if the supervisor, in coordination with the Employee Relations Staff, feels there is a reasonable suspicion that the employee is in possession of an item prohibited by this directive. The police department may be called as necessary to take appropriate action if an employee refuses to consent to a search. The employment of any individual who refuses to allow a search may be terminated. 5. Full cooperation by all employees or persons having contact with employees is required for the City to maximize the safety and security of its employees, customers, and citizens. Roles & Responsibilities 1. All perceived threats, including remarks alleged to be inappropriate humor, will be taken seriously and investigated. Disciplinary action, up to and including termination, will be taken for employees engaging in this type of behavior. 2. Employees will provide necessary information to the Employee Relations Staff. 3. Employees may report the existence of any protective/restraining order they have sought or been issued Employees that prohibits any person from approaching the employee. Employees must report if they have a protective/restraining order filed against them. These should be reported to the employee’s HR department representative. This information will allow departments to make appropriate arrangements to help protect all employees in the workplace. 4. Employees shall cooperate with the investigation process through to completion, by answering questions, furnishing written statements, volunteering information important to the investigation, etc. Failure to do so will subject the employee to disciplinary action, up to and including termination. 1. The Human Resources Department will distribute an Employee Acknowledgment Form to employees at the time of in-processing (See Attachment A) and file signed forms in the employee’s personnel File. Human Resources 2. The Human Resources Department will provide training on this administrative directive 3. The Human Resources Department will conduct a prompt and thorough investigation of all allegations of workplace violence involving all employees, except uniform police personnel, which allegations shall be investigated by Internal Affairs, and issue a report of findings as soon as possible. 3  1. Departments are responsible for ensuring employee compliance with this administrative directive. 2. Supervisors will monitor the workplace and immediately intervene and report to the Employee Relations Staff any suspected behavior or possession of a weapon or handgun even if the employee or person engaged in the conduct is not their subordinate, or they have not received a complaint. 3. Supervisors will observe and counsel employees whose behavioral patterns change or exhibit potential or violent or threatening behavior. Observations are to be documented and retained within the departmental employee field files. Supervisors will consult and inform their Employee Relations Staff or the Human Resources Department. Supervisors 4. Supervisors will monitor the workplace to ensure employees do not experience retaliation for reporting allegations of workplace violence or for participating in an investigation. 5. Department Directors will ensure that staff members are informed that the city's policy on workplace violence is zero tolerance and that all perceived violent or threatening behavior including abusive, aggressive, or disruptive behavior in any form will be investigated and will not be tolerated in the workplace. 6. The person responsible for each City facility will ensure that signs in English and Spanish are posted and maintained notifying employees and the public that carrying weapons on City property and worksites is prohibited. The signs will also give notice that in accordance with the concealed handgun law, the carrying of a concealed weapon in any City worksite is prohibited. 4 Disciplinary Actions Department Directors, in consultation with the Human Resources Department, will take appropriate disciplinary action, up to and including termination, in response to substantiated employee involvement in violent or threatening behavior. Appropriate action will include discipline: When an employee engages in violent workplace behavior When an employee engages in inappropriate humor When an employee fails to promptly report violent workplace behavior or potential behavior When an employee engages in violent or threatening behavior on duty or engages in such conduct off duty as a result of a work related issue When an employee is illegally or in violation of city policy in possession of a weapon or concealed handgun in the workplace When an employee violates any provision of this administrative directive All disciplinary actions should be coordinated with the assigned Employee Relations Staff or the Human Resources Department. This directive supersedes all previous correspondence on this subject. Information and/or clarification may be obtained by contacting the Office of Municipal Integrity. 5  CITY OF SAN ANTONIO EMPLOYEE ACKNOWLEDGMENT FORM FOR ADMINISTRATIVE DIRECTIVE 4.80 VIOLENCE IN THE WORKPLACE Employee: I acknowledge that on _______________, 20____, I received a copy of Administrative Directive 4.80, Violence in the Workplace. I understand if I should have any questions I should contact my Human Resources Representative. ______________________________ ______________________________ Employee Name (Print) Department ______________________________ ______________________________ Employee Signature Employee SAP ID Number Attachment A Personnel File (original) 6