Sect3IIViolence.docx

CITY OF NAPLES PERSONNEL POLICIES & PROCEDURES MANUAL Section No.: 3-II SUBJECT: EMPLOYMENT ISSUES: WORKPLACE VIOLENCE Revision Date: 7/1/08 Effective Date: 06/01/95 POLICY: The City of Naples shall comply with federal and state laws as well as established City and departme...

CITY OF NAPLES PERSONNEL POLICIES & PROCEDURES MANUAL Section No.: 3-II SUBJECT: EMPLOYMENT ISSUES: WORKPLACE VIOLENCE Revision Date: 7/1/08 Effective Date: 06/01/95 POLICY: The City of Naples shall comply with federal and state laws as well as established City and department policies regarding employment practices and procedures. The City of Naples is committed to preventing workplace violence and to maintain a safe working environment that is free from behaviors that could be threatening, harassing, abusive, disorderly, or disruptive; or behaviors that create a threatening climate involving fear, hostility or intimidation, including any behavior that could in any way lead to violent activity, will not be tolerated regardless of the reason. Proactive measures will be taken to minimize the potential for violent acts. Each and every act or threat of violence will result in an immediate and firm response that could result in disciplinary action up to and including termination. WORKPLACE VIOLENCE: It is the shared obligation of management, employees, law enforcement agencies, and employee organizations to individually and jointly act to prevent or defuse actual or implied violent behavior at work. Additionally, the City of Naples will provide a coordinated effort to manage critical workplace violence incidents. This includes but is not limited to a quick and thorough investigation and response to reports or incidents of threats, attempts, or actions of violence against an employee that were carried out or believed to have been carried out in the workplace by an employee against another employee or citizen. Violence, attempted violence, or the threat of violence, by any employee against another City of Naples employee or citizen during working hours is unacceptable and in violation of City policies. Any such action may subject the employee to possible criminal charges by the victim through the appropriate law enforcement agency. Additionally, any employee who is involved in such activity will be subject to serious disciplinary action up to and including termination. The City intends to fully cooperate with law enforcement personnel to assist in the prosecution of any person in or outside the organization who commits violent acts against an employee in the workplace or during working hours. The possession, use, or threat of use, of a weapon, including firearms, is not permitted at work, on City property, or in a City vehicle, unless such possession or use of a weapon is a necessary and management approved job requirement. Exception: In accordance with State Statute 790.251, a person may possess a legally owned firearm only when such firearm is lawfully possessed and locked inside a private motor vehicle in a city parking lot when the person is lawfully in such area. Statutory provisions and guidelines will be strictly followed. Employees who do not comply with the provisions of this policy and/or the statute could receive disciplinary action, up to and including termination. WORKPLACE VIOLENCE OPERATING PROCEDURES The following procedures should be used as a general guideline in the event of workplace violence. If you encounter a potentially violent or dangerous situation as a supervisor, you should always consider your personal safety and the safety of other employees and citizens first! If there is any possibility of harm, injury or death, seek safety immediately and call 9-1-1 for assistance! DIRECTOR AND SUPERVISOR ACTION: EMERGENCIES: (Current or potentially dangerous situations where harm, injury or death to an employee or citizen is occurring or is imminent. This situation includes stalking.) Call 9-1-1 and involve law enforcement personnel immediately! Do not attempt to intervene or resolve the situation. Cooperate with law enforcement as requested. Notify the employees involved that they are being placed on immediate leave with pay pending completion of an investigation, or a pre- disciplinary hearing (if warranted). Advise the employees to immediately leave the work area. (It may be necessary to escort employees to their locker to retrieve personal belongings, and then to their vehicle until he or she leaves the premises.) Contact your department director and the Human Resources Director as soon as possible to report the incident. Investigate the incident immediately including interviewing all witnesses and obtaining signed witness statements. Prepare your own documentation as to what you witnessed, what action you took, and the consequence(s). Advise all employee witnesses that an internal investigation may also be conducted and that they should not discuss the incident with anyone else other than law-enforcement personnel, if required. Notify the employee witness that failure to comply may result in disciplinary against him or her, up to and including termination. INCIDENTS: (Non-Life Threatening verbal or physical altercations) Consider your personal safety and the safety of other employees and citizens. If there is potential for danger treat the situation as an emergency and call 9-1-1 for law enforcement for assistance. Immediately separate the parties involved. Seek assistance from others in separating the parties involved whenever possible. Notify these employees that they are being placed on immediate leave with pay pending completion of an investigation. Advise the employee to immediately leave the work area. (It may be necessary to escort employees to their locker to retrieve personal belongings, and then to his or her vehicle until he or she leaves the premises.) Investigate the incident immediately including interviewing all witnesses and obtaining signed witness statements. Prepare your own documentation as to what you witnessed, what action you took, and the consequence(s). THREATS: (Threats of harm or injury at a future date or time) Report any threats against an employee or citizen to your director or the Human Resources Director immediately. If the threat was against another employee who was not present at the time, notify your director, the Human Resources Director, and the employee immediately. Interview all other witnesses and obtain signed witness statements. ADDITIONAL NOTIFICATION & DOCUMENTATION: All incidents of workplace violence require supervisors to: Report the incident to your department director and the Human Resources Director immediately. Document the incident and any injuries as required under City procedures (e.g. Personal Injury, Disciplinary Action, etc.) Advise all employee witnesses that an investigation will ensue, that they should not discuss the incident with anyone other than law enforcement personnel, if required, and that failure to comply with this directive may result in disciplinary action against that employee witness, up to and including termination. HUMAN RESOURCES DIRECTOR ACTION: The Human Resources Director or designee shall coordinate with the appropriate department directors in addressing any incidents or reports of workplace violence. Additionally, the Human Resources Director will ensure that all resources such as the Employee Assistance Program (EAP) and necessary personnel such as the City Manager and City Attorney, if necessary, are immediately notified of any workplace incidents. DISCIPLINARY ACTION: It is the City's intent to administer disciplinary action up to and including termination to employees involved in any act, attempted act, or threat of any violence. The department director and the Human Resources Director must approve disciplinary action involving workplace violence incidents. Employees who incite or participate in any acts of workplace violence may also face criminal charges as a result of their actions. Additionally, any employee who is not truthful or factual in his or her testimony during internal or external questioning or investigation, or who was directed not to discuss the workplace violence incident and does discuss it, may also be subject to disciplinary action, up to and including termination. (NOTE: Consult the "Discipline" section of this manual for additional disciplinary information and procedures.)