CITY OF LODI

                            ADMINISTRATIVE POLICY AND PROCEDURE MANUAL

 

 

 

 

 

SUBJECT:                                           :           VIOLENCE IN THE WORKPLACE - Policy

 

DATE ISSUED:                                   :           January 2, 1998

 

SECTION:                                           :           V

 

REFERENCE:                                     :           California Occupational Safety and Health Act of 1973: California Labor Code §§ 6300 et seq.; California Department of Industrial Relations, “Guidelines for Workplace Security”; California Code of Regulations § 3203; California Workplace Violence Safety Act of 1994.

 

 

 

SECTION 1:                                        PURPOSE

 

                                                            To ensure a business environment safe from the threats and acts of violence towards City employees, the citizens of Lodi, and persons who conduct business with or receive services from the City of Lodi.

 

 

SECTION 2:                                        ZERO TOLERANCE

 

                                                            The City of Lodi is concerned about the safety and security of its employees and the citizens of the community.  The City of Lodi 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, threats or acts of physical violence, including intimidation, harassment, and /or coercion which involve or affect the City of Lodi or which occur on City property will not be tolerated.

 

 

SECTION 3:                                        THREATS OR ACTS OF VIOLENCE

 

                                                            “Threats or acts of violence” include conduct against persons or property that is sufficiently severe, offensive, or intimidating to alter employment conditions, or to cause a reasonable person to feel threatened or perceive a hostile, abusive, or intimidating work environment.

                                                            General examples of prohibited workplace violence include, but are not limited to, the following:

 

1.                  All threats or acts of violence occurring on City property, regardless of the relationship between the City and the parties involved in the incident.

2.                  All threats or acts of violence not occurring on City property but involving someone who is acting in the capacity of a representative of the City.

3.                  All threats or acts of violence not occurring on City property involving an employee of the City, if the threats or acts of violence affect the legitimate interest of the City.

4.                  Any threats or acts resulting in the conviction of an employee or agent of the City, or of an individual performing service on the City’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 City.

 

                                                            Specific examples of conduct that may be considered “threats or acts of violence” prohibited under this policy shall include, but are not limited to the following:

 

1.                  Hitting or shoving an individual.

2.                  Threatening to harm an individual or his/her family, friends, associates, or their property.

3.                  The intentional destruction or threat of destruction of property owned, operated, or controlled by the City.

4.                  Making harassing or threatening telephone calls, letters or other forms of written or electronic communications.

5.                  Intimidating or attempting to coerce an employee to do wrongful acts that would affect the business interest of the City.

6.                  Harassing surveillance, also known as “stalking,” the willful, malicious and repeated following of another person, or making a credible threat with intent to place the other person in reasonable fear of his/her safety.

7.                  Making a suggestion otherwise intimating that an act to injure persons or property is “appropriate,” without regard to the location where such suggestion or intimation occurs.

8.                  Carrying weapons in a personal or City vehicle or on their person while in a duty status or on City property (on or off duty).  Weapons are defined as all firearms and weapons that are illegal under California Penal code §12020, including but not limited to guns, nunchaku, brass knuckles, billy clubs, and switchblade knives.

 

 

 

                                                            While Public Safety employees of the City 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, it is the City’s policy that such employees are to use them only in accordance with departmental operating procedures and all applicable State and Federal laws.

 

 

SECTION 4:                                        APPLICABILITY

 

                                                            The City of Lodi’s prohibition against threats and acts of violence applies to all persons involved in the City’s operations, including but not limited to City employees, former employees, contractors, temporary and/or part-time workers, vendors, consultants, and persons receiving City services.

 

 

SECTION 5:                                        CONSEQUENCES

 

                                                            Violations of this policy by City employees may result in disciplinary action up to and including termination.  Violations of this policy by those performing a service on the City’s behalf on a contract or temporary basis will result in the termination of such contract. 

 

                                                            Threats or acts of violence will be reported to the Lodi Police Department and the appropriate regulatory agency.  Threats or acts of violence will be pursued to the fullest extent of the law.

 

 

SECTION 6:                                        REPORTING

 

                                                            All City employees, citizens and persons conducting business with or receiving services from the City of Lodi are encouraged to report incidents of threats or acts of physical violence of which they are aware.

 

                                                            In cases where the reporting individual is not a City employee, the report should be made to the City of Lodi Police Department.

 

                                                            In cases where the reporting individual is a City employee, the employee must report threats or acts of violence to his/her immediate supervisor or to a management level supervisory employee if the immediate supervisor is not available, or to the police department in the case of immediate serious threat or the commission of a crime. The supervisor or management employee will immediately report the incident to the Human Resources Director or his/her designee.

                                                            Except for reports directly to the police department, all reports shall be documented on the appropriate form designated by the Human Resources Director.

 

                                                            Even without an actual threat, employees should report any behavior they have witnessed which they regard as threatening or violent, when that behavior is job related or might be carried out on a City-controlled site, or is connected to City employment. Employees are responsible for making this report regardless of the relationship between the individual who initiated the threat or threatening behavior and the person or persons who were threatened or were the object of the threatening behavior.

 

                                                            The Human Resources Department will take the appropriate and necessary steps or actions to remedy the incident reported and its causes.