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Page 1 of 27 ADMINISTRATIVE ORDER NO. 90 Administrative Order #88 repealed previous Administrative Orders concerning various personnel-related matters. Administrative Order #88 also created Human Resource Policies concerning various GENERAL issues. Administrative Order #89 created Human Resources Policies concerning COMPENSATION AND BENEFITS issues. This Administrative Order creates the following Human Resources Policies concerning EMPLOYMENT issues: Drugs and Alcohol Employment Anti-Discrimination Practices Policy Gifts and Endorsements Mutual Respect and Sexual Harassment Policy No Smoking in City Owned Buildings Political Activity Workplace Violence Policy A copy of each of the policies and related forms is attached and hereby made a part thereof. Dated this 28th day of December, 2004. -ss-. KRISTOFF T. BAUER CITY ADMINISTRATOR ---PAGE BREAK--- Page 2 of 27 Drugs and Alcohol This policy supersedes all previous policies and/or handbooks published by the City of Billings. Negotiated labor contracts that conflict with this policy will take precedence to the applicable extent. Purpose The City of Billings is committed to providing and maintaining a safe, healthy, and productive working environment for all of its employees and the residents of the community. Substance abuse increases the potential for accidents, absenteeism, substandard performance, and poor employee morale. Impaired judgment of City employees may have serious financial consequences for the city through increased safety risk, potential accident liabilities, increased Worker's Compensation liabilities, and potential faulty decision-making. Substance abuse undermines the City's mission to provide the community with an excellent quality of life through leadership, communication and delivery of service which are responsive to resident’s needs, cost effective, and oriented to the future. Definitions Controlled Substance: Means a controlled substance in Schedules I through V of section 202 of the Controlled Substance Act (21 U.S.C. § 812), and as further defined by regulation at 21 C.F.R. 1300.11 through 1300.15. Conviction: Means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of federal or state criminal drug statutes. Duty: Means the status and time of a person who is assigned to work or time an employee is scheduled to report to work. Any time the employee is not fully and completely released from work. Work Place: Means the site for the performance of any city work. Worksite includes City vehicles and private vehicles while being used by employees in the performance of their duties. ---PAGE BREAK--- Page 3 of 27 Policy All employees of the City are prohibited from: • Using, consuming, distributing, or possessing alcoholic beverages or illegal drugs while on duty or reporting for duty while under the influence of alcoholic beverages or illegal drugs. • Use of, consumption of, distribution of, or possession of alcoholic beverages and illegal drugs by employees are prohibited in City worksites and at all times whether on duty or off duty. The term “worksite” includes City vehicles and private vehicles while being used by employees in the performance of their duties. • Use, distribution, dispensation, possession, manufacture, or sale of (illegal drugs) while off duty which adversely affects the employee's work performance, the safety of the employee or others at work, or the City's regard or reputation in the community. This includes reporting to duty while under the influence of illegal drugs. • Use of alcohol off duty that adversely affects the employee's work performance, the safety of the employee or others at work, or the City's regard or reputation in the community. This includes reporting to duty while under the influence of alcohol. Any employee violating this policy will be subject to discipline up to and including discharge. Any employee who is disciplined under this policy will be referred to a drug/alcohol abuse assistance or rehabilitation program. For further information pertaining to being referred and testing, see the Drug and Alcohol Testing: For Cause/Reasonable Suspicion Testing policy. Employees who possess Commercial Driver’s Licenses are subject to pre- employment, random, reasonable suspicion and return to duty drug and/or alcohol testing (see the Commercial Driver’s License policy). Procedure Human Resources shall be notified of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after a conviction. ---PAGE BREAK--- Page 4 of 27 If the employee’s division or department receives federal grant funds, the Division or Department Head shall determine if the federal agency needs to be informed. All City employees shall cooperate in the City’s investigation of substance use and abuse. ---PAGE BREAK--- Page 5 of 27 Employment Anti-Discrimination Practices This policy supersedes all previous policies and/or handbooks published by the City of Billings. Negotiated labor contracts that conflict with this policy will take precedence to the applicable extent. Purpose The City of Billings believes that equal opportunity in employment is a moral and legal obligation. The City of Billings is committed to providing equal opportunity for women, minorities, veterans, and persons with disabilities in employment. The City of Billings is further committed to upholding the multiple federal and state laws that prohibit discrimination on the basis of race, sex, age, religion, national origin, marital status, color, creed, disability (physical and mental), political beliefs, and veteran status. Policy It is the policy of the City of Billings to recruit and select persons for appointment and employment, and to train, advance, promote, and transfer such persons on the basis of individual capability, potential, or contribution to the programs and goals of the City. Each department head, supervisor and employee of the City of Billings is responsible for conducting appointment and employment activities in support of and in compliance with this policy. The City of Billings respects, supports, and observes the laws, directives and regulations of the state and federal government that prohibit discrimination. A climate of equal opportunity that nurtures and supports the fullest contributions of each employee is essential “to provide our community with an excellent quality of life by delivering cost effective public service.” Creating and sustaining this climate is the responsibility of all who work for the City. Leadership is expected to reinforce these principles. Human Resources is responsible for assembling employment and enrollment data and implementing new diversity efforts. Human Resources, in coordination with others, may investigate individual complaints and concerns. ---PAGE BREAK--- Page 6 of 27 This policy is related to all phases of employment including but not limited to: recruitment, selection, testing, employment, placement, layoff, promotion, demotion, transfers, discipline, termination, pay rates, and training. This policy does not preclude discrimination based on bona fide occupational qualifications or other recognized exceptions under the law. The City of Billings also believes in making reasonable accommodations as needed to enable qualified disabled employees and applicants to satisfactorily perform the essential duties of City jobs, except where the accommodations would impose an undue hardship on the City. All applicants for employment with the City of Billings will be recruited from the reasonable labor market and evaluated on each person’s individual qualifications and abilities. All City of Billings employees shall be afforded equal employment opportunities during their terms of employment and are guaranteed protection against retaliation for exercising any legal or administrative procedures to secure rights to equal employment opportunities or testifying on behalf of someone else doing so. All supervisory personnel are responsible for, and shall be committed to, achieving and promoting equal employment opportunity with the City of Billings. This policy also relates to the use of all facilities and participation in all City- sponsored employee activities. It is the responsibility of each supervisor of the City to ensure affirmative implementation of this policy so as to avoid any discrimination in employment practices. In addition, each employee has a responsibility not to discriminate and to report instances of discrimination by others. If an employee believes he/she is being subjected to any of these forms of harassment, he/she must bring this to the attention of the immediate supervisor or other functionally related management person or Human Resources. The very nature of harassment makes it impossible to detect unless the person being harassed registers his/her discontent and/or reports the offensive conduct. For additional information see the Mutual Respect and Sexual Harassment policy. Discrimination Complaint Process If a City employee or other individual believes he/she has been discriminated against on the basis of race, creed, national origin, color, sex, religion, physical or mental disability, marital status or age, the individual may take action submitting the complaint to Human Resources. ---PAGE BREAK--- Page 7 of 27 The complaint may also be submitted to any of the following levels: 1. Immediate Supervisor and/or Superintendent and/or Division Head 2. Department Head 3. Human Resources 4. City Administrator 5. State of Montana Human Rights Commission within 180 calendar days of the alleged action or incident. Complete confidentiality may be requested and will be complied with to the extent legally possible. An individual is encouraged to first discuss their complaint with their immediate supervisor or Division/Department Head, in an effort to settle the issue at the lowest possible level. Discussions should occur within 10 days of the incident. If the complaint is not resolved at the Departmental level, a written complaint (see attached form) shall be filed with Human Resources within 30 days of the incident. Human Resources will investigate, with the goal of concluding the investigation within 45 days of the receipt of the complaint. If the City of Billings cannot resolve the complaint, then the complainant shall be notified of all appeal rights. Should the complainant decide not to pursue the complaint, a signed withdrawal statement shall be obtained. ---PAGE BREAK--- Page 8 of 27 CITY OF BILLINGS DISCRIMINATION / HARASSMENT COMPLAINT AND INVESTIGATION FORM TO BE COMPLETED BY COMPLAINANT: LAST NAME FIRST NAME MIDDLE NAME ADDRESS CITY STATE ZIP WORK PHONE HOME PHONE POSITION: DEPARTMENT: BASIS OF COMPLAINT (Check appropriate box(es)): Race Color National Origin Sex Age Disability Creed Religion Marital Status DETAILED STATEMENT OF THE COMPLAINT: March 2004 For Office Use Only ---PAGE BREAK--- Page 9 of 27 DETAILED STATEMENT OF THE COMPLAINT (continued): INVESTIGATION PROCESS: Witnesses (Use additional sheets if necessary): Name: Home Phone: Work Phone: Address: City State Zip ---PAGE BREAK--- Page 10 of 27 Gifts and Endorsements This policy supersedes all previous policies and/or handbooks published by the City of Billings. Negotiated labor contracts that conflict with this policy will take precedence to the applicable extent. Purpose The City of Billings believes that the employees are committed to having our entire professional and business dealings adhere to the highest ethical standards. The conduct of the City will always reflect our commitment to quality, fairness, honesty, and service. The City will seek to avoid any actions that violate, or that may appear to violate, those standards and values. Policy City of Billings ORDINANCE NO. 02-5217, governs the subject of gifts and favors. In summary it outlines that: • No employee shall accept any gift, whether in the form of money, thing, favor, loan or promise, that is offered to influence an official decision or to prejudice an official opinion or action. • No employee shall accept a cash gift for any reason. • Except as provided above, an employee may accept a gift or favor of food, merchandise or services whose cash value is less than fifty ($50.00) dollars. In addition, residents may ask employees to recommend or endorse certain products or companies as a solution to various problems. City employees are prohibited from endorsing any such products or companies. However, employees may respond to specific inquiries regarding products or services. Violation of this policy may result in disciplinary, criminal or civil sanctions. Procedure A copy of the City of Billings Code of Ethics can be obtained via the intranet or by contacting Human Resources. Avoid both actual and potential conflicts between his or her private self-interest and the public interest. ---PAGE BREAK--- Page 11 of 27 Mutual Respect and Sexual Harassment This policy supersedes all previous policies and/or handbooks published by the City of Billings. Negotiated labor contracts that conflict with this policy will take precedence to the applicable extent. Purpose Mutual respect, consideration and courtesy are expected of everyone employed by the City of Billings. City employees have the right to pursue their careers free from all forms of discrimination and conduct which can be considered harassing, coercive, or disruptive, including sexual harassment. Sexual harassment, for purposes of this policy, includes any gender-based harassment. This policy communicates the City of Billings’ position on sexual harassment and its expectations for appropriate behavior. This policy applies to and prohibits sexual harassment by everyone who works for the City of Billings, including administration, supervisors, and all full-time, part-time and temporary employees, as well as vendors and any other individual with whom employees come in contact with while on the job. It is the responsibility of all employees and management who believe they have been harassed to report such behavior so that the behavior can be investigated and appropriate action taken. The City of Billings intends to maintain an environment for employees that is free from sexual harassment and intimidation. The City of Billings recognizes that sexual harassment undermines morale and interferes with the productivity of individuals and their co-workers. Such conduct will not be tolerated. Policy Federal and state law prohibits sexual harassment. Such harassment includes unwelcome sexual advances; requests for sexual favors; sexually-motivated physical contact; verbal, written and electronic communications; and visual and physical conduct of a sexual or gender-based nature when submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment, submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting an individual, or such conduct is intended to or does interfere ---PAGE BREAK--- Page 12 of 27 with an individual's work performance or creates an intimidating, hostile, or offensive work environment. Sexual harassment may also take more subtle forms. Examples include stereotyped assumptions about the roles of men and women in the work force, or gender based jokes or rumors. It is important that employees, supervisors and managers be sensitive to overtones of harassment and deal with these situations appropriately. Disrespectful behavior of any kind, sexual or any other form, ranging from inappropriate humor and subtle hints to overt acts, threats, or physical contacts, will not be tolerated. City of Billings employees have an affirmative duty to report to their appropriate supervisor or department head any complaint of a lack of mutual respect, or any sexual harassment that is brought to their attention. Human Resources can also be contacted to report such incidents. To foster an environment of mutual respect, the following guidance is provided: 1. Develop an understanding for different cultures and other personal differences 2. Refrain from arguing or inciting co-workers and/or customers 3. Avoid: insults put-downs bullying trash talk threats making fun of others other acts of discourtesy or disrespect 4. Refrain from spreading gossip and innuendo ---PAGE BREAK--- Page 13 of 27 Procedure Informal Resolution Sexual conduct is considered harassment when it is "unwelcome." An inquiry into an allegation of sexual harassment often involves an assessment of whether the recipient made it known that the conduct was unwelcome. Direct attempt at resolution is encouraged; employees subjected to unwelcome sexual conduct should inform the perpetrator, verbally or in writing, that the conduct is considered offensive and must stop. Documentation of the interaction or copies of the correspondence should be kept and copies should be provided to the supervisor when the harassing conduct is reported. If the response of the perpetrator is unsatisfactory, or the employee feels uncomfortable confronting the perpetrator, the employee should initiate the complaint procedure described below. Formal Reporting Employees who believe they have been harassed, have witnessed harassment, or have had incidents of harassment reported to them by co- workers should report these matters to their immediate supervisor or other functionally related management personnel. If the employee is uncomfortable reporting the issue to the supervisor, then the employee may take the concern directly to the appropriate supervisor in his/her chain of command. The employee may also call Human Resources for assistance. Human Resources, working collaboratively with the employee’s chain of command, will investigate allegations of sexual harassment. Corrective action will be taken when appropriate. Every effort will be made to resolve allegations of sexual harassment within a reasonable period of time. It is recommended that the investigation be conducted and recommendations for action be developed in 10 working days. The length of an investigation may vary depending upon the nature and scope of the behavior. Investigation The investigation will be conducted under the direction of management responsible for monitoring the performance and behavior of the individual accused of harassment. Upon notification, a representative from Human Resources will: • Conduct an initial interview with the complainant. Information regarding the nature, scope, and extent of the harassment and any potential witnesses will be documented. ---PAGE BREAK--- Page 14 of 27 • Decide if action is necessary to protect the safety of the complainant. Such action may include, but is not limited to, change in work schedule or location, personal security arrangements for the complainant, or temporary suspension (with pay pending the outcome of the investigation) of the individual against whom the allegations have been made. • Interview any additional witnesses identified by the complainant to gather pertinent information. • Meet with the alleged harasser and review the charges brought forward, the policy regarding harassment, the nature of the investigation, and any current action being taken. • Interview any additional witnesses identified by the alleged harasser. • Ensure that the confidences of all individuals involved in the incident are respected to the extent possible while ensuring a thorough investigation. Action All information gathered from the investigation will be reviewed with the appropriate member of management and, if warranted, City Attorney. These individuals will determine action to be taken, which may include, but is not limited to, no disciplinary action, education, an apology, documentation (formal or informal), termination of employment, or other disciplinary action. False Accusations If the investigation establishes that the alleged conduct did not occur, then the complainant must be informed that false sexual harassment claims will not be tolerated and will be addressed by appropriate corrective action. The wrongly accused must be assured that the false charges will not affect the terms or conditions of their employment with the City. Recurrence of Harassment Employees who have had a complaint addressed by this procedure should immediately report subsequent incidents. Retaliation Under no circumstances will retaliation or intimidation of a complainant be tolerated. Individuals who have had a complaint addressed by this procedure or have participated in an investigation shall immediately report any incidents if they are the subject of retaliation or intimidation. ---PAGE BREAK--- Page 15 of 27 Appeal An employee who is not satisfied with the outcome of the investigation and resulting action(s) may appeal the decision(s) using the grievance process, if appropriate. Follow-up A follow-up review will be completed by Human Resources within six months after harassment allegations have been confirmed to ensure the harassment has discontinued and all parties involved are not subjected to retaliatory behaviors. ---PAGE BREAK--- Page 16 of 27 CITY OF BILLINGS HARASSMENT REPORT (Submit to Human Resources) Name: Job Title: Department: Supervisor: STATEMENT: Name(s) of Witnesses: Description of Incident: (Describe in your own words the actions of all involved - attach additional pages if necessary) I understand that Human Resources will conduct an investigation of my report. A report of harassment, its investigation, the outcome of the investigation and any action taken relating to a specific employee is confidential. Dissemination of confidential information shall be limited to persons with a need to know in order to conduct an investigation and take appropriate corrective action. I hereby authorize dissemination of information regarding this report to other persons with a need to know. I acknowledge that I have read and understand the above statements and certify that all information I have provided is true to the best of my knowledge. Employee Signature: Date: Time: Submitted to: Date: Time: March 2004 ---PAGE BREAK--- Page 17 of 27 No Smoking in City Owned Buildings / Vehicles This policy supersedes all previous policies and/or handbooks published by the City of Billings. Negotiated labor contracts that conflict with this policy will take precedence to the applicable extent. Purpose The City of Billings is concerned with the health, safety, and welfare of its employees. Policy Ordinance 99-5084 established a smoke-free environment for all indoor areas of City-owned buildings and in all City-owned vehicles. Any employee who violates this ordinance may be subject to disciplinary action. One posted exception involves a vehicle that is assigned to only one employee. The City Administrator must make all other exceptions. Procedure Do not smoke in City-owned buildings or vehicles, unless a vehicle is assigned to you or approved by the City Administrator. ---PAGE BREAK--- Page 18 of 27 Political Activity This policy supersedes all previous policies and/or handbooks published by the City of Billings. Negotiated labor contracts that conflict with this policy will take precedence to the applicable extent. Purpose The City of Billings believes that City employees must use their time at work to focus on work, not on political activities. Policy Employees may not solicit any money, influence, service, or item of value or promote any political committee or the nomination or election of any person to public office while on the job. This section is not intended to restrict the right of employees to express their personal political views. Procedure Employees should contact their supervisor if they are asked to utilize, work time for political activities. ---PAGE BREAK--- Page 19 of 27 Workplace Violence This policy supersedes all previous policies and/or handbooks published by the City of Billings. Negotiated labor contracts that conflict with this policy will take precedence to the applicable extent. Purpose The City’s goal is to maintain a safe and secure environment for its citizens and employees. The safety and security of City employees is critical. Threats, threatening behavior, acts of violence, or any related conduct, which disrupts an employee’s work performance or the City’s ability to perform services, will not be tolerated. The City of Billings recognizes that family violence, violence at work, and any other violence can affect an employee’s work performance. Policy Definition Violence is defined as the use of physical force, harassment or intimidation, or the abuse of power or authority. • Acts of violence include the use of weapons of any kind and any unwanted physical attack such as hitting, pushing or throwing objects. • Threats of violence include any expression (speech, conduct, writing, etc.) designed to frighten, terrorize, or otherwise place a person in fear of bodily injury. Specific examples of prohibited conduct: • Hitting or shoving an individual. • Intentionally harming or threatening to harm an individual or his/her family, friends, associates, or his/her property through physical means. Threats to harm others if certain events do or do not transpire, as well as threats to immediately and unconditionally harm others. • Intentionally destroying or threatening to destroy property owned, operated or controlled by the City of Billings. • Making harassing or threatening telephone calls; sending harassing or threatening letters or other forms of written or electronic communications. ---PAGE BREAK--- Page 20 of 27 • 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. • Carrying or having weapons on City property (except law enforcement personnel in the line of duty). A weapon is defined as any device that may be used to inflict bodily harm. Examples include but are not limited to: guns, knives, clubs, bombs or any other items designed to inflict injury. (See Weapons policy.) The City of Billings is committed to working with its employees to maintain a work environment free from violence, threats of violence, harassment, intimidation, and other disruptive behavior. All reports of incidents will be taken seriously and will be dealt with appropriately. Such behavior can include oral or written statements, gestures, or expressions that communicate a direct or indirect threat of physical harm. Individuals who commit such acts may be removed from the premises during the investigation period and will be subject to corrective action that may include termination of employment. Procedure The impact of violence, whether it occurs on or off the job, is to control a person by causing pain or fear of pain to the victim or his/her family, friends, associates, or his/her property through physical means. The City acknowledges that human relationships are subject to conflict and that some employees are exposed to violence by the nature of their jobs. The City intends to take positive steps to: 1. Minimize the potential for violence in and around the workplace. 2. Reduce the negative consequences for those employees who experience or encounter violence in their personal or work lives. 3. Foster a work environment of mutual respect and healthy resolution of conflicts. Employees are prohibited from engaging in any act either on City premises or during the performance of work-related duties that threatens the safety, health, life or well-being of an employee and/or a customer. Such acts include, but are not limited to: • threatening, intimidating, coercing, harassing or assaulting an employee or customer ---PAGE BREAK--- Page 21 of 27 • sexually harassing an employee or customer • carrying weapons on City property or possessing a weapon on City property (except law enforcement personnel in the line of duty) • allowing unauthorized persons access to non-public areas of City property without management permission • using, duplicating or possessing keys to City property without authorization • stealing, or attempting to steal, property of the City, an employee or a customer Responsibilities and procedures promulgated in this policy are intended to ensure that: • proactive measures are taken to foster an atmosphere of courtesy, dignity and respect among employees and between employees and citizens • situations conducive to workplace violence are identified and reasonable steps taken to minimize risk to employees and citizens • acts of violence involving employees are reported and investigated • employees who experience violence in the workplace have avenues for resolution and support Responsibilities All employees share in the responsibility to minimize the occurrence and effects of violence. The following responsibilities are minimum guidelines to establish accountability for preventing and dealing with workplace violence: Department Heads, Division Managers, Managers 1. Ensure that the workplace provides for the physical security of employees to minimize the risk of serious injury or death. 2. Establish policies and procedures as necessary to minimize and resolve conflict between employees and customers. ---PAGE BREAK--- Page 22 of 27 3. Establish training requirements for employees designed to prevent and respond to incidents of workplace violence. 4. Participate, as appropriate, in resolution of employee grievances and investigations of reported threats or other incidents of workplace violence. Supervisors 1. Monitor workplace security, customer relations and employee behavior to identify conditions that present significant risk of workplace violence. 2. Enforce City and Department policies and procedures intended to minimize and respond to incidents of workplace violence. 3. Ensure and encourage employee participation in City and Department workplace violence training programs. 4. Facilitate conflict resolution without violence in the workplace. Encourage employee participation in Employee Assistance Programs, as appropriate, to manage personal situations that may lead to violence. All Employees 1. Treat all employees, customers, vendors and all other persons with courtesy, dignity and respect at all times on City premises and during the performance of work- related duties. 2. Report threats and acts of violence experienced or witnessed on City premises to the supervisor and/or to Human Resources. Report other violent conditions, as appropriate, that may affect the workplace, such as restraint orders and domestic threats. 3. Participate in City and Department workplace violence training. 4. Report conditions and behaviors conducive to workplace violence to the supervisor and/or the Human Resources Manager. ---PAGE BREAK--- Page 23 of 27 Human Resources 1. Ensure that training on this policy is available to all employees. 2. Assist department heads, as necessary, in providing training for employees designed to prevent and respond to incidents of workplace violence. 3. Investigate reports of assault, threats, harassment or other violence. Convene a Threat Assessment Team as appropriate. 4. Provide employee assistance to victims of violence. Courtesy and Respect for Others All City employees and all citizens deserve to be treated with dignity and respect. Courteous and respectful treatment is the single best way to avoid incidents of violence in the workplace. (See Mutual Respect and Sexual Harassment policy) Dealing with Tense or Violent Situations The primary objective in any potentially violent situation is to protect yourself from harm. Use de-escalation techniques when you can and withdraw if de- escalation doesn’t work. Do not use force unless you are a sworn police officer acting within the scope of your duties or you are attacked by another individual and cannot escape. Following are examples of de- escalation techniques: If you encounter extreme anger or rage: • remain calm • give the individual ample space • ensure that you have an escape route • try to keep a barrier between you and the individual • maintain direct eye contact when speaking • speak clearly and slowly • don’t talk with your hands ---PAGE BREAK--- Page 24 of 27 • don’t argue or raise your voice • get assistance, if necessary • use a pre-arranged code word to warn others, if you have one If you are confronted or attacked by an individual: • give them any valuables they ask for • if you are attacked: ♦ make as much noise as possible ♦ strike out at vital areas such as eyes, throat, shins, groin ♦ escape as quickly as possible • if the individual has a gun or other weapon: ♦ try to remain calm ♦ don’t try to be a hero ♦ do not act in a confrontational manner ♦ speak slowly and clearly ♦ follow the perpetrator’s instructions exactly, within reason • after a violent incident: ♦ try not to touch anything ♦ notify your supervisor or the police as soon as possible ♦ in the event of rape, do not wash or change clothes until questioned by police and examined by a medical professional ---PAGE BREAK--- Page 25 of 27 Reporting and Investigation Acts of violence by a co-worker must be reported to the supervisory chain, the Department Head, and Human Resources as soon as possible in order to ensure that incidents are investigated and appropriate action is taken. Any employee (including a supervisor or manager) must complete a “Report of Workplace Violence” if they are: • threatened by another employee • a victim of a violent act by another employee • aware of work-related threats or violent acts by another employee Each report will be evaluated and investigated. Report acts of violence by customers or citizens and situations or locations to your supervisor. The supervisor will investigate, involving law enforcement and Human Resources as appropriate, and take necessary action to minimize the potential for violence. Confidentiality Information about an incident or threat will be disclosed on a need-to-know basis only, so that a fair and thorough investigation can be conducted and appropriate action can be taken. The City will take appropriate measures to ensure the safety and privacy of the individuals involved to the fullest extent of the law. Discipline An employee who engages in prohibited conduct will be subject to appropriate disciplinary action as determined by the findings of the investigation (see Corrective Action policy), up to and including termination of employment. In addition, certain actions may cause the employee to be held legally liable under state or federal law. Retaliation Episodes of workplace violence can be eliminated only if employees are willing and able to report threats, violent acts and other unsafe conditions. The City of Billings encourages employees to come forward with such reports and promises to investigate all complaints of retaliation and impose appropriate disciplinary action, up to and including termination. ---PAGE BREAK--- Page 26 of 27 Training and Awareness The City of Billings will provide workplace violence training for all of its employees, including supervisors and managers. These sessions will explain the City’s policy on workplace violence, as well as procedures for reporting and investigating threats, violent acts, and unsafe workplace conditions. In addition, employees will be informed of their responsibilities and of the measures they can take to protect themselves and their co-workers from episodes of workplace violence. The City will make other training available to foster an environment of courtesy, dignity and respect for all persons. Examples of such training include diversity awareness, customer relations, conflict resolution, communication skills, stress management, mutual respect, and handling threats. Participation in Employee Assistance Programs is encouraged for employees who would benefit from individual support. ---PAGE BREAK--- Page 27 of 27 CITY OF BILLINGS REPORT OF WORKPLACE VIOLENCE (Submit to Human Resources) Name: Job Title: Department: Supervisor: STATEMENT: Name(s) of Witnesses: Description of Incident: (Describe in your own words the actions of all involved - attach additional pages if necessary) I understand that Human Resources will conduct an investigation of my report. A report of workplace violence, its investigation, the outcome of the investigation and any action taken relating to a specific employee is confidential. Dissemination of confidential information shall be limited to persons with a need to know in order to conduct an investigation and take appropriate corrective action. I hereby authorize dissemination of information regarding this report to other persons with a need to know. I acknowledge that I have read and understand the above statements and certify that all information I have provided is true to the best of my knowledge. Employee Signature: Date: Time: Submitted to: Date: Time: March 2004