I. Policy Statement

The purpose of this policy is to heighten awareness of workplace violence and to provide rules of conduct and other information and guidance for employees and management, addressing the occurrence of violence in the workplace and its resultant effects. The City of Charlottesville is committed to promoting the health and safety of its employees, and in pursuit of that goal has adopted this policy. Workplace violence, in any form, will not be permitted or condoned by the City. The City is committed to ensuring that reasonable and appropriate security procedures are in place to identify potential problems and to address problems in a quick and efficient manner. The City and its officials and employees will prosecute, to the full extent of the law, acts or threats of violence committed by or against City employees in the workplace.

The procedures and provisions of this policy apply to all employees and other individuals involved in the City's day-to-day operations on Charlottesville City government property, as well as employees and individuals acting as the City's representative or conducting business on behalf of the City while away from City property. The goals and objectives of this policy are: (1) to reduce the potential for violence in the workplace, (2) to encourage and foster a work environment characterized by respect and healthy conflict resolution, and (3) to mitigate the negative consequences for employees who experience or encounter violence in their work lives. All employees have a responsibility to ensure that the City's workplace is as free of violence and the threat of violence as possible.

II. Definitions

"Act or Threat of Violence" means any verbal or physical action:

A. That constitutes an assault, battery, brandishing of a weapon, disturbance of the peace, curse and abuse, destruction of property, harassment, or stalking.

B. That is of such a character as to afford reasonable grounds for a belief that a person intends to cause harm or to endanger the safety of himself or another person;

C. That is of such a character as to afford reasonable grounds for a belief that a person intends to provoke another person into committing an act or threat of violence;

D. That intentionally results in the destruction of property, or that consists of an expressly communicated or reasonably perceived threat of harm to or destruction of any property;

E. That constitutes "horseplay," involving physical contact, such as wrestling, slapping or kicking any individual, even if no actual harm occurs or is intended.

Examples of actions which shall constitute an act or threat of violence under this policy include, without limitation: hitting or shoving another individual; threatening to injure or to kill oneself or any other person; threatening to harm or destroy property; making harassing or threatening telephone calls, letters, or other forms of spoken, written or electronic communications; brandishing a weapon; spitting in another's face; etc.

"Weapon" shall mean any firearm, stun weapon, taser, dirk, bowie knife, switchblade knife, ballistic knife, razor, slingshot, blackjack, spring stick, metal knucks, blackjack, nun chahka, nun chuck, nunchaku, shuriken, fighting chain, throwing star or oriental dart, or any other item of like kind.

"Work site" or "Workplace" means any location where any City employee, vendor, contractor, agent, or temporary worker is carrying out the responsibilities and duties of his or her job on behalf of the Charlottesville City government and any related City-owned or -operated buildings or premises.

III. Rules of Conduct

A. Employees are prohibited from committing, engaging in or participating in any act or threat of violence in the workplace.

B. Employees are prohibited from using, possessing or bringing any weapon to the workplace, unless such weapon is required to be carried as part of the employee's employment duties. For those employees who are required as a condition of their work assignment to possess a weapon, the weapons shall be used only in accordance with departmental operating procedures and all applicable federal, state and City laws and ordinances.

C. All City employees have a responsibility to mitigate the potential for violence. When a City employee observes an act or threat of violence in the workplace, or is the victim of an act or threat of violence in the workplace, that employee shall immediately report the incident to his or her immediate supervisor, the nearest supervisor, or to some other appropriate management personnel. Further, any City employee who has any knowledge or information about an act or threat of violence that has occurred, or is about to occur, within the workplace, shall report that information to his or her immediate supervisor, the nearest supervisor, or some other appropriate management personnel.

IV. Procedures

A. Any employee who engages in any conduct prohibited by this policy shall be subject to disciplinary action, up to and including termination from employment. In determining the appropriate disciplinary action to be applied, the City will consider the circumstances of the incident. On occasion, this process may result in employees' receiving different levels of discipline for participation in the same incident.

1. Upon an employee's second instance of engaging in or participating in any conduct prohibited by this policy, termination of employment shall be the sole disciplinary option.

2. Where an employee engages in conduct prohibited by this policy, but the results of an administrative or police investigation indicate that such prohibited conduct constituted an act of self-defense, which was reasonable under the circumstances, then the employee will not be subject to disciplinary action.

B. A City employee who witnesses an act or threat of violence directed against another employee or against a visitor to the workplace should observe the situation and attempt to get information such as the name or a physical description of the perpetrator, but only if that can be done without endangering the employee or others. Information regarding the identity of the perpetrator of an act or threat of violence is particularly crucial in instances where the perpetrator is someone other than another City employee. As soon as safely possible following a witnessed act or threat of violence, the witnessing employee should write down any personal information obtained, a description of the person (height, weight, hair color, clothing, speech, etc.), date and time of the incident, location of the incident, exact words or actions observed; names of other witnesses, etc.

C. In situations where an employee believes that he or another individual in the workplace is subjected to an imminent threat to life, physical safety, or health, then the employee should dial 911 for police assistance and provide a detailed description of the incident so that appropriate emergency response units can be dispatched. The employee should remain on the telephone line until the 911 dispatcher advises him or her to hang up.

D. City employees shall fully cooperate with police and other law enforcement officials in the investigation and prosecution of acts or threats of violence that occur in the workplace.

E. An employee who has obtained a protective order from a court should make his or her supervisor aware of the existence of the order and should provide a copy of the order to the supervisor.

F. Employees are encouraged to submit recommendations and suggestions for the enhancement of workplace security to the City's Director of Human Resources.

G. Supervisors will immediately investigate all reported or observed acts or threats of violence in the workplace, and shall report all such incidents to the appropriate department, agency director and the Director of Human Resources.

H. If an altercation, either verbal or physical, occurs in the workplace, the supervisor should attempt to defuse the situation. Individuals involved in the incident should be separated and directed to different areas of the work site. However, the City does not expect supervisors or employees who are not law enforcement personnel to become physically involved or to place themselves at risk in an attempt to separate individuals involved in an altercation. If the individuals cannot be separated and order restored, the supervisor should call 911 immediately and remain on the line until the 911 dispatcher advises him or her to hang up. If the situation is not an emergency, but the supervisor believes that a police report should be filed, the supervisor should telephone the Police Department. Once the situation is controlled, the supervisor shall separately interview all persons involved, including any witnesses, in order to obtain an accurate account of the incident. The supervisor should coordinate his or her investigation with the police department. Where criminal investigation by the police department is warranted, the supervisor's investigation will be deferred pending completion of the criminal investigation, to avoid hindering or obstructing it.

I. All appointing authorities shall assure prompt and thorough investigation and resolution of all disturbances. Employees shall be advised of the outcome of such investigations if they so request, at least to the extent not prohibited by any federal, state or local law or ordinance.

J. Management personnel will ensure that affected employees are provided with all resources available to assist in coping with issues arising from incidents of violence in the workplace. Where a supervisor deems appropriate, or upon request by an employee, employees who have been the victim of an act or threat of violence in the workplace, or who have observed an act or threat of violence in the workplace, may be referred to the City's Victim Services agency or to the Employee Assistance Program.

K. The Department of Human Resources will periodically distribute informational materials to employees on the issue of workplace violence. Each department and agency director shall assure that all information regarding the issue of workplace violence, and the potential adverse affects thereof, is disseminated and understood by employees.

L. The Department of Human Resources will provide an employee assistance program (EAP) as a resource to help employees resolve job stress, drug or alcohol problems or personal problems (such as financial or marital difficulties) that tend to lead to violent behavior. The Director shall ensure that employees are informed that the EAP provides free, accessible and confidential assistance.

M. The Department of Human Resources shall assist department or agency directors and their management personnel in implementing disciplinary actions taken under this policy. (Jeanne Cox via Email, January 4, 2002)