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HomeMy WebLinkAbout01222018 City Council Work Session Suggested Workplace Bullying Prevention Policyof �_ 2, Brenda Ballou From: Carol Griswold <cgriz@ak.net> Sent: Thursday, January 18, 2018 9:48 AM To: David Squires; Marianna Keil; Ristine Casagranda; Sue McClure; Erik Slater; Jeremy Horn Cc: Brenda Ballou; Ron Long Subject: Workplace Bullying policy and code change Attachments: Changes to City Code Title 3 workplace bullying.docx; City of Seward Workplace Bully Prevention.docx Hi Council, I have been working hard on a much -needed Workplace Bullying policy and code change. I compiled several excellent on-line resources and customized them for Seward. I think this will give our valued city employees, including staff, clear guidance on workplace bullying and how to resolve issues. I'm excited about the attached documents and feel they will make positive changes possible. I would greatly appreciate your discussion and vote to add Workplace Bullying to our city code and policy handbook. Thank you very much! Carol BEGIN-ANTISPAM-VOTING-LINKS Teach Canit if this mail (ID 01UXSNOmK) is spam: Spam: http://canit citvofseward net:8080/canit/b.php?i=01UXSNOmK&m=e3lff22e4454&c=s Fraud/Phish: http://canit citvofseward net•8080/canit/b php?i=01UXSNOmK&m=e3lff22e4454&c=p Not spam: http•//canit citvofseward.net:8080/canit/b.php?i=01UXSNOmK&m=e3lff22e4454&c=n Forget vote: http://canit citvofseward net:8080/canit/b.php?i=01UXSNOmK&m=e3lff22e4454&c=f END -A NTIS PAM-V OTI N G-LINKS January 18, 2018 Suggested Workplace Bullying Prevention Policy Submitted by Carol Griswold City of Seward, Alaska Policy Issued: (date) Effective Date: (date) Supersedes: None, New Policy Next Review Date: (5 years from now) Workplace Bullying Prevention Responsible Executive: City Manager- Administration Responsible Office: Human Resources Contact: Human Resources (contact info here) I. POLICY SUMMARY The City of Seward, Alaska is committed to promoting and maintaining a healthy working, learning, and social environment where every individual is treated with civility and respect. Bullying behavior will not be tolerated in the City of Seward workplace. The City strongly encourages anyone who is a victim of bullying behavior, or anyone who observes such behavior, to promptly report it to any supervisor, administrator, or to Human Resources. Retaliation against individuals who report bullying is also prohibited. The City of Seward will respond promptly and effectively to reports of bullying and will take appropriate and impartial action to prevent, correct, and discipline behavior that violates this policy. Any employee found in violation of this policy will be disciplined, up to and including immediate termination. Independent contractors found to be in violation of this policy may be subject to contract cancellation. H. POLICY SCOPE This policy applies to all employees, including hourly, part-time, temporary, probational, full-time, contracted, supervisory, and administrative. All employees are responsible for complying with this policy in the workplace, at city -sponsored events, and in connection with work -related travel. III. POLICY STATEMENT A. Prohibited Conduct Bullying is a pattern of repeated behavior that a reasonable person would find hostile, offensive, unwelcome and unrelated to the City's legitimate business interests. Bully hampers productivity by creating dysfunction and damaging morale with the work environment. Bullying behavior may take many forms including physical, verbal, or written acts or behaviors. Workplace bullying often involves an abuse or misuse of power. A single physical, verbal, or written act or behavior generally will not constitute bullying unless especially severe and egregious. Bully may be intentional or unintentional. However, it must be noted that when an allegation of bullying is made, the intention of the alleged bully is irrelevant, and will not be given consideration when meting our discipline. As in sexual harassment, it is the effect of the behavior on the individual that is important. The City of Seward considers the following types of behavior examples of bullying: Examples of bullying may include: Verbal Bullying: • persistent or egregious use of abusive, insulting, or offensive language directed at an employee; • spreading misinformation or malicious rumors; • behavior or language that frightens, humiliates, belittles, or degrades, including criticism or feedback that is delivered with yelling, screaming, threats, or insults; • making repeated inappropriate comments about a person's appearance, lifestyle, family, or culture; • regularly teasing or making someone the brunt of pranks or practical jokes; • circulating inappropriate or embarrassing photos or videos via e-mail or social media; • making threats or comments about job security without foundation; Physical Bullying: • interfering with a person's personal property or work equipment; • unwarranted physical contact, physical abuse or threats of abuse to an individual or an individual's property; Gesture Bullying: • nonverbal threatening gestures; glances that can convey threatening messages; Exclusion: • purposefully excluding, isolating, or marginalizing a person from normal work and social activities such as meetings, email, co-workers, and access; • deliberately changing work schedules to inconvenience particular employees; • withholding information essential to do a task properly; In addition, the following may constitute or contribute to evidence of workplace bullying: • assigning impossible or menial tasks, meaningless tasks unrelated to the job, or giving someone the majority of unpleasant tasks; • excessive monitoring or micro -managing; • sabotage of an employee's work product, or undermining of an employee's work performance; or • taking credit for another person's ideas. B. Bullying vs. Supervision It is important to distinguish between bullying behavior and appropriate workplace supervision. Reasonable supervisory actions, when carried out in an appropriate manner, include: • providing performance appraisals; • coaching or providing constructive feedback; • monitoring or restricting access to sensitive information for legitimate business reasons; • scheduling ongoing meetings to address performance issues; • setting aggressive performance goals to help meet departmental goals; • counseling or disciplining an employee for misconduct; and • investigating alleged misconduct. Differences of opinion, interpersonal conflicts, and occasional problems in working relations are an inevitable part of working life and do not necessarily constitute workplace bullying. C. Retaliation This policy prohibits retaliation (e.g., threats, intimidation, reprisals, and adverse actions related to employment) against any person who reports bullying, assists someone with a report of bullying, or participates in an investigation or resolution of a bullying complaint. Reports of such retaliation will be addressed under the procedures described below. D. Dissemination of this Policy As part of the City's commitment to providing a working environment free from bullying, this policy will be disseminated widely to the City and community upon through City staff training, City website, City Council meetings; media, new employee orientations, and other appropriate channels of communication. IV. PROCEDURES FOR REPORTING AND RESPONDING TO REPORTS OF BULLYING A. Reporting Incidents of Bullying Early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of bullying. All City employees are strongly encouraged to report conduct believed to constitute bullying under this policy verbally or in writing to any supervisor, administrator, or to Human Resources. Individuals should not feel obligated to report their complaints to their immediate supervisor first before bringing the matter to the attention of one of the other designated representatives identified above. Supervisors who observe bullying behavior or receive a report of bullying are required to address such behavior immediately and notify the HR representative. The availability of this complaint procedure does not preclude individuals who believe they are being subjected to bullying conduct from promptly advising the offender that his or her behavior is unwelcome and requesting that such behavior immediately stop. The City has distinct procedures for the investigation and resolution of complaints against Union and non - Union employees. Human Resources will refer reports of alleged bullying to the appropriate office or grievance procedure for processing. B. Resolution Options Individuals making reports of bullying will be informed about options for resolving potential violations of this policy. These options may include facilitated early resolution or formal investigation. The City will respond to reports of bullying brought anonymously or by third parties not directly involved in the complaint. However, the response to such reports may be limited if the report's allegations cannot be verified by independent facts. Anonymous reports may be made c/o the City Clerk (clerk@cityofseward.net). C. Facilitated Early Resolution The goal of early resolution is to resolve concerns at the earliest stage possible with the cooperation of all of the parties involved. The City encourages early resolution and will assist the parties in reaching a mutually agreeable resolution when the parties wish to resolve the situation collaboratively. Early resolution may include a review of the facts, but typically does not include a formal investigation. Means for early resolution will be flexible and encompass a full range of possible appropriate outcomes. Options for early resolution may include: • obtaining an agreement between the parties; • physically separating the parties; • changing schedules; • referring the parties to counseling and coaching programs; • negotiating an agreement for personnel action; • conducting targeted educational and training programs; and/or • following up with the parties after a period of time to assure that the resolution has been implemented effectively. While the City encourages early resolution, the City does not require that parties participate in early resolution prior to the City's decision to initiate a formal investigation. In some cases, Human Resources may determine that early resolution is inappropriate and may initiate a formal investigation instead. D. Formal Investigation In response to reports of bullying where early resolution is unsuccessful or inappropriate, the complainant may request a formal investigation. Human Resources may initiate a formal investigation after a preliminary review of the facts even in cases where the complainant has not requested one. Formal investigation of reports of bullying will incorporate the following procedures: 1. The respondent will be advised of the relevant allegations in the complaint. 2. The investigation generally will include interviews with the parties if available, interviews with other witnesses as needed, and a review of relevant documents or other evidence as appropriate. 3. Disclosure of facts to parties and witnesses will be limited to what is reasonably necessary to conduct a fair and thorough investigation. Participants in an investigation may be advised to maintaining confidentiality when essential to protect the integrity of the investigation. 4. Upon request, the complainant and the respondent may each have a representative present when he or she is interviewed. Other witnesses may have a representative present at the discretion of the investigator or as required by the applicable City policy or collective bargaining agreement. 3 5. At any time during the investigation, the investigator may recommend that the City provide interim protections or remedies for the complainant or witnesses. These protections or remedies may include separating the parties, placing limitations on contact between the parties, or making alternative work arrangements. Failure to comply with the terms of interim protections may be considered a separate violation of this policy. 6. Human Resources will make every effort to complete the investigation as quickly as possible. Generally, the investigation will be completed within 30 calendar days from the date the request for formal investigation was submitted. 7. Following the completion of the investigation, the investigator will prepare a written report that, at a minimum, includes a statement of the allegations and issues, the positions of the parties, a summary of the evidence, fmdings of fact, and a determination by the investigator as to whether the conduct at issue violated this policy. Human Resources will submit the report to the appropriate City official, and, in consultation with the appropriate supervisor, determine and implement the actions necessary to resolve the complaint. 8. The complainant and the respondent will be informed when the investigation is completed and whether the complaint was substantiated. Actions taken to resolve the complaint, if any, that are directly related to the complainant, such as an order that the respondent not contact the complainant will be shared with the complainant. In accordance with City policies protecting individuals' privacy, the complainant may be notified generally that the matter has been referred for disciplinary action, but will not be informed of the details of the recommended disciplinary action without the respondent's consent. 9. The complainant and the respondent may request a copy of the investigative report pursuant to City policies governing privacy and access to personal information. In accordance with City policy, the report will be redacted to protect the privacy of personal and confidential information regarding all individuals other than the individual requesting the report. E. Remedies Findings of violations of this policy may be considered in determining remedies for individuals harmed by the bullying and will be referred to the appropriate manager. Violations may include engaging in bullying, retaliating against a complainant reporting bullying, or violating interim protections. Investigative reports made pursuant to this policy may be used as evidence in subsequent complaint or grievance resolution processes or disciplinary proceedings. IV. GLOSSARY Complainant: An individual who alleges they have been subjected to bullying. Reasonable Person Test: The basis for determining whether the conduct at issue rises to the level of bullying is whether a reasonable person in the same or similar circumstances would fmd the conduct hostile, offensive, and unrelated to the City's legitimate business interests. Though the intention of the person responsible for the conduct may be considered, it is not determinative. Respondent: An individual alleged to have violated this policy. Union Represented Employee: An employee represented by a union. Workplace: For purposes of this policy, any location owned, leased, or rented by the City of Seward or any location where a City employee is acting in the course and scope of employment. This includes, but is not limited to buildings and grounds, including parking lots, parks, campgrounds, and cemeteries. It also includes vehicles when those vehicles are used for City business. Sources: Workplace Bullying Prevention, University of California, Berkeley httl)s://campusi)ol.berkeley.edu/Policies/Bullyinp,.I)df 4 Give Me Your Lunch Money! Dealing with Bullies in Today's Workplace, Model Anti -Bullying Policy by the American Bar Association https://www.americanbar.org/content/dam/aba/events/labor law/2012/03/national conference on equal emp loyment onnortuni1y law/mw2012eeo eisenber22.authcheckdam.pdf Australian Cathollic University Workplace Bullying Policy https://www.acu.edu.au/policy/hr/workplace behaviour/workplace bull,+}ing_policy2 SHRM Society for Human Resource Management httas://www.shrm.org/resourcesandtools/tools-and-samples/policies/pa esg /cros 018350.asox January 16, 2018 Suggested Changes to Seward City Code Chapter 3.75 3.75.020 Sexual harassment is only entry; add 3.75.011 Workplace Bullying Submitted by Carol Griswold Chapter 3.75 Standards Relating to Employee Conduct 3.75.010. - Sexual harassment. (a) Sexual harassment is unlawful and violates city policy. No employee should be subject to unsolicited and unwelcome sexual overtures or conduct, either verbal or physical. Sexual harassment does not refer to casual conversation or compliments of a socially acceptable nature. It refers to behavior that is not welcome and that is personally offensive, interferes with effectiveness, or creates uneasiness on the job. Such conduct, whether committed by supervisors or non -supervisory personnel, is specifically prohibited. This includes, but is not limited to, repeated offensive sexual flirtations, advances or propositions, continued or repeated verbal abuse of a sexual nature, graphic or degrading verbal comments about an individual or that individual's appearance, the display of sexually suggestive objects or pictures, or any offensive or abusive physical contact. (b) No individual should imply to an employee that lack of cooperation of a sexual nature would in some way negatively affect that person's employment, assignment, compensation, advancements, career development, or any other condition of employment. Any such actions are subject to punishment up to and including termination. (c) An employee who believes that he/she has been subjected to sexual harassment or intimidation on the job must bring this to the immediate attention of either the employee's supervisor, the personnel officer or the city manager. All such complaints will be promptly and fairly investigated and, where appropriate, immediate corrective action will be taken. To the highest degree possible, allowing for a fair investigation, all such complaint will be treated in the strictest confidence. Employees shall not be retaliated against because they have made complaints of sexual harassment. 3.75.011. —Workplace bullying. (a) Workplace bullying is unlawful and violates city policy. No employee should be subject to unsolicited and unwelcome conduct, either verbal or physical. Workplace bullying does not refer to reasonable and appropriate supervisory actions. It refers to behavior that a reasonable person would find hostile, offensive, unwelcome and unrelated to the City's legitimate business. Such conduct, whether committed by supervisors or non -supervisory personnel, and whether intentional or unintentional, is specifically prohibited. This includes, but is not limited to: verbal, physical, gesture, and exclusion bullying. (b) No individual should imply to an employee that reporting workplace bullying would in some way negatively affect that person's employment, assignment, compensation, advancements, career development, or any other condition of employment. Any such retaliatory actions are subject to punishment up to and including termination. (c) An employee who believes that he/she has been subjected to workplace bullying on the job must bring this to the immediate attention of any supervisor, the personnel officer or the city manager. All such complaints will be promptly and fairly investigated and, where appropriate, immediate corrective action to prevent, correct, and discipline behavior that violates the Workplace Bullying Policy. To the highest degree possible, allowing for a fair investigation, all such complaints will be treated in the strictest confidence. Suggested Addition to Ordinance Identification and Disposition Table, located at end of 16.05.015. 16.05.015 Ordinance Identification and Disposition Table ADD Ordinance Number Incorporating the city's policy on workplace bullying into the personnel code (date) Suggestion to add new Chapter 17 to make this information easier to find. Chapter 17 Ordinance Identification and Disposition Table ADD Ordinance Number Incorporating the city's policy on workplace bullying into the personnel code (date)