Town of Elma, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Elma as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 10.
Officers and employees — See Ch. 24.
[Adopted 8-19-2009]

§ 27-1 Policy.

A. 
It is the policy of the Town of Elma to ensure a safe workplace and to reduce the risk of violence to our employees and citizens. It is a shared obligation of all employees and citizens, individually and collectively, to prevent and/or defuse actual or implied violent behavior (verbal or physical) at work.
B. 
Any person who engages in a violent or threatening manner, either verbal or physical in nature, will be removed from the premises as quickly as safety permits.
C. 
At the Town's discretion, employees and/or the public may be barred from the Town's premises pending the outcome of an investigation. Any employee who engages in such behavior may be subject to disciplinary action up to and including termination, criminal penalties, or both.

§ 27-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
VIOLENT BEHAVIOR ON THE JOB
Includes, but is not limited to:
A. 
Causing or attempting to cause physical injury to another person;
B. 
Intentional destruction or threat of destruction of Town property or another person's personal property;
C. 
Expressing intent to cause physical harm or emotional duress;
D. 
Acting in a hostile manner through unwelcome words, actions or physical contact not resulting in physical harm to another person;
E. 
Surveillance or stalking;
F. 
Possession of a weapon while on Town property or while on Town business without proper authorization;
G. 
Veiled threats of physical harm or intimidation;
H. 
Expression of suicidal or homicidal intent or thoughts; and
I. 
Unusual agitation or excitement, which may be accompanied by incoherent and/or irrational behavior or harassment.

§ 27-3 Procedures.

A. 
Law enforcement officials will be notified as soon as possible of any situation that has the potential for immediate danger to the safety of an employee or any other person.
B. 
All employees are responsible to inform their immediate department head of any condition or behavior that the employee experiences or witnesses and believes places the employee and/or others at risk of injury. Such actions may include, but are not limited to, any of the violent behavior definitions referenced above.
C. 
Once notified a department head will report all employee concerns to the Town Supervisor. The Town Supervisor will:
(1) 
Take immediate action to end the dangerous or harassing behavior;
(2) 
Notify the Personnel Committee;
(3) 
If appropriate, take appropriate disciplinary action.
D. 
The Personnel Committee will assure that a full investigation is made and will assist the Town Supervisor in resolving the issue.
E. 
Reports should be made regardless of whether the potentially dangerous person is a coworker or a nonemployee. Reports or incidents warranting confidentially will be handled appropriately, and information will be disclosed to others on a need-to-know basis. This policy does not prevent employees from directly notifying law enforcement officials of the problems.
F. 
Emergency situation. It is recommended that employees who are confronted by or who encounter an armed or dangerous person not attempt to challenge or disarm the individual. The employee should use his/her best judgment under the circumstances to avoid injury to him/her or others. If the employee is able to contact the Police Department or emergency assistance safely, then the employee should do so immediately or as soon as possible.
G. 
Enforcement. Threats, threatening conduct, or any other acts of aggression or violence in the workplace will not be tolerated. Any employee determined to have committed such acts will be subject to disciplinary action, up to and including termination. Reports to law enforcement officials will be made as appropriate. Nonemployees engaged in violent acts in or affecting the workplace will also be reported to the proper authorities. The Town will cooperate fully with law enforcement authorities during any investigation.
H. 
Eligibility for rehire. Employees terminated for violating a provision of this policy shall not be eligible for rehire with the Town in any capacity.