Town of Thompson, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Thompson 1-20-1981 by resolution; amended in its entirety 1-4-2000[1]. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 13.
Code of ethics — See Ch. 21.
Salaries and compensation — See Ch. 67.
Smoking policy — See Ch. 71.
[1]:
Editor's Note: This resolution also provided that the personnel rules and regulations shall take effect on and after 1-1-2000; provided, however, that no benefit or term and condition of employment that was in existence prior to 1-1-1981 and which was repealed by the personnel rules and regulations adopted and effective 1-1-1981 is intended to be allowed or permitted or extended to or apply to any employee now, heretofore or hereafter employed by the Town of Thompson on and after 1-1-1981. This resolution is not intended to enhance, add to or benefit any employee now or heretofore employed by the Town of Thompson who waived or lost a benefit granted under the terms of any prior personnel rules and regulations of the Town of Thompson prior to the effective date of this resolution.
The adoption of personnel rules by the Town of Thompson is designed to provide, establish and define conditions of employment, benefits and allowances, work rules and such other regulations applicable and necessary to and for employees of the Town of Thompson.
[Amended 9-17-2002[1]]
The personnel rules herein contained shall apply to all persons employed by the Town of Thompson, excluding only those employees of the Town of Thompson Highway Department and the employees of the Sewer and Water Department and Park and Recreation Department covered under a collective bargaining agreements between the Town and applicable employee representatives.
[1]:
Editor's Note: This resolution provided for an effective date of 1-1-2003.
Nothing contained in these personnel rules shall relieve the Town from complying with all applicable laws and regulations of the United States and the State of New York.
As used in this chapter, the following terms shall have the meanings indicated:
DEPARTMENT HEAD
The duly elected or appointed employee of the Town who is chargeable with the responsibility of administering the functions of the various departments of said Town.
EMPLOYEES
All persons employed by the Town of Thompson, excluding employees of the Highway Department, Sewer and Water Department and Park and Recreation Department, seasonal and part-time employees.
[Amended 9-17-2002[1]]
SUPERVISOR
The duly elected Supervisor of the Town.
TOWN
The Town of Thompson.
[1]:
Editor's Note: This resolution provided for an effective date of 1-1-2003.
[Amended 9-17-2002[1]]
A. 
The workweek for employees shall be 35 hours, Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding one-hour lunch periods. Lunch periods shall be determined and scheduled by the Supervisor or department head.
B. 
The Town shall have the right to deviate from the above work schedule as may be necessary in the conduct of the Town's affairs.
[1]:
Editor's Note: This resolution provided for an effective date of 1-1-2003.
The employment period for the calculation of benefits under the terms of this agreement shall be the anniversary year of the employee's starting employment date. An "anniversary year" is defined as beginning on the first day of the employee's employment by the Town and expiring 365 days thereafter, the first day of employment being included in the calculation of the 365 days and including an extra day for leap year.
A. 
The following paid holidays shall be recognized: New Year's Day, Martin Luther King Jr.'s Birthday, Lincoln's Birthday, Washington's Birthday, Good Friday (or at the election of the employee, Yom Kippur), Decoration Day, Independence Day, Labor Day, Columbus Day, Armistice Day, Thanksgiving Day, the Friday after Thanksgiving Day and Christmas Day.
[Amended 9-17-2002[1]]
[1]:
Editor's Note: This resolution provided for an effective date of 1-1-2003.
B. 
If any of the holidays fall on a Saturday or Sunday, then the workday immediately prior thereto or the next following workday shall be observed as a holiday, but only when so designated by state or federal law. If not so designated by state or federal law, the same may be so designated by the Supervisor, but he shall not be required to do so.
A. 
Each employee shall be entitled to four personal days in each anniversary year. Personal days cannot be accumulated from year to year.
[Amended 6-15-2004 by L.L. No. 6-2004]
B. 
Personal leave can be used in conjunction with vacation, provided that the written permission of the Supervisor or department head is first obtained.
[Amended 9-17-2002[1]]
A. 
There shall be no overtime pay.
[1]:
Editor's Note: This resolution provided for an effective date of 1-1-2003.
Each employee required to work on Election Day shall be entitled to two hours off with pay.
A. 
Number of sick days; accumulation.
(1) 
Each employee shall be allowed 14 sick days per year with pay. All unused sick leave shall be accumulated up to a total of 150 accumulated sick days.
(2) 
On and after January 1, 2000, any employee who has accumulated more than 150 sick days will be eligible to collect 1/2 such employee's regular rate of pay for each sick day accumulated in excess of 150. It is understood that the first entitlement to such payment shall occur on the anniversary date of employment of such employee in the year 2000 for each sick day accumulated on and after January 1, 2000, and that any sick days accumulated prior to January 1, 2000, shall be forfeited unless used within the year ending on the anniversary date of employment of such employee in the year 2000.
(3) 
Notwithstanding Subsections (1) and (2) of this § 48-11A, an employee who shall have accumulated in excess of 150 sick days plus the net current year accumulation [the sick days accumulated pursuant to Subsection A(1) of this § 48-11 less used sick days] as of August 3, 1999, shall be entitled to retain an additional sick day accumulation, which shall be equal to the difference between the total number of sick days accumulated (150 sick days plus the net current year accumulation plus all other sick days accumulated on August 3, 1999, less 150 sick days plus the net current year accumulation) for the purpose of applying such additional sick leave accumulation to an acute and catastrophic illness or condition as may affect such employee thereafter. An "acute and catastrophic illness or condition" shall mean a medical or physical condition that is or was life-threatening requiring continuous critical or chronic medical care, which illness or condition prevents such employee from reporting to work and performing the duties of such employee's position. Such additional accumulation shall be used only after obtaining approval of the Supervisor and after the exhaustion of the total accumulation of sick leave provided in Subsection A(1) of this § 48-11 exclusive of such additional accumulation. Such additional accumulation shall not be used in connection with any illness or condition that shall not satisfy the definition of an acute and catastrophic illness or condition even in the event such employee shall have exhausted the total accumulation of sick leave provided in Subsection A(1) of this § 48-11 exclusive of such additional accumulation. Notwithstanding Subsection C of this § 48-11, the Supervisor may require such additional medical information as may be necessary to determine if the employee shall have suffered an acute and catastrophic illness or condition, and the failure or refusal to supply shall permit the Supervisor to deny a request to use such additional accumulation.
(4) 
Employees of the Town who shall have an accumulation of sick leave shall apply and use the same in the following order:
(a) 
Current year accumulation.
(b) 
Prior year accumulation.
(c) 
If eligible, additional accumulations.
B. 
Donation and use of sick leave.
(1) 
An employee who shall have used all accumulated sick leave and shall require additional sick days shall be permitted to receive not more than 10 sick days in any calendar year which are donated by other employees of the Town who shall have accumulated any unused sick days to such donor employee's credit but not in excess of two such sick days from any one donor employee. Such donation shall be subject to the approval of the Town Board. The provisions of Subsection A shall not apply to this Subsection B.
(2) 
Sick leave may be used in minimum one-half-day units; provided, however, that when an employee shall have an appointment with a physician or other medical organization for diagnosis or treatment, the time charge to sick leave accrual shall be the actual number of half-hour units which shall encompass the entire appointment, including travel time, and provided further that the employee's department head and Supervisor shall approve such allocation.
[Amended 6-5-2001]
C. 
Sick leave shall be accumulated on an anniversary-year basis beginning with the anniversary date of employment. Sick days shall accrue and be credited to each employee at the rate of one day per month, with an extra day at the end of each six months, thereby allowing 14 days of sick leave to be accrued and credited to each employee on the last day of each anniversary year.
D. 
The Supervisor or department head may require written proof of sickness, which proof shall be submitted within four days of the demand therefor.
E. 
Extended or additional sick leave.
[Amended 8-15-2000]
(1) 
Notwithstanding the provisions pertaining to accumulation of sick leave, the Supervisor or department head may grant extended sick leave; provided, however, that if the employee's accumulated sick leave has been used, such additional sick leave shall be without pay.
(2) 
Notwithstanding any other provision of this section, the Town Board, in its discretion, may approve a request by an employee who has used all accumulated sick leave days for the donation of not more than 10 additional sick leave days with pay in a calendar year by employees of the Town, upon the following conditions:
(a) 
No donor employee shall donate more than two of such additional sick days to such employee;
(b) 
The additional sick days shall be deducted from the donor employee's accumulated and unused sick days in the order set forth in § 48-11A(4);
(c) 
The accumulation of sick leave pursuant to § 48-11A(3) shall not be used for the purpose of a donation; and
(d) 
The donated sick days shall be used by such employee within the time allowed by the Town Board, and, if not so used, the donated days shall be recredited to the donor employees' accounts in the inverse order of the names of donor employees who made such donation.
F. 
Termination of employment.
(1) 
On termination of employment:
(a) 
An employee shall receive payment for all accumulated sick leave.
(b) 
Payment for sick leave shall be at the then-existing rate of pay for each employee involved.
(2) 
This subsection is not applicable to employees hired on and after January 1, 1981.
G. 
An employee shall have the option of receiving compensation for five days' sick leave at the end of each anniversary year, and such paid sick days would be subtracted from his accumulation, and the right to accumulate up to a total of 150 sick days shall be decreased by the number of sick days for which an employee has been paid. Employees of the Town hired on or after January 1, 1981, shall not be entitled to the benefits of this subsection.
A. 
All employees who are absent from work for any reason other than holidays, regular days off, vacation or personal days approved prior to the date of absence are required to notify the Town of the reason for absence and when they expect to return to work. The employee will not be paid for any date or dates of absence prior to the receipt of such notice.
B. 
When calling in to report an absence and to give reason for such absence, the employee shall call the department to which he is assigned. All employees calling in to report their absence and the reason therefor should obtain the name of the person to whom they reported for verification purposes. As much advance notice as possible shall be furnished, and, except in cases of emergency, the call to report an absence shall be made no later than the time specified for said employee to report to work.
C. 
When calling in to report an absence, the employee shall advise where he expects to be during the period of absence so that the Town can readily contact the employee to verify the absence and the cause thereof or for any other legitimate purpose in connection with the conduct of the Town affairs.
D. 
Except in cases of emergency, failure to report in accordance with the provisions of this section will result in the loss of pay for the absence involved.
E. 
Employees may request a leave of absence from work, which request must be approved by the employee's department head and the Supervisor. A request for a leave of absence shall specify the reasons for such request, the length of the leave of absence requested and any other information which would assist the department head and Supervisor in passing upon the same. If an employee's request for a leave of absence is granted, the employee shall not be paid for the period for which the leave is granted, and, further, the employee shall not accrue any of the benefits provided for in §§ 48-7, 48-8, 48-10, 48-11, 48-13, 48-14 and 48-16 as may be provided by law, and § 48-17.
F. 
Jury duty. The employee shall be granted, providing the employee serves, unlimited leave. Such leave shall be allowed and credited only for the day or portion thereof that such service is required. Such employee shall be paid the difference between the daily rate of pay of such employee and the rate of pay allowed by the county for trial or grand jury duty. The employee shall provide the Town with a copy of the county jury duty payment record or other evidence of service satisfactory to the Town.
[Added 9-17-2002[1]]
[1]:
Editor's Note: This resolution provided for an effective date of 1-1-2003.
G. 
Worker's compensation and disability. In the case of any injury, illness or disability to an employee for which he or she is entitled to worker's compensation or disability benefits, such employee may elect whether time off for such injury, illness or disability shall be charged against the employee's vacation, sick, personal or compensatory leave time accruals, or whether such employee shall receive only worker's compensation or disability benefits and reserve leave time accruals. Such election shall be made within seven days of the date the claim shall have been filed. In the event that the employee elects to have such time off charged against the employee's leave-time accruals, the worker's compensation or disability benefits shall be paid to the Town and the employee's leave time accruals, so charged, will be credited for additional days or portions thereof based upon the amount of the benefit paid to the Town. The employee shall not exceed the aggregate leave-time accruals. The employee's election shall be reduced to writing and submitted to the Superintendent for processing. If the employee fails to make a timely election as herein provided, the Town shall charge the employee's leave-time accruals in the following order first: sick leave, second: personal leave, third: compensatory time. Vacation shall not be charged. Leave time accruals shall be charged in the order specified for any administrative waiting period.
[Added 9-17-2002[2]]
[2]:
Editor's Note: This resolution provided for an effective date of 1-1-2003.
A. 
Employees shall be entitled to a total of four days' leave each year with pay at their then-existing rate of pay to cover time needed in the event of death or serious illness of anyone in the immediate family. The benefit days provided for hereunder shall be noncumulative.
B. 
The employee shall be obligated to furnish satisfactory proof of death or serious illness of any member of the employee's immediate family. Any time required in excess of the leave provided for in this section may be charged to sick leave or vacation, provided that the Supervisor or department head has prior notice of the need for such additional time and gives his consent in writing.
C. 
The immediate family of an employee shall include spouse, children, father, mother, brother, sister, grandparent, grandchild or any person occupying similar relation to the employee's spouse.
A. 
This section shall apply to employees of the Town who were employed on or before January 1, 2000.
B. 
On completion of any employee's fifth year of employment, the employee shall receive a longevity bonus of $375, payable to him in that amount on the first day of the sixth anniversary year and on the first day of each anniversary year thereafter until 10 years of employment have been completed.
C. 
On completion of any employee's 10th year of employment, the employee shall receive a longevity bonus of $450, payable to him in that amount on the first day of the 11th anniversary year and on the first day of each anniversary year thereafter until 15 years of employment have been completed.
D. 
On completion of any employee's 15th year of employment, the employee shall receive a longevity bonus of $500, payable to him in that amount on the first day of the 16th anniversary year and on the first day of each anniversary year thereafter until 20 years of employment have been completed.
E. 
On completion of any employee's 20th year of employment, the employee shall receive a longevity bonus of $575, payable to him in that amount on the first day of the 21st anniversary year and on the first day of each anniversary year thereafter until termination of employment.
A. 
Employees, and their families, are currently insured under applicable New York State health insurance plans, which include Blue Cross and Blue Shield and Major Medical benefits. Such insurance or a different plan or type of insurance carrying or providing no less than the same benefits and coverage shall be continued, and each employee, upon request, shall be supplied with a copy of each plan currently in effect.
[Amended 11-15-2005 by L.L. No. 2-2005]
B. 
For all employees hired prior to March 5, 2013, all costs for any benefits, including family coverage, covered by this section shall be paid directly by the Town, and the employees shall not be required to contribute. For all employees eligible for health insurance hired after adoption of this subsection, the employee shall pay 10% of the cost of the monthly premium for individual or family medical insurance coverage, or $750 per annum for single coverage and/or $1,500 per annum for family coverage, whichever is the lesser amount. The employee's contribution will be deducted from the employee's (or elected official's) regular paycheck. The employee (or elected official) may elect to have such deduction made on a pre-tax basis in accordance with Section 125 of the Internal Revenue Code. The amount of the medical insurance premium an employee or elected official is required to contribute is subject to change by resolution of the Town Board.
[Amended 3-5-2013 by L.L. No. 3-2013]
C. 
An employee on an unpaid leave of absence shall have the right to retain the health insurance under the terms of this section, provided the employee makes arrangements with the Town for payment therefor.
D. 
All employees hired prior to March 5, 2013, shall have noncontributory family plan coverage paid for by the Town.
[Added 9-17-2002[1]; amended 11-18-2008 by L.L. No. 9-2008; 3-5-2013 by L.L. No. 3-2013]
[1]:
Editor's Note: This resolution provided for an effective date of 1-1-2003.
E. 
When an employee retires, after the age of 55 with a minimum of 10 years of service, the Town will pay for the employee's individual and family health insurance that that employee was entitled to, at the time of retirement, in accordance with the schedule set forth in Subsection D of this section. If married, coverage shall continue until the death of the retired employee or spouse, whichever later occurs. Children of a deceased retired employee shall be covered under a family plan if such children are otherwise eligible for such coverage.
[Added 9-17-2002[2]]
[2]:
Editor's Note: This resolution provided for an effective date of 1-1-2003.
F. 
All employees of the Town of Thompson shall have the option to elect a health insurance buyout from the Town in lieu of being given health insurance benefits under the current Town New York State health insurance plan in effect. To be eligible to choose the health insurance buyout in lieu of health insurance, an employee must:
[Added 11-18-2008 by L.L. No. 9-2008]
(1) 
Have in place bona fide health insurance benefits from another employer or spouse's employer from a recognized New York State health insurance provider, and have proof submitted to the Town that said employee is and shall remain covered through said plan for the fiscal year.
(2) 
Employees must give notice to the Town that they are exercising the option to choose a health insurance buyout for the next fiscal year by December 15 of each year.
(3) 
Once an employee elects the health insurance buyout, and he is determined to be eligible for said buyout, the employee shall not be eligible to receive Town-provided health insurance benefits until the next fiscal year.
(4) 
Employees will need to elect to exercise this optional health insurance buyout each year by the aforementioned cutoff date set forth in Subsection F(2) above. Failure to elect to exercise said option and failure to provide confirmation of eligibility to receive said buyout shall result in the employee's health benefits being reinstated.
(5) 
Employees who receive family health insurance coverage and show proof of alternative family health insurance coverage to satisfy the requirements of § 48-15F shall be given, upon election $3,000 added to their salary in quarterly increments, payable on or about January 15, April 15, July 15 and October 15 of each fiscal year.
(6) 
Employees who receive single health insurance coverage and show proof of alternative health insurance coverage to satisfy the requirements of § 48-15F shall be given, upon election, $2,000 added to their salary in quarterly increments, payable on or about January 15, April 15, July 15 and October 15 of each fiscal year.
(7) 
Any further amendment of the value of the health insurance buyout shall be determined by Town Board resolution.
(8) 
The purpose of this incentive is to allow any eligible employee the opportunity to receive additional cash benefit for health insurance benefits they do not need. Under no circumstances shall the Town allow any employee to remain without health insurance benefits.
Employees shall be covered under New York State Twenty-Year Retirement Plan and any plans incidental thereto. The Town shall pay all costs for benefits thereunder as provided by law. The employee shall not be required to contribute, except as may be mandated by state law.
A. 
Vacations will be annually on calendar anniversary year basis.
B. 
Eligibility and length of vacation.
(1) 
All employees who have been in the service of the Town one year or more but less than two years shall receive one week vacation.
(2) 
All employees who have been in the service of the Town two years or more but less than the first day of the sixth year shall receive two weeks' vacation.
(3) 
All employees who have been in the service of the Town five years or more but less than the first day of the 11th year shall receive three weeks' vacation.
(4) 
All employees who have been in the service of the Town 10 years or more shall receive four weeks.
(5) 
All employees who have been in the service of the Town for 20 years or more shall receive five weeks' vacation.
(6) 
All employees who have been in the service of the Town for 27 years or more shall receive six weeks' vacation with pay.
[Added 5-6-2003]
(7) 
For the purposes of this section, one week shall be equivalent to five workdays or 40 hours or 35 hours as the case may be.
[Amended 5-6-2003]
C. 
Vacation pay. Vacation pay may be drawn in advance on the last working day immediately preceding the vacation period upon 30 days' notice to the Town.
D. 
Vacation rules.
(1) 
The assignment of vacation periods will be made by the Supervisor or department head with due consideration to both the wishes of the individual and the continued efficient operation of the department for which the employee works.
(2) 
Preference in the matter of vacation dates and in the case of conflicts will be made to the employees having the longest seniority. Arrangements for individual vacations will be made by the employee and the Supervisor or department head, and the Supervisor or department head shall have the right to change vacation dates in those cases where in his opinion the department's efficient operation may be jeopardized.
(3) 
A vacation may be split by whole weeks if the employee so elects.
(4) 
All or any part of vacation time may be postponed from one year to another, provided that the Supervisor or department head, in his discretion, authorizes such postponement in writing; provided, however, that the postponed vacation time is used by the employee on or before June 30 of the following year. Vacation time which is not used in the year in which it is allowed or in the year to which it is postponed shall be deemed waived.
(5) 
Vacation time is not cumulative.
(6) 
No allowance will be made for illness during a vacation period.
(7) 
If a vacation period includes a holiday recognized by the Town, the employee shall have the right to compensatory time for the holiday or another vacation day.
If an employee who is not otherwise entitled to overtime pay shall be required to work on a holiday or to perform additional work for the Town for which said employee is not compensated, such employee shall be entitled to an equivalent amount of compensatory time within the same pay period.
Prior credits for vacation, sick leave or personal days which have been accumulated by an employee prior to January 1, 1981, shall be allowed to the extent accumulated, but on and after January 1, 1981, these rules, as amended, shall apply.
Each employee shall be entitled, upon retirement, resignation or dismissal, and upon at least 30 days' notice, to draw any accumulated credits for vacation and sick pay which shall be allowed in full and payable in a lump sum. Such credits shall be determined in accordance with these rules.
These rules may be suspended in whole or in part in an emergency for the duration of the same and to an extent made necessary by the nature of the emergency, on approval of the Town Board acting upon the recommendation of the Supervisor.
A. 
Notwithstanding anything to the contrary contained in these rules, any specific provision of any contract between the Town and an employee representative, certified or recognized pursuant to Article 10 of the Civil Service Law, shall be deemed to supersede these rules to the extent that such specific provision of such contract is inconsistent with a specific provision of these rules.
B. 
Except as otherwise specifically provided by these personnel rules and regulations, all employees of the Town shall be entitled only to those benefits and are subject to the terms and conditions of employment set forth in the personnel rules and regulations of the Town effective on January 1, 1981, and as thereafter amended and modified.[1]
[1]:
Editor's Note: Local Law No. 7-2010, adopted 8-3-2010, added § 48-23, Retirement incentive program. It was not included in the Code because the program has expired. A copy of L.L. No. 7-2010 is on file in the Town offices.
[Added 2-18-2014 by L.L. No. 2-2014]
A. 
Purpose. The Town of Thompson will take all reasonable steps to provide a safe and secure work environment for all employees. Every department member of the Town of Thompson has a duty to maintain a safe workplace. To ensure a safe workplace and to reduce the risk of violence, intimidation, assaults, stalking, harassment, and/or coercion, including threats of violence, direct or implied, by or against its employees, which occur on Town of Thompson property, will not be tolerated. For all Town employees, violation of this policy may lead to disciplinary action up to and including termination from employment. Violations of this policy may also be reported to law enforcement authorities, as appropriate, or may subject violators to other legal action.
B. 
Policy. This policy is designed to meet the requirements of New York State Labor Law § 27-b. This policy applies to all members of every Town of Thompson department and any location where members of the Departments work. This includes the workplace, on Town property and at Town-sponsored events and activities. The workplace is any location, either permanent or temporary, where an employee performs any work-related duty. This includes but is not limited to buildings and the surrounding perimeters, including parking lots. It includes all Town-owned, -leased or -donated space, including vehicles, and any location where Town business or sponsored activity is conducted.
C. 
Responsibilities. All department employees are expected to adhere to this workplace violence policy and are expected to treat each other with courtesy and respect. All department employees have the responsibility to be familiar with our workplace violence policy and be proactive in the prevention of workplace violence. Specific responsibilities are as follows:
(1) 
Employees. All employees shall:
(a) 
Seek assistance to resolve personal issues that may lead to acts of violence in the workplace.
(b) 
Remove themselves from threatening situations as soon as possible. Alert other at-risk employees if safely possible and the situation permits.
(c) 
Obtain emergency police intervention or medical response if required.
(d) 
Report to managers and supervisors any dangerous or threatening situations that occur in the workplace if they are the victim of, or witness to, an act of violence or other violation of this policy.
(e) 
Document the assault or threat (in writing) as soon as possible after the incident occurs.
(f) 
Within 24 hours, complete and forward to the Human Resources Department an injury report if any injury was sustained related to workplace violence. If the employee is unable to complete the form, the supervisor is responsible for its completion.
(g) 
Employees must cooperate with any subsequent investigation of workplace violence incidents.
(2) 
Department heads and superintendents. Department heads and superintendents are responsible for assessing situations, making immediate judgments on the appropriate response, and then responding to reports of, or knowledge of, violence and for initiating the investigation process. Department Heads shall also report any and all incidents of workplace violence to the designated Human Resource Officer of the Town as designated by the Town Board.
(a) 
Obtain emergency police intervention or medical response if required.
(b) 
Notify the Town's designated Human Resource Officer.
(c) 
Obtain written statements from witnesses after the situation has been brought under control.
(d) 
If an injury to an employee occurs, forward the completed Employee Injury Report to Human Resources within 24 hours of the occurrence.
(e) 
Assist in, or cooperate with, subsequent investigations of workplace violence incidents.
(f) 
Assist in identifying potentially dangerous situations and the development of procedures to address those situations.
(3) 
Human Resources. The Human Resource Officer shall be appointed by the Town Board and shall be responsible for:
(a) 
Establishing avenues of support for employees who experienced prohibited conduct.
(b) 
The communication of this policy and administrative procedures to employees, managers and supervisors.
(c) 
Reporting incidents of workplace violence to the Town Board.
D. 
Training.
(1) 
The Town of Thompson will provide relevant training and education on the following:
(a) 
Incident reporting and documentation procedures.
(b) 
Workplace violence awareness.
(c) 
Risk factors.
(d) 
Warning signs.
(e) 
Types of possible violent offenders.
(f) 
De-escalation strategies.
(g) 
Results of completed workplace violence risk assessments.
(2) 
Training curriculums may be subject to change as necessary. Training will be offered to employees, including new hires, on an annual basis and all employees will be required to participate. Our goal is to promote the safety and well-being of all people in our workplace.
E. 
Procedures.
(1) 
Threats or acts of violence defined: The Town of Thompson will not tolerate any type of workplace violence committed by or against any Town employees. Members of each Department are prohibited from making threats or engaging in violent activities. Threats or acts of violence include conduct against persons or property that is sufficiently severe, offensive, or intimidating to alter the conditions of employment, or to create a hostile, abusive, or intimidating work environment for one or more employees and/or business partners.
(2) 
Definition of workplace violence: Workplace violence is defined as all threats or acts of violence occurring on Town property or in the workplace, as defined in the policy scope, regardless of the relationship between the Department and the individual involved in the incident. This list of behaviors, while not all-inclusive, provides examples of conduct that is prohibited:
(a) 
Aggressive or hostile behavior that creates an objective reasonable fear of injury to another person or subject another individual to emotional distress.
(b) 
Intentionally damaging employer property or property of another employee.
(c) 
Hitting or shoving an individual with any part of one's body and/or object.
(d) 
Threatening to harm an individual or his/her family, friends, associates, or their property.
(e) 
The intentional destruction or threat of destruction of property owned, operated, or controlled by the Town.
(f) 
Making harassing or threatening phone calls, or sending such letters in regular mail or electronic form.
(g) 
Intimidating or attempting to coerce an employee to do wrongful acts as defined by law, policy, or administrative rule.
(h) 
Willful malicious and repeated following of another person, also known as stalking.
(i) 
Committing acts of violence motivated by or related to race, age, color, religion, gender, sexual orientation, disability, sexual harassment, or domestic violence.
(j) 
Violent behavior also consists of threats and acts of aggression, i.e., remarks of revenge, abusive or obscene statements in an attempt to intimidate, inflict harm or destroy property.
(3) 
Warning signs, symptoms and risk factors:
(a) 
While the Town of Thompson does not expect employees to be skilled at identifying potentially dangerous persons, employees are responsible to exercise good judgment and notify the appropriate supervisor of any threats which they have witnessed or received. Employees should also notify the appropriate personnel regarding any member of their department who exhibits behavior which could be a sign of a potentially dangerous situation. Such behavior may include, but is not limited to:
[1] 
Bringing illegal weapons to the workplace;
[2] 
Displaying overt signs of extreme stress, resentment, hostility, or anger;
[3] 
Making threatening remarks;
[4] 
Sudden or significant deterioration of performance;
[5] 
Displaying irrational or inappropriate behavior;
[6] 
Making intimidating statement like, "you know what happened at the Post Office," "I'll get even," or "you haven't heard the last of me";
[7] 
Having a romantic obsession with a coworker who does not share that interest;
[8] 
Intense anger or lack of empathy; or
[9] 
History of interpersonal conflict; domestic problems, and/or unstable/dysfunctional family.
(4) 
Supervisors should be alerted to and aware of these indicators. If an employee exhibits such behavior, those observing the behavior should advise their chain of command regarding their concerns and the employee should be monitored and such behavior should be documented.
F. 
Types of workplace violence. There are four types of workplace violence identified by the Occupational Safety and Health Administration in which workplace violence incidents are categorized.
(1) 
Violence by strangers. In this type of incident a stranger commits the violence. This stranger has no legitimate personal or business relationship to the worker or workplace and enters the workplace, usually on the pretence of being a customer, to commit a robbery or other violent act. Also, workers may be victimized by strangers outside the "traditional" workplace, but while acting within the course and scope of their employment.
(2) 
Violence by customers/clients.
(a) 
In these incidents, the violence is committed by someone who receives a service provided by a business, such as a current or former customer, client or patient, a passenger, a criminal suspect or a prisoner. The violence can be committed in the workplace or outside the "traditional" workplace with service providers, while performing a job-related function.
(b) 
Violence of this category is divided into two sub-types.
[1] 
The first type involves people who may be inherently violent such as prison inmates, mental health service recipients, or other client populations.
[2] 
The second type involves people who are not known to be inherently violent, but are situationally violent. Something in the situation induces an otherwise nonviolent customer or client to become violent. Typically, provoking situations are those which are frustrating to the client or customer, such as denial of needed or desired services or delays in receiving such services.
(3) 
Violence by coworkers. In coworker incidents, the perpetrator has an employment relationship with the workplace. The perpetrator can be a current or former employee, a prospective employee, a current or former supervisor, manager, or contractor. Coworker violence that occurs outside the workplace, which resulted or arose from the employment relationship, is also included in this category. This type can again be divided into two types:
(a) 
Violence between supervisors and subordinates;
(b) 
Violence between worker at the same level.
(4) 
Violence by personal relations. In personal relationship incidents, the violence is committed by someone who has a personal relationship with the worker, such as a current or former spouse or partner, a relative or friend. Also included in this category is the perpetrator who has a personal dispute with the worker and enters the workplace to harass, threaten, injure or kill. Such incidents are referred to as domestic violence in the workplace.
G. 
Employee acknowledgement. All employees of the Town of Thompson shall be provided with a copy of this workplace violence prevention policy and will sign an acknowledgement confirming receipt thereof, which acknowledgement shall be maintained in each employee's personnel file.