[HISTORY: Adopted by the Board of Trustees
of the Village of Newark Valley 1-8-1979 by Res. No. 4-79, as
revised through 1-3-1991. Subsequent amendments noted where applicable.]
[Amended 10-3-1994 by L.L. No. 1-1994; 4-11-2006 by L.L. No.
1-2006; 4-10-2007 by Res. No. 23-07]
A.
Applications. Each new employee will be required to
fill out an application for employment. This application will list
experience, previous employment, etc.
B.
Physicals. All new employees may be required, at the
discretion of the Board, to have a physical examination, for which
the Board shall reimburse the employee, upon receipt of a paid bill
in an amount as set by resolution of the Board of Trustees.[1]
[1]
Editor's Note: The current amount is set forth
in the fee schedule on file in the Village Clerk-Treasurer's office.
C.
Appointment. New employees may be hired on a part-time
or full-time basis.
(1)
Part-time employees will not be covered by employee
benefits.
(2)
Full-time employees will serve a probationary period
of six months before receiving permanent appointment. At the end of
the probationary period, the department head shall make a written
evaluation of the employee's performance and ability and shall make
a recommendation to the Board. After review, the Board shall either
give the employee permanent appointment or it will dismiss the employee.
Full-time employees will receive employee benefits from the date of
employment.
D.
The entry-level wage scale/salary set by the Board
of Trustees may be modified where a new employee has had previous
experience in a field specifically related to a skill either required
or particularly valuable on the job.
[Amended 4-11-2006 by L.L. No. 1-2006; 4-10-2007 by Res. No.
23-07]
A.
Working hours. The regular working hours for the Public
Works Department shall be established by the Board of Trustees. The
Supervisor of Public Works may, with the permission of the Board,
vary these hours to meet his work requirements. Each employee shall
be allowed an unpaid half hour for lunch and a paid morning and afternoon
rest break of 15 minutes each.
B.
Time sheets. All employees of the Public Works Department
are required to fill out weekly time sheets, which shall be returned
to the Village Clerk-Treasurer at the end of each week. Every Friday
the Supervisor of Public Works will go over time cards with each employee,
and, upon agreeing, both the Supervisor and the employee involved
will sign them, and the Supervisor will turn them into the office
the following Monday morning.
C.
Duty. All employees shall be available in emergencies
and shall work in any department necessary.
D.
Compensatory time.
(1)
In the event that an employee is required to work
overtime and exceeds the regular forty-hour week, he shall be given
compensatory time off in the same amount as the overtime, or given
overtime, at the discretion of the department head. No employee may
take such compensatory time without authorization of the department
head or the Village Board through the Mayor. Any unauthorized leave
shall be deducted from the employee's salary. Such compensatory time
shall be listed on the time sheets. As compensatory time is accrued,
it must be taken during the quarterly pay period in which it accrued
or in the pay period immediately following. Compensatory time shall
not be cumulative and may not be applied to vacation time. The compensatory
time policy does not apply to the department heads. The office will
use flex-time whenever possible.
(2)
Should the Supervisor determine that the Village work
schedule cannot be met due to extraordinary accumulation of compensatory
time and/or emergency, he may request emergency overtime for the public
works employees. The Mayor, by authority granted by the Board of Trustees,
may approve or deny the request depending on the emergency situation
and/or budget considerations.
(3)
In the case of authorized emergency overtime, employees
shall be paid at the overtime rate of time and a half for all hours
exceeding the regular forty-hour week.
E.
Leaving the Village. When an employee leaves the Village
on Village business, the department heads or one of two department
heads must be notified.
F.
Village equipment.
(1)
Employee use of vehicles. No Village vehicle shall
be used by any employee or officer of the Village for any purpose
other than the official business of the Village. Personal use of a
Village vehicle is strictly prohibited.
(a)
No employee driving a Village vehicle on Village
business may at any time allow any person to ride in the vehicle as
a passenger other than another employee engaged in Village business,
an authorized public officer engaged in Village business or a town
employee temporarily engaged in Village business.
(b)
No Village employee or officer of the Village
shall be allowed the use of a Village vehicle for personal use, even
while on call.
(2)
Employees shall not allow Village equipment to be
taken from the Municipal Building or other Village buildings without
the prior approval of the Board. They shall not allow any person to
drive or to be a passenger in a Village vehicle, except on specific
authorization of the Board.
G.
Use of licenses and training. Any and all licenses, certifications
and other professional qualifications obtained by any and all employees
at the cost of the Village and/or by the Village paying for training
of the employee shall be deemed solely for the benefit of the Village
and its taxpayers/residents. The Village shall be entitled to obtain
a return on its investment in the training of any such employee. In
the event that an employee or former employee shall use the same for
any endeavor, the Village shall be entitled to be recompensed for
the remaining value of such certification and/or training to be determined
from time to time by resolution of the Village Board and filed with
the Village Clerk.
[Added 1-8-2019 by L.L.
No. 2-2019[1]]
H.
Noncompetition. No employee shall conduct any business within the
corporate limits of the Village that is in competition with any function
of the Village that generates fees for the Village, unless he/she
first obtains Board approval.
[Added 1-8-2019 by L.L.
No. 2-2019]
I.
Leave of absence. Requests for leaves without pay
must be submitted to the Board at least two weeks in advance, except
in cases of emergencies. The Board, at its option, may permit or deny
leave of absence requests, depending upon work requirements.
J.
Injured on job. Where a Village employee is injured
in the course of his duties with the Village, it shall be the policy
of the Village to hold the position open for the injured employee
up to six months if medically required and certified. At the end of
that period, the employee will be notified to report for work or the
position will be declared vacated by the employee.
K.
Resignation and termination. All resignations should
be in writing and submitted to the Board. Department heads should
give advance notice of one month. All other employees shall give two
weeks' notice. No employee shall be terminated without just cause,
and all shall receive a hearing by the Board prior to termination.
[Amended 4-11-2006 by L.L. No. 1-2006; 4-10-2007 by Res. No.
23-07]
A.
Uniforms and equipment. All employees of the Public
Works Department shall be provided with uniforms as set by the Board
of Trustees.
B.
Wages. The department head shall evaluate each employee
annually and present this evaluation to the Personnel Committee for
review. Each year, all employees' wages shall be reviewed. Any increases
will be considered on a cost-of-living and a merit basis, and any
changes will take effect on the first full pay period of the following
March.
C.
Vacations.
(1)
If, on March 1, an employee has been employed less
than 12 months, including the probationary period, he shall be entitled
to one day for every month of employment up to and not to exceed 10
working days' paid vacation during that year; 12 months: two weeks
paid vacation.
(2)
All full-time employees with five or more years of
full-time service with the Village shall be entitled to a third week
of vacation. The third week of vacation may not be taken during July
or August. The Village Clerk-Treasurer shall keep a record of all
vacation time. Vacation time shall not accumulate except on authorization
of the Board by resolution.
(3)
Part-time, non-exempt employees will be entitled to
one week paid vacation, not to exceed the hours worked in a normal
work week. If, on March 1, an employee has been employed less than
12 months, he shall be entitled to one day for every month of employment
up to and not to exceed five working days' paid vacation during that
year. Anyone hired after April 10, 2007 is not eligible.
D.
Sick leave/personal time. An employee may take a maximum
of 12 days of sick leave/personal time each calendar year. In the
event that an employee does not report for work, the department head
must be notified. Sick leave/personal time records will be kept for
each employee. Sick leave/personal time may not be accumulated from
one year to the next.
F.
Floating holidays. Village employees shall be granted
a floating holiday, which may be granted at the department head's
discretion, dependent upon the Village work schedule.
G.
Schooling and conferences. Any employee wishing to
attend, during his work hours, a special school or a conference for
Village employees which is directly related to his job may make such
a request of the Board. Upon approval, the Board will adopt a resolution
authorizing the attendance of the employee at such conference or school
and specifying the amount of reimbursement for expenses incurred.
H.
Holiday pay. Any employee required to work on a paid
holiday for snow removal or other Village emergency shall be paid
for that day at an overtime rate of time and a half. Such policy shall
apply only to paid holidays.
I.
Family death. Employees shall be allowed up to three
days' leave with pay for a death in the immediate family: mother,
father, spouse, son or daughter, sister or brother, mother-in-law,
father-in-law, sister-in-law or brother-in-law, stepmother, stepfather,
stepson, stepdaughter, stepsister, stepbrother, grandparents and domestic
partner. For deaths in the family other than those listed above, employees
are entitled to one day of leave with pay.
B.
Any employee retiring from the Village and working
for the Village at the time of retirement the minimum of 10 years
of Village employment shall be eligible for a continued Village contribution
to the employee health insurance plan, for the cost of single insurance
as the same is allowed to current employees, whether the employee
has single, spousal or family plan coverage, as the contribution may
be defined from time to time by the Village Board, commencing at the
time the employee is eligible to receive distribution of retirement
benefits from the New York State Retirement System and ending at such
time as Medicare becomes the major insurer, at which time the employee
will have to pick up his/her own secondary insurer for him/herself.
The retired employee is wholly responsible for ensuring that his/her
share of the health insurance premium is in the hands of the Clerk-Treasurer
before the due date of the payment, and if the payment is not received
in the Village office by the deadline, the health insurance plan for
the employee shall be terminated.
[Added 8-12-1991 by Res. No. 31-91;
amended 11-8-2016 by L.L. No. 2-2016]
C.
The Village shall contribute to the health insurance cost for any retired employee with over 10 years of service who elects to remain on the Village health insurance plan and who has not yet reached Medicare eligibility in the same amount as it contributes in Subsection A above, if he/she has elected the family plan, he/she may elect to receive the same family plan overall rate as regular employees, except that he/she must pay all amounts over the amounts the Village contributes for single plan coverage pursuant to Subsection A above directly to the Village Clerk-Treasurer. The retired employee is wholly responsible for ensuring that his/her share of the family health plan is in the hands of the Clerk-Treasurer before the due date of the payment, and if the payment is not received in the Village office by the deadline, the health insurance will be terminated.
[Amended 11-8-2016 by L.L. No. 2-2016]
D.
If a retired employee's spouse reaches the age where
Medicare becomes the primary insurer and the Village the secondary
insurer before the retiree has reached Medicare eligibility, the retiree
and his spouse will be required to apply for separate policies. The
Village will pay for the retiree's individual policy on the same basis
as for all regular employees, and the retiree is responsible for picking
up the amount on the spouse's policy, which shall be paid to the Clerk-Treasurer
on the same basis as above.
E.
If the opposite shall be true and the retired employee
becomes eligible for Medicare before the spouse, they will still be
required to apply for separate policies. The Village will pick up
the costs for coverage as secondary insurer, and the employee will
be responsible for picking up the spousal policy.
F.
All Village employees shall be urged before retirement
to seek insurance counseling service from the Tioga County Office
for the Aging.
G.
The Clerk-Treasurer is hereby directed to send a copy
of this section to any retired employee on the Village health insurance
plan and to all current employees.
All new employees shall receive a copy of the
personnel policies and regulations, and all employees shall receive
a written copy of any resolution passed by the Board effecting a change
in the personnel policies.
[Added 6-3-1996 by Res. No. 16-96]
A.
The Board of Trustees of the Village of Newark Valley
hereby adopts the finalized drug-free workplace policy as presented
by the Personnel Committee.
B.
This policy is to be added to the Village employee
policies, and the Clerk-Treasurer is hereby directed to send a copy
of the policy to Tioga County Safety, which will be administering
the training.
C.
This policy is to be given to the employees to read
and an agreement to be signed, dated, and placed in the personnel
files upon their agreed-upon approval. This to be done from here on
at the time of hiring.
[Added 6-3-1996 by Res. No. 17-96]
A.
The Board of Trustees of the Village of Newark Valley
hereby adopts a waiver of the residency requirement, thereby allowing
an employee/official to be employed by the Village if the qualifications
have been met and no applicants have been forthcoming from the Village.
B.
It is understood that if there is an interested Village
applicant with the necessary qualifications, he or she must have the
first opportunity to accept.
[Added 5-8-2000 by L.L. No. 3-2000]
The Village of Newark Valley believes in the
dignity of the individual and recognizes the right of any person to
equal opportunities. In this regard, the Village has had a long-standing
practice of protecting and safeguarding the rights and opportunities
of any person who might either seek or obtain employment with or volunteer
for the Village without being subjected to illegal discrimination
or harassment in the workplace. Solely for the purposes of this policy,
the term "employee" shall also include a volunteer.
A.
Policy. In addition to prohibiting illegal discrimination
on the basis of race, color, sex, religion, age, disability, marital
status, military status, or national origin or other unlawful conduct,
the Village of Newark Valley also prohibits the illegal harassment
of its employees or officers in any form. The Village will take all
steps necessary to prevent and stop the occurrence of any illegal
discrimination or harassment in the workplace.
(1)
This policy applies to all Village officers and employees
and all individuals who serve as contractors to the Village. Depending
on the extent of the exercise of control, this policy may be applied
to the conduct of those who are not officers or employees or contractors
of the Village with respect to illegal discrimination or illegal harassment
of Village officers or employees in the workplace.
(2)
The Village and this discrimination and harassment policy prohibit conduct that is illegal under state or federal law, including but not limited to the inappropriate forms of behavior described in Subsection B, Definition of sexual harassment.
(3)
Department heads and supervisory personnel are responsible
for ensuring a work environment free from unsolicited, unwelcome,
and intimidating unlawful discrimination or harassment. These individuals
must take immediate and, if authorized, appropriate corrective action
when allegations of illegal discrimination or harassment come to their
attention to assure compliance with this policy. Should a department
head or supervisor not be authorized to take corrective action, the
matter shall be referred to the individual or body, as the case may
be, having that authority.
(4)
A person who is found to have committed an act of
unlawful discrimination or harassment or other inappropriate behavior
will be subject to disciplinary action in accordance with the provisions
of a negotiated labor agreement or state law, as may be appropriate.
Additionally, retaliation against someone who has complained about
prohibited discrimination or harassment is strictly prohibited as
is retaliation against an individual who cooperates with an investigation
of a discrimination or harassment complaint. Any such retaliatory
conduct is illegal and will result in disciplinary action against
the retaliator, if that person is an officer, employee, or volunteer
of the Village. Intimidation, coercion, threats, reprisals, or discrimination
against any person for complaining about unlawful discrimination or
harassment, as described in this policy, is prohibited.
(5)
All Village officers and employees will be held responsible
and accountable for avoiding or eliminating the conduct prohibited
by this policy. Individuals are encouraged to report violations of
this policy to their supervisor or to a member of the Discrimination/Harassment
Committee. This Committee shall consist of two members of the Village
Board, to be appointed annually by the Mayor.
B.
Definition of sexual harassment.
(1)
Sexual advances that are not welcome, requests for
sexual favors, and other verbal or physical conduct with sexual overtones
constitute sexual harassment when:
(a)
Submission to such conduct is made, either explicitly
or implicitly, a term or condition of an individual's work;
(b)
Submission to or rejection of such conduct by
an individual is used as the basis for work decisions, such as promotion,
transfer, or termination, affecting such individual; or
(c)
Such conduct has the purpose or effect of unreasonably
interfering with an individual's work performance or creating an intimidating,
hostile, or offensive working environment.
(2)
Sexual harassment refers to behavior that an individual
does not welcome; that is personally offensive; that fails to respect
the rights of others; that lowers morale and that, therefore, interferes
with an individual's work performance and effectiveness; or that creates
an intimidating, hostile, or offensive working environment. Specific
forms of behavior that the Village would consider sexual harassment
include, but are not limited to, the following:
(a)
Verbal harassment: abusive verbal language related
to a person's sex, including sexual innuendos; slurs; suggestive,
derogatory, or insulting comments or sounds; whistling; jokes of a
sexual nature; sexual propositions; and threats; included would be
any sexual advance that is unwelcome or any demand for sexual favors.
(b)
Nonverbal harassment: abusive written language,
showing or displaying pornographic or sexually explicit objects or
pictures, graphic commentaries, leering or obscene gestures in the
workplace such that it unreasonably interferes with an individual's
work performance or creates an intimidating, hostile, or offensive
working environment.
(c)
Physical harassment: any physical contact which
is not welcome, including touching, petting, pinching, coerced sexual
intercourse, assault, or persistent brushing up against a person's
body.
C.
Procedure.
(1)
Any Village officer or employee is encouraged to report
an incident of suspected illegal discrimination or harassment to a
department head or to the Discrimination/Harassment Committee as soon
as possible after an alleged incident. A victim does not have to be
the opposite sex of the harasser. The harasser does not have to be
victim's immediate supervisor. The harasser could be an agent of a
supervisor, another supervisor, a coworker, or even someone not on
the payroll of the Village who might have occasion to appear at a
work site or enter a Village building or facility. A victim of sexual
harassment does not necessarily have to be the person at whom unwelcome
sexual conduct is directed. Such an individual could be someone who
is affected by such conduct when it is directed toward another person,
thereby creating a hostile work environment. Such conduct is unlawful
and is prohibited by the Village and by this policy.
(2)
Should an officer or employee believe that he or she
has been discriminated against or harassed and would like guidance
as to how to proceed in filing a complaint, that individual should
review the Village's discrimination and harassment complaint procedure
or contact any member of the Discrimination/Harassment Committee for
assistance.
(3)
Should an individual file a complaint, the procedures
of the Discrimination/Harassment Committee must be followed, including
the time limit of 180 days. The procedures describe the steps to be
taken when an individual has filed a complaint, detail the responsibilities
of all involved parties, and provide the time frames for actions to
be taken.
(4)
All complaints will be handled in a timely and confidential
manner. In no event will information concerning a complaint be released
by the Village to any third party or to anyone within Village government
who is not directly involved with or in the investigation. A breach
of this prohibition will result in disciplinary action.
(5)
The investigation of a complaint will normally include
conferring with the parties involved and any named or apparent witnesses.
The particular facts of the allegation will be examined individually,
with a review of the nature of the behavior and the context in which
the incident or incidents occurred. Confidentiality will be maintained
throughout the investigatory process. The Discrimination/Harassment
Committee will also investigate cases in which a supervisor requests
or requires assistance.
(6)
An individual who believes that he or she has been
unjustly charged with illegal discrimination or harassment will be
afforded every opportunity to offer and present information relevant
to the complaint. Any such information will be confidential.
(7)
A person who participates in this procedure may do
so without fear of retaliation. Retaliation against anyone who has
filed a complaint under this policy is prohibited and may well be
a violation of federal or state law. Any such retaliation will result
in disciplinary action.
(8)
A person who is found to have committed an act of
illegal discrimination or harassment will be subject to disciplinary
action in accordance with the provisions of a negotiated labor agreement
or state law, as may be appropriate.
(9)
Nothing in this policy should be construed to limit
an individual's existing right to file a complaint with the New York
State Division of Human Rights or the United States Equal Employment
Opportunity Commission or to take any legal action which he or she
may deem advisable.
D.
Discrimination and harassment complaint procedure.
(1)
Step one.
(a)
An aggrieved person, hereafter referred to as
the "complainant," will meet with his or her department head to discuss
an allegation of discrimination or harassment and may file a complaint
of discrimination or harassment. If a complaint is filed, the department
head shall send a signed complaint on a form available from the Village
to the Discrimination/Harassment Committee. Should an individual feel
uncomfortable raising an issue of alleged illegal discrimination or
harassment with a department head, any other department head or a
member of the Discrimination/Harassment Committee may be approached.
Verbal complaints may be handled informally.
(b)
Any written complaint must be filed by a complainant
within 180 days of an alleged act of discrimination or harassment
on a form available from the Village.
(c)
The complainant may withdraw his or her complaint
at any time by filing a notice in writing on a form available from
the Village.
(2)
Step two.
(a)
When a written complaint is filed, the department
head or Committee member shall have 15 working days to try to resolve
the allegation informally by:
(b)
Regardless of whether the complaint is written
or verbal, if a resolution is achieved by a department head, he or
she will prepare a statement that the complaint has been resolved.
All parties must sign the statement, which shall be sent to the Discrimination/Harassment
Committee. The case will be considered closed.
(c)
If a complaint is not resolved, it will be turned
over to the Discrimination/Harassment Committee. The Committee will
investigate the complaint, call witnesses to appear before the Committee,
and review any other evidence the Committee feels is credible and
probative of the allegation or allegations. Notice of the complaint
must be given to the accused, who shall also be afforded an opportunity
to appear before the Committee, with or without counsel, if he or
she so desires. The Committee will have 10 working days to investigate
the complaint and an additional 10 working days to render a decision.
(d)
Written notice of the Committee's decision will
be given to both the complainant and the accused.
[Added 5-10-2004 by L.L. No. 3-2004]
A.
It is the policy of the Village of Newark Valley to
fully comply with the provisions and spirit of the Americans with
Disabilities Act (ADA) and ensure equal employment opportunity for
all qualified persons with disabilities. All employment practices,
such as recruitment, hiring, promotion, demotion, layoff and return
from layoff, compensation, job assignments, job classification, paid
or unpaid leave, fringe benefits, training, and employer-sponsored
activities, including recreational or social programs, will be conducted
so as not to discriminate unlawfully against persons with disabilities.
This also extends to prohibit discrimination based on a person's relationship
or association with a disabled individual. Reasonable accommodation
is available to all qualified employees and applicants with disabilities,
unless it imposes an undue hardship on the operations of a program.
B.
Pre-employment inquiries are made only regarding an
applicant's ability to perform the duties of the position, not any
disabling condition. Pre-employment physical exams will only be requested
when in compliance with the law. The Village of Newark Valley intends
to base employment decisions on principles of equal employment opportunity
and nondiscrimination, as defined by law.
C.
Qualified individuals with disabilities are entitled
to equal pay and other forms of compensation (or changes in compensation),
along with work assignments, classification, seniority, leave and
all other forms of employment compensation or advantage.
D.
The Village of Newark Valley has designated the Mayor
as the person designated to accept discrimination claims and monitor
compliance with efforts to ensure the municipality's compliance with
the ADA and to receive complaints of discrimination against disabled
persons. Any person who believes he or she is a victim of discrimination
can direct a written complaint to this person. This procedure is not
intended to restrict an individual's rights to make a complaint to
a federal or state agency.
E.
The Village of Newark Valley's policy is to investigate
all such complaints thoroughly and promptly. To the fullest extent
practical, the Village of Newark Valley will keep complaints and their
resolutions confidential. If an investigation confirms the discrimination
has occurred, the Village of Newark Valley will take corrective action,
including any discipline that is appropriate up to and including immediate
termination of employment. The Village of Newark Valley will cooperate
with any state or federal agency in the investigation of any complaints.
F.
This directive is for municipal use only and does
not apply in any criminal or civil proceeding. The municipal policy
shall not be construed as a creation of higher legal standard of safety
or care in an evidential sense with respect to third-party claims.
Violations of this directive will only form the basis for municipal
administrative sanctions. Violations of law will form the basis for
civil and criminal sanctions and a recognized judicial setting.
[Added 5-10-2004 by L.L. No. 4-2004]
A.
The Village of Newark Valley is an equal opportunity
employer. Discrimination on the basis of race, color, sex, religion,
age, national origin, marital status, disability or veteran status
will not be tolerated.
B.
This policy applies to all terms and conditions of
employment, including but not limited to employment advertising, hiring,
placement, compensation, training, promotion, demotion, termination,
layoff, transfer, disciplinary actions, leave of absence or any other
benefits. Discrimination based on any of the above is strictly prohibited,
and any supervisor, administrator or employee who engages in or tolerates
such behavior is subject to disciplinary action in accordance with
the Civil Service Law, collective bargaining agreements or any other
applicable state or federal law.
C.
If an employee believes he or she has encountered
violations of this policy, he or she may advise his or her department
head. In addition, an employee can file a written complaint with the
Mayor, as the person designated to accept the complaint, within 30
calendar days of the incident. Retaliation against the complainant
will not be tolerated. False accusations will be treated as a disciplinary
offense and will result in the same level of punishment as that applied
to one who engages in such behavior.
D.
The Village of Newark Valley's policy is to investigate
all such complaints. If an investigation confirms that a violation
has occurred, the Village of Newark Valley will take corrective action,
including any discipline that is appropriate, up to and including
immediate termination of employment.
E.
This directive is for municipal use only and does
not apply in any criminal or civil proceeding. The municipal policy
shall not be construed as a creation of a higher legal standard of
safety or care in an evidential sense with respect to third-party
claims. Violations of this directive will only form the basis for
municipal administrative sanctions. Violations of law will form the
basis for civil and criminal sanctions and a recognized judicial setting.
[Added 5-14-2013 by L.L. No. 2-2013]
A.
Purpose. Village of Newark Valley maintains a zero-tolerance standard
of violence in the workplace. The purpose of this policy is to provide
Village of Newark Valley employees guidance that will maintain an
environment at and within Village of Newark Valley property and events
that is free of violence and the threat of violence.
B.
Policy. Violent behavior of any kind or threats of violence, either
implied or direct, are prohibited by the Village of Newark Valley,
in properties and at Village of Newark Valley sponsored events. Such
conduct by a Village of Newark Valley employee will not be tolerated.
An employee who exhibits violent behavior may be subject to criminal
prosecution and shall be subject to disciplinary action up to and
including dismissal. Violent threats or actions by a nonemployee may
result in criminal prosecution. The Village of Newark Valley will
investigate all complaints filed and will also investigate any possible
violation of this policy of which we are made aware. Retaliation against
a person who makes a complaint regarding violent behavior or threats
of violence made to him/her is also prohibited.
C.
COURT ORDER
INTIMIDATION
THREAT
WORKPLACE VIOLENCE
ZERO-TOLERANCE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An order by a court that specifies and/or restricts the behavior
of an individual. Court orders may be issued in matters involving
domestic violence, stalking or harassment, among other types of protective
orders, including temporary restraining orders.
Making others afraid or fearful through threatening behavior.
The implication or expression of intent to inflict physical
harm or actions that a reasonable person would interpret as a threat
to physical safety or property.
Behavior in which an employee, former employee or visitor
to a workplace inflicts or threatens to inflict damage to property,
serious harm, injury or death to others at the workplace.
A standard that establishes that any behavior, implied or
actual, that violates the policy will not be tolerated.
D.
Prohibited behavior.
(1)
Violence in the workplace may include, but is not limited to, the
following list of prohibited behaviors directed at or by a coworker,
supervisor or member of the public:
(a)
Direct threats or physical intimidation.
(b)
Implications or suggestions of violence.
(c)
Stalking.
(d)
Possession of weapons of any kind on Village of Newark Valley
property, including parking lots, other exterior premises or while
engaged in activities for Village of Newark Valley in other locations,
or at Village of Newark Valley sponsored events, unless such possession
or use is a requirement of the job.
(e)
Assault of any form.
(f)
Physical restraint or confinement.
(g)
Dangerous or threatening horseplay.
(h)
Loud, disruptive or angry behavior or language that is clearly
not part of the typical work environment.
(i)
Blatant or intentional disregard for the safety or well-being
of others.
(j)
Commission of a violent felony or misdemeanor on Village of
Newark Valley property.
(k)
Any other act that a reasonable person would perceive as constituting
a threat of violence.
(2)
Domestic violence.
(a)
Domestic violence, while often originating in the home, can
significantly impact workplace safety and the productivity of victims
as well as coworkers. For the purposes of this document, "domestic
violence" is defined as abuse committed against an adult or fully
emancipated minor. Abuse is the intentional reckless attempt to cause
bodily injury, sexual assault, threatening behavior, harassment, or
stalking, or making annoying phone calls to a person who is in any
of the following relationships:
(b)
Village of Newark Valley recognizes that domestic violence may
occur in relationships regardless of the marital status, age, race,
or sexual orientation of the parties.
E.
Reporting acts or threats of violence. An employee who is the victim
of violence, or believes that he/she has been threatened with violence,
or witnesses an act or threat of violence towards anyone else shall
take the following steps:
(1)
If an emergency exists and the situation is one of immediate danger,
the employee shall contact the local police officials by dialing 9-1-1,
and may take whatever emergency steps are available and appropriate
to protect himself/herself from immediate harm, such as leaving the
area.
(2)
If the situation is not one of immediate danger, the employee shall
report the incident to the appropriate supervisor or manager as soon
as possible and complete the Village of Newark Valley Workplace Violence
Incident Report Form.
F.
Procedures: future violence.
(1)
Employees who have reason to believe they, or others, may be victimized
by a violent act sometime in the future, at the workplace or as a
direct result of their employment with Village of Newark Valley, shall
inform their supervisor by immediately completing a Workplace Violence
Incident Report Form so appropriate action may be taken. The supervisor
shall inform his/her department director or designee, the Director
of Human Resources and the local law enforcement officials.
(2)
Employees who have signed and filed a restraining order, temporary
or permanent, against an individual due to a potential act of violence,
who would be in violation of the order by coming near them at work,
shall immediately supply a copy of the signed order to their supervisor.
The supervisor shall provide copies to the department director, the
Director of Human Resources and local police.
G.
Incident investigation.
(1)
Acts of violence or threats will be investigated immediately in order
to protect employees from danger, unnecessary anxiety concerning their
welfare, and the loss of productivity. The employee's department
director will cause to be initiated an investigation into potential
violation of work rules/policies. Simultaneously, the department director
will refer the matter to local police for their review of potential
violation of civil and/or criminal law.
(2)
Procedures for investigating incidents of workplace violence include:
(a)
Visiting the scene of an incident as soon as possible.
(b)
Interviewing injured and threatened employees and witnesses.
(c)
Examining the workplace for security risk factors associated
with the incident, including any reports of inappropriate behavior
by the perpetrator.
(d)
Determining the cause of the incident.
(e)
Taking mitigating action to prevent the incident from recurring.
(f)
Recording the findings and mitigating actions taken.
(3)
In appropriate circumstances, the Village of Newark Valley will inform
the reporting individual of the results of the investigation. To the
extent possible, the Village of Newark Valley will maintain the confidentiality
of the reporting employee and the investigation but may need to disclose
results in appropriate circumstances; for example, in order to protect
individual safety. The Village of Newark Valley will not tolerate
retaliation against any employee who reports workplace violence.
H.
Mitigating measures. Incidents which threaten the security of employees
shall be mitigated as soon as possible following their discovery.
Mitigating actions include:
(1)
Notification of law enforcement authorities when a potential criminal
act has occurred.
(2)
Provision of emergency medical care in the event of any violent act
upon an employee.
(3)
Post-event trauma counseling for those employees desiring such assistance.
(4)
Assurance that incidents are handled in accordance with the Workplace
Violence Prevention Policy.
(5)
Requesting that the Village of Newark Valley's attorney file
a restraining order as appropriate.
I.
Training and instruction.
(1)
The Village of Newark Valley Human Resources Department shall be
responsible for ensuring that all employees, including managers and
supervisors, are provided training and instruction on general workplace
security practices. Department directors shall be responsible for
ensuring that all employees, including managers and supervisors, are
provided training and instructions on job-specific workplace security
practices.
(2)
Training and instruction shall be provided as follows:
(a)
To all current employees when the policy is first implemented.
(b)
To all newly hired employees, supervisors and managers, or employees
given new job assignments for which specific workplace security training
for that job assignment has not previously been provided.
(c)
To affected employees whenever management is made aware of a
new or previously unrecognized hazard.
(3)
Workplace security training and instruction includes, but is not
limited to, the following:
(4)
In addition; specific instructions shall be provided to all employees
regarding workplace security hazards unique to their job assignment.
