As used in this article, the following terms shall have the
meanings indicated:
CITY
The City of Newburgh of the State of New York, unless otherwise
specified.
EMPLOYEE
An officer, official, employee, agent, contractor or volunteer
working for the City of Newburgh.
WORKPLACE
Any location away from an employee's domicile, permanent
or temporary, where an employee performs any work-related duty in
the course of his or her employment by the City of Newburgh.
SUPERVISOR
Any person within the City's organization who has the
authority to direct and control the work performance of an employee,
or who has the authority to take corrective action regarding the violation
of a law, rule, regulation or policy as to which an employee submits
written notice; and includes department heads, acting department heads,
deputy department heads and their designees.
RETALIATORY ACTION
The Discharge, suspension, demotion, penalization, or discrimination
against any employee or other adverse employment action taken against
an employee under the terms and conditions of employment.
VIOLENCE and/or WORKPLACE VIOLENCE
Any physical assault, acts of aggressive behavior including
but not limited to verbal threats, displays of force, stalking or
other threatening behavior that reasonably rises to the level of perception
of potential violence occurring in the workplace, including with or
without the use of any means, weapon or instrumentality.
A. THREATENING or NONEMERGENCY — A person, through intimidating
words or gestures, has induced fear and apprehension of physical or
other harm in another person but there is no immediate danger of such
harm being inflicted.
B. EMERGENCY — A situation where an injury has occurred or there
is an immediate threat of physical harm.
The following activities are prohibited by City employees, and
engaging in such activities is considered misconduct subject to disciplinary
action up to and including termination, consistent with City policies,
rules, regulations and collective bargaining agreements:
A. Verbal or physical conduct that demonstrates explicit or implicit
ridicule, mockery, derision or belittlement of any person.
B. Any offensive or derogatory remarks based on race, color, sex, age,
religion, sexual orientation or preference or national origin, either
directly or indirectly, to another person. Such harassment is a prohibited
form of discrimination under state and federal employment law.
C. Any verbal or physical conduct that has the purpose or effect of
substantially interfering with the employee's ability to do his
or her job.
D. Any verbal or physical conduct that has the purpose or effect of
creating an intimidating, hostile or offensive working environment.
E. Intentional physical contact for the purpose of causing harm, such
as, but not limited to, slamming, stabbing, punching, striking, shoving
or other physical attack.
F. Menacing or threatening behavior, such as, but not limited to, throwing
objects, pounding on a desk or door, damaging property, stalking or
otherwise acting aggressively, or making oral or written statements
specifically intended to frighten, coerce or threaten, where a reasonable
person would interpret such behavior as constituting evidence of intent
to cause harm to individuals or property.
G. Possession of firearms, imitation firearms, knives or other dangerous
weapons, including but not limited to chemical/biological weapons,
instruments or materials, except as permitted by law, rule or regulation.
Nothing in this article shall be deemed to alter, amend or negate
any general order, procedure, operation, rule, practice or other directive
applicable to the carrying out of the duties of any police officer,
firefighter or other law enforcement officer or emergency response
officer.