Resolution No. 74911
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RESOLUTION NO. 7491
A Resolution Of The City Council Of The City Of
Vernon Approving Revision No. 2 To City Of Vernon
Safety Program, April 1991
WHEREAS, the City of Vernon, by Resolution No. 5925 on
May 21, 1991, approved the City of Vernon Safety Program; and
WHEREAS, the City of Vernon, by Resolution No. 6722 on
December 5, 1995, approved Revision No. 1 to the City of Vernon Safety
Program; and
WHEREAS, the City's Safety Committee has reviewed said
Program and recommended certain revisions pursuant to CAL -OSHA
guidelines for Work Place Security, to guarantee that the City's
program will provide effective injury prevention and will be consistent
with the methods and procedures currently used.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves Revision No. 2 to City of Vernon Safety Program, a copy of
which has been presented to the City Council concurrently with this
resolution.
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SECTION 3: The City Council hereby orders said Revision No.
2-to be received and filed by the City Clerk.
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and thereafter
the same shall be in full force and effect.
APPROVED AND ADOPTED this 15th day of February, 2000.
ATTEST• ^�
B UCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7491, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Tuesday, February 15,
2000, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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SUPPORTING
DOCUMENTS
OFFICE OF THE CITY ADMINISTRATOR/CITY CLERK
INTER -OFFICE MEMORANDUM
TO: Joan Francone, Risk Manager/Personnel Assistant
FROM: Gloria J. Orosccehief Deputy City Clerk
DATE: February 24, 2000
RE: Resolution No. 7491
Transmitted herewith is a copy of Resolution No. 7491 that was
approved by City Council on February 15, 2000.
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
February 3, 2000
City Council
City of Vernon
Honorable Members:
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
This Council previously approved Resolution No. 5925 on May 21,
1991, approving the adoption of the City of Vernon Safety
Program and which was amended in December 1995 to include
additional sections more administrative in content.
The Risk Manager advises that, pursuant to CAL -OSHA guidelines
for Work Place Security, the addition of a Violence Free
Workplace Policy (VFWP) is necessary.
Transmitted herewith is a proposed VFWP, which has been reviewed
by the Risk Manager/Personnel Assistant. It is hereby
recommended that the proposed VFWP be approved, and that the
Safety Program be amended to include same.
Very truly yours,
Bruce V. Malkenhorst
City Clerk
BVM/gst
MEMORANDUM
TO: Eddie Olivo, City Attorney
FROM: Joan Francone, Risk Manager/Personnel Assistant
DATE: February 1, 2000
.- A�At)
c
SUBJECT: VIOLENCE FREE WORKPLACE POLICY — SB 198 SAFETY PROGRAM
REVISION
Pursuant to the requirements of Senate Bill 198, the City of Vernon adopted the City
of Vernon Safety Program on May 21, 1991 (see Resolution 5925).
Subsequently, the program was revised to include sections more administrative in
content (see Resolution 6722 adopted December 5, 1995, Revision No. 1).
The City again wishes to revise its City of Vernon Safety Program.
Pursuant to Cal-Osha guidelines for Work Place Security, the City would like to
include a Violence Free Workplace Policy to be added as Chapter XIV.
The City Administrator has approved the revision.
Please review the attached policy and, if acceptable, prepare for Council adoption as
City of Vernon Safety Program, Revision No. 2.
Please contact me if there are any questions.
JF/ca
Enclosures
c: Bruce V. Malkenhorst, w/o enclosures
w,
QMEMORANDUM
TO: Bruce V. Malkenhorst, City Administrator
FROM: Joan Francone, Risk Manager/Personnel Assistant
DATE: January 26, 2000
SUBJECT: VIOLENCE FREE WORKPLACE POLICY — RECOMMENDATION TO
AMEND CITY OF VERNON SAFETY PROGRAM
Pursuant to 8 C.C.R. Section 2303 requiring all California employers to establish an
Injury and Illness Prevention Program, please find attached a Violence Free
Workplace Policy drafted by Liebert Cassidy.
It is recommended that the City adopt the Violence Free Workplace Policy and revise
the City of Vernon Safety Program as Revision No. 2 to include the policy as
Chapter XIV.
JF/ca
Enclosure
LIEBERT CASSIDY
6033 West Century Boulevard, Suite 601
Los Angeles, California 90045-6410
tel 310-645-6492 fax 310.337.0837
www.lcflegal.com
49 Stevenson Street, Suite 1050
San Francisco, California 94105.2909
tel 415-546-6100 fax 415.546.6831
www.lcflcgal.com
January 14, 2000
30a11 Fra.1lconC
Risk Manager/Personnel Assistant
City of Vernon
City Hall
4305 Santa Fe Avenue
Vernon, California 90058
Dear Ms. Francone:
Enclosed please find our draft of the Violence Free Workplace Policy pursuant to your
request. As you know, every California employer is required to establish, implement and
maintain an effective Injury and Illness Prevention Program ("IIPP") See 8 C.C.R § 2303.
Pursuant to Cal-Osha guidelines for Work Place Security all IIPPs must also include an element
addressing Workplace Se.cilrlly.
Should you wish to discuss our draft of Violence Free Workplace Policy further, please
feel free to contact Peter J. Brown or the undersigned. Thank you for providing Liebert Cassidy
with the opportunity to assist you in this matter.
Enclosure
41414.1
Sincerely,
LIEBERT C.
By
Geb 4 S. Sheldon
A Professional Law Corporation
VIOLENCE FREE WORKPLACE POLICY
PURPOSE/AUTHORITY
To maintain a workplace that is free of violence or the threat of violence.
PERSONNEL AFFECTED
All City employees and/or any other person working on City premises or using City property.
POLICY
Policy Statement
The City of Vernon is committed to providing a work environment that is free of
violence or the threat of violence. The City has a "zero tolerance" policy in
regard to workplace violence. "Zero tolerance" means that the City will
investigate incidents and take appropriate action against the offending employee
and/or any other person working on City premises or using City property who
violates this policy.
2. Consequences for Violation of this Policy
a. For City employees, disciplinary action up to and including termination
and criminal prosecution as may be appropriate.
b. For non -City employees:
(i) Oral and/or written warning(s) by department management
(ii) Refusal of service
(iii) Criminal prosecution
3. Except with respect to City of Vernon sworn police personnel, and unless (1) it
serves a work -related purpose, and (2) the employee has received his/her
department head's approval in writing, City employees and/or any other person
working on City premises or using City property shall not possess in the
workplace, including in their vehicles at work, any item identified in California
Penal Code Section 1200 et seq., including but not limited to:
a. Firearms
b. Explosives/ammunition
C. Fixed blade knives
d. Folding knives with blades over three and one-half (3 %Z) inches in length
e. Destructive devices
4. Acts or threats of violence include conduct which creates a hostile, abusive or
intimidating work environment for a City employee. Examples of violent acts or
threats of violence that are prohibited in the workplace include, but are not limited
to:
a. Striking, punching, slapping, shoving or assaulting another person.
b. Threatening harm or harming another person or any other action or
conduct that implies the threat of bodily harm.
C. Fighting or challenging another person to fight.
d. Threatening to destroy or actually destroying City property and property
of City employees or non -City employees.
Throwing objects with the intent to injure or harm.
f. Making or instigating harassing or threatening_ telephone calls, electronic
or computer graphics and messages.
g. Harassing surveillance or stalking.
h. Possession, use or threat of use of a gun, knife or other weapon of any
kind unless such possession and use is a requirement of the employee's
job and is done so in accordance with his/her department's policy.
i. Engaging in threatening, dangerous, or unwanted horseplay.
j. Grabbing, pinching or touching another person in an unwanted way,
whether sexually or otherwise.
5. Definitions
For purposes of this policy, "work environment" and/or "workplace" includes, but
is not limited to City buildings, vehicles, equipment, property, or any location
where a City employee is on duty.
6. Procedures and Responsibilities
a. Employee Responsibilities
Any employee who is the victim of any violent, threatening or harassing
conduct, any witness to such conduct, or anyone receiving a report of such
conduct, whether the perpetrator is a City employee or a non -employee,
shall immediately report the incident to their supervisor or other
appropriate person in the chain of command. Should the employee
perceive that he or she is in immediate apparent danger of a violent act, or
has just been victimized by a violent act, or is a witness of a violent act, he
or she shall, whenever possible:
(i) Place themselves in a safe location.
(ii) If appropriate, call the Police Department and request immediate
response of a police officer and be prepared to inform the police
dispatcher of the circumstances and the exact location of where an
officer is needed.
(iii) Inform a supervisor, manager or the Personnel Department of the
circumstances.
(iv) Complete a Security Incident Report (Attachment A) as soon as
possible and submit the original copy to the Personnel Director or
his designee, and retain a photocopy.
(v) Cooperate fully in any administrative or criminal investigation,
which shall be conducted within existing policy and laws.
b. Supervisor/Manager Responsibilities
(i) A supervisor/manager informed of an imminent or actual violent
act or the threat of a violent act as defined by this policy shall,
whenever possible, ensure the immediate safety of the employee
and, if appropriate, shall call the Police Department if this has not
already been done, and notify the Department Head and Personnel
Director.
(ii) Refer media inquiries to the Personnel Director, Department Head
or the Police Department Watch Commander.
C. Future Violence
(i) Employees who have reason to believe they or any City employee
may be the subject of a violent act in the work environment or as a
result of their City employment shall immediately notify their
supervisor, Department Head or the Personnel Director.
(ii) Employees who have obtained a temporary or permanent
restraining order to protect themselves from another individual or
who themselves are subject of a restraining order issued on behalf
of someone else, shall immediately supply a copy of the signed
order to the Vernon Police Department as well as to their
Department Head. Employees should provide a description of the
individual named in the restraining order, (or, if readily available, a
recent photograph of the named individual). The employee should
advise the Court to include the City workplace in the restraining
order. Employees are to advise their supervisor or Department
Head when any potentially violent situation exists in their lives
which could result in violence at work.
7. Anti -Retaliation Policy
No employee shall retaliate against another employee who reports an incident
pursuant to this policy. Employees found to have violated this section may be
subject to disciplinary action up to and including termination.
8. False Reporting of an Incident
Any employee who makes a report under this Policy which the employee knows
or should know is false shall be subject to disciplinary action up to and including
termination.
9. Dissemination of Policy
All employees, supervisors and managers shall be provided copies of this Policy.
10. Attachments
Attachment A — Workplace Security Incident Report
Attachment A
CITY OF VERNON
WORKPLACE SECURITY INCIDENT REPORT
Employee Name: (please print)
When did this incident occur? Date:
Where did this incident occur?
Who was involved in this incident? Name(s)
Fellow Employee
Member of Public
Relative/Friend
Spouse/Significant Other
City Contractor
If unknown, please describe the person(s) involved
Type of Incident - (check all that apply)
Time: a.m. p.m.
Physical Assault Property Damage Threatening Letter/E-Mail
Verbal Assault Possessing a Weapon Threatening Telephone Call
Stalking Brandishing a Weapon Other (Describe)
Describe what happened:
Were there any witnesses to this incident? Yes No Uncertain
If 'Yes' and if you can identify them, please indicate the witness(es) name(s):
Witness 1 Witness 2
Was your Supervisor or Department Head notified of this incident? Yes No
Was the Police Department notified of this incident? Yes No
Was a restraining order filed? Yes No
Was a Police report filed? Yes No
Employee's Department
Employee's Signature Date
NOTE. Any employee who knowingly submits a false Security Incident Report may be subject to discipline up to and including termination.
Distribution. Original to PersonneMuplicate to Employee