Chapter 3.68
CIVILITY POLICY
Sections:
3.68.050 Examples of conduct which violate the civility policy.
3.68.070 Recourse available for unacceptable/disruptive conduct by members of the public.
3.68.080 Civility policy incident report.
3.68.010 Civility policy.
It is Hi-Desert Water District (“district”) policy to maintain civility both among staff and in district interactions with third parties. District staff will treat co-workers and members of the public with respect, and expect the same in return. The district is committed to maintaining orderly administrative processes, free from disruptions.
This policy promotes mutual respect, civility, and orderly conduct among district employees, district affiliates, and the public. This policy is not intended to deprive any person of his or her right to freedom of expression, but only to maintain, to the extent possible and reasonable, a safe, harassment-free workplace for our staff. In the interest of district employees as positive role models at work as well as in the community, the district encourages positive communication, and discourages volatile, hostile, or aggressive actions. The district seeks public cooperation with this endeavor. [Res. 14-26 Att. A].
3.68.020 Disruptions.
A. Any individual who disrupts or threatens to disrupt district operations, threatens the health and safety of staff, willfully causes property damage, uses loud or offensive language which could provoke a violent reaction, or who has otherwise established a continued pattern of unauthorized entry on district property will be directed to leave district property promptly.
B. If any member of the public uses obscenities or speaks in a demanding, aggressive, insulting, or demeaning manner, the administrator or employee to whom the remarks are directed will admonish the speaker to communicate civilly. If corrective action is not taken by the abusing party, the district employee will notify the general manager or designee, and will verbally notify the abusing party that the meeting, conference, or telephone conversation is terminated and, if the meeting or conference is on district premises, the offending person may be directed to leave promptly.
C. When an individual is directed to leave under such subsection (A) or (B) of this section circumstances, an incident report should be completed and submitted to the general manager or designee. If any individual refuses to leave upon request or returns before the applicable period of time, the general manager or designee may notify law enforcement officials. [Res. 14-26 Att. A].
3.68.030 Safety and security.
A. When violence is directed against an employee, or when there is theft of property, employees shall promptly report the occurrence to their supervisor and complete an incident report. Employees and supervisors should complete an incident report and report to law enforcement any attack, assault, or threat made against them on district premises or at district-sponsored activities.
B. If any threat or violence is gang related, it shall be immediately reported to law enforcement and the district shall use all appropriate means to exclude the person or persons making the gang-related threat or violence from all district premises for as long as possible. The general manager shall inform the board and pursue any civil remedies available. [Res. 14-26 Att. A].
3.68.040 Documentation.
When it is determined by staff that a member of the public is in the process of violating the provisions of this policy, an effort should be made by staff to provide a written copy of this policy at the time of occurrence. The employee will immediately notify his or her supervisor or the general manager or designee, and provide a written report of the incident on the appropriate incident report form. [Res. 14-26 Att. A].
3.68.050 Examples of conduct which violate the civility policy.
The civility policy prohibits harassment of district employees. For purposes of the policy, harassment is defined as a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress and actually causes the distress (California Code of Civil Procedure Section 526). A course of conduct would include a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including but not limited to:
A. Following or stalking an individual;
B. Making harassing telephone calls to an individual;
C. Sending harassing correspondence to an individual by any means, including, but not limited to:
1. The use of private mails.
2. Interoffice mail.
3. Computer e-mail, text messages, and instant messages.
4. Facsimile (fax).
Constitutionally protected activity is excluded from the definition of harassment. [Res. 14-26 Att. A].
3.68.060 Recourse available for unacceptable disruptive conduct by district employees or representatives.
Any member of the public who is subjected to unacceptable conduct from any district employee, as defined in this civility policy, may complete a complaint pursuant to the district’s policy concerning employee conduct.
Any member of the public who is subjected to unacceptable conduct from any district representative, other than staff, may file a written complaint with the general manager.
The general manager or designee will attempt to resolve the issue and respond to all parties involved. [Res. 14-26 Att. A].
3.68.070 Recourse available for unacceptable/disruptive conduct by members of the public.
The following are examples of ways by which district employees and administrators, depending on the circumstances presented, may resolve situations involving members of the public who violate the civility policy.
A. Provision of Civility Policy. The district employee may provide to the offending person a written copy of this policy at the time of the occurrence.
B. Request to Cease and Desist Behavior. District employees may request a member of the public who engages in unacceptable or disruptive conduct, as described above, to immediately cease his or her conduct and to act and speak civilly, or may report such person and conduct to the general manager or designee.
C. Termination of Activity. If the offending person does not cease his or her inappropriate conduct or communication after being requested to do so, the employee, general manager or designee may verbally notify the offending person that the meeting, conference, telephone conversation, or any other activity is terminated. The district employee, general manager or designee may terminate personal contact with the offending person. In that event, the district employee and the offending person may continue to communicate in writing, if appropriate, regarding the subject matter of the conference, telephone conversation, or other activity that was terminated.
D. Handling Violence, Threat, Battery, or Other Illegal Action. When violence, threat, assault, battery or other illegal action is threatened or directed, district employees may: (1) report the occurrence to the general manager, designee, or supervisor; (2) complete an incident report; or (3) report the incident to law enforcement officials.
In extraordinary circumstances, the district may assist the affected employee(s) in obtaining a restraining order against the offending person pursuant to California Code of Civil Procedure Sections 527.6 and 527.8. [Res. 14-26 Att. A].
3.68.080 Civility policy incident report.
CIVILITY POLICY INCIDENT REPORT
Name____________ Date____________
Date and time (approximate) of incident: _________________________________
Location of incident _________________________________
Name of person you are reporting (if known) ___________________________
Contact information of person you are reporting (if known) ___________________
Did you feel your well-being/safety was threatened? ____ Yes ____ No
Were there any witnesses to this incident? ____ Yes ____ No
Name and contact information of witness(es) __________________________
Were the police contacted? ____ Yes ____ No
Below, please describe what happened.
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
Was Supervisor or General Manager notified? ____ Yes ____ No
Signature of Person Completing Form _________________________________
A copy of this incident report should be sent to the general manager or designee. [Res. 14-26 Att. A].