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HomeMy WebLinkAboutAugust 02, 2011 - Special CouncilCOUNCIL AGENDA SPECIAL MEETING THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Tuesday, August 2, 2011 7:00 p.m. Page 1.CALL TO ORDER 2.DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 3.ADMINISTRATION (a)Employee Relations Bill 168 / Harassment / Violence Policy & Municipal Personnel Policy Description of Workplace Harassment - definition, legislation Tips for Council Staff Relations - examples (b)Council / Staff Conduct & Employee Direction Role of Council / Staff MMAH Guide Typical Council Code of Conduct ex (members, public, delegations, staff) Typical Staff Code of Conduct Compliance with legislation & Council policies Council / Staff protocol - examples Minutes 4.BY-LAW (a)By-Law 2011-068 A By-Law to confirm all actions of Council 5.ADJOURNMENT 3-5 7 Page 1 of 7 Page 2 of 7 Municipality of BaYham Violence in the \Morkplace Policy and Program Effective Date - June 3' 2010 Scope This policy applies to all Municipal employees (including but not limited to full-time, part-time, students, volunteers, contractors, consultants) and elected offrcials. This policy applies to all employees and agents/representatives of The Municipalrty of Bayham while in the worþlace, d"ri"g Municipal travel, or during any wo ¡related and/or social fi¡nctions. The worþlace incluães all on-site locations, buildings and facilities, including parking areas, alt Municipality properly, and oflsite locations where employees engage in Municipality-related activities rising out of the course of his or her employlnent. Purpose . to rnaintain a working environment that is free from worþlace violence; . to alert all employees that the Municipality wilt not tolerate worþlace violence; . to reduce the potential for worþlace violence before an incident occurs; and . to establish a mechanism for rãceiving such complaints, as well as a process for dealing with them. Definition T\e Occupational Health and Safety Act defines worþlace violence as: . The exercise of physical force by a person against a worker, in a worþlace, that causes or could cause physical injury to the worker; . An attempt to exercise physical force against a worker, in a worþlace, that could cause physical injury to the worker; . À rtrt...ot ò. behaviour that is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a worþlace, that could cause physical injury to the worker. Fonns of Workplace Violence l) Violence by Strangers. Usually enters the place of work on the pretense of being a customer. . Normally commits robbery or other violent act. 2) Violence by Customers/Clients. May be an expected or unexpected situation. 3) Violence by Co-workers. Could include; current employee and manager, former employee and manager, a prospective employee, and may occur inside or outside the worþlace' 4) Violence by Personal Relations . This includes spouse, partner, relative, or friend and usually occurs when a personal dispute occgrs with the-worker and enters the worþlace to harass, threaten, injure, or kill the employee. Employee Relations Bill 168 / Harassment / Violence Policy & Municipal Page 3 of 7 Any employee experiencing violence outside of the worþlace (ie. domestic violence) that may create a risk of danger to themselves or others in the worþlace is encouraged to report such violence so that the Municipality can take reasonable preventive steps. Behaviours Constituting Workplace Violence Such th¡eats or acts include, but a¡e not limited to: . Harming or threatening to harm any employee or guest; . Damaging or threatening to damage property or the property of any employee or guest; . Possessing a dangerous weapon or incendiary device on properly without prior authonzatton; . Engaging in stalking behaviot¡r of any employee. Responsibilities of Managers and Supervisors . Assess risks of violence at The Municipalrty of Bayham; . Promote a non-violence worþlace;. Provide employees with information and instruction regarding the worþlace policy and progam with respect to worþlace violence including appropriate steps to be taken and investigation procedures ; . Take every reasonable precaution for the protection of the worker; . Inform employees of potential risk situations; . Ensure employees understand who to contact regarding concerns about the policy or when to report an incident; . Model behaviour, which helps support a positive work environment; . Ensure the worþlace is free from violence; . Respond to complaints brought to their attention. . Respect the confidentiality and sensitivity of such issues; . Document all information and investigation results; . Request that Administration conduct an investigation into allegations of violent situations; . If witnessing elements of a poisoned work environment take action. Responsibilities of Employees . Compliance with this policy is the responsibilþ of all employees; . Employees must avoid any behaviour or conduct that could reasonably be interpreted as a violation of this policy; . Employees must maintain a work environment free from violence, and/or intimidation; . Call 91 I if -Jre situation wa:rants it and you find a peer or yourself in immediate danger. Process for Making Violence-Related Complaints If employees have witnessed or experienced conduct which they believe to be inconsistent with this policy, they have a responsibility to: . Call 911 if the situation warrants it and you find apeer or yourself in immediate danger.. Make the behaviour/actions known to your department Manager and/or Administrator immediately.. A written record of the action/behaviour should be provided to the department Manager andlor the Administrator including the dates, times, nature of the action/behaviour, and witnesses (if any). Nothing in this policy prevents an individual's right to file a complaint with the Ministry of Labour should they feel the situation wa:rants such action. Employee Relations Bill 168 / Harassment / Violence Policy & Municipal Page 4 of 7 Removal of a Person from the Workplace Any person who makes substantial threats, exhibits threatening behaviour, or engages in violent acts against employees, visitors, guests, or other individuals while on Municipality of Bayham property shall be removed from the premises as quickly as safety permits, and shall remain off the premises pending the outcome of an investigation. Employees a¡e not to remove individuals from the premises. Assistance must be requested from the Police. Investigation Process . All reported threats or incidents will be considered serious and will be investigated promptþ with appropriate action by the appropriate Supervisor and/or Administrator. . An Incident Report should be filled out and submitted to the Manager and Administrator for review. . All those directly involved and witnesses will be spoken with. . Notes/statements will be prepared during each interview, reviewed by the person(s) being interviewed and signed for accuracy.. Records or other documents relevant to the incident being investigated (this may include safety reports, incident reports, work schedules, injury reports, complaints and observation notes and may involve taking pictures of the scene) will be reviewed and kept by the Adminisüator. . A review of relevant collective agreement, employment contract language or organizational policies/procedures will be prepared by the Administator. . A final summary/report of the investigation will be kept by the Administrator. Corrective Action Any employee found to have engaged in conduct that violates this policy will be subject to discipline, up to and including termination of employment. Because allegations of acts of violence are very serious, frivolous complaints found to have been made for improper puq)oses will result in disciplinary action being taken against the complainant. Confidentiality Employees should feel secure in knowing that their concerns will be handled discreetþ and sensitively to the extent practicable and appropriate under the ci¡cumstances. As such, employee issues will usually remain betw¡,en the employee, his or her Manager, and Administrator. On occasion, however, an investigation may require consulting with another employee, Supervisor, or Manager, in order to ensure an appropriate resolution. In such cases, the employee will be consulted prior to involving others. Reprisals This policy strictly prohibits reprisals against an employee because he or she has brought forward a concern or has provided information regarding a concern under this policy. Any employee who commits or threatens reprisal against another employee for following this, or any Municipal policy in good faith, may be subject to discipline, up to and including dismissal for cause. Employee Relations Bill 168 / Harassment / Violence Policy & Municipal Page 5 of 7 Page 6 of 7 THE CORPORATION OF THE MUNICIPALITY OF BAYIIAM BY-LAW NO. 2011-068 A BY-LA\M TO CONFIRM ALL ACTIONS OF THE COI]NCIL OF TIIE CORPORATION OF THE MT]NICIPALITY OF BAYHÄM FOR THE SPECTAL MEETING rrELD AUGUST 2,2011 WHEREAS under Section 5 (1) of the Municipal Act,200l S.O. 2001, Chapter 25,the powers of a municipal corporation are to be exercised by the Council of the municipality; AI\D IVHEREAS under Section 5 (3) of the Municipal Act,200l, the powers of Council are to be exercised by by-law; AI\D WIIEREAS the Council of the Corporation of the Municþality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COTINCIL OF THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. TIIAT the actions of the Council of the Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the special meeting held August2,20ll is hereby adopted and confirmed as if all proceedings \ilere expressly embodied in this by-law. 2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give eflect to the action of the Council including executing all documents and affrxing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME and finally passed this 2"dday of AugusÇ 2011. MAYOR CLERI( By-Law 2011-068 A By-Law to confirm all actions of Council Page 7 of 7