HomeMy WebLinkAboutWorkplace Violence Policy TBM 10OCTOBER 07, 2009 TOWN BOARD MEETING PAGE 4
RESOLUTION #150 REQUEST THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION PROMULGATE REGULATIONS TO
REQUIRE THAT LOCAL GOVERNMENTS BE DESIGNATED
AS INVOLVED AGENCIES FOR SEQRA PROCEEDINGS
RELATING TO NATURAL GAS PERMIT APPLICATIONS
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, it is estimated that the geologic rock bed known as Marcellus Shale may contain up
to several trillion cubic feet of natural gas; and
WHEREAS, dramatic increases in the price of crude oil and the corresponding need to reduce
our nation's dependence on foreign oil have resulted in a tremendous increase in interest and
activity relating to natural gas exploration and drilling; and
WHEREAS, municipalities in which natural gas drilling is proposed should be consulted
regarding natural gas permit applications and the comments of municipalities should be
considered and given significant weight when determinations relating to natural gas permit
applications are made;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Cortlandville
requests that the Department of Environmental Conservation promulgate regulations to require
that local governments be designated as involved agencies for State Environmental Quality
Review Act (SEQRA) proceedings relating to natural gas permit applications for proposed sites
within the boundaries of the local governments and that local governments' views be solicited
and given significant weight when determinations relating to natural gas permit applications are
made, and be it further
RESOLVED, that copies of the resolution shall be forwarded to Governor David Paterson,
Senator James L. Seward, Assemblywoman Barbara Lifton and Commissioner Alexander B.
Grannis, New York State Department of Environmental Conservation.
RESOLVED, that copies of the resolution shall be forwarded to Governor David Paterson,
Senator James L. Seward, Assemblywoman Barbara Lifton and Commissioner Alexander B.
Grannis, New York State Department of Environmental Conservation.
Workplace Violence Policy:
Attorney Folmer referred to the proposed Workplace Violence Policy, which he corrected
and resubmitted to the Board for their review. Comments previously made by the Board were
addressed and typographical errors were fixed. Attorney Folmer questioned whether the Board
was ready to adopt the policy.
Supervisor Tupper noted that the deadline for adoption of the policy already passed. He
suggested the Board adopt the policy. He also noted that he was making arrangements with
Paychex to conduct a 1-hour seminar of violence in the workplace, which would get the Town in
compliance with labor laws. A seminar regarding sexual harassment would also be scheduled.
There was discussion regarding whether or not weapons should be allowed on town
property. Councilman Rocco voiced his concerns. Other than law enforcement personnel, he
did not feel that weapons should be allowed on town property whatsoever, including vehicles on
town property. He was concerned for the safety of town employees.
Town Clerk Snyder questioned whether his intent was for employees or constituents who
come to the municipal building for town business. The Town Clerk's office sells conservation
licenses, which increases the likeliness of a customer having a weapon in his/her vehicle.
Councilman Leach questioned whether the Board would be violating a citizen's
constitutional right to carry a weapon, and if the Town could be challenged beyond the Board's
intent.
Attorney Folmer stated the workplace violence policy does not address the question of
whether or not employees should or should not be permitted to have weapons on the premises.
Employees are bound to comply with the policy as it pertains to workplace violence. Whether or
not employees are able to carry a weapon on town property was a subject for the town personnel
policy.
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OCTOBER 07, 2009 TOWN BOARD MEETING PAGE 5
RESOLUTION #151 ADOPT TOWN OF CORTLANDVILLE
WORKPLACE VIOLENCE POLICY
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Town of Cortlandville is committed to providing staff, officers, and visitors
with an environment of respect and safety that encourages productive employment and that is
secure and free from threats, intimidation, and violence, therefore
BE IT RESOLVED, the Town Board does hereby adopt the following Workplace Violence
Policy, as Town policy:
TOWN OF CORTLANDVILLE
WORKPLACE VIOLENCE POLICY
I. Purpose:
The Town of Cortlandville is committed to providing staff, officers, and visitors with an environment of
respect and safety that encourages productive employment and that is secure and free from threats,
intimidation, and violence.
2. Definition:
Workplace violence is any physical or non-physical act that results in threatened or actual harm to a
person or threatened or actual damage to property. It includes any threatening words or actions whether
verbal or non-verbal, including the unlawful possession of a weapon, which, creates in the mind of
another a reasonable belief of receiving immediate or future harm to any person or property.
3. Policy:
The Town of Cortlandville will not tolerate physical or non-physical acts of workplace violence. All
alleged violations of this policy will be immediately reviewed to determine whether further investigation
is necessary.
Employees, officers, or visitors who commit violent acts or who are found to engage in behavior in
violation of this policy will be subject to corrective and/or disciplinary action, up to and including
termination. Appropriate legal action may be taken against visitors who violate this policy.
The Town may sanction individuals involved in cases of misconduct in violation of this policy when any
such act occurs in one of the following circumstances:
a. the act is committed on Town property or at a Town sponsored activity;
b. the act is committed by a person while acting in an official capacity or while conducting or
involving Town business.
(note: This policy shall not be interpreted as inhibiting an employee's First Amendment rights of free
speech and association except as specifically permitted by federal law.
4: Prohibited Conduct and Behavior:
Any conduct or behavior that threatens or endangers the health or safety of any person is prohibited. The
following is a non -exhaustive list of specific examples of physical and non-physical conduct and behavior
that may be considered workplace violence and are prohibited:
a. Intimidating, threatening or hostile statements, actions or gestures.
b. Intimidation through direct, conditional, or veiled threats.
c. Intimidation through unjust exercise of power or authority.
d. Bomb threats.
e. Slurs regarding another person's ethnicity, national origin, gender, religion or religious
affiliation, disability, or sexual orientation, or profanity or obscene gestures which create in the
mind of another a reasonable belief of immediate or further words; etc.
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TOWN BOARD MEETING
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(5) Promptly initiate appropriate corrective/disciplinary action based on the individual's degree of
involvement. Appropriate action may include obtaining written verification from an
individual's physician or mental health provider that he or she does not constitute harm.
7. Employee and Town officers Responsibilities
a. Should any person be in what they perceive as danger from workplace violence, as defined herein, they
shall take immediate steps that lead to their safety, including leaving the premises, if necessary.
b. Be aware of the workplace violence policy.
c. Report violations of the policy to an appropriate, immediate supervisor, or department head.
d. In an effort to promote a safer work environment, employees who are the victims of domestic violence
should report issuance of a restraining order against any individual who has threatened to act in violation
of this policy. Employees who believe they may be the recipients of violence are encouraged to promptly
notify an appropriate administrator. Confidentiality will be maintained to the extent allowed by law.
Councilman Rocco excused himself at 5:51 p.m.
Stormwater Management Plan Process — Major Project Plan/Minor Project Plan:
Included in the Board's agenda packet were two memorandums that were previously
received and filed from Tom Williams, dated November 14, 2008, regarding Stormwater
Management Major and Minor Project Plans. Attorney Folmer explained that both the Major
and Minor Project Plans were being utilized by the Planning Board as policy, however he
requested the Board formally adopt both plans as Town authorized documents. The Board made
one change to the documents regarding the title "Town Planning Director," which was changed
to the correct title "Town Planning and Zoning Officer."
RESOLUTION #152 ADOPT THE STORMWATER MANAGEMENT PLAN
PROCESS — MAJOR PROJECT PLAN, AND STORMWATER
MANAGEMENT PLAN PROCESS — MINOR PROJECT PLAN,
AS AMENDED, AS TOWN POLICY
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby adopt the Stormwater Management Plan
Process - Major Project Plan, and the Stormwater Management Plan Process - Minor Project
Plan, as amended, as Town policy, as submitted with one change - Town Planning Director to
Town Planning and Zoning Officer.
Councilman Rocco returned to the meeting at 5:53 p.m.
Annexation of Property on Bell Drive:
Attorney Folmer informed the Board he received the maps necessary to proceed with the
annexation process for property located on Bell Drive. The properties are located in the Village
of Homer, Town of Cortlandville.
Councilman Testa made a motion, seconded by Councilman Proud, to receive and file
correspondence from Fiscal Advisors & Marketing Inc., dated September 17, 2009, advising the
Town the invoice received for Material Events, dated August 28, 2009, stated the rating
downgrade was for FSA but should have read AMBAC. All voting aye, the motion was carried.