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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. 3 5(0 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. 358 OCTOBER 07, 2009 TOWN BOARD MEETING PAGE 7 (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.