Public Conduct Policy

POLICY STATEMENT

The City of Cambridge (“City”) aims to provide exemplary services to all members of the public and to address service requests and complaints equitably, comprehensively and in a timely manner, while promoting a respectful, inclusive and harassment-free and violence-free workplace.

It is the City’s objective to interact with all customers in a way that is consistent and fair while acknowledging that there is a responsibility to take all reasonable precautions, in the circumstances, for the protection of the worker. This includes protecting staff from both physical and psychological harm.
 
To achieve these objectives, unreasonable behaviour or frivolous and vexatious complaints or requests from members of the public who require City services or access to City premises may need to be limited in a manner that is clear, consistent, reasonable, and proportional to the individual’s action(s).

Situations arising from unreasonable behaviour may cause concern for the safety of individuals on City premises or may compromise the enjoyment of City facilities for other users. Vexatious, frivolous or unreasonable requests may consume a disproportionate amount of a staff member’s time and resources and can compromise a staff member’s ability to provide assistance or deliver good customer service efficiently and effectively. Such requests may also impede staff from attending to other essential issues. These situations and requests may require the City to put restrictions on the contact that certain 
individuals have with the City.

PURPOSE

The purpose of this policy is to provide a positive, safe, and supportive approach to promoting acceptable and appropriate use of City facilities and interactions with the public while taking reasonable measures to protect the psychological health and wellness of staff. This Public Conduct Policy serves to provide notice of what constitutes unacceptable behaviour and sets expectations for both the public and municipal staff (which for the purposes of this policy includes both employees and volunteers) when interacting with members of the public.

The decision to classify someone’s behaviour as unreasonable, or to classify a request as vexatious or frivolous, could have serious consequences for the individual(s), including restricting their access to members of council and City staff, services, or property.

As such, this policy provides clear examples of behaviours and actions, as well as steps for staff to follow. Any restrictions made under this policy are dependent on the circumstances of each case.

DEFINITIONS

Citizen Response mailbox – an email mailbox used by the City to send communications to residents in a manner that the individual sender is not identified.

clearviewconnects.com – a third-party platform that provides a secure and confidential way for employees to raise concerns or report unethical behaviour. Employee identity is not revealed to the City unless the employee includes identifying information with their submission. The submission is then forwarded to the identified reviewer(s) within the organization to follow up with accordingly.

Discrimination – as per the Respectful Culture Program.

Frivolous – a complaint that is reasonably perceived by the City to be: (a) without reasonable or probable cause; (b) without merit or substance; or (c) trivial. See Schedule B for a list of examples.

Member of the Public, includes, but is not limited to, residents, customers, individuals, businesses, not-for-profit organizations, stakeholders, and community or corporate organizations that interact with the City and its employees.

Unacceptable Conduct is any action by a member of the public, which because of its nature or frequency, has a disproportionate and unreasonable impact on the city, or its staff, other members of the public, services, time, or resources. See Schedule A for a list of examples.

Vexatious – a complaint that is frivolous and which is pursued in a manner that is reasonably perceived by the City to be (a) malicious; (b) intended to embarrass or harass the recipient; or (c) intended to be a nuisance. See Schedule B for a list of examples.

Workplace Harassment - as per the Respectful Culture Program.

AUTHORITY

• Ontario Occupational Health and Safety Act
• Ontario Human Rights Code
• Ontario Employment Standards Act, 2001
• Ontario Municipal Freedom of Information and Protection of Privacy Act

SCOPE

This policy applies to all forms of interactions by any Member of the Public (as defined), including, but not limited to, written, printed, electronic, online, verbal, telephone, or inperson communications, including participation in public meetings.

The policy applies to the location of such interactions. Examples include, but are not limited to, City property (e.g. parks, municipal offices, and recreation facilities), online environments managed by the City, and all such places where the City’s business is conducted.

In addition, this policy aims to establish standards of acceptable conduct for members of the public in attendance at City facilities.

This policy is to complement, not replace, the policies, codes of conduct, or other documents noted in the reference section of this policy.

POLICY

1. General Guidelines

City Staff are expected to only use non-physical, verbal, intervention methods when met with Unacceptable Conduct or Vexatious or Frivolous Requests. Appropriate actions may include the following:

• Requesting that the identified party, without jeopardizing one’s safety, cease the Unacceptable Conduct or violence immediately.
• Asking the individual(s) to leave the premises.
• Informing the individual(s) of the existence of the Public Conduct Policy and that their behaviour may be subject to consequences.
• Advising the individual(s) that failure to cease the unacceptable conduct, 
  violence or vandalism will result in police being called and advise that they will 
  be considered to be trespassing.
• Removing themselves from the situation entirely or seeking the presence of 
  additional personnel for support.
• Advising the appropriate supervisor, manager, director or (Deputy) City 
  Manager about the incident during or following an interaction, and compiling all 
  documentation, information and evidence related to the incident; and,
• If the individual refuses to cease the unacceptable conduct, City Staff shall avoid engaging in a verbal or physical confrontation and shall call the police (911) to report the situation or inform building / mobile security.

Responses to instances of Unacceptable Conduct should generally be determined in accordance with Schedule C. Certain prescribed responses may not require the submission of a Public Conduct Incident Report in accordance with section 2 of this policy.

Where Unacceptable Conduct is of a criminal nature, staff may contact the Waterloo Regional Police Service. If staff are unsure whether a particular instance of Unacceptable Conduct is criminal in nature, they may contact the WRPS non-emergency line (519-570-9777) for guidance. If police are contacted, staff should notify the Intake Assessment Team.

Unacceptable Conduct occurring in online environments managed by the City should generally be managed in accordance with the City’s Social Media Terms of Use. For greater clarity, the City may delete comments or posts that breach this policy or the Social Media Terms of Use, and/or may disable commenting and posting in its online environments.

2. Reporting

Employees requiring immediate assistance from emergency services are to call 911.

Any incidents of unacceptable contact by a member of the public are to be reported to the employee’s supervisor.

If first aid, medical aid, or lost time occurs because of the interaction, an Employee Incident/Accident form must be completed by the supervisor and the employee.

Further, Employees are to make a Public Conduct Incident Report through www.clearviewconnects.com in the following circumstances:

• the Employee experiences or witnesses any incident or behaviour that gives them cause to feel uncomfortable or unsafe; and/or
• the behaviour falls under the examples in Schedule A or B (or similar), and the intervention being sought pursuant to this Policy that exceeds or differs from the prescribed response to occurrences outlined in Schedule C or the Social Media Terms of Use.

2.1. Incident Review and Action Recommendations

Upon a Public Conduct Incident Report being submitted, the Intake Assessment Team comprised of the City Manager, City Clerk, and Director of Human Resources (or designates) will convene to conduct a review of the incident and determine the appropriate response. The Intake Assessment Team may consult with other city staff as needed and will determine what restrictions will be put in place. The Intake Assessment Team will also:

• Review the incident(s) and any available documentation and information.
• Ensure the complaint or request for information or delivery of service has been dealt with properly and in accordance with the relevant procedures and statutory guidelines; and
• Verify that staff have made every effort to satisfy the request or resolve the complaint.

Upon review and where appropriate due to repeated pattern of unacceptable conduct or a single significant incident, the City may take reasonable precautions in the circumstances which may include, but are not limited to the following actions:

• Inform the person(s) through written or verbal notice that their conduct is unacceptable and contrary to the Public Conduct Policy. Inform the person(s) through written or verbal notice that their request for service or information has been considered and dealt with in accordance with relevant City, regional, provincial, and federal procedures, and statutes and guidelines and that staff will only respond to new requests for service or information will be responded to.
• Limit communication to one method of contact (e.g., telephone or email), time, duration or with one named member of staff or via the Citizen Response mailbox.
• Require any in person interactions between the individual and staff to take place in the presence of another staff member in a suitable location, as determined by the City.
• Require the person(s) to make contact only through a third-party representative (e.g., solicitor, councillor, or friend acting on their behalf).
• Limit or regulate the use of City services or facilities which may include refusing or limiting access to City facilities (e.g., by appointment or specific permission).
• Restrict a user’s ability to post and/or comment in online environments managed by the City.
• Issue a no trespass letter which may include notification to local police services.
• An alternate action not listed above but deemed appropriate in the circumstances.

The Citizen Response mailbox may be utilized by the Intake Assessment Team to communicate with the person.

The Intake Assessment Team should, where possible, keep impacted employees informed of steps taken to address the Unacceptable Conduct and inform impacted employees of available supports.

2.2. Quarterly Reporting

On a monthly basis, the Intake Assessment Team will review a report of all incidents for which a Public Conduct Incident Report has been submitted to identify trends and evaluate the appropriateness and effectiveness of tools available to respond to incidents under this Policy. The outcomes of this review shall be communicated to the Corporate Leadership Team.

3. Implementation of Action Recommendations

3.1. Written Notice

Upon review and determination of what actions will be taken pursuant to the Intake Assessment Team’s review, including but not limited to measures as described above, written notice of the action(s) to be taken will be sent from the Clerk’s office. Written notice, shall be delivered within fifteen (15) business days of the determination in question by e-mail or letter mail, and will outline the following:

• A brief description of the observed unacceptable behaviour.
• The date of issuance.
• Any restrictions that apply, and the duration of the restrictions.
• The City staff or representative that the individual may contact during the restriction period (if any), and the form of communication to be used; and
• Instructions, if applicable, for submitting a request for review.

In instances where the City restricts a user’s ability to post and/or comment in online environments managed by the City, no written notice of such action shall be required.

3.2. Notice of Trespass

When an individual is prohibited from entering one or more specific City properties for a period of time, the City may issue a Notice of Trespass to Property to the individual. Waterloo Region Police Service may be requested to assist where a Notice of Trespass to Property is contravened by an individual.

4. Disputing or Requesting Review of Restrictions

Individual(s) who have had restrictions applied may request a review at any time during the restriction period. The request must be made in writing and submitted via e-mail or letter mail to the Issuer, including at minimum:

• Identification of the incident in question;
• An explanation of why the individual is requesting the review; and
• The resolution sought from the City.

A request for review shall be limited to one time within a 365-day period.

Individuals may request an in-person meeting to review the restrictions applied; however, City staff may refuse to meet in person if, in the opinion of City staff, it is unsafe to do so.

Following a review of the restrictions applied, which will include consultation with City Council, the Issuer may uphold, amend, or rescind the City’s previous decision and shall notify the individual of the City’s decision through e-mail or letter mail.

Individuals who believe that the provisions of this policy have been applied unfairly or are unsatisfied with the outcome of the review process may file a complaint with the Ontario Ombudsman. City of Cambridge staff shall supply contact information for the Ontario Ombudsman upon request.

5. Roles and Responsibilities

5.1. A Member of the Public:

• Complying with the policy and any remedial action.

5.2. Community Organizations:

• Developing and implementing their own policies to manage their associated individuals. All incidents observed or reported to the City that involves any Inappropriate Conduct within City facilities will be subject to this policy.

5.3. Employees:

• Complying with this policy and any site or program specific conduct and procedures;
• Participating as applicable in customer service or de-escalation training as directed;
• Contacting police when criminal activity occurs; and
• Documenting interactions through clearviewconnects.com, especially where there is a pattern of unacceptable behaviour.

5.4. Supervisors, managers, directors and (Deputy) City Managers:

• Contacting Human Resources to report unacceptable behaviour towards staff that is related to the prohibited grounds of the Ontario Human Rights Code or the definitions of workplace violence or harassment under the Occupational Health and Safety Act, and/or Respectful Culture Program and to determine appropriate policy and/or procedure.
• Acting when an individual’s conduct is unreasonable based on the criteria in this policy;
• Providing information to other departments, where appropriate, to make staff aware of any restrictions that have been put in place; and
• Ensuring staff is provided with communication and training in support of this policy using the resources provided by Human Resources.

5.5. Deputy City Managers and the City Manager:

• Ensuring that departmental processes are in place to support this policy.
• The City Manager reserves the right to make the determination of appropriate action and has authority to step in at any time throughout the course of any incident management.

6. Personal Information Collection, Usage and Disclosure

• Personal information collected and used under this policy may include, but is not limited to, an individual’s general description, photographic image or likeness, digital, audio or video recording, and/or records of communications containing the individual’s name and contract information and such personal information collected shall not be used or disclosed for an inconsistent purpose, pursuant to the Municipal Freedom of Information and Protection of Privacy Act.
• To enforce any restrictions applied to an individual under this policy, City staff may disclose to law enforcement and/or other City staff or agents of the City the individual’s personal information, a summary of the unacceptable behaviour, or any restrictions applied to the individual, and any other relevant information pertaining to the incident.
• All City staff shall have regard for the individual’s privacy and shall not use or disclose their personal information in any way that may reveal to the public the individual’s personal information, the unacceptable behaviour that occurred, or the nature of any restrictions applied to them.

7. Exceptions

Nothing within this policy restricts or otherwise limits:

• The City’s authority to engage in litigation or seek legal redress for actions taken by the individual(s), regardless of whether those actions may fall within the scope of this policy;
• The City’s ability or obligation to cooperate with law enforcement and/or comply with any requirements established by provincial or federal legislation; or
• City staff’s right to refuse unsafe work under the Occupational Health and Safety Act.

POLICY COMMUNICATION

The Public Conduct Policy is posted on the City’s website

RELATED POLICIES / PROCEDURES / DOCUMENTS / LEGISLATION

Social Media Terms of Use

Respectful Culture Program

• Respectful Culture Program
• Harassment and Discrimination Prevention and Response Policy
• Harassment and Discrimination Procedure
• Workplace Violence Prevention and Response
• Code of Conduct for Employees
• Anonymous Reporting Policy
• Protection from Reprisal Policy
• Investigation and Resolution Procedure

RELATED /FORMS

• Accident/Incident Report Form (for reporting a near miss or incident of Workplace Violence)
• Pre-Assessment Checklist for Intake Assessment Team
• Trespass Process
• Public Conduct Incident Report

Schedule A

Unacceptable Conduct:

Conduct may constitute unreasonable behaviour as a pattern of unacceptable conduct or as a single incident, depending on its nature and severity. Examples of what might be considered unreasonable behaviour while interacting with City of Cambridge employees are listed below. This list is not exhaustive:

• Engaging in violent, abusive, disrespectful, discriminatory, or harassing conduct, whether verbal, written, or physical. This includes, but is not limited to:
  • threats,
  • profanity, rude or inappropriate language,
  • name-calling,
  • attempts to goad or incite anger in others, yelling or shouting,
  • approaching an individual in an aggressive or intimidating fashion,
  • throwing objects in a deliberate or aggressive manner, and
  • spitting, unwelcome touching, striking, or assaulting anyone.
  • Posting libelous, abusive, disrespectful, harassing, or discriminatory
• Posting libelous, abusive, disrespectful, harassing, or discriminatory statements or private information about staff in a public or private forum, including City-moderated platforms.
• Knowingly making or using falsified documents.
• Recording meetings and conversations, without informing staff involved.
• Unreasonably fixating on a staff member; making unjustified, frivolous or vexations filing complaints about staff; or seeking to have staff replaced.
• Making excessive demands on the time and resources of staff, so as to create a high volume or frequency of correspondence or mingling requests with accusations and complaints.
• Any intentional or repeated act that violates City permits, policies, or by-laws or agreements (including facility rental agreements); and/or, gives rise to concern for public safety, including illegal activity, theft, possession of weapons, vandalism, loitering, causing a disturbance, or acting under the influence of drugs and alcohol while attending City premises.
• Engaging in horseplay in City facilities, including running in thoroughfares, corridors, stairwells and exits;
• Blocking thoroughfares, corridors, stairwells or exits in City facilities;
• Causing unsanitary conditions in City facilities (i.e. chewing tobacco, expulsion of bodily fluids, etc.);
• Engaging in sexual activity in City facilities;
• Illegally consuming alcohol, drugs, or other substances on City property; or
• Using video recording or photographic devices in change rooms or public washrooms.

Schedule B

Vexatious or Frivolous Requests:

Examples of what might be vexatious or frivolous are provided below. While a single incident may, depending on its nature and severity, constitute a vexatious or frivolous request, the focus of this policy is on a pattern of unacceptable conduct. This list is not exhaustive:

• Submission of request with very high volume and frequency of correspondence.
• Persistently or repeatedly contacting the City about the same or similar matter when it has been considered and dealt with or attempting to reopen issues that have already been considered and dealt with.
• Requests that would impose a significant burden on the City in terms of expense and negatively impact the ability to provide service to others.
• Requests intended to cause maximum inconvenience, disruption, or annoyance.
• Requests that lack any serious purpose or value, particularly when combined with one or more of the listed factors in this policy.
• Insisting on outcomes that are not possible or appropriate in the circumstances.
• Demanding services that are of a nature or scale that cannot be provided by the city or refusing to accept that the City cannot provide a particular service or action on a particular issue.
• Contacting different City staff to receive a different outcome or response to a matter that has been considered and dealt with.
• Withholding relevant information in respect of a request, providing false information or misquoting others.
• Initiating a complaint but refusing to cooperate with the complaint investigation process or to specify the grounds of the complaint or changing the basis of the complaint as the matter proceeds.
• Denying or materially changing previously provided statements; or
• Making excessive demands on the time and resources of staff with lengthy or excessive phone calls, emails, voicemails, visits, or letters, or expecting immediate responses.

Schedule C

Response to occurrences of Unacceptable Conduct:

* Refer to the applicable Terms & Conditions as per the type of rental contract.

Response actions taken in relation to incidents in recreation facilities, sports fields and arenas in accordance with the above shall be administered as follows: