City of Santa Cruz
Administrative Procedure Order
Section II, #1B (Effective April 2017)

TO:

Department Heads

SUBJECT:

RESPECTFUL WORKPLACE CONDUCT

II-1B

PURPOSE
The City of Santa Cruz is committed to maintaining and promoting a respectful work
environment. Council Policy 25.2 (Discrimination and Harassment Policy), Administrative
Procedure Order II-1A (Discrimination/Harassment Policy Implementation and Complaint
Procedure), and this Administrative Procedure Order establish behavioral and workplace
standards to support a culture of collaboration, inclusion, and productivity.
POLICY
It is the intent of the City of Santa Cruz that all employees, volunteers, Councilmembers,
Commissioners, customers, contractors, and visitors to the City’s worksites or places where City
work is conducted enjoy a positive, respectful, and productive work environment free from
behavior, actions, or language constituting a violation of this Respectful Workplace Conduct
Policy. Such conduct may include, but is not limited to, the following as perceived by a
reasonable person: repeated infliction of verbal, written, or social media abuse such as the use of
derogatory remarks, epithets, or insults; physical conduct that is threatening, intimidating,
bullying, or humiliating; or the sabotage or undermining of a person’s work performance.
Incorporated by reference in this policy is the amendment to §12950.1 of the California
Government Code created by Assembly Bill 2053 (effective January 1, 2015) adding to the
supervisory training requirement the subject matter “prevention of abusive conduct.”
Employees found to have participated in actions constituting a violation of this policy shall be
subject to disciplinary action up to and including termination. Volunteers found to have
participated in actions constituting a violation of this policy may be subject to termination of
their volunteer relationship with the City. If a complaint involves the conduct of a contractor,
Human Resources will inform the contractor of the behavior and request prompt, appropriate
action. The City reserves the right to prohibit a contractor’s individual employee(s) from
entering City-owned property/premises. Councilmembers, Commissioners, customers, and
visitors who engage in conduct in violation of this policy are subject to action on the part of the
City intended to stop the conduct and protect others. Executives, managers, and supervisors who
know or should know of conduct in violation of this policy and who fail to report such behavior
or fail to take prompt, appropriate action when such conduct is observed or reported may be
subject to disciplinary action up to and including termination. In implementing the policy, the
rights of free speech and association shall be accommodated in a manner consistent with
applicable Federal and State law and in a manner consistent with the intent of the policy.

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All employees shall receive a copy of this policy when they receive Council Policy 25.2
(Discrimination and Harassment Policy) and Administrative Procedure Order II-1A
(Discrimination/Harassment Policy Implementation and Complaint Procedure).
I. Definition
Disrespectful Conduct: Any one or all of the following as perceived by a reasonable
person:
1) Use of language that is intended to be, or perceived by a reasonable person to be,
demeaning, berating, humiliating, threatening, bullying, offensive, insulting,
slanderous, or malicious rumor-spreading;
2) Conduct that a reasonable person would find disruptive, abusive, threatening,
intimidating, aggressive, or insubordinate; and/or
3) Acts to undermine or interfere with an employee’s work performance.
A single act shall not constitute disrespectful conduct unless especially severe and egregious.
II. Responsibilities
a. Employees, Volunteers, Councilmembers, Commissioners, Customers, Contractors,
and Visitors: All persons are required to behave respectfully and to refrain from
disrespectful behaviors, and are expected to:
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Recognize when they or others are being subjected to disrespectful conduct and
not condone or ignore it;
Bring the situation to the attention of a supervisor or the next person in the chain
of command, department director, or Human Resources Department, or where
physical safety is concerned, contact emergency services (9-1-1);
Understand that someone’s intent does not excuse otherwise disrespectful conduct
and/or relieve them from being held accountable for their actions; and
Address, if possible, inappropriate behavior directly with the person engaging in
such conduct in a professional and nonconfrontational manner.

b. Executives, Managers, and Supervisors: Executives, managers, and supervisors are
responsible for demonstrating respectful personal behavior towards all coworkers and
visitors, as well as to set an example of respectful behavior as a model for City
employees, volunteers, and visitors. In addition to this responsibility and the
expectations listed above, executives, managers, and supervisors are expected to:
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Maintain a level of awareness with their staff sufficient to know if disrespectful
behavior is occurring; and
Maintain a level of open communication with their staff that encourages them to
report instances of disrespectful behavior that have occurred;

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Encourage the reporting of instances of disrespectful behavior by making this
policy known to all employees;
Promptly address all observed disrespectful behavior;
Take reports and complaints of disrespectful behavior seriously and, if deemed
appropriate following consultation with their immediate supervisor, attempt to
independently confirm whether or not the reported behavior occurred or is
occurring, without divulging the identity of the reporting party; and
Promptly report complaints to a supervisor, the department director, and Human
Resources Department.

III. Retaliation
The City maintains a strict stance of no tolerance for retaliation against anyone for bringing a
complaint or participating in an investigation. Under no circumstances will anyone be
disciplined, demoted, or otherwise retaliated against for reporting, disclosing, or bringing a
Respectful Workplace Conduct complaint to the attention of the City. Employees found to
have participated in retaliatory action in contravention of this policy shall, therefore, be
subject to disciplinary action up to and including termination.
a. Anyone who believes they have been retaliated against because they filed a
complaint, participated in an investigation, or reported observing a violation of the
Respectful Workplace Conduct Policy should report this behavior to their supervisor,
department director, or Human Resources Department.
b. Complaints of retaliation will be investigated promptly.
PROCEDURE
I. Filing a Respectful Workplace Conduct Complaint
Any person who observes or perceives they have been subjected to conduct by another
person believed to be a violation of this policy may initiate the complaint process by
notifying their immediate supervisor, department director, or Human Resources Department.
a. Complaints may be submitted to an employee’s immediate supervisor, any supervisor
or manager within or outside the department, the department director, or Human
Resources Department within thirty (30) days of the date the alleged action occurred.
Any City of Santa Cruz supervisor, manager, or department director who receives a
complaint shall notify an appropriate supervisor/manager/director and Human
Resources upon receipt of the complaint.
b. If a complainant wishes to file the complaint in person and receive assistance, they
may contact the Human Resources Department to schedule an appointment.
c. Written complaints should include the following information (it is recommended but
not required to use the “Respectful Workplace Conduct Complaint Form”);

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The name, address, and telephone number of the complainant.
The specific disrespectful practice(s) or incident(s) that have occurred,
including retaliation.
The names of any persons thought to be responsible for the disrespectful
behavior.
The remedy the complainant is seeking as a result of the complaint.
The name, address, and telephone number of the complainant’s representative,
if any.

II. Investigation
After reviewing the information contained in the complaint, the staff member who received
the complaint within the department of the complainant will, in consultation with his or her
immediate supervisor, determine if the complaint can be resolved within the department or if
there is sufficient complexity to warrant a formal investigation. If so determined, the
department director will be consulted and the Human Resources Department will coordinate
and conduct (or delegate responsibility for coordinating and conducting) an investigation.
The investigation will proceed within the following guidelines:
a. Steps will be taken to ensure employees are protected from further violations.
b. Complaints will be dealt with in a discreet and confidential manner, to the extent
possible.
c. All parties are expected to cooperate with the investigation and are required to keep
information regarding the investigation confidential. Failure to cooperate or maintain
confidentiality could result in disciplinary action up to and including termination.
d. Employees who are the subject of an investigation into actions constituting a possible
violation of this policy may request to have representation. The right to
representation may be required for members of the Police and Fire bargaining units.
e. The complainant, the employee subject to the investigation, and all witnesses will be
informed that retaliating against a person for making a complaint and/or participating
in an investigation will not be tolerated and could result in disciplinary action up to
and including termination.
III. Resolution of the Complaint
If a complaint is substantiated, the employee subject to the investigation will be notified of
the appropriate disciplinary action that will be taken.
a. The complainant will be notified if any part of a complaint is substantiated and if
action has been taken. The complainant will not be told the details of the action,
including discipline.

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b. Both the complainant and the employee subject to the investigation will be notified if
a complaint is not substantiated.
IV. Withdrawal of Complaint
The complaint or any part of the complaint may be withdrawn at any time by the
complainant; however, the request for such withdrawal must be in writing and state the
reasons for the request. The Human Resources Department will review the request for
withdrawal in order to determine whether or not it was the result of restraint, interference,
coercion, discrimination, retaliation, or reprisal. An investigation may still proceed if a
complaint is withdrawn.
V. Records
All records of complaints and investigations, whether substantiated, unsubstantiated, or
withdrawn, will be maintained in confidence by the Human Resources Department.
Only documentation of disciplinary action imposed as a result of a sustained complaint is
maintained in the employee’s personnel file.
DEFINITIONS OF TERMINOLOGY
Abusive Conduct: Conduct of an employer or employee in the workplace or on social media,
undertaken with malice that a reasonable person would find hostile or offensive and unrelated to
an employer’s legitimate business interests. Abusive conduct may include repeated infliction of
written or verbal abuse, including the use of social media, such as the use of derogatory remarks,
insults, and epithets, verbal or physical conduct that a reasonable person would find threatening,
intimidating, or humiliating, or the sabotage or undermining of a person’s work performance. A
single act shall not constitute abusive conduct, unless especially severe and egregious.
Aggressive: Demonstrating unduly forceful behavior.
Bullying: Conduct, either direct or indirect, that harms one or more individuals, not limited to
behaviors that cause physical harm. Bullying may be verbal (including oral and written language
as well as the use of social media) or nonverbal, may involve a real or perceived imbalance of
power, and often includes behaviors described above as Abusive Conduct.
Derogatory: Behavior that is disparaging or belittling in attitude that aims to detract or diminish.
Disrespectful Conduct:
1) Use of language that is intended to be, or would be perceived by a reasonable person to be,
demeaning, berating, humiliating, threatening, rude, bullying, offensive, insulting,
slanderous, or malicious rumor-spreading;
2) Conduct that a reasonable person would find disruptive, abusive, threatening, intimidating,
aggressive, or insubordinate; and
3) Acts to undermine or interfere with an employee’s work performance.

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A single act shall not constitute disrespectful conduct, unless especially severe and egregious.
Epithet: A word or phrase meant to characterize a person or thing, particularly in a negative or
derogatory manner.
Humiliate: To disgrace, belittle, or make another appear foolish.
Insolent: Speaking or behaving in a way that is disrespectful or insulting.
Insult: To use offensive or disrespectful epithets towards others.
Intimidate: To behave in a manner that would cause a reasonable person to fear physical or
emotional damage or harm.
Malice: A willful and conscious disregard of the feelings, rights, or safety of others.
Respectful Conduct: Behavior that expresses consideration of others’ identities, viewpoints, and
beliefs; restraint from behaviors that would be considered disrespectful conduct.
Retaliation: Verbal, nonverbal, or physical conduct or actions including the use of social media
intended to injure or harm someone as a response to an action taken or perceived to have been
taken; revenge.
Sabotage: The deliberate undermining of a person’s work performance.
Threatening: Acting in a deliberately frightening quality or manner.
EXAMPLES OF BEHAVIORS
I. Examples of Respectful Behavior:
Every person is expected to abide by these values and standards of respectful interpersonal
behavior, communication, and professionalism:
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We respect and value the contributions of all members of our community;
We listen first and take responsibility for all our behaviors, including all verbal and
nonverbal actions;
We treat coworkers and others with respect, civility, and courtesy;
We work honestly, effectively, and collegially;
We respond promptly, courteously, and appropriately to requests for assistance or
information;
We use conflict management skills, together with respectful and courteous verbal
communication, to effectively manage disagreements;
We encourage and support all coworkers and others in developing their individual
conflict management skills and talents;

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We have an open and cooperative approach in dealings with employees, recognizing
and embracing individual differences;
We recognize that differing social and cultural standards may mean that behavior that
is acceptable to some may be perceived as unacceptable or unreasonable to others;
We abide by all applicable rules, regulations, and policies and address any
dissatisfaction with, or violation of, policies and procedures through appropriate
channels;
We demonstrate commitment to a culture where all coworkers cooperate and
collaborate in using best practices to achieve positive work-related outcomes; and
We are responsible stewards of resources and human assets to achieve excellence and
innovation in the service to our community.

II. Examples of Disrespectful Behavior
Every person is expected to refrain from exhibiting disrespectful behavior. Examples of
disrespectful behavior can include, but are not limited to, the following:
 Use of threatening or abusive language, or language that is intended to be, or is
perceived by others to be, demeaning, berating, humiliating, or offensive;
 Intentionally ignoring someone, picking on an individual or group, or bullying;
 Making threats of violence, retribution, or financial harm; shouting or engaging in
other speech, conduct, or behaviors that are reasonably perceived by others to
represent intimidation;
 Using racial or ethnic slurs; demonstrating racial, gender, sexual orientation, or
cultural bias (see also 1) City Council of Santa Cruz Policy 25.2 (Discrimination and
Harassment Policy), and 2) Administrative Procedure Order II-1A,
(Discrimination/Harassment Policy Implementation and Complaint Procedure));
 Making or telling jokes that are intended to be or that are reasonably perceived by
others to be derogatory, crude, or offensive; teasing, name-calling, insulting,
ridiculing, or making someone the brunt of pranks or practical jokes;
 Using sarcasm or cynicism directed as a personal attack on others;
 Spreading malicious rumors or gossip;
 Throwing instruments, tools, office equipment, or other items as an expression of
anger, criticism, or threat, or in an otherwise disrespectful or abusive manner;
 Making comments or engaging in behavior that is untruthful or directed as a
dishonest personal attack on the professional or personal conduct of others;
 Retaliation;
 Sabotage; and
 Insubordination: Not submitting to authority; being disobedient to proper direction
from an organizational superior, including, but not limited to, refusal to do an
assigned job, refusal to render assistance, refusal to work overtime when mandatory,
insolent response to a work order, or unreasonable delay in carrying out an
assignment.

 RESPECTFUL WORKPLACE
CONDUCT COMPLAINT FORM
SECTION I. Complainant Information (Person filing this complaint)
Name: _______________________________________________________________
Address: ______________________________________________________________
Phone: _______________________________________________________________
Position: ______________________________________________________________
Supervisor: ____________________________________________________________

SECTION II. Respondent Information (Person this complaint is being filed against)
Name: _______________________________________________________________
Job Title: _____________________________________________________________
Department: ___________________________________________________________

SECTION III. Description of Complaint
Date and Time of Incident: _______________________________________________
Location of Incident: ____________________________________________________
1. Please provide a description of the incident(s) constituting the alleged violation.
Include the person(s) involved, and the name(s), and contact information of any
person(s) who may have knowledge of the incident(s). (Attach additional sheets if
necessary.)
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
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 2. What is the remedy being sought for this complaint?
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

SECTION IV. Confidentiality
To the extent possible, it is the intention of the City to protect the confidentiality of any person
who contacts the City for the purpose of seeking information, assistance, or counseling regarding
this Policy. Information given to the City in the course of an internal investigation is not
confidential; however, except as required by Public Records laws or the requirements of a
thorough investigation, the City will release information only on a “need-to-know” basis. If you
have questions about personal safety or personal privacy, you should discuss these questions
with the Human Resources Department, your union representative, or your own attorney prior to
providing information.
I have read and understand the City’s Respectful Workplace Conduct Policy and declare that the
information contained herein is true and correct.

_____________________________________
Signature of Complainant

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Date

Internal Use Only:
Complaint Received by: _________________________________________________________
Signature: ____________________________________________________________________
Date Received: ________________________________________________________________

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