Bullying in the Workplace,*

Workplace Bullying is occurring in the County workplace and there is no policy or employee training to preclude bullying. Bullying in any form is unacceptable. Maintaining a workplace free from threatening or bullying behavior is a priority of the Board of Supervisors and the County Executive Office. We acknowledge "Bullying" may be occurring in the County Workplace as it would be unrealistic in a 26 Agency, 8000+ employee organization to assume that incidents of inappropriate and/or discourteous conduct, here being labeled as "bullying," do not occur. We disagree with regard to the perception that such conduct is pervasive and is not addressed by current policy or training. The testimony of 12 unidentified individuals, an unknown number of whom testified on the same issue(s), do not provide sufficient evidence to conclude misconduct is routinely occurring in the County Organization that is not being addressed. That being said, even one instance of inappropriate behavior is too many and we intend to ensure our mandatory training, rules and policies continue to stress our commitment to a work environment in which its officials, managers/supervisors and employees treat each other, their customers and clients with courtesy, dignity and respect. Although specific terminology may differ, we believe that the existing rules address the conduct called "Bullying." The County Personnel Rules and Regulations, Article 21 Section 2105, Reasons for Discipline, specifically cites "discourteous treatment" and "any other failure of good behavior or acts which are incompatible with or inimical to the public service." Included within these terms is the entire range of inappropriate behavior that can be identified as bullying. Any and all reported misconduct is assessed to determine the facts and if further assessment is warranted, the matter is investigated. Additionally, the County's Administrative Manual Policy entitled Workplace Violence encompasses the following: "Violence is defined for this policy as any unlawful use of physical force, harassment or intimidation, or abuse of power or authority, where the impact is to control by causing pain, fear, or hurt." Although we believe this language addresses the type of behavior referred to as "Bullying", the County will revise this Policy to include further language specific to the identified inappropriate conduct. Please see our response to recommendation R-01 for further background and information on the County's proposed policy changes.

Processes in place to report workplace behavior problems are not trusted by employees because the agency with the alleged bullying issue is allowed to investigate complaints using personnel within its own organization. This system risks exposure of a complainant's identity and reinforces employee perception that the investigation would not be conducted fairly. Ventura County Grand Jury Bullying in the Workplace Report Board of Supervisors and County Human Resources Response Despite the fact that County employees have and use the numerous existing options available to them should they want to report a workplace problem, a separate hotline would provide a reasonable additional way to report inappropriate conduct. The County's

The BOS does not receive detailed data that would identify bullying problems within county offices. The Board does not currently receive reports of this nature. Such reports would be of benefit to the Board and will be implemented when the new hotline is established. As noted in our response to Recommendation R-05, additional analysis is required to determine the appropriate level of detail for these reports.

Forms used for employee disciplinary actions are not reviewed for content on a periodic basis by county counsel. Since county counsel has opined that the "placement on paid administrative leave memorandum" form is improper, it is likely that other forms used for employee's disciplinary actions may have legal issues. County Counsel over the last several years has reviewed proposed discipline letters to ٠ assure that we meet the California requirements for due process for public employees (Skelly letters) and has represented the County in arbitration cases. Ventura County Grand Jury Bullying in the Workplace Report Board of Supervisors and County Human Resources Response RECOMMENDATIONS