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‘Violent incidences’ prompt legislation coming forward to protect regional district staff

Timothy Schafer Local Journalism Initiative Reporter
By Timothy Schafer Local Journalism Initiative Reporter
September 2nd, 2023

A steep rise in the reporting of violent incidences from regional district workers has municipal government staff ‘strongly’ pursuing legislation to protect people in the workplace.

Through its last meeting (Aug. 17) the Respectful Behaviour Bylaw was brought forward by Regional District of Central Kootenay (RDCK) staff to impose obligations upon the RDCK to act with fairness when handling incidents involving the public at its facilities, offices and in the field.

“This should help build the public’s confidence that all individuals will be treated fairly by the RDCK in any matter,” noted Mike Morrison, RDCK manager of Corporate Administration and corporate officer.

“Staff strongly recommend adoption of the bylaw,” Morrison wrote in his report to the RDCK board of directors in August.

The steep rise in the reporting of violent incidences from workers during the pandemic prompted a report released November, 2021 by former RDCK human resources advisor Lindsay Gaschnitz. In the document, Gaschnitz recommended “improved de-escalation training, faster and better reporting/tracking, consistent investigation mechanisms” and better public communication.

“While we are able to improve program elements to train and support workers, and to inform the public that we disapprove of their violent treatment of our workers, what will still be missing is clarity, consistency or regularity in regards to what we can actually do to dissuade the public from committing violent acts at our worksites in the first place,” Gaschnitz wrote at the time.

There was also little or no recourse within the RDCK when a violent act did occur, Gaschnitz explained, so there was little to dissuade people from repeating inappropriate behaviours.

“These incidents range from contravention of posted facility rules or Codes of Conduct to acts of vandalism, violence and harassment,” Gaschnitz contended. “These incidents can jeopardize the safety and well-being of residents and visitors, and detract from the positive experience of using RDCK facilities. Additionally, the potential for violence is a workplace health and safety concern and exists whenever there is direct interaction between workers and non-workers.”

Although the pandemic ended in the last two years the RDCK experienced some incidents which highlighted the need to have better procedures in place for following up on reported incidents.

Consideration of the bylaw was initially driven by an identified need to have better tools for protecting staff from inappropriate or violent conduct by public customers at RDCK facilities.

“For context, many public authorities experienced a general increase in reported incidents through the pandemic period, at least partially related to the imposition of public health restrictions,” Morrison said.

The RDCK had provided no formal written guidance for managers to consider when investigating and prescribing follow-up actions for incidents that have occurred at RDCK facilities.

Bylaw benefits

The expected benefits of adopting the bylaw are summarized as follows:

  • Formally defines inappropriate behaviour for the purpose of the RDCK’s public -facing operations;
  • Sets clear expectations for public behaviour at our facilities;
  • Defines procedures for front line staff to follow when incidents involving public behaviour occur at RDCK facilities;
  • To ensure that managers and general managers are directing any post-incident investigations, which reduces the involvement of front line staff and supervisors who may be directly involved in incidents;
  • Enables a range of reasonable and progressive limitations on public access to RDCK facilities, up to and including suspensions, that may be applied following an incident;
  • Provides assurances that the bylaw will be applied fairly and in accordance with the Human Rights Code and the Charter of Rights and Freedoms; and
  • Provides that any suspension applied by the RDCK under the bylaw can be appealed to the chief administrative officer.

Source: RDCK Aug. 17 agenda

Outside the RD

The bylaw can apply only at facilities owned and operated by the RDCK.

In May 2022, in response to inappropriate behaviour experienced by staff who regularly attend private properties — building officials and bylaw officers — regional district staff was asked to develop policy in accordance with the following resolution:

“That the board direct staff to prepare a draft policy for board consideration to the effect of defining responses, procedures, and complaint processes to address harassment and abusive behaviour directed at RDCK staff attending private properties in the course of their duties, specifically building inspectors and bylaw enforcement officers.”

At the time it was felt that the bylaw would be developed first, and following adoption by the board, elements of the bylaw would be included in the policy.

Morrison said staff are exploring options for the policy, with it making an appearance in fall 2023.

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