PURPOSE
This policy prohibits workplace bullying by and against City of Poway employees. The City maintains a zero-tolerance position concerning workplace bullying, and any violation of this policy may result in disciplinary action, up to and including termination, the first time such behavior occurs.
POLICY
It is the policy of the City of Poway to provide a secure work environment for all employees, which is free from bullying.
I. DECLARATION
The City will not tolerate any behavior in the workplace that constitutes bullying activity as defined in this policy. Any employee violating this policy may be disciplined, up to and including termination, the first time such behavior occurs.
II. DEFINITION AND EXAMPLES
A. Definition
Workplace bullying is behavior, whether verbal, physical, or otherwise, intended to create an abusive work environment for an employee or employees. Bullying is behavior in the workplace that a reasonable person would find hostile, offensive, and not related to an employer's legitimate business interests.
Hazing, which is a form of bullying, is any conduct whereby an employee causes another to suffer, or be exposed to, any activity that a reasonable person would find cruel, abusive, humiliating, oppressive, demeaning, or harmful. Soliciting or coercing another person to commit any such activity is also considered hazing.
Hazing need not involve physical contact; it can be verbal or psychological in nature. Actual or implied consent to acts of hazing does not eliminate the responsibility of the offender.
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Workplace Bullying Policy
January 15, 2014
B. Examples
Bullying behavior can be obvious and aggressive. Examples could include, but are not limited to:
• Abusive, insulting or offensive language;
• Behavior or language that . frightens, humiliates, belittles or degrades, including criticism that is delivered with yelling and screaming; • Teasing or regularly making someone the focus of practical jokes; • Displaying material that is degrading or offending;
• Spreading gossip, rumors and/or innuendo of a malicious nature; • Intimidating a person through inappropriate personal comments, belittling opinions or unjustified criticism.
Bullying behavior can also be subtle. Examples could include, but are not limited to:
• Deliberately excluding, isolating or marginalizing a person from normal workplace activities; .
• Actively engaging employees in order to bias their perceptions or opinions of another employee;
• Intruding on a person's space by pestering or tampering with their personal effects or work equipment.
Ill. GUIDELINES
The City of Poway will not tolerate bullying in the workplace, and will take corrective and/or disciplinary action, up to and including termination, against any employee that violates this policy.
Every City employee is expected to:
• Comply with the policy;
• Not participate in, encourage, instigate, or provoke bullying behavior; • Immediately report any act of bullying that they witness, regardless of department, division, work group, or location where the act occurs.
Incidents of bullying will not be tolerated under any circumstance and all reported incidents will be documented and investigated. The City will not tolerate retaliation against an employee who reports workplace bullying. 82 of 86 July 15, 2025, Item #14
Workplace Bullying Policy
January 15, 2014
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IV. PROCEDURE
A. Reporting a Violation
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1. When an employee believes that he or she is the target of behavior that may satisfy the definition of workplace bullying (as defined herein), the employee must report any and all incidents immediately to their supervisor, division manager, department director, or the Human Resources Division. Employees who believe they are the target of bullying are not required to confront the alleged bully.
2. When an employee has witnessed, or was made aware of, behavior that may satisfy the definition of workplace bullying (as defined herein), the employee must report any and all incidents immediately to their supervisor, division manager, department director, or the Human Resources Division.
3. When a supervisory-level employee is notified about possible workplace bullying behavior (as defined herein), the supervisor must immediately notify the Human Resources Division.
4. Employees always have the right to report potential bullying activity directly to the Human Resources Division. For example, if circumstances are such that reporting the alleged workplace bullying activity to a supervisory-level employee is not practical and/or possible, the employee shall report any and all incidents directly to the Human Resources Division.
July 15, 2025, Item #14
Workplace Bullying Policy
January 15, 2014
POLICY ACKNOWLEDGEMENT
I have been informed about the content, requirements, and expectations of the City of Poway's workplace bullying policy.
I have received a copy of the policy and agree that it is my responsibility, as a City employee, to fully read, understand, and adhere to the policy.
I understand that if I have any questions regarding the workplace bullying policy, I will consult with my immediate supervisor or the Human Resources Division.
This signed form will be placed in the employee's personnel file.
Employee Signature: ________________ _
Employee Printed Name: _______________ _
Date: __________ _
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Policy No. 030
Preamble
The citizens and businesses of Poway are entitled to responsible, fair and honest local government which has earned the public's full confidence for integrity. The proper operation of democratic government requires that decision-makers be independent, impartial, and accountable to those they serve.
Accordingly, the Poway City Council has adopted this Code of Ethics to:
1. Describe the standards of behavior to which its leaders aspire;
2. Provide an ongoing source of guidance to City officials in their day-to-day service to the City; and
3. Promote and maintain a culture of ethics.
This Code of Ethics builds upon the City of Poway's Ideals, which include:
• Open and Honest Communication at All Times;
• Mutual Respect; and
• Honor of the Public Trust as Stewards of the Community.
Elected officials, officers, employees, members of committees and commIssIons, and volunteers shall comply with the laws of the nation, the State of California and the City of Poway in the performance of their public duties. These laws include, but are not limited to: the United States and California constitutions; the Poway Municipal Code, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and City ordinances and policies.
The purpose of this Code of Ethics is to set a standard of conduct for all elected officials, officers, employees, members of committees and commissions, and volunteers for the City of Poway. The Code will be reviewed and evaluated periodically. 85 of 86 ATTACHMENT D July 15, 2025, Item #14
We maintain Open and Honest Communication at All Times
• I am honest and forthright with my fellow officials, the public and others, even when it is uncomfortable to do so.
• I encourage diverse public engagement in our decision-making processes and support the public's right to know.
We maintain Mutual Respect
• I treat my fellow City officials, staff and the public with patience, courtesy and civility, even when we disagree on what is best for the community.
• I promote consistency, equity and non-discrimination in public agency decision-making.
We Honor the Public Trust as Stewards of the Community
• I am a steward of the public trust.
• I understand that the community expects me to serve with dignity and respect for my office, as well as to be an agent of the democratic process acting in the public interest. • I avoid actions that might cause the public to question my independent judgment. • I do not use my office or the resources of the City for personal or political gain. • I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the City and its residents. • I understand that as an elected official, or as a representative appointed by the City Council, I cannot act on behalf of, or commit the City to any action or policy that has not been authorized by the City Council.
• I am prepared to make decisions in the public's best interest based on the merits and substance of the matter at hand, and to take responsibility for my actions, whether those decisions are popular or not.
We will hold ourselves as individuals and the City of Poway organization as a whole accountable for acting consistently with this Code of Ethics. 86 of 86
Adopted June 6, 2006
Amended October 16, 2012
July 15, 2025, Item #14
Emil Petrossian | Partner
O: (619) 765-4380
[email protected]
V
IA ELECTRONIC MAIL
July 8, 2025
Alan Fenstermacher, Esq.
[email protected]
R
e: Chris Hazeltine adv. City of Poway
Dear Mr. Fenstermacher:
Our law firm represents Chris Hazeltine. As you know, Mr. Hazeltine has been the victim of an unprovoked and unrelenting campaign of harassment, bullying, and defamation at the hands of Tony Blain, a councilmember at the City of Poway (the “City”). To date, Mr.
Blain’s misconduct has resulted in, among other things, specific findings by an independent investigator that Mr. Blain harassed and bullied Mr. Hazeltine by insulting, unjustly criticizing, and engaging in abusive and offensive behavior toward him. In addition, the City has already publicly censured Mr. Blain—the City’s first such reprimand of a sitting city councilmember in the City’s 45 years of existence—and is in the process of censuring him again in light of the above-referenced investigation findings. We understand also that the San Diego County District Attorney’s Office is presently investigating Mr. Blain for possible vote trading and other acts, that he is the subject of a public recall effort, and that the City has sued him for allegedly withholding and destroying public records in violation of California law.
Despite its knowledge of Mr. Blain’s ongoing misconduct, the City has repeatedly failed to stop that misconduct and to protect Mr. Hazeltine from harm. As a result, Mr. Hazeltine has suffered significant injuries, including but not limited to harm to his reputation and severe emotional distress. We reasonably estimate that Mr. Hazeltine’s damages are well into the seven figures, and we believe he has meritorious claims against the City for, at a minimum, defamation, false light invasion of privacy, intentional infliction of emotional distress, hostile work environment/harassment, and negligent supervision. 1 What is more, Mr. Blain’s acts are
indisputable because they are documented in writing, are memorialized in video recordings, and have been observed by many City employees.
Mr. Hazeltine has instructed us to pursue and enforce his rights and remedies to the fullest extent of the law. Accordingly, the purpose of this letter is to notify the City regarding Mr. Hazeltine’s potential claims and to provide the City with an opportunity to avoid formal 1 As a public entity, the City is vicariously liable for its employees’ tortious conduct committed within the scope of employment. See Cal. Gov’t Code § 815.2. In addition, the City has effectively ratified Mr. Blain’s conduct by failing to prevent or stop it, and is liable to Mr.
Hazeltine on that basis as well.
Glaser .1 Wei
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July 15, 2025, Item #16
July 8, 2025
Alan Fenstermacher, Esq.
litigation. Mr. Hazeltine is a proud public servant and a faithful City employee, and he intends to remain one. Thus, he wishes to avoid a prolonged and protracted litigation against the City.
However, whether formal litigation can be avoided depends on whether and how quickly the City acts to rectify the present situation and to compensate Mr. Hazeltine for the substantial harm he has suffered.
If the City is interested in having a constructive discussion regarding this matter, please contact me at your earliest convenience and no later than the close of business on July 16, 2025.
If I do not hear from you by this date, Mr. Hazeltine will assume that the City is not interested in exploring a resolution outside of court, and he will proceed with enforcing his rights and pursuing his remedies against the City without further notice.
Our investigation of this matter is ongoing. This letter is not intended to constitute a full or complete recitation of the facts or issues regarding the above-referenced subject matters.
Likewise, nothing in this letter is intended to be, or should be construed as, a waiver, relinquishment, or forfeiture of any of Mr. Hazeltine’s rights, remedies, claims, or contentions, whether at law or in equity, all of which are hereby expressly reserved.
We look forward to your prompt response.
Very truly yours,
Emil Petrossian
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July 15, 2025, Item #16