§ 2-31. Conduct in the workplace.

(a)

Non-discrimination/non-harassment/non-retaliation policy.

Statement of purpose .

It is the city's policy to prohibit any form of discrimination or harassment in the workplace based on race, religion, sex, national origin, age, disability, genetic information, or other individual characteristics protected by applicable federal, state or local non-discrimination laws.

Non-retaliation policy .

This policy also prohibits any retaliatory action against anyone who has complained in good faith about discrimination or harassment in the workplace, has participated in an investigation, proceeding or lawsuit regarding an allegation of discrimination or harassment in the workplace, or who otherwise opposes employment practices the individual reasonably believes discriminate against individuals in violation of law.

Definitions .

1.

Discrimination is defined as the unfair or unequal treatment of an individual (or group) in the terms and conditions of employment based on certain characteristics protected under law.

2.

Harassment is defined as unwelcome and offensive conduct, both verbal and physical, that singles out, denigrates, or shows hostility or aversion toward someone because of race, religion, color, national origin, age, disability, genetics, veteran status, citizenship, or any other characteristic protected by law.

3.

Hostile work environment is a type of harassment defined as severe or pervasive harassment that creates a work environment a reasonable person would find intimidating, hostile or offensive and unreasonably interferes with the individual's work performance.

4.

Retaliation is defined as adverse action against an individual for opposing or reporting a discriminatory practice or participating in an employment discrimination proceeding or investigation.

i.

Examples of retaliation include employment actions like termination, refusal to hire and denial of a promotion.

ii.

Retaliation may include other actions that would dissuade a reasonable individual from reporting discrimination or harassment, such as threats or intimidating comments, unjustified negative evaluations or references, demotions or reassignments to less desirable positions, increased surveillance and social isolation and exclusion.

5.

Sexual harassment is a form of harassment defined as:

i.

Unwelcome sexual advances;

ii.

Requests for sexual favors; or

iii.

All other verbal or physical conduct of a sexual or otherwise offensive nature where

• Submission to such conduct is made either explicitly or implicitly a term or condition of employment;

• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; and/or

• Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

6.

Personal space is defined as an approximate area surrounding an individual in which other people should not physically violate in order for the individual to feel comfortable and secure.

Examples of Prohibited Conduct .

Although not exhaustive, the following are examples of conduct expressly prohibited by this policy:

1.

Sexually-suggestive touching;

2.

Grabbing, groping, kissing, fondling;

3.

Intentionally violating someone's "personal space";

4.

Lewd, off-color, sexually oriented comments or jokes;

5.

Jokes, cartoons, photographs or offensive comments based on race, sex, religion, national origin, disability, etc.;

6.

Foul or obscene language;

7.

Sexually, racially or otherwise discriminatory or lewd e-mails, text messages or voicemail messages;

8.

Threats of violence or retribution;

9.

Intimidation;

10.

Repeated requests for dates;

11.

Sexual assault or rape; or

12.

Conduct, comments, or innuendoes that may be perceived by others as offensive are wholly inappropriate.

Reporting complaints .

Any employee who believes that he/she has been the subject of discrimination, harassment or retaliation, or has witnessed an incident of discrimination, harassment or retaliation, is encouraged to report it immediately, or as soon as practicable, to the complainant's immediate supervisor, department head or the human resources department. All persons that learn of an incident of discrimination, harassment or retaliation have a duty to report it to a supervisor, department head or the human resources department immediately. Supervisors and department heads must report incidents within twenty-four (24) hours to the human resources department. If an incident is reported to the human resources department, the human resources department will notify the respondent's (the accused employee) department head of only the name of the person being investigated; however additional detail can be provided at the conclusion of an investigation.

Procedure for investigating complaints .

The human resources department shall be responsible for coordinating and directing the investigation and review of complaints of discrimination, harassment or retaliation. The following procedures shall apply to the receipt, review, and handling of such complaints and are to be applied under the guidance and in consultation with the human resources department.

1.

If an oral or written complaint is made to anyone other than the human resources department, the complaint shall be immediately referred to the human resources department for investigation. In most cases, the human resources department will be responsible for conducting the investigation, but the city may utilize an outside investigator or legal counsel to conduct investigations at its discretion.

2.

The complainant will be asked to submit a written statement describing the incident(s) and details giving rise to the complaint. The complainant will also be interviewed regarding the allegations. If a complainant does not want to submit the complaint in writing, the human resources department will still investigate the complaint.

3.

Following receipt of the complaint and interview of the complainant, the investigator will contact the respondent (the accused individual) regarding the complaint. If the respondent cannot be reached in-person or by telephone, a notice advising the respondent of the complaint will be mailed via certified mail to the most recent address noted in the respondent's personnel file.

4.

The respondent will be interviewed regarding the allegations. Additionally, the respondent shall have five (5) business days to submit a response to the allegations. The respondent will also have the opportunity to respond to any other new information/allegations that may arise during the course of the investigation.

5.

During the pendency of an investigation, the human resources department, with the city manager's approval, may place the respondent on leave with or without pay for a period not to exceed two (2) weeks (unless extended with approval of the city manager). A decision to place an employee on leave during the pendency of an investigation is not a disciplinary action, nor is it subject to the city's grievance procedures. If wrongdoing is not substantiated, an unpaid suspension will be paid.

6.

In order to conduct a full investigation, the investigator retains the discretion to interview other witnesses and request signed statements from them. The investigator may also request evidence or documents from any of the interviewed parties that could possibly assist in the investigation.

7.

Although all measures to maintain the privacy and confidentiality of the investigation will be taken, no person involved in the investigation process can be guaranteed absolute or strict confidentiality.

8.

As soon as practicable following conclusion of the investigation, but not later than ten (10) business days, the investigator shall provide the human resources department and department head, or other designated individual, a conclusion regarding the validity of the complainant's allegations along with recommendations for action, if any.

9.

The recommendation regarding any possible disciplinary action against any employee on account of an investigation into a complaint of discrimination, harassment or retaliation will be made by the department head in consultation with human resources department and/or the city attorney. The decision shall be rendered as soon as practicable, but not later than ten (10) business days from receipt of the investigator's conclusions. The human resources department and department head will notify the complainant and the respondent in writing of the results of the investigation, with copies to the city manager.

i.

If the complainant's allegation is not substantiated, the investigation may be closed with no action against the respondent. If discrimination, harassment or retaliation did not occur, but other inappropriate behavior did occur, disciplinary or other action may be taken pursuant to the city's policies or city's civil service rules.

ii.

If the complainant's allegation is substantiated, any of the following disciplinary actions may be taken, depending on the severity of the offense:

• Counseling (documented in writing);

• Transfer (the option to transfer the complainant may only be considered upon the complainant's request);

• Suspension (without pay); or

• Dismissal.

iii.

If the investigation into a complainant's allegations proves inconclusive, the department head, in consultation with human resources department may recommend on any course of action that serves the best interest of the city, minimizes interference of divisional/departmental operations, and allows for the complainant and respondent to continue their work routines with minimal personal consequence.

iv.

If the complainant's allegations are proven to have been made in bad faith, the complainant shall be disciplined appropriately.

10.

A complainant may withdraw a complaint at any time. However, the city may still pursue an investigation and determine whether disciplinary action is warranted against any employee on account of the complaint.

11.

In any instance where a member of the human resources department is the subject of a complaint of discrimination, harassment or retaliation, the same procedures shall apply except that the city manager will be responsible for receiving, reviewing and handling the complaint. The city manager shall have the authority to appoint a designee or outside investigator to conduct the investigation.

12.

In any instance where the city manager, municipal court judge, alternate municipal court judge, city auditor or the city attorney is the subject of a complaint of discrimination, harassment or retaliation, the same procedures shall apply except that human resources department will be responsible for receiving, reviewing and handling the complaint, including the authority to appoint an outside investigator to conduct the investigation, and report findings and recommendations to city council.

Appeals .

Disciplinary actions taken against a complainant or respondent as a result of an investigation into a complaint of discrimination, harassment or retaliation may be appealed in accordance with city or civil service grievance procedures, as applicable.

Ongoing duty to monitor and report.

It is the ongoing responsibility of all department heads, supervisors and managers to monitor the employees in their areas of responsibility for inappropriate comments, displays or behavior and to take appropriate action by reminding their employees of the city's policies and reporting concerns and incidents to the human resources department. Upon learning of a possible incident of discrimination, harassment or retaliation in the workplace, supervisors should report the incident to human resources by no later than one (1) business day.

Record keeping .

All records concerning an investigation into a complaint of discrimination, harassment or retaliation shall be kept in a separate secure file in the human resources department. Access to an investigation file shall only be granted to parties who have a direct and relevant need for the information and only upon approval by the human resources department and/or legal counsel. Records concerning any subsequent disciplinary action against an employee as a result of an investigation shall be kept in the employee's regular personnel file.

(b)

No-dating policy. In furtherance of the city's non-discrimination and non-harassment policy, supervisors, managers and department heads are prohibited from dating or engaging in any type of intimate or romantic relationship with subordinate employees. Such relationships can be disruptive to the workplace, create a conflict of interest or the appearance of a conflict, and lead to charges of favoritism, discrimination or sexual harassment. The city reserves the right to take whatever action is appropriate, in its discretion, to protect the city's interest in promoting a fair, equitable and harassment-free workplace in the event of a violation of this policy.

A "subordinate employee" is any employee under the authority and/or supervision of another individual within the city.

Duty to Report .

Any employee who becomes involved in an intimate or romantic relationship with any employee of management capacity within the employee's department must promptly notify his/her department head of the relationship within three (3) business days. In the case of a relationship with a department head, the employee shall notify the human resources department within three (3) business days. The department head will review the situation and take appropriate action where necessary in consultation with human resources, as approved by city manager. In the case of a relationship involving a department head, human resources shall consult with and seek the approval of the city manager prior to taking any appropriate action. Failure to disclose a relationship in violation of this provision could result in disciplinary action, including termination, pursuant to city policies or the city's civil service rules.

Reassignment if available .

Upon disclosure of a relationship between a supervisor and subordinate employee, the department head in consultation with human resources, and the approval of city manager, may decide to reassign one (1) or both employees to another position or department in the city to eliminate the conflict of interest. In the case of relationships involving a department head, human resources shall consult and obtain the approval of city manager before reassigning one (1) or both employees. Where reassignment is not an option, the employee in the supervisory or managerial position may be subject to termination pursuant to city policies or the city's civil service rules.

Responsibility of professionalism .

All employees involved in intimate or romantic relationships with other city employees, whether or not in contravention of this policy, have the duty to ensure they act professionally at all times and not engage in any conduct that interferes with their ability to perform their jobs or that could be deemed offensive to others.

(c)

Workplace gossip policy. While the city respects the right of its employees to express their opinions and communicate with one (1) another regarding their employment and workplace environment, workplace gossip and/or spreading rumors about fellow employees that leads or would tend to cause disruptions in the workplace and/or damage interpersonal relationships may subject an employee to disciplinary action.

(d)

Workplace bullying policy. The city is committed to providing all employees a healthy, safe and respectful work environment. To that end, the city is committed to the elimination of bullying in the workplace. Bullying behavior by any city employee, including supervisors, directors and executives, will not be tolerated. This policy applies during normal working hours, at work-related or sponsored functions, and while traveling on work-related business. Employees found in violation of this policy may be disciplined, up to and including termination pursuant to city policies or city's civil service rules. Retaliation against individuals who make a good faith report of bulling is strictly prohibited.

Definitions .

The city defines "bullying" as unwelcome or unreasonable behavior that demeans, intimidates or humiliates people either as individuals or as a group. Bullying behavior is often persistent and part of a pattern, but it can also occur as a single incident. It may be carried out by an individual or as a group. Some examples of bullying behavior are:

1.

Verbal communication:

• Abusive and offensive language;

• Threats;

• Insults;

• Teasing;

• Spreading rumor and innuendo;

• Criticism that is not constructive or work-related; or

• Trivializing of work and achievements.

2.

Manipulating the work environment:

• Isolating people from normal work interaction;

• Excessive demands;

• Setting impossible deadlines; or

• Placing on least desired schedules.

3.

Psychological manipulation:

• Unfairly blaming for mistakes;

• Setting people up for failure;

• Deliberate exclusion;

• Unjustified excessive supervision;

• Practical jokes;

• Belittling or disregarding opinions or suggestions; or

• Criticizing in public.

4.

Mobbing:

• Mobbing is the bullying or social isolation of a person through collective unjustified accusations, humiliation, general harassment or emotional abuse.

• Although it is group behavior, specific incidents such as an insult or a practical joke may be carried out by an individual as part of mobbing behavior.

Responsibilities .

All employees have a duty and responsibility to promptly report any incidents of bullying in the workplace to their immediate supervisor, department head or human resources department. If the report is submitted to the human resources department, the department head(s) must be notified. Context is important in understanding bullying, particularly verbal communication. While care should be exercised, it is better to make a good faith report of bullying than to let actual bullying go unreported.

1.

Department heads and supervisors shall:

• Ensure that all employees are aware of the city's anti-bullying policy;

• Ensure that any incident of bullying is dealt with regardless of whether a complaint of bullying has been received orally or in writing;

• Provide leadership and role-modeling in appropriate professional behavior; and

• Respond promptly, sensitively and confidentially to all situations where bullying behavior is observed or alleged to have occurred.

2.

Employees shall:

• Familiarize themselves with and behave according to this policy;

• Report incidents of bullying to your supervisor, department head or human resources director as appropriate; and

• Where appropriate, speak to the alleged bully(ies) to object to the behavior.

Reporting .

Any employee who feels he or she has been a victim of bullying or witnessed an incident of bullying is encouraged to report the matter to his or her immediate supervisor, department head or the human resources department. Supervisors and department heads shall report all complaints of bullying, whether oral or written, to the human resources department. When appropriate, the human resources department may undertake an investigation in accordance with the process for investigating complaints of discrimination and harassment. Any disciplinary measures will be taken as necessary, pursuant to city policies or the city's civil service rules.

(e)

Violence or threats in the workplace. Verbal threats of violence or threatening behavior in the workplace are strictly prohibited. Employees who violate this policy will be subject to disciplinary action, including possible termination. Due to the serious nature of this offense, any comment will be taken seriously, and it shall not be an excuse that an employee intended the comment in a joking or harmless manner, or that the employee made such statement while angry. If an employee receives a threat or is treated in a hostile manner, the employee should not respond in kind, but rather should report the matter to the employee's supervisor, department head or human resources department. Responding in kind, except to legitimately defend yourself if in physical danger, is a violation of this policy and will result in discipline, up to and including termination.

(Ord. No. 2018-27, § 1, 10-2-2018)