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HomeMy WebLinkAboutResolution 7733 RESOLUTION 7733 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION REVISING SECTION 1.27 OF THE CITY OF MOUNDS VIEW PERSONNEL MANUAL RELATING TO THE PREVENTION OF SEXUAL HARASSMENT WHEREAS, the City Council acknowledges the necessity of ensuring that the policies within the City's Personnel Manual are appropriate, consistent with applicable law and reflective of the City's goals and priorities; and, WHEREAS, noting deficiencies in Section 1.27 of the Personnel Manual relating to "Offensive Behavior and Sexual Harassment City Staff requested the City Attorney to review Section 1.27 and propose updated language for City Council consideration; and WHEREAS, the City Council reviewed the City Attorney's replacement policy language at its worksession on January 3, 2011, and recommended a resolution be prepared to adopt the new language. NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council approves the replacement of the existing language in Section 1.27 relating to "Offensive Behavior and Sexual Hara sment" with new language entitled "Sexual Harassment Prevention" as noted in the attached Exhibit A. Adopted this 28th day of February, 2011. A be Flah4, May ATTEST: James Ericson, City Administrator (seal) Exhibit A. Personnel Manual Section 1.27: SEXUAL HARASSMENT PREVENTION Policy Statement The City of Mounds View is committed to creating and maintaining a work place free of harassment and discrimination. Such harassment is a violation of Title VII of the Civil Rights Act of 1964 and the Minnesota Human Rights Act. In keeping with this commitment, the City maintains a strict policy prohibiting unlawful harassment, including sexual harassment. This policy prohibits harassment in any form, including verbal and physical harassment. This policy statement is intended to make all employees sensitive to the matter of sexual harassment, to express the City's strong disapproval of unlawful sexual harassment, to advise employees against this behavior and to inform them of their rights and obligations. The most effective way to address any sexual harassment issue is to bring it to the attention of management. The City will not tolerate the sexual harassment of any of its employees, and will take immediate, positive steps to stop it when it occurs. Conduct found to be in violation of this policy may subject the perpetrator to discipline including possible termination. This policy applies to all of the City's employees, including elected officials, members of boards and commissions, consultants rendering professional services to the City and volunteer personnel. This policy supersedes any other policy or practice concerning sexual harassment/inappropriate conduct previously established by the City. Definitions "Sexual harassment/inappropriate conduct" includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal, or physical conduct or communication of a sexual nature when: Submission to the undesirable conduct or communication is made a term or condition, either explicitly or implicitly, of an individual's employment; Submission to or rejection of such conduct or communication by an individual is used as a factor in decisions affecting that individual's employment; Such conduct or communication has the purpose or effect of unreasonably interfering with an individual's employment or creates an intimidating, hostile or offensive working environment and the City knows or should know of the existence of the harassment and fails to take timely and appropriate action; or "Sexual Harassment/inappropriate conduct" may come in various forms including, but not limited to: Page A -1 Physical unwelcome sexually motivated patting, pinching, cornering, hugging, kissing. Verbal sex oriented teasing and use of offensive or demeaning terms which have sexual connotations. Visual suggestive cartoons, calendars, posters or jokes displayed or circulated in the workplace. Sexual favors subtle or explicit demands or pressure for sexual favors or sexual activity. Nonsexual conduct that is demanding, degrading or harassing directed towards someone that would not have occurred but for the individual's gender. Expectations The City of Mounds View recognizes the need to educate its employees on the subject of sexual harassment and stands committed to providing information and training. All employees are expected to treat each other and the general public with respect and to assist in fostering an environment that is free from unwanted harassment. Violations of this policy may result in discipline, including possible termination. Each situation will be evaluated on a case -by -case basis. If any employee has knowledge of sexual harassment/inappropriate conduct or believes they are being harassed by a City employee (i.e., co- worker, Supervisor, subordinate) or by someone who is not a City employee but with whom the employee has contact because of work duties, the employee should make this known to the employee's Supervisor immediately. If the employee feels that the matter cannot be discussed with the immediate Supervisor, the employee should arrange a conference with the Department Head, Human Resource Representative, City Administrator or City Attorney. In addition to notifying one of the above persons and stating the nature of the harassment, the employee is also encouraged to take the following steps: 1. Make it clear to the harasser that the conduct is unwelcome and document that conversation; 2. Document the occurrences of harassment; 3. Submit the documented complaints to your supervisor, City Administrator, Mayor or any member of the City Council. Employees are strongly encouraged to put the complaint in writing. 4. Document any further harassment or reprisals that occur after the initial complaint is made. The City urges that conduct which is viewed as offensive be reported immediately to allow for corrective action to be taken through education and immediate counseling, if appropriate. Page A -2 Each Department Head and Supervisor is responsible for: The implementation of this policy within their area; Assuring that all employees are informed of this policy by issuing a statement that will make it clear to all employees that sexual harassment/inappropriate conduct is considered a form of employee misconduct and discipline will be enforced against any employee engaging in such conduct and against any Supervisor, or Department Head who knowingly allows such behavior to continue; Taking steps to encourage individuals who believe that they have been the recipient of sexual harassment/inappropriate conduct to report such incidents to their Supervisor, Department Head, Human Resource Representative, City Administrator or City Attorney; Cooperating fully with any ongoing investigation regarding any incident of sexual harassment/inappropriate conduct; and Monitoring the work place to ensure no sexually suggestive material is displayed. The employee's Supervisor, or the person to whom the employee spoke with, should notify the City Administrator as soon as is practicable after receiving notice of the concerns. The matter will be investigated in a thorough and timely manner by the City Administrator or his /her designee and appropriate action will be taken. All investigations will be conducted in compliance with applicable state law, union contracts, and this policy. To accomplish this task, the cooperation of all employees is required. Any employee who makes a false complaint or provides false information during an investigation may be subject to disciplinary action, up to and including termination. The City will take action to correct any and all reported harassment to the extent evidence is available to verify the alleged harassment and any related retaliation. Strict confidentiality is not possible in all cases of sexual harassment as the accused has the right to answer charges made against them; particularly if discipline is a possible outcome. Reasonable efforts will be made to respect the confidentiality of the individuals involved, to the extent possible. Retaliation The City of Mounds View will not tolerate retaliation or intimidation directed towards anyone who makes a complaint. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. Any individual who retaliates against a person who testifies, assists, or participates in an investigation may be subject to disciplinary action up to and including termination. Page A -3