Loading...
HomeMy WebLinkAbout3E - Sexual harassment Policy CONSENT AGENDA PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: HERITAGE 1891 COMMUNITY 1991 1f7JsrJ% 2Q91 3 (e) DAVID J. UNMACHT, CITY MANAGER CONSIDER APPROVAL OF SEXUAL HARASSMENT POLICY MAY 7, 1990 Sexual harassment in any form is becoming a very sensitive and important topic in the workplace. City staff believes that a Policy addressing this issue is important. Attached is a Policy for your review. On September 6, 1989, the City of Prior Lake conducted a sexual harassment workshop in conjunction with the City of Sava~e. The workshop was held in the Prior Lake C1ty Hall Council Chambers. The workshop was conducted by Dr. Robert Hamilton from the Government Training Service, and it was entitled Sexual Harassment: What It Is and What To Do About It. (By conducting the workshop with the City of Savage, not only were Savage officials able to learn more about this topic, but it also served to equall~ divide the cost for the facilitator, ult1mately reducing expenses for both municipalities.) At the time of the workshop the City of Prior Lake did not have a Sexual Harassment Policy for its employees. As a result of the workshop, a Sexual Harassment Policy Committee was created to draft a Policy to be presented to the City Manager for review and approval. The Committee consisted of Police Chief Dick Powell, Parks and Recreation Director Bill Mangan, Executive Secreta~ Dee Birch, Code Enforcement Officer/Build1ng Inspector Jay Scherer, Engineering Technician Joel Rutherford and Billing Clerk Laurie Davis. The Committee met on several occasions drafted a proposed Policy. The Policy reviewed, amended where appropriate, approved by both City Manager Unmacht and Attorney Kessel. and was and City 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447.4230 / Fax (612) 447-4245 ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: The City of Prior Lake has been free from sexual harassment in the past. Sexual harassment is not anticipated to be an issue within the City of Prior Lake, however, it is important that a Policy be drafted in the event City officials are faced with a sexual harassment complaint. In addition to this POlicy, the City Attorney's office has ~rovided the Cit~ Manager with an 1nvestigative compla1nt procedure to follow when faced with pursuing a sexual harassment complaint. The alternatives are as follows: 1. Adopt the Sexual Harassment Policy as presented by staff. 2. Remove from the consent agenda, discuss and then adopt the policy. 3. Remove from the consent agenda, discuss and table for further action. Staff recommends that the attached Sexual Harassment Policy be approved by the City Council. In addition, the City Manager commends the Committee participants for their work in developing this Policy for all employees. Motion as part of the consent agenda is in order to approve the Sexual Harassment Policy. Note: Upon approval this policr will be incorporated into the City of Pr10r Lake's Personnel Manual. SEXUAL HARASSMENT POLICY City of Prior Lake THIS IS A STATEMENT OF THE CITY COUNCIL AND THE CITY MANAGER OF THE CITY OF PRIOR LAKE, MINNESOTA. It is the policy of the City of Prior Lake that sexual harassment in any form will not be tolerated against employees of the city of Prior Lake. It is the policy of the City of Prior Lake that all employees have a right to work in an environment free from unlawful discrimination, which encompasses freedom from sexual harassment. Furthermore, no employee, male or female, should be subject to unsolicited and unwelcomed sexual overtures or conduct, either physical or verbal. "SEXUAL HARASSMENT" includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or ~hrsical conduct or communication of a sexual nature. Spec1f1cally, no employee shall threaten or insinuate, either explicitly or implicitly, that an employee's refusal to submit to unwanted sexual advances will adversely affect the employee's employment evaluation, wages, advancement, assignment, duties or any other condition of employment or career development when: 2. submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining emplOYment: submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment: that conduct or communication has the purpose, or effect of substantially interfering with an individual's employment, or creating an intimidating, hostile or offensive employment: and the employer knows or should know of the existence of harassment and fails to take timely and appropriate action. While it is not easy to precisely define what sexual harassment is, it can include but is not limited to: 3. 1. 2. Verbal harassment (epithets, derogatory remarks, or slurs): Physical harassment (gestures, assault, impeding or blocking movement, or any physical interference with normal work or movement): 1. SEXUAL HARASSMENT POLICY PAGE 2 3. Visual forms of harassment (derogatory posters, letters, poems, graffiti, cartoons, or drawings); and 4. Requests for sexual favors or unwanted sexual advances. Any employee who feels that he or she is being subject to sexual harassment in any form, or who believes he or she has witnessed sexual harassment, should promptly contact his or her supervisor, the Cit~ Manager and/or the City Manager desi~nee. No retaliat10n will be permitted against a person compla1ning of an incident of suspected sexual harassment. SUPERVISORY & ADMINISTRATIVE RESPONSIBILITY The City Manager, Department Heads, and supervisors strive to maintain a working environment free from sexual discrimination in any form. Employee notification of this policy is essential to implementing a workplace free of sexual harassment. Complaints of sexual harassment will be dealt with promptly and in a manner with respect and dignity for all the parties involved. Department Heads will immediately report in writing any and all such com~laints to the City Manager and/or the designee, and shall ass1st in investigating the complaint. If a Department Head is the perpetrator, com~laints should be made directly to the City Manager and/or the des1gnee. Upon receipt of notice of a written complaint of offensive or discriminatory behavior, the City Manager and/or the desi~nee, in coordination with the relevant Department Head, (1f applicable) will conduct an investigation. If the facts appear to support the allegation, appropriate disciplinary procedures ranging from reprimand to termination may be taken. The City Manager has the authority to take disciplinary action as he/she deems appropriate. EMPLOYEE RESPONSIBILITY Em~loyees are expected to conduct themselves in accordance with th1s ~olicy and to assist supervisors and Department Heads in mainta1ning a working environment free from discrimination and harassment. All employees should be careful to treat co-workers, subordinates, supervisors and patrons with respect at all times. Sexual harassment undermines the integrity of City officials and employees and the City as a whole. The City of Prior Lake is committed to maintaining a productive working environment free from all discrimination. We encourage you to help keep the City of Prior Lake free from discrimination and sexual harassment. Persons who believe they have been subject to sexual harassment, can also contact: SEXUAL HARASSMENT POLICY PAGE 3 1. Minesota Department of Human Rights, 500 Bremer Tower, 7th and Minnesota Streets, st. Paul, Minnesota 55101 296-5663. 2. Equal Employment Opportunity Commission (EEOC) 110 South Fourth street, Room 178, Minneapolis, Minnesota 55401 (612) 349-3495.