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Item 9A PolicyCity of Southlake Personnel Policies Section 7 : Rules and Regulations Topic Workplace Conduct Policy Effective Date December 1, 2004 Approved By : Resolution No. 04 -071 Revision Date 1.0 Purpose To prohibit discrimination, harassment, and workplace violence; the condoning or perpetuating of such conduct, or retaliation for reporting such conduct or assisting in an investigation; and to provide a process for reporting and resolving complaints of harassment, discrimination and workplace violence. 2.0 Definitions 2.1 Citizen — Any person who interacts with City employees throughout the course and scope of official City business. 2.2 Contractor — Any person employed by or associated with an entity which has a contractual relationship with the City to provide any type of goods and /or services. 2.3 Director of Human Resources — The Director of Human Resources of the City or the City Manager's designated representative. 2.4 Elected Officials — Any person elected by the citizens of Southlake to represent the City in an official manner as designated by the City Charter. 2.5 Employee — An individual employed by the City on a part -time, full time, regular, temporary or internship basis is considered to be an employee for the purpose of this policy. 2.6 Harassment — Demeaning, hostile, or offensive conduct including speech, based on membership in a group defined by characteristics such as race, color, national origin, religion, sex, disability, age, or any other protected basis when it is unwelcome, and has the purpose or effect of unreasonably interfering with an individual's work performance, creating an intimidating, hostile or offensive work environment, or otherwise adversely affecting an employee's employment opportunities. Unwelcome Workplace Conduct Policy Effective: December 1, 2004 Page 2 of 11 conduct that may constitute harassment can include words or deeds, even though they are not intended to be offensive, such as: a. offensive language (written or spoken), including the use of racial, sexual or ethnic stereotypes or slurs; b. offensive gestures or taunting; C. the possession in the workplace or display of offensive drawings or other graphic material such as posters, cartoons or other caricatures, including viewing such materials on a computer. 2.7 Sexual Harassment — Behavior of a sexual nature that is not welcome, is personally offensive, undermines morale, interferes with the work performance and effectiveness of another person in the work environment, or creates an intimidating, hostile or offensive work environment. 2.7.1 Applicable state and federal law defines sexual harassment as unwanted sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of a sexual nature when: (1) submission to the conduct is made a term or condition of employment; or (2) submission to or rejection of the conduct is used as basis for employment decisions affecting the individual; or (3) the conduct has the purpose or effect of unreasonably interfering with the employee's work performance or creating an intimidating, hostile, or offensive working environment. 2.8 Vendor — Any entity and all employees and agents thereof who provide goods and /or services to the City. 2.9 Volunteer — Any person appointed to a City board or commission, or performs a service on behalf of the City without pay or for nominal pay. 2.10 Workplace Violence — Physically aggressive, violent or threatening behavior intended to instill fear in another person or persons through intimidation, including verbal or physical threats of any kind; or any other conduct that suggests a tendency toward violent behavior. Examples include: a. excessive arguing, belligerent speech, profanity, sabotage or threats of sabotage to City property or other employees' property; b. causing physical damage to City facilities or defacing City property; and Workplace Conduct Policy Effective: December 1, 2004 Page 3 of 11 c. carrying firearms or weapons of any kind into the workplace unless specifically allowed by law, or displayed in a manner intended to threaten or alarm. 3.0 Individuals Affected All City employees (regular, part -time and temporary, non - exempt and exempt), elected officials and volunteers are governed by the provisions of this policy. Disciplinary action, including suspension and termination, applies to all exempt and non - exempt City employees. 4.0 Policy 4.1 It is the policy of the City of Southlake to treat all individuals with respect. No employee shall discriminate against any individual on the basis of race, color, religion, sex, national origin, age, or disability with respect to any employment action or condition of employment. 4.2 The City prohibits all unlawful harassment, including sexual harassment and harassment because of race, color, national origin, ancestry, religion, creed, sex, physical or mental disability, medical condition, age, veteran status, or any other basis protected by federal, state, or local law. 4.2.1 Sexual harassment prohibited under this policy includes, but is not limited to: a. unwanted sexual advances; b. making or threatening reprisals after a negative response to sexual advances; c. visual conduct such as leering, voyeurism, making sexual gestures, or displaying sexually suggestive objects, pictures, cartoons, or posters; d. verbal conduct such as making or using derogatory comments, epithets, slurs, sexually explicit jokes, or sexually oriented comments about any employee's body or dress; e. verbal sexual advances or propositions; f. physical conduct such as touching, assault, or impeding or blocking movements; and Workplace Conduct Policy Effective: December 1, 2004 Page 4 of 11 g. continuing to express sexual or social interest after being informed directly that the interest is unwelcome. 4.3 It is the policy of the City to provide a safe, violence -free workplace where employees, citizens, volunteers and elected officials are free from threats, intimidation and violence. 4.4 Retaliation against an employee reporting discrimination, harassment, or workplace violence, or for participating or cooperating in an investigation of a claim of discrimination harassment, or workplace violence, is prohibited. 4.4 Any employee who engages in discrimination, harassment, or workplace violence, knowingly condones, encourages, or perpetuates such an act, or participates in retaliation or reprisal in any way, shall be subject to disciplinary action, including suspension, demotion, and /or termination. 4.5 Employees, volunteers or elected officials will not be subjected to unwelcome harassing behavior as part of their service to the City. Unwelcome harassing behavior includes verbal or physical conduct, and unsolicited and unwelcome sexual overtures or conduct. 4.6 Appropriate corrective action will be taken in response to City contractors, employees, elected officials, vendors, citizens, or agents who engage in harassing behavior, discrimination or workplace violence toward City employees, volunteers or elected officials. 4.7 Conduct prohibited by this policy is unacceptable in the workplace and in any work - related setting outside the workplace, such as business trips, business meetings and business related social events. 5.0 Procedures /Rules 5.1 Roles and Responsibilities 5.1.1 Employees have the responsibility to conduct themselves in a manner that will ensure proper performance of City business and maintenance of public confidence, and to promptly and accurately report discrimination, harassment or workplace violence, regardless of the offender's identity. Employees are expected to cooperate in the investigation of complaints. 5.1.2 Supervisors have a responsibility to enforce this policy and promptly notify the department director or Director of Human Resources when they observe behavior that violates this policy, Workplace Conduct Policy Effective: December 1, 2004 Page 5 of 11 and /or when they receive complaints alleging discrimination, harassment or workplace violence. 5.1.3 Department Directors have a responsibility to ensure that this policy is circulated among their employees, to enforce this policy, to promptly notify the Director of Human Resources when there is a possible violation of this policy, and to solicit the assistance of and cooperate with the Director of Human Resources in investigating and resolving allegations of discrimination, harassment, or workplace violence. 5.1.4 The Director of Human Resources has the responsibility to ensure complaints are investigated in a timely manner and to ensure the development and implementation of training programs designed to prevent discrimination, harassment and workplace violence. 5.2 Counselina Resources The Director of Human Resources is available to provide counseling, referrals, and assistance to employees and supervisors regarding complaints of discrimination, harassment, workplace violence and retaliation. 5.3 Complaint Process 5.3.1 It is the responsibility of any employee who believes he or she has been subjected to harassment, discrimination, workplace violence or retaliation to promptly report such incident. A person who experiences harassment may seek to resolve the problem by advising the offending individual that the behavior is unwelcome and request that it be discontinued. Often this action alone will resolve the problem. Persons are not required to deal directly with an offending individual in seeking resolution of a complaint of harassment or discrimination. 5.3.2 A complaint may be filed verbally, or in writing to the employee's supervisor or director or to the Director of Human Resources. a. If the employee does not feel comfortable reporting the incident to the employee's supervisor, the employee may report to the employee's director or to the Director of Human Resources. b. Written complaints should be submitted on the Workplace Conduct Complaint Form. Verbal reports must be reduced to writing by either the employee or the person who receives the Workplace Conduct Policy Effective: December 1, 2004 Page 6 of 11 complaint, and must be signed by the employee submitting the complaint. c. The person's complaint should be as detailed as possible, including the names of individuals involved, the names of any witnesses, the date and time of the incident, direct quotations when language is relevant, and any documentary evidence (notes, pictures, cartoons, etcetera). 5.3.3 A person wishing to file a complaint should do so promptly after the occurrence of the discrimination, harassment, workplace violence or retaliation. Although a person wishing to file a discrimination or sexual harassment complaint with the Equal Employment Opportunity Commission must do so within 300 days of the alleged act of discrimination, early reporting and intervention have proven to be the most effective method of resolving actual or perceived discrimination. 5.3.4 A supervisor or director who receives a report must forward it to the Director of Human Resources as soon as possible, but in no event later than five (5) working days. 5.3.5 The Director of Human Resources, or the City Manager's designee, shall notify the City Manager and promptly investigate all incidents of prohibited conduct reported pursuant to this policy. To the extent practicable and not in conflict with the intent of this policy or applicable law, the City will attempt to protect the privacy of its employees from unnecessary disclosure of information regarding the complaint. 5.4 Investigation of Complaints 5.4.1 The Director of Human Resources and Department Director shall meet to discuss the complaint and develop the investigation plan within ten (10) working days after the written complaint has been received. 5.4.2 The Director of Human Resources will promptly investigate all alleged incidents of prohibited conduct that are reported. The Director of Human Resources shall interview the complainant, the person against whom the complaint is filed, and all other persons having any information on the matter. Workplace Conduct Policy Effective: December 1, 2004 Page 7 of 11 a. Employees may be placed on administrative leave with the approval of the City Manager, pending the outcome of the investigation. 5.4.3 An employee who fails to cooperate in an investigation shall be subject to disciplinary action, up to and including termination. 5.4.4 After all relevant information has been collected, the Director of Human Resources shall prepare findings regarding the complaint. The Director of Human Resources shall promptly forward a summary of the findings to the Department Director and City Manager. 5.4.5 Upon receipt of the findings report, the Director of Human Resources and Department Director shall meet to confer about the findings and discuss the nature of appropriate action. a. A determination regarding the reported conduct will be made and communicated to the complainant and to the accused employee. 5.4.6 Based on the findings, the Department Director (or if the complaint is against the Department Director, the City Manager) will administer the appropriate disciplinary action, including counseling, mandatory training, reprimand, suspension or termination of employees violating the provisions of this policy. 5.4.7 A volunteer found to have violated any provision of this policy may be reassigned or removed. If an elected or appointed official is found to have violated any of the provisions of this policy, such behavior shall be considered to have violated the provisions of the City Charter of the City of Southlake and shall be subject to the penalties described therein. In the event a representative of a vendor commits an action prohibited by this policy, the City shall take appropriate measures as allowed by law. 5.5 Appeal of Findings 5.5.1 The complainant may appeal the findings of the Human Resources Director by filing a written appeal with the City Manager within five (5) working days from the date of the decision. The written appeal shall state the basis for the appeal. The City Manager may request additional information to clarify the basis of the appeal. Workplace Conduct Policy Effective: December 1, 2004 Page 8 of 11 5.5.2 The City Manager shall appoint a Complaint Review Committee in accordance with Section 5.6, to review the complaint and investigation conducted and render a decision within ten (10) working days. If an extension of time is necessary to investigate the complaint and render a decision, the affected employees shall be notified. 5.5.3 The City Manager may consolidate hearings if the allegations arise out of a common set of facts and witnesses. 5.5.4 If the decision of the Complaint Review Committee is not satisfactory to the complainant, a written appeal may be made to the City Manager within five (5) working days after receiving the decision of the Complaint Review Committee. The written appeal shall state the basis for the appeal. The City Manager may request additional information to clarify the basis of the appeal. 5.5.5 The City Manager shall review the complaint and investigation conducted and /or conduct an additional investigation, and render a decision within ten (10) working days. If an extension of time is necessary to investigate the complaint and render a decision, the affected employees shall be notified. 5.5.6 A person who files an appeal is not entitled to representation by legal counsel at any appeal hearing. 5.6 Complaint Review Committee 5.6.1 The Complaint Review Committee shall be composed of three members appointed by the City Manager. The three members shall be (1) a department head (from a department other than that of the complainant and /or the accused employee); (2) an organizational peer of the complainant; and (3) another employee of the City. The department head shall chair the committee. 5.6.2 The Complaint Review Committee shall hear matters pertinent to the complaint and investigation and may review available documentation and interview the complainant and the investigator(s). The Committee will not interview other employees or witnesses, but may determine that additional interviews are necessary. The Committee may sustain the findings, request additional investigation or review, or recommend the investigation be re- conducted. Workplace Conduct Policy Effective: December 1, 2004 Page 9 of 11 5.6.3 The hearings of the Complaint Review Committee shall not be open to the public and only the complainant and the Director of Human Resources shall be allowed to attend the hearings unless the Committee, for good cause, approves others to attend. 5.7 Personnel Records A copy of the findings and decisions at each level of the process shall be placed in the personnel files of the complainant and accused employee(s). 5.8 Questions If an employee has any questions or comments about the City's policy on workplace discrimination, harassment, workplace violence and retaliation, the employee is encouraged to speak to the Director of Human Resources. Workplace Conduct Policy Complaint Form WORKPLACE CONDUCT COMPLAINT FORM NATURE OF MATTER (check one) ❑ Discrimination / Harassment ❑ Sexual Harassment ❑ Workplace Violence EMPLOYEE INFORMATION Name: Job Title: Department: Name of Supervisor: DATE, TIME AND LOCATION OF INCIDENT(S): Date of Occurrence: Time: Location: DATE DISCUSSED WITH SUPERVISOR/DIRECTOR: STATEMENT OF COMPLAINT (give full details): Workplace Conduct Policy Complaint Form (Attach additional page(s) if necessary) REMEDY SOUGHT: What action(s) do you wish the City to take in order to resolve the complaint: AFFIRMATION: I swear or affirm that the above information is true to the best of my knowledge, information, and belief: Signature Date Have you filed this complaint with any state or federal enforcement agency? Yes and No : Agency Date filed • If you feel that a criminal assault has taken place, you may wish to file criminal charges with the Southlake Department of Public Safety.