HomeMy WebLinkAboutR-1686 - Amending the Personnel Rules (Harassment Policy)------_.--------------~-_._----~--
CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
RESOLUTION NO./(,8.(,
A RESOLUTION OF THE CITY OF MARYSVILLE AMENDING
THE PERSONNEL RULES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MARYSVILLE,WASHINGTON,AS FOLLOWS:
Chapter XIII,Harassment Policy,is hereby repealed and
replaced with the following:
CHAPTER XIII
HARASSMENT POLICY
SECTION 1.POLICY:
It is the policy of the City of Marysville to provide a work
environment for all of its employees,male and female,which is
harmonious and free from intimidation.To this end,the City will
not tolerate any form or degree of sexual harassment or
harassment as defined below.An employee who engages in such
behavior may be in violation of federal and state law,as well as
this policy.Prompt disciplinary action will be taken against an
employee who is guilty of sexual harassment or harassment.
Employees or witnesses who report any form of harassment shall
not be SUbject to retaliation.Any employee responsible for any
form of retaliatory conduct shall be subject to disciplinary
action.SUbject to the applicable law,complaints,investigations
and reports made according to this policy shall be kept
confidential.
SECTION 2.DEFINITIONS:
Sexual Harassment.
1.Sexual harassment is illegal and is defined as
unwelcome sexual advances,requests for sexual
favors,and other verbal or physical conduct of a
sexual nature when:
a.Submission to such conduct is made either
explicitly or implicitly a term or condition of
an individual's employment;
b.Submission to or rejection of such conduct by
an individual is used as the basis for
employment decisions affecting such individual;
or
c.Such conduct has the purpose or effect of
reasonably interfering with an individual's
work performance or creating an intimidating,
hostile or offensive working environment.
~-.\,'
"R1;!solution No.
Page 2
Sexual Harassment Examples:
1.Remarks or jokes about a person's clothing,body
or sexual activity;unwanted touching,patting or
brushing against a person.
2.Verbal abuse or pressure for sexual activity.
3.Deliberate or repeated behavior of a sexual nature
which is unsolicited and unwelcome.
Harassment.
1.Harassment is defined as unwelcome comments on the
basis of an employee's race,creed,color,
national origin,age,marital status,or the
presence of a physical ,sensory,or mental
disability.
Harassment Examples:
1.comments,slurs,jokes,innuendoes,cartoons,
pranks,physical harassment,etc.,which are
derogatory on the basis of the employee's
protected class membership or which are motivated
by the employee's protective class membership.
2.Negative actions based upon an employee's
participation in activities identified with,or
promoting the interests of a protected group.
3.Unwelcome comments regarding the use of a language
other than English,or cultural and ethnic
customs.
SECTION 3.GRIEVANCE PROCEDURE:
The following procedure is to be used when an employee believes
that he/she is experiencing sexual harassment or harassment of
any kind.
Action by
Employee
Action
1.Clearly informs the "harasser",
whenever possible,that his/her
behavior is inappropriate,offensive,
unwelcome and should immediately
cease.
,.,.
•<Resolution No.
Page 3
Action by
Employee
Supervisor
Department Head
~-----------------------------------.
Action
2.If the "harasser's"behavior/conduct
does not cease immediately or if
there is any indication that the
matter is not resolved to the
employee's satisfaction,the employee
should follow step 3 below.
3.Informs the first non-involved
supervisor within their department of
the specific allegations,the date(s)
of the occurrence(s),the individuals
involved and any witnesses.
3a.Exception - when a department
head is a sUbject of the
complaint,the employee informs
the city Administrator,who will
investigate and make a final
decision.
4.Investigates the complaint in a
timely manner.
5.Informs the department head of the
complaint and investigation taking
place.
6.Consults with the City Administrator.
City Administrator
Supervisor
Parties to the
Complaint
7.Keeps the Mayor and Risk Manager
informed as to the status of the
complaint and investigation.
8.Determines any appropriate
disciplinary action with the
assistance of the department head.
9.Advises the parties to the complaint
of the results and any disciplinary
action taken.
10.May appeal the supervisor's decision
to the department head if they feel
the findings were incorrect or the
disciplinary action inappropriate.
Action by
Department Head
Parties to the
Complaint
city Administrator
Action
11.Reviews the original decision with
the City Administrator.
12.Renders a written decision on the
appeal.
13.Provides written copies of the
decision to the parties to the City
Administrator.
14.May appeal the department head's
decision to the City Administrator.
15.Makes a final written decision.
16.Provides written copies of the
decision to the parties to the
complaint Mayor and Risk Manager.
17.Make follow-up inquiries to ensure
the harassment has not resumed and
the victim and witnesses have not
suffered any retaliation.
,....-U ADOPTED
this LV~'day of
Attest:
by the City
-f)~
Council and APPROVED by the Mayor
,1994.
THE CITY OF MARYSVILLE
UiulMA
riA Y 0 R
Approved as to Form~
City Attorney