Every employee shall be selected under fair employment procedures,
which provide equal employment opportunities to all people, regardless
of race, physical handicap, color, religion, sex or national origin.
A.
Department heads shall notify the Town Board of personnel needs. The Town Board shall assess the requests and advertise for the position(s) deemed necessary (unless exempted by Subsection B) and in accordance with budget allocations.
B.
Confidential, deputy or other similar positions, which by legal status are filed at the pleasure of the elected official, are exempt from the advertisement provision of Subsection A. However, elected officials must still seek budgetary approval from the Town Board.
C.
Applicants may be required to demonstrate proficiency in the knowledge,
skill and abilities required of the position. Interviews will be conducted
by the Town Board or an appointed committee, and the recommended candidate
will be voted on at a Town Board meeting before appointment.
D.
Ordinarily, the employee shall start at the lowest step in the classification,
but due consideration will be given for special education and/or experience
where applicable.
A.
The initial six months of employment shall be considered a probationary
period. Separation may be initiated at any time during this period
by either the employee or the employer without cause.
B.
Subsequent to the probationary period, termination of employment
ordinarily shall require two weeks' notice by either the Town Supervisor
or the employee.
[Amended 3-5-2015 by Res.
No. 2-2015]
A.
A full workweek
is 30 hours or more per week, six hours per day, Monday through Friday.
A Department Head may require an employee to work additional hours
beyond the employee’s normal workday or workweek. An employee
must receive prior approval from the employee’s Department Head
or Supervisor before working additional hours. An employee is not
entitled to overtime pay for additional hours worked without proper
authorization.
B.
In accordance
with the Fair Labor Standards Act, an hourly employee shall be paid
1 1/2 times the employees' regular hourly rate of pay for all
authorized time physically worked over 40 hours in a single work week.
C.
Emergency
call out. Time and a half shall be granted for any hourly employee
who is called in for a bona fide emergency after an employee works
in excess of 40 hours. In an emergency call out basis, the employee
must have physically worked at least 32 hours and use no more than
8 hours of paid leave in order to meet 40 hours and qualify for time
and a half.
(1)
The
following would qualify as an emergency: snow and ice removal, natural
disaster, to keep Town roads safe and clear of debris, water and/or
sewer emergencies such as a water main break, sewer main break, malfunctioning
pumps, no water, sewage blockage or any similar emergency which threatens
the public health and safety of Town residents.
D.
Town Hall,
Highway Department and Water and Sewer employees are required to record
their hours by the time clock that has been provided by the Town,
except for elected officials.
A.
Meal break. An employee who works more than six hours in a given
day will receive an unpaid, duty-free meal break of either 30 minutes
or 60 minutes, as established by the Department Head.
B.
Approval of meal breaks. The scheduling of meal breaks must be approved
by the department head in accordance with the needs and requirements
of the employee's workday. Unless otherwise directed by the department
head, an employee may leave the work site during the meal break.
[Added 3-4-2010]
Guidelines. Telephone and cell phone usage must adhere to the
following guidelines.
A.
An employee must answer the phone promptly and speak in a clear,
friendly and courteous tone;
B.
An employee must give the name of the department or office and one's
own name. If the call is not for the employee who answers, the employee
must transfer the call to the correct party or take a message recording
all pertinent information;
C.
During office hours, each employee is responsible for there being
at least one employee in the department to answer telephones. If the
department or office has limited staff, arrangements must be made
with another department or office for telephone coverage or an answering
device must be in operation;
D.
Collect calls may not be accepted without approval of the department
head or supervisor;
E.
An employee may make personal telephone calls; however, such calls
should be limited in duration and frequency and must not interfere
with the performance of the employee's job duties, and Town business
must take precedence;
F.
An employee may not make or receive personal calls on a Town-provided
telephone or cell phone that will result in additional charge to the
Town, except in an emergency and/or with prior approval from department
head. The employee must reimburse the Town for the cost of the call.
[Added 3-4-2010]
A.
Purposes. The purposes of the Town of Wawayanda's computer and other
electronic systems, including, but not limited to, electronic mail
("e-mail") and the Internet, are to provide an efficient and effective
means of internal and external communications, and to improve work
productivity and work product. This policy addresses access to and
the disclosure of information from such electronic systems.
B.
Statement of policy. The Town of Wawayanda promotes Internet and
e-mail use that enables employees, volunteers, and contractor personnel
to develop Internet and e-mail skills and knowledge. It is expected
that employees will use the Internet and e-mail to improve their knowledge;
to access scientific, technical, and other information on topics which
have relevance to the Town of Wawayanda; and to communicate with their
peers in other government agencies, academia and industry on matters
of relevance to their work for the Town of Wawayanda.
C.
Computer systems.
(1)
Property. Information is not private: The computers used by employees
at the Town of Wawayanda for Town business, and the data stored on
them are, and remain at all times, the property and/or under the control
of the Town of Wawayanda. As such, all messages created, sent, or
retrieved over the Internet or the Town's electronic mail systems
are property of the Town of Wawayanda, and should not be considered
private information. Employees have no right to privacy as to any
information of file transmitted through or stored on the Town of Wawayanda's
computer system, electronic mail, or other technical resources.
(2)
Authority. Department heads have the authority to inspect the contents
of any computer equipment, data/files, or electronic mail ("e-mail")
of their subordinates in the normal course of their supervisory responsibilities.
In addition, data/files of all employees may be inspected by the Town
Supervisor and Town Board in the normal course of their duties.
(3)
Usage. All computer systems, hardware, and software provided to an
employee are provided for the purpose of aiding that employee in the
performance of the employee's job function. All hardware and software
used is to be supplied by the Town of Wawayanda. No unauthorized or
unlicensed hardware or software may be used or installed on any Town-owned
computer. Any hardware or software necessary to perform job duties
should be requested of the employee's department head.
(a)
Use with respect for others. Access to the Internet via Town
of Wawayanda resources and use of Town of Wawayanda provided e-mail
must only be for the Town of Wawayanda purposes. To that end, the
use shall not disrupt or interfere with the work of other network
users, adversely affect the operation of the Internet or the Town
of Wawayanda's own internal network, or misrepresent the interest
of the Town of Wawayanda.
(b)
Monitoring and disclosure. The Town of Wawayanda reserves the
right to access, retrieve, read and disclose any data, messages or
files stored on Town of Wawayanda-funded systems for any purpose.
Employees should be aware that, even when a message is erased or a
visit to a website is closed, it is still possible to recreate the
message or locate the website. The Town of Wawayanda reserves the
right to monitor use of these systems to prevent abuse, enforce other
policies, and access information. Access may occur in, but is not
limited to, situations indicating: 1) impropriety; 2) violation of
Town of Wawayanda policy; 3) legal requirements; 4) suspected criminal
activities; 5) breach of system security; or 6) to locate substantive
information or monitor employee performance and conduct. The contents
of these systems may be disclosed by Town of Wawayanda Management
within or outside of the Town of Wawayanda without employee permission.
Furthermore all communications including text and images may be disclosed
to law enforcement or other third parties without prior consent of
the sender or the receiver. The Town of Wawayanda has unlimited access
to protect the security of these systems or the Town of Wawayanda's
property rights.
(c)
Consent. All Town of Wawayanda employees, who are provided with
access to the Town of Wawayanda's e-mail system, Internet, or other
electronic systems, are required by the Town of Wawayanda's policy
contained here and in other relevant documents.
(4)
Prohibited uses. In addition to the guidelines set forth above, the
following uses of Town-owned computers and equipment are prohibited.
This list is meant to be illustrative, and not exhaustive.
(a)
Any illegal activity;
(b)
Threats or harassment;
(c)
Slander or defamation;
(d)
Transferring of obscene or suggestive messages or graphical
images;
(e)
Transmit material, information or software in violation of any
local, state or federal law;
(f)
Conduct any nonapproved business;
(g)
Access or attempting to access the data/files of another person;
(h)
Using or aiding in the unauthorized use of another person's
password;
(i)
Harming or destroying data/files (other than editing or deleting
information in the normal course of one's job duties);
(j)
Conduct any political activity;
(k)
Engage in any activity for personal gain or personal business
transactions;
(l)
Installation or use of Town-owned hardware or software for any
use that is not Town-related business; or
(m)
Installation of any software containing viruses.
D.
Internet/electronic mail requirements.
(1)
Proper usage. In addition to the prohibitions set forth in the above
paragraphs, any activities prohibited for any other general computer
user are also prohibited with respect to Internet/e-mail service usage.
Additionally, it is the responsibility of the employee to adhere to
the following guidelines:
(a)
E-mail must be used in a professional manner.
(b)
Messages must not be false or misleading, inaccurate, abusive,
obscene, pornographic, profane, sexually oriented, threatening, offensive,
discriminatory, or illegal, including but not limited to sending messages
under an assumed name or with the intent to obscure the origin of
the message.
(c)
Messages must not include remarks that constitute sexual harassment.
(d)
Chain letters are illegal and must not be transmitted through
e-mail.
(e)
Employees are responsible for saving any e-mail that they want
to keep permanently.
(f)
Messages must not involve personal sales or solicitation or
be associated with any for-profit outside business activity.
(g)
Messages must not involve personal not-for-profit solicitations.
(h)
Messages must not potentially embarrass the Town of Wawayanda.
(i)
The Internet must not be used for propagation of computer viruses.
(j)
The Internet must not be used for personal recreational activities
(e.g., online games).
(k)
Participation in non-business Internet chat groups is prohibited.
(l)
As a security precaution, a workstation must not be left signed
onto e-mail or the Internet and unattended for a long period of time
(or overnight). Each employee must log off the network when not in
use and power down at the end of the day.
(m)
Employee Internet/e-mail usage may be subject to filtering and
will be monitored.
(2)
Reliability. Users should be aware that because the Internet is a
collection of computer networks with no single central authority over
information consistency, data is subject to inaccuracies. The Town
is not responsible for loss or damage to a user's data or for the
reliability of information that is obtained via the Internet service.
Also, this information must be used in accordance with applicable
copyright laws.
(3)
Security. There is no guarantee of privacy of data/files, including
e-mail, on Town-owned computers. As stated herein, all files are subject
to inspection by department heads and supervisors. Any employee who
is required to have a password may be required to submit that password
to the employee's department head in a sealed envelope.
(4)
Reporting of violations. Anyone with information as to a violation
of this policy is to report said information to the employee's department
head, Town Supervisor or Town Board Member. Employees who violate
this policy are subject to disciplinary action up to and including
discharge.
A.
The categories of employees are as follows:
(1)
For the purposes of this Employee Handbook, the term "full-time employee"
will mean an employee who is regularly scheduled to work a minimum
of thirty hour per week.
(2)
For the purposes of this Employee Handbook, the term "three quarter-time
employee" will mean an employee who generally works less than 30 hours
per week on a regular and ongoing basis, but occasionally works more
than 30 hours per week as directed by his department head.
(3)
For the purposes of this Employee Handbook, the term "part-time employee"
will mean an employee who is scheduled on a regular and ongoing basis
to work less than 22 hours per week.
(4)
Temporary employee: an individual who works for a specified, limited
period of time not to exceed one year, either on a full- or part-time
basis.
(5)
Elected officials. For the purposes of this chapter there are two
classifications of elected official, regular full-time and regular
part-time. Only the Town Clerk and the Superintendent of Highways
are considered regular full-time employees. All other elected officials
shall be deemed regular part-time. Elected officials are salaried.
Each is responsible for the performance of his or her duties as required
by the laws and regulations which are pertinent to his or her position.
C.
New employee: Any new regular full-time or regular part-time employee
will have a starting salary set by the Town Board. It is the policy
of the Town Board to bring such new employee up to parity with the
highest pay in the job classification in seven years.
D.
Length of employment; longevity payments.
[Amended 1-21-2014 by Res. No. 2-2014]
(1)
It is the policy of the Town to provide additional compensation in
the form of a longevity payment for regular full-time employees and
regular three-quarter time employees who have had at least five years
of continuous employment with the Town. A longevity payment shall
start at $250 for such eligible employees and be increased by increments
of $250 thereafter for each subsequent full five-year period of employment.
(2)
Long-term employment shall be deemed to have been established when
such employee shall have had at least five years of continuous employment
with the Town. Each longevity period shall be five years.
(3)
During each longevity period of five years (after the first five
years of an employee’s employment), such long-term employee
shall receive $250 per year on each of the anniversary dates of his/her
employment.
(4)
Long-term employees shall continue to earn longevity payments of
$250 per longevity period after completion of each five-year longevity
period. For example, an eligible employee with 15 years' continuous
employment would receive $750 on each anniversary date of employment
during years 15 through 19, and upon the commencement of the next
longevity period, such employee would begin to receive $1,000 during
year 20, etc.
(5)
It is the policy of the Town to provide additional compensation in
the form of a longevity payment for all regular part-time employees
who have had at least five years of continuous employment with the
Town. For the purpose of this longevity payment, a regular part-time
employee will mean an employee who is scheduled on a regular and on
going basis to work between 15 hours and 22 hours per week. A longevity
payment shall start at $100 for such eligible employees and be increased
by increments of $100 thereafter for each subsequent full five-year
period of employment. All other provisions of this benefit shall be
the same as stated above for regular full-time employees.
(6)
The effective date for implementation of longevity payments shall
be January 1, 2014.
E.
Highway personnel; summer hours.
(1)
The summer period for highway personnel shall be from June 1 to August
31.
(2)
During the summer period, hours of employment for highway personnel
shall be from 6:00 a.m. to 4:30 p.m., as scheduled by the Highway
Superintendent.
(3)
Between 10:30 a.m. and 12:30 p.m., as determined and scheduled by
the Highway Superintendent, all such personnel shall take their lunch
break of 1/2 hour. The lunch break shall not be subject to compensation.
(4)
Throughout the year, each member of the Highway Department shall
maintain an activity sheet on a form as prescribed from time to time,
including a time log for submission to the Town payroll person or
office on a daily or weekly basis, as determined by the Supervisor
in consultation with the Highway Superintendent.
[Amended 8-8-2019 by Res.
No. 6-2019]
A.
Introduction. The Town of Wawayanda (the "Town") is committed to
maintaining a workplace free from sexual harassment. Sexual harassment
is a form of workplace discrimination. All employees are required
to work in a manner that prevents sexual harassment in the workplace.
This policy is one component of the Town's commitment to a discrimination-free
work environment. Sexual harassment is against the law,[1]and all employees have a legal right to a workplace free
from sexual harassment, and employees are urged to report sexual harassment
by filing a complaint internally with the Town. Employees can also
file a complaint with a government agency or in court under federal,
state or local antidiscrimination laws.
[1]
Note: While this policy specifically addresses sexual harassment,
harassment because of and discrimination against persons of all protected
classes is prohibited. In New York State, such classes include age,
race, creed, color, national origin, sexual orientation, military
status, sex, disability, marital status, domestic violence victim
status, gender identity and criminal history.
B.
Policy.
(1)
The Town's policy applies to all employees, applicants for employment,
interns, whether paid or unpaid, contractors and persons conducting
business, regardless of immigration status, with the Town. In the
remainder of this document, the term "employees" refers to this collective
group.
(2)
Sexual harassment will not be tolerated. Any employee or individual
covered by this policy who engages in sexual harassment or retaliation
will be subject to remedial and/or disciplinary action (e.g., counseling,
suspension, termination).
(3)
Retaliation prohibition: No person covered by this policy shall be
subject to adverse action because the employee reports an incident
of sexual harassment, provides information, or otherwise assists in
any investigation of a sexual harassment complaint. The Town will
not tolerate such retaliation against anyone who, in good faith, reports
or provides information about suspected sexual harassment. Any employee
of the Town who retaliates against anyone involved in a sexual harassment
investigation will be subjected to disciplinary action, up to and
including termination. All employees, paid or unpaid interns, or nonemployees[2] working in the workplace who believe they have been subject
to such retaliation should inform their supervisor, any supervisor,
or any member of the Town Board. All employees, paid or unpaid interns
or nonemployees who believe they have been a target of such retaliation
may also seek relief in other available forums, as explained below
in the subsection on legal protections.[3]
[2]
Note: A nonemployee is someone who is (or is employed by)
a contractor, subcontractor, vendor, consultant, or anyone providing
services in the workplace. Protected nonemployees include persons
commonly referred to as independent contractors, "gig" workers and
temporary workers. Also included are persons providing equipment repair,
cleaning services or any other services provided pursuant to a contract
with the employer.
(4)
Sexual harassment is offensive, is a violation of our policies, is
unlawful, and may subject the Town to liability for harm to targets
of sexual harassment. Harassers may also be individually subject to
liability. Employees of every level who engage in sexual harassment,
including managers and supervisors who engage in sexual harassment
or who allow such behavior to continue, will be penalized for such
misconduct.
(5)
The Town will conduct a prompt and thorough investigation that ensures
due process for all parties, whenever management receives a complaint
about sexual harassment, or otherwise knows of possible sexual harassment
occurring. The Town will keep the investigation confidential to the
extent possible. Effective corrective action will be taken whenever
sexual harassment is found to have occurred. All employees, including
managers and supervisors, are required to cooperate with any internal
investigation of sexual harassment.
(6)
All employees are encouraged to report any harassment or behaviors
that violate this policy. The Town will provide all employees a complaint
form for employees to report harassment and file complaints.
(7)
Managers and supervisors are required to report any complaint that
they receive, or any harassment that they observe or become aware
of, to any member of the Town Board.
(8)
This policy applies to all employees, paid or unpaid interns, and
nonemployees, and all must follow and uphold this policy. This policy
must be provided to all employees and should be posted prominently
in all work locations to the extent practicable (for example, in a
main office, not an off-site work location) and be provided to employees
upon hiring.
C.
Definitions.
(1)
Sexual harassment is a form of sex discrimination and is unlawful
under federal, state, and (where applicable) local law. Sexual harassment
includes harassment on the basis of sex, sexual orientation, self-identified
or perceived sex, gender expression, gender identity and the status
of being transgender.
(2)
Sexual harassment includes unwelcome conduct which is either of a
sexual nature, or which is directed at an individual because of that
individual's sex when:
(a)
Such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating,
hostile or offensive work environment, even if the reporting individual
is not the intended target of the sexual harassment;
(b)
Such conduct is made either explicitly or implicitly a term
or condition of employment; or
(c)
Submission to or rejection of such conduct is used as the basis
for employment decisions affecting an individual's employment.
(3)
A sexually harassing hostile work environment includes, but is not
limited to, words, signs, jokes, pranks, intimidation or physical
violence which are of a sexual nature, or which are directed at an
individual because of that individual's sex. Sexual harassment also
consists of any unwanted verbal or physical advances, sexually explicit
derogatory statements or sexually discriminatory remarks made by someone
which are offensive or objectionable to the recipient, which cause
the recipient discomfort or humiliation, or which interfere with the
recipient's job performance.
(4)
Sexual harassment also occurs when a person in authority tries to
trade job benefits for sexual favors. This can include hiring, promotion,
continued employment or any other terms, conditions or privileges
of employment. This is also called "quid pro quo" harassment.
(5)
Any employee who feels harassed should report so that any violation
of this policy can be corrected promptly. Any harassing conduct, even
a single incident, can be addressed under this policy.
(6)
Examples of sexual harassment. The following describes some of the
types of acts that may be unlawful sexual harassment and that are
strictly prohibited:
(c)
Sexually oriented gestures, noises, remarks or jokes, or comments
about a person's sexuality or sexual experience, which create a hostile
work environment.
(d)
Sex stereotyping occurs when conduct or personality traits are
considered inappropriate simply because they may not conform to other
people's ideas or perceptions about how individuals of a particular
sex should act or look.
(e)
Sexual or discriminatory displays or publications anywhere in
the workplace, such as:
[1]
Displaying pictures, posters, calendars, graffiti, objects,
promotional material, reading materials or other materials that are
sexually demeaning or pornographic. This includes such sexual displays
on workplace computers or cell phones and sharing such displays while
in the workplace.
(f)
Hostile actions taken against an individual because of that
individual's sex, sexual orientation, gender identity and the status
of being transgender, such as:
(7)
Targets of sexual harassment. Sexual harassment can occur between
any individuals, regardless of their sex or gender. New York Law protects
employees, paid or unpaid interns, and nonemployees, including independent
contractors, and those employed by companies contracting to provide
services in the workplace. Harassers can be a superior, a subordinate,
a coworker or anyone in the workplace, including an independent contractor,
contract worker, vendor, client, customer or visitor.
(8)
Where sexual harassment can occur. Unlawful sexual harassment is
not limited to the physical workplace itself. It can occur while employees
are traveling for business or at employer-sponsored events or parties.
Calls, texts, emails, and social media usage by employees can constitute
unlawful workplace harassment, even if they occur away from the workplace
premises, on personal devices or during nonwork hours.
D.
Retaliation.
(1)
Unlawful retaliation can be any action that could discourage a worker
from coming forward to make or support a sexual harassment claim.
Adverse action need not be job-related or occur in the workplace to
constitute unlawful retaliation (e.g., threats of physical violence
outside of work hours).
(2)
Such retaliation is unlawful under federal, state, and (where applicable)
local law. The New York State Human Rights Law protects any individual
who has engaged in protected activity. Protected activity occurs when
a person has:
(a)
Made a complaint of sexual harassment, either internally or
with any antidiscrimination agency;
(b)
Testified or assisted in a proceeding involving sexual harassment
under the Human Rights Law or other antidiscrimination law;
(c)
Opposed sexual harassment by making a verbal or informal complaint
to management, or by simply informing a supervisor or manager of harassment;
(d)
Reported that another employee has been sexually harassed; or
(e)
Encouraged a fellow employee to report harassment.
(3)
Even if the alleged harassment does not turn out to rise to the level
of a violation of law, the individual is protected from retaliation
if the person had a good-faith belief that the practices were unlawful.
However, the retaliation provision is not intended to protect persons
making intentionally false charges of harassment.
E.
Reporting sexual harassment.
(1)
Preventing sexual harassment is everyone's responsibility. The Town
cannot prevent or remedy sexual harassment unless it knows about it.
Any employee, paid or unpaid intern or nonemployee who has been subjected
to behavior that may constitute sexual harassment is encouraged to
report such behavior to his or her supervisor, any supervisor, or
any member of the Town Board. Anyone who witnesses or becomes aware
of potential instances of sexual harassment should report such behavior
to his or her supervisor, any supervisor, or any member of the Town
Board.
(2)
Reports of sexual harassment may be made verbally or in writing.
A form for submission of a written complaint is attached to this policy,
and all employees are encouraged to use this complaint form. Employees
who are reporting sexual harassment on behalf of other employees should
use the complaint form and note that it is on another employee's behalf.
F.
Supervisory responsibilities.
(1)
All supervisors and managers who receive a complaint or information
about suspected sexual harassment, observe what may be sexually harassing
behavior or for any reason suspect that sexual harassment is occurring
are required to report such suspected sexual harassment to any member
of the Town Board.
(2)
In addition to being subject to discipline if they engaged in sexually
harassing conduct themselves, supervisors and managers will be subject
to discipline for failing to report suspected sexual harassment or
otherwise knowingly allowing sexual harassment to continue.
(3)
Supervisors and managers will also be subject to discipline for engaging
in any retaliation.
G.
Complaint and investigation of sexual harassment.
(1)
All complaints or information about sexual harassment will be investigated,
whether that information was reported in verbal or written form. Investigations
will be conducted in a timely manner, and will be confidential to
the extent possible.
(2)
An investigation of any complaint, information or knowledge of suspected
sexual harassment will be prompt and thorough, commenced immediately
and completed as soon as possible. The investigation will be kept
confidential to the extent possible. All persons involved, including
complainants, witnesses and alleged harassers, will be accorded due
process, as outlined below, to protect their rights to a fair and
impartial investigation.
(3)
Any employee may be required to cooperate as needed in an investigation
of suspected sexual harassment. The Town will not tolerate retaliation
against employees who file complaints, support another's complaint
or participate in an investigation regarding a violation of this policy.
(4)
While the process may vary from case to case, investigations should
be done in accordance with the following steps:
(a)
Upon receipt of the complaint, the Town Board will conduct an
immediate review of the allegations, and take any interim actions
(e.g., instructing the respondent to refrain from communications with
the complainant), as appropriate. If the complaint is verbal, encourage
the individual to complete the complaint form in writing. If he or
she refuses, prepare a complaint form based on the verbal reporting.
(b)
If documents, emails or phone records are relevant to the investigation,
take steps to obtain and preserve them.
(c)
Request and review all relevant documents, including all electronic
communications.
(d)
Interview all parties involved, including any relevant witnesses.
(e)
Create a written documentation of the investigation (such as
a letter, memo or email), which contains the following:
[1]
A list of all documents reviewed, along with a detailed summary
of relevant documents;
[2]
A list of names of those interviewed, along with a detailed
summary of their statements;
[3]
A timeline of events;
[4]
A summary of prior relevant incidents, reported or unreported;
and
[5]
The basis for the decision and final resolution of the complaint,
together with any corrective action(s).
(f)
Keep the written documentation and associated documents in a
secure and confidential location.
(g)
Promptly notify the individual who reported and the individual(s)
about whom the complaint was made of the final determination and implement
any corrective actions identified in the written document.
(h)
Inform the individual who reported of the right to file a complaint
or charge externally as outlined in the next subsection.
H.
Reimbursement to Town. Any employee who has been subject to a final
judgment of personal liability for intentional wrongdoing related
to a claim of sexual harassment shall reimburse the Town if the Town
makes a payment to a plaintiff for an adjudicated award based on a
claim of sexual harassment resulting in a judgment. Such employee
shall personally reimburse the Town within 90 days of the Town's payment
of such award. If such employee fails to so reimburse the Town, the
Town shall, upon obtaining a money judgment, withhold such amount
from the employee's compensation or, if no longer employed by the
Town, the Town shall have the right to receive reimbursement through
the enforcement of a money judgment pursuant to state law.
I.
Legal protections and external remedies.
(1)
Sexual harassment is not only prohibited by the Town but is also
prohibited by state, federal, and, where applicable, local law.
(2)
Aside from the internal process at the Town, employees may also choose
to pursue legal remedies with the following governmental entities.
While a private attorney is not required to file a complaint with
a governmental agency, you may seek the legal advice of an attorney.
(3)
In addition to those outlined below, employees in certain industries
may have additional legal protections.
(4)
State Human Rights Law (HRL).
(a)
The Human Rights Law (HRL), codified as New York Executive Law,
Art. 15, § 290 et seq., applies to all employers in New
York State with regard to sexual harassment, and protects employees,
paid or unpaid interns and nonemployees, regardless of immigration
status. A complaint alleging violation of the Human Rights Law may
be filed either with the Division of Human Rights (DHR) or in New
York State Supreme Court.
(b)
Complaints with the DHR may be filed any time within one year
of the harassment. If an individual did not file at the DHR, they
can sue directly in state court under the HRL within three years of
the alleged sexual harassment. An individual may not file with the
DHR if they have already filed an HRL complaint in state court.
(c)
Complaining internally to the Town does not extend your time
to file with the DHR or in court. The one year or three years is counted
from date of the most recent incident of harassment.
(d)
You do not need an attorney to file a complaint with the DHR,
and there is no cost to file with the DHR.
(e)
The DHR will investigate your complaint and determine whether
there is probable cause to believe that sexual harassment has occurred.
Probable cause cases are forwarded to a public hearing before an administrative
law judge. If sexual harassment is found after a hearing, the DHR
has the power to award relief, which varies but may include requiring
your employer to take action to stop the harassment, or redress the
damage caused, including paying of monetary damages, attorney's fees
and civil fines.
(f)
The DHR's main office contact information is: NYS Division of
Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458.
You may call (718) 741-8400 or visit: www.dhr.ny.gov.
(g)
Contact the DHR at (888) 392-3644 or visit dhr.ny.gov/complaint
for more information about filing a complaint. The website has a complaint
form that can be downloaded, filled out, notarized and mailed to the
DHR. The website also contains contact information for the DHR's regional
offices across New York State.
(5)
Civil Rights Act of 1964.
(a)
The United States Equal Employment Opportunity Commission (EEOC)
enforces federal antidiscrimination laws, including Title VII of the
1964 Federal Civil Rights Act (codified as 42 U.S.C. § 2000e
et seq.). An individual can file a complaint with the EEOC anytime
within 300 days from the harassment. There is no cost to file a complaint
with the EEOC. The EEOC will investigate the complaint and determine
whether there is reasonable cause to believe that discrimination has
occurred, at which point the EEOC will issue a Right to Sue letter
permitting the individual to file a complaint in federal court.
(b)
The EEOC does not hold hearings or award relief, but may take
other action, including pursuing cases in federal court on behalf
of complaining parties. Federal courts may award remedies if discrimination
is found to have occurred. In general, private employers must have
at least 15 employees to come within the jurisdiction of the EEOC.
(c)
An employee alleging discrimination at work can file a charge
of discrimination. The EEOC has district, area, and field offices
where complaints can be filed. Contact the EEOC by calling 1-800-669-4000
(TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via
email at info@eeoc.gov.
(d)
If an individual filed an administrative complaint with the
DHR, the DHR will file the complaint with the EEOC to preserve the
right to proceed in federal court.
(6)
Local protections. Many localities enforce laws protecting individuals
from sexual harassment and discrimination. An individual should contact
the county, city or town in which they live to find out if such a
law exists. For example, employees who work in New York City may file
complaints of sexual harassment with the New York City Commission
on Human Rights. Contact their main office at the Law Enforcement
Bureau of the New York City Commission on Human Rights, 40 Rector
Street, 10th Floor, New York, New York; call 311 or (212) 306-7450;
or visit www.nyc.gov/html/cchr/html/home/home.shtml.
(7)
Contact the local Police Department. If the harassment involves unwanted
physical touching, coerced physical confinement or coerced sex acts,
the conduct may constitute a crime. Contact the local Police Department.
[Added 2-4-2010]
Workplace Violence Prevention Program and Policy.
A.
Introduction. Workplace violence presents a serious occupational
safety hazard for workers. On June 7, 2006, New York State enacted
legislation that requires public employers, other than schools covered
under a school safety plan, to perform a risk evaluation of its workplaces
and develop and implement programs to prevent and minimize workplace
assaults and homicides.
B.
Purpose.
(1)
The purpose of this Workplace Violence Prevention Program and Policy
is to provide information to elected officials, board members, employees
and volunteers about preventing and responding to incidents of workplace
violence or threats of violence and the New York State Public Employer
Workplace Violence Prevention Law.
(3)
This policy outlines the major components of the effort to meet these
goals: program, procedures, workplace security risk evaluation, prevention,
training and other support services.
(4)
The Town of Wawayanda will not tolerate violence in the workplace.
All incidents, complaints and/or reports of violence, threats of violence,
harassment, intimidation and other disruptive behavior will be taken
seriously because the Town is committed to providing its employees
with a reasonably safe and secure work environment.
(5)
Violence in the workplace is a leading cause of fatal and nonfatal
occupational injury throughout the United States that may affect an
organization at any time. The purpose of this program is to address
the issue of potential workplace violence, prevent workplace violence
from occurring to the fullest extent possible and set forth procedures
to be followed when such violence has occurred.
(6)
Violence, threats of violence, harassment, intimidation and other
disruptive behavior in the workplace will not be tolerated by the
Town. Examples of disruptive behavior can include oral or written
statements, gestures or expressions that communicate a direct or indirect
threat of harm. Such behavior will be taken seriously and will be
dealt with appropriately.
(7)
All employees are required to comply with this policy. In addition,
since visitors of Town-owned properties and facilities are required
to conduct themselves in a nonviolent manner in conformity with existing
law, employees who observe or experience visitors of Town-owned property
engaging in violent behavior should follow the procedures in this
policy and handbook for the reporting of such behavior.
C.
Application of the program. Violence and other disruptive behavior
by or against any employees of the Town or member of the public in
a Town-designated workplace are unacceptable. A Town-designated workplace
includes offices, work sites, vehicles, field locations and any other
location where Town business is conducted. Individuals who commit
such acts may be removed from the premises and may be subject to appropriate
disciplinary action, including, where legally appropriate, termination
of employment and or criminal penalties.
D.
Training. All department heads shall ensure that employees of their
particular department are informed of the requirements of the law,
the risk factors in their workplace and the location of the written
workplace violence prevention program. Training is also required for
employees on the measures employees can take to protect themselves
from risks and the details of the written workplace violence prevention
program. Employee workplace violence training is to be provided at
the time of job assignment and annually thereafter. In addition to
the training required by law, the Town shall provide additional training
on a per-request basis to the Town departments and offices to address
the potential for violence in the workplace.
E.
Risk evaluation. Certain factors or situations may place employees
at a greater risk of workplace violence. It is the responsibility
of the Town Safety Committee to conduct a risk evaluation of Town-owned,
-leased and -operated facilities, review occupational injuries and
review incident reports related to violence-related injuries in the
workplace. Workplace violence can occur in any workplace setting.
However, some settings or factors may pose a greater degree of workplace
violence risk. Employment situations or factors that may pose higher
risks for Town employees include but are not limited to:
(1)
Working in public settings.
(2)
Working late night or early hours.
(3)
Exchanging money with the public.
(4)
Working alone.
(5)
Working in a setting with uncontrolled access.
(6)
Working in a setting where prior incidents have occurred.
(7)
Working in a setting where previous security problems have occurred.
(8)
Exposure to potentially violent persons.
(9)
Having a mobile workplace assignment.
(10)
Having duties that include delivery of goods and services.
F.
Prevention.
(1)
Prevention is the responsibility of every employee. Department heads
as well as employees should be familiar with and knowledgeable of
the issues listed below before violence occurs. As noted in this handbook,
workplace violence is defined to include violence, threats of violence,
harassment, intimidation and other disruptive behavior. Past behavior
has generally been the best predictor of future behavior. There is
no specific profile of a potentially dangerous individual. Acts of
violence also occur in the workplace due to issues of domestic violence.
Certain patterns of behavior and events frequently precede episodes
of violence. A list of indicators of increased risk of violent behavior
may include, but is not limited to:
(a)
Direct or veiled threats of harm.
(b)
Intimidation, belligerence, bullying or other inappropriate
behavior directed at others.
(c)
Numerous conflicts with supervisors and employees, verbal comments
indicating expressions of hostility directed at coworkers, supervisors
or others.
(d)
Bringing an unauthorized weapon to work, brandishing a weapon
in the workplace.
(e)
Fascination with incidents of workplace violence, statements
indicating approval of the use of violence to resolve a problem or
statements indicating identification with perpetrators or workplace
homicides.
(f)
Signs of alcohol/drug abuse on or off the job.
(g)
Increased tone of desperation from a person, feelings that normal
interventions will not solve a problem. Hopeless feelings about a
work/family/financial situation.
(h)
Employees with ongoing domestic difficulties.
(i)
Situations involving orders of protection.
(2)
These behaviors should be reported to department heads and may require
certain interventions, including police intervention, disciplinary
action or other forms of referral. Sometimes small behavioral problems
which can precede the above behaviors are dismissed or ignored allowing
problems to fester. In these cases the situation can become more intense.
Early interventions may be appropriate in these situations. It is
important to remember the employee must be treated with dignity, respect
and fairness in this process. Some of these types of behavior are:
(3)
Listed below are two categories of common issues that may trigger
workplace violence.
(b)
Workplace issues.
[1]
No clearly defined rules of conduct.
[2]
Lack of training.
[3]
Inadequate hiring practices/potential employee screening.
[4]
Insufficient supervision.
[5]
Lack of discipline/inconsistent discipline in the workplace.
[6]
Inadequate employee support systems.
[7]
Failure to address incidents as they occur.
[8]
Overly authoritarian management style.
G.
Reporting of violence.
(1)
At the core of the policy is the Town's commitment to work with its
employees to maintain a work environment free from violence and other
disruptive behavior to the greatest degree possible.
(2)
Any Town employee, upon becoming aware of an instance of physical
assault, threatening behavior or verbal abuse occurring in the workplace
setting must immediately report the facts and circumstances of said
incident to their department head. In the event that employees observe
or experience violent behavior from Town employees or visitors of
Town-owned property in which there is an immediate threat to their
safety or the safety of others or where an injury has occurred, the
employee should immediately contact the police for assistance and
in addition notify his/her department head. Thereafter, the department
head will conduct a preliminary inquiry into the facts and circumstances
of the incident and make prompt report to the Town Board or designee.
The State Police will determine if there is:
(a)
An immediate threat of violence. If so, the police shall ensure
that emergency medical assistance is provided where necessary and
follow the procedures as indicated below.
(b)
Serious misconduct or criminal behavior by a Town employee.
If so, the department head is to be notified as well as the Town Supervisor
or his designee.
(c)
No immediate threat of violence and no serious misconduct or
criminal behavior by a Town employee. In that event, the department
head will continue the investigation, resolve/mediate the matter,
initiate disciplinary action where appropriate and make a written
report to the Town Board.
(3)
Note: In all instances, a written summary report of the incident
and all persons involved as well as any action taken will be prepared
and submitted to the Town Supervisor.
(4)
Retaliation against any employee who makes a good faith report of
violence or other disruptive behavior is strictly prohibited and shall
be subject to appropriate corrective or disciplinary measures. An
employee who, in bad faith, makes a false report is also subject to
disciplinary action as well as possible criminal penalties.
H.
Response procedures.
(1)
The following procedures are recommended to be followed whenever
an employee files a complaint alleging a violation of this policy
has occurred or when a violent incident occurs:
(2)
A threatening situation is a situation where one person, through
intimidating words or gestures has induced fear and apprehension of
physical or other harm in another person but there is no immediate
danger of such harm being inflicted. The steps listed under the "Non-emergency
(Threatening) Response Procedure" are recommended to be followed whenever
a threatening situation occurs.
(3)
A situation is an "emergency" if an injury has occurred or there
is an immediate threat of physical harm. Individuals should always
consider their personal safety first in all emergency situations.
If possible, the "Emergency Response Procedure" should be followed
whenever an emergency occurs.
|
Non-Emergency (Threatening) Response Procedure
|
Emergency Response Procedure
| |
|---|---|---|
|
Step 1
Employee immediately notifies his/her immediate supervisor or
department head
|
Step 1
First person on the scene quickly assess the situation and risk
| |
|
Step 2
Department head conducts preliminary inquiry and makes prompt
notification to the Town Supervisor
|
Step 2
Immediate contact made with police and if necessary medical
assistance and insures needs of injured are met. Employee must notify
department head of the situation
| |
|
Step 3
If there has been serious misconduct or criminal behavior by
a Town employee, the State Police are to be contacted immediately
|
Step 3
The department head will notify the State Police to immediately
assess the situation who will thereafter make a prompt notification
to the Town Supervisor
| |
|
OR Step 3-a
If there is no immediate threat of violence and no serious misconduct
or criminal behavior by a Town employee, the department head will
continue the investigation, resolve/mediate the matter, initiate disciplinary
action if appropriate, make a full written report to the Town Supervisor
|
Step 4
The State Police will make a full written and detailed report
to the Town Supervisor
|
I.
Safety Committee. The Town Board will act as the Town's Safety Committee
and will perform an annual review of the workplace violence programs
and policies to determine the need for revisions and updates to the
Town's existing programs and policies.
|
Note: The New York State Public Employer Workplace Violence
Prevention Law (Labor Law Article 2) is attached as Appendix 2.[1]
|
[1]
Editor's Note: Appendix 2 is included at the end of this chapter as 31 Attachment 2. See also Appendix 1, Workplace Violence Incident Report, and Appendix 3, Town of Wawayanda Workplace Violence Policy (which includes the Supervisor's contact information), that are included at the end of this chapter as 31 Attachment 1 and 31 Attachment 3, respectively.
A.
Purpose. The purpose of this policy is to minimize or eliminate employee
exposure to communicable diseases.
B.
Scope. This policy applies to all personnel who have a potential
for occupational exposure to blood or other infectious materials.
C.
Authority. The statutory authority for this policy is 29 CFR 1910
and Occupational Safety and Health Administration (OSHA) Instruction
CPL 2-2.44B.
D.
Policy statement. The Town of Wawayanda is committed to full compliance
with applicable laws and policies dealing with infection control.
The Town will develop plans to comply with any deficient areas identified
by this program.
The Town of Wawayanda is dedicated to providing safe and efficient
services to our community. Moreover, we are dedicated to providing
a safe workplace for our employees. In order to do so, the Town of
Wawayanda has adopted the Town of Wawayanda Drug-Free Workplace Policy
and Procedure. All employees will be provided a copy upon assumption
of employment with the Town of Wawayanda. This will be an official
policy and action document for the Town of Wawayanda.
