[Adopted 6-1-1992]
The City's policy is to provide a professional, businesslike work environment free from all forms of employee discrimination, including incidents of sexual harassment. No employee shall be subjected to sexual overtures or verbal or physical conduct of a sexual nature. Sexual harassment will be treated as misconduct, with appropriate disciplinary sanctions.
Under Title VII of the Civil Rights Act of 1964 and similar state statutes, sexual harassment in the workplace constitutes unlawful employment discrimination which may give rise to liability against both the employer and the harasser, whether the harasser is a supervisory level employee or a co-employee of the complainant. The purpose of this policy is to define sexual harassment, establish a policy concerning allegations of sexual harassment and establish appropriate reporting procedures.
As used in this Part 1, the following terms shall have the meanings indicated:
SEXUAL HARASSMENT
Sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature. By way of illustration only, some examples or conduct which could constitute sexual harassment in the workplace under certain circumstances would include but not necessarily be limited to the following:
A. 
Sexual comments, attempts at humor or innuendos of a provocative or suggestive nature.
B. 
The leaving of sexually explicit books, magazines or photographs in the workplace.
C. 
Unwelcome demeaning comments, ridicule, offensive language, propositions or other similar actions.
D. 
Unwanted, unwarranted and unsolicited off-duty telephone calls and contact.
E. 
Hiring or promoting an employee in exchange for sexual favors or transferring, demoting or dismissing employees who refuse such sexual advances.
A. 
Each supervisor shall be responsible for preventing acts of harassment. This responsibility includes:
(1) 
Monitoring the work environment on a daily basis for signs that harassment may be occurring.
(2) 
Counseling all employees in the types of behavior prohibited and the City's procedures for reporting and resolving complaints of harassment.
(3) 
Stopping any observed acts that may be considered harassment and taking appropriate steps to intervene, whether or not the involved employees are within his/her line of supervision.
(4) 
Taking immediate action to limit, whenever possible, the work contact between two employees where there has been a complaint of harassment, pending investigation.
B. 
Each supervisor has the responsibility to assist any employee of the City who comes to that supervisor with a complaint of harassment, pending investigation.
C. 
Each employee of the City is responsible for assisting in the prevention of harassment through the following acts:
(1) 
Refraining from participation in or encouragement of actions that could be perceived as harassment.
(2) 
Reporting acts of harassment to a supervisor.
A. 
Any employee who believes that he/she is being harassed shall report the incidents to his/her supervisor as soon as possible so that steps may be taken to protect the employee from further harassment and appropriate investigative and disciplinary measures may be initiated. Where it is not practical to report the incidents to the immediate supervisor (such as where the supervisor is unavailable or where the allegation of misconduct involves the supervisor), the employee may instead report the incidents to another supervisor or to the City Manager. If the allegation involves other senior officials, the complainant should present the allegation without delay to the City Manager.
B. 
Any complaint of sexual harassment will be promptly and thoroughly investigated by the City Manager or an internal investigation authority to verify whether a violation of law and the City's policy has occurred. Where the allegations are verified, prompt and appropriate corrective action and disciplinary measures, up to and including dismissal, will be implemented.
C. 
The City Manager shall inform the parties involved of the outcome of the investigation.
D. 
An employee reporting an incident of sexual harassment or assisting, testifying or participating in the investigation of such a complaint shall not be subject to any adverse employment action unless it is determined that the employee made the allegation knowing it was false.
E. 
Complainants or employees accused of harassment may file a grievance/appeal in accordance with the established City procedures when they disagree with the investigation or the disposition of a harassment claim.