[HISTORY: Adopted by the Town Board of the Town of Deerpark 2-28-2000
by L.L. No. 1-2000[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also provided as follows: “Please
take notice to the extent that this local law may conflict with applicable
portions of the Town Law of the State of New York, it is the stated intention
of the Town to exercise its authority to supersede and amend, as granted under
the Municipal Home Rule Law of the State of New York, Section 10. The Town
hereby provides notice that it is exercising its authority to supersede and
amend pursuant to Municipal Home Rule Law of the State of New York Section
22.”
The purpose of this policy is to maintain a healthy work environment
and to provide procedures for reporting, investigation and resolution of complaints
of harassment, sexual or otherwise.
It is the policy of the Town of Deerpark, Orange County, New York, that
all employees have the right to work in an environment free of all forms of
harassment. The Town does not condone and will not tolerate any harassment.
Therefore, the Town shall take direct and immediate action to prevent such
behavior, and to remedy all reported instances of harassment, sexual or otherwise.
A.
No employee shall either explicitly or implicitly ridicule,
mock, deride or belittle any person.
B.
Employees shall not make offensive or derogatory comments
based on race, color, sex, religion or national origin either directly or
indirectly to another person. Such harassment is a prohibited form of discrimination
under state and federal employment law and is also considered misconduct subject
to disciplinary action by this Town.
C.
“Sexual harassment” is defined as unwelcome
sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature when:
(1)
Submission to such conduct is made either explicitly
or implicitly a term or condition of employment;
(2)
Submission to or rejection of such conduct by an employee
is used as the basis for employment decisions affecting the employee; or
(3)
Such conduct has the purpose or effect of unreasonably
interfering with an employee's work performance or creating an intimidating,
hostile, or offensive working environment.
A.
Each supervisor shall be responsible for preventing acts
of harassment. This responsibility includes:
(1)
Monitoring the unit work environment on a daily basis
for signs that harassment may be occurring;
(2)
Counseling all employees on the types of behavior prohibited,
and the Town 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 line of supervision; and
(4)
Taking immediate action to limit 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 this Town, who comes to that supervisor with a complaint of harassment,
in documenting and filing a complaint with the internal investigations authority.
C.
Each employee of this Town is responsible for assisting
in the prevention of harassment through the following acts:
D.
Failure to take action to stop known harassment shall
be grounds for discipline.
A.
Employees encountering harassment shall tell the person
that their actions are unwelcome and offensive. The employee shall document
all incidents of harassment in order to provide the fullest basis for investigation.
B.
Any employee who believes that he is being harassed shall
report the incident(s) to his 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 this is not
practical, the employee may instead file a complaint with another supervisor,
with the internal investigations authority, or the chief executive officer
of the Town.
(1)
The supervisor or other person to whom a complaint is
given shall meet with the employee and document the incidents complained of,
the person(s) performing or participating in the harassment, and the dates
on which it occurred.
(2)
The Town employee taking the complaint shall expeditiously
deliver the complaint to the appropriate investigative authority.
C.
The internal investigation authority shall be responsible
for the investigation of any complaint alleging harassment.
(1)
The internal investigations authority shall immediately
notify the chief executive officer and the county prosecutor's office
if the complaint contains evidence of criminal activity, such as battery,
rape or attempted rape.
(2)
The investigator shall include a determination whether
other employees are being harassed by the person, and whether other Town members
participated in, or encouraged the harassment.
(3)
The internal investigations authority shall inform the
parties involved of the outcome of the investigation.
(4)
A file of harassment complaints shall be maintained in
a secure location. The chief executive officer shall be provided with an annual
summary of these complaints.
D.
There shall be no retaliation against any employee for
filing a harassment complaint, or assisting, testifying, or participating
in the investigation of such a complaint.
E.
Complainants or employees accused of harassment may file
a grievance/appeal in accordance with Town procedures when they disagree with
the investigation or disposition of a harassment claim.
F.
This policy does not preclude any employee from filing
a complaint or grievance with an appropriate outside agency.
