[HISTORY: Adopted by the Town Board of the Town of Manchester 10-11-1994
(Ch. 39, Art. II, of the 1989 Code). Amendments noted where applicable.]
It is the policy of the Town of Manchester to provide public programs
and services and to hire and promote employees to deliver those programs and
services on a nondiscriminatory basis. Underlying this policy is the belief
that fair and meritorious treatment of people is at the heart of a free society,
and the government has a primary responsibility to lead by example in such
treatment. Title VII of the Federal Civil Rights Act of 1964 makes it "an
unlawful employment practice for an employer to discriminate against any individual
with respect to his compensation, terms, conditions, or privileges of employment,
because of such individual's sex." Such discrimination is also made unlawful
by state law (Executive Law, Article 15, Human Rights Law). One form of such
discrimination is sexual harassment, which undermines the integrity of the
employment relationship and the dignity of individual employees, impairs the
efficiency and productivity of employees in delivering Town programs and services
and erodes public confidence in government. The purpose of this statement
is to set forth the policy prohibiting sexual harassment and also to set forth
the procedures for handling complaints of sexual harassment.
As used in this chapter, the following terms shall have the meanings
indicated:
Any of the following penalties: a written reprimand, suspension without
pay, fine, loss of accrued leave credit, demotion or termination.
All paid full-time, part-time and seasonal employees of the Town
of Manchester, including employees performing managerial, supervisory or operational
functions, including elective officers.
Conduct directed at a particular person consisting of unwelcome words
or actions of a sexual nature, such as sexual advances, requests for sexual
favors or gender-specific expressions of disrespect or disparagement, when
submission to such conduct is made either explicitly or implicitly a condition
of an individual's securing or continuing employment, submission to or rejection
of such conduct by an individual is used as the basis for employment decisions
affecting such individual or such conduct, provided that it is sufficiently
severe or pervasive, has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating, hostile
or offensive working environment.
A.
The Town shall create a work environment characterized
by cooperation, competence and professionalism among employees. Sexual harassment
is a form of employee misconduct that both violates fundamental principles
of our society as embodied in federal and state statutes and also diminishes
the desired work environment and is therefore prohibited. Any employee guilty
of such misconduct shall be subject to appropriate discipline arrived at in
accordance with procedures collectively bargained, where applicable, or otherwise
established by law. Employees are encouraged to make complaints as soon as
possible about sexual harassment without fear of retaliation. Whenever such
a complaint is received, it shall be thoroughly investigated and promptly
resolved, in accordance with the procedures established herein.
B.
An employee who believes he or she may be the victim of sexual harassment may consult with the Affirmative Action Officer or Town Supervisor. An employee who pursues this course of action is not thereby required to make a complaint or precluded from making a complaint according to the procedures prescribed in § 74-4.
C.
Nothing in this policy is intended to preclude prosecution
for criminal acts under the New York State Penal Law or commencement of a
civil action seeking monetary damages for violation of federal, civil or constitutional
rights against the individual who has violated those rights. Although not
the primary purpose, this policy is intended to limit the civil liability
of the Town government by making it clear that the Town does not condone sexual
harassment and has formalized an effective process for the receipt and resolution
of sexual harassment complaints.
A.
When an employee believes he or she has been subjected
to sexual harassment, he or she shall make a complaint within 15 working days
of its occurrence.
B.
The complainant shall make the complaint verbally or
in writing to his or her department head, unless the department head is alleged
to have committed the conduct or the complainant has some other valid reason
for bypassing the department head, in which case the complaint as well as
the reason for bypassing the department head shall be made to the Affirmative
Action Officer or Town Supervisor.
C.
The complaint shall consist of specific factual allegations
concerning words or actions directed towards the complainant, the manner in
which the complainant indicated the words or actions were unwelcome and the
impact upon the complainant's employment or working environment.
D.
The department head shall discuss the complaint as soon
as possible with the person alleged to have committed the conduct and attempt
to resolve the problem within one week to the satisfaction of both the complainant
and the person. If such a resolution is achieved, the department head shall
note the details of the resolution, which shall be maintained confidentially
by the department head.
E.
If the problem cannot be resolved as indicated in Subsection D, the department head, with the advice of the Town Attorney, shall investigate the complaint completely within two weeks. The department head shall make a full written record of the investigation.
F.
As a result of his or her investigation, the department
head, with the advice of the Town Attorney, shall determine whether sexual
harassment has occurred. In making such a determination, the department head
shall consider the totality of the circumstances, including the specific conduct
and its context, whether the complainant indicated the conduct was unwelcome
and the credibility of the parties.
G.
If the department head determines that sexual harassment
has occurred, he or she shall institute disciplinary action in accordance
with procedures collectively bargained, when appropriate, or otherwise established
by law.
H.
The complainant shall be informed of the disposition
of his or her complaint, and persons identified above shall be informed of
the disposition of all complaints, whether by informal resolution or disciplinary
action.
I.
A complainant may appeal an unfavorable determination
by a department head to a panel consisting of the Town Administrator or his/her
deputy, a representative of the Town Attorney's office and a third person
appointed by the Town Administrator either from among department and bureau
heads or from any source of his/her choosing. At least one member of the panel
shall be a person of the same sex as the complainant. The panel shall review
the investigatory record, may interview the parties and may direct the institution
of disciplinary action.
The Town Board shall coordinate periodical training programs for all
personnel regarding what constitutes sexual harassment as well as the implementation
of this policy and its procedures.
