[Ord. No. 2027 § 1(22-159), 8-17-1998]
It is the policy of the City of Centralia to maintain a working
environment that is free from all forms of discrimination because
of a person's race, color, sex, age, religion, national origin, ancestry,
or disability, including harassment and sexual harassment. It is against
the policy of the City of Centralia, and illegal under State and Federal
law, for any employee, male or female, to sexually harass another
employee. It is also against the policy of the City of Centralia for
there to be harassment or sexual harassment of its employees or officers
by anyone, including elected officials, officers, supervisors and
all other employees including permanent and temporary employees, employees
covered or exempted from other personnel rules or regulations, clients,
vendors, or salespersons, and employees or contractors working under
contract for the City.
[Ord. No. 2027 § 1 (22-160), 8-17-1998]
A.
Harassment is repeated and unwelcome physical, visual, written or
spoken conduct that substantially interferes with an individual's
work performance, or intends or works to demean or intimidate the
person to whom it is directed, or creates what a reasonable person
would consider to be an intimidating, hostile, abusive or offensive
working environment.
B.
Sexual harassment is a form of sex discrimination and means unwelcome
sexual advances, requests for sexual favors, and other verbal statements
or physical conduct of a sexual nature directed to an officer or employee
when:
1.
Submission to such statements or conduct is made either explicitly
or implicitly a term or condition of employment, or
2.
Submission to or rejection of such statements or conduct by an individual
is used as a component of the basis for employment decisions affecting
that individual, or
3.
The statements or conduct having the purpose or effect of unreasonably
or substantially interfering with an individual's work performance
or creating an intimidating, hostile or offensive working environment.
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Examples of sexual harassment include, but are not limited to
the following, when such statements, conduct, acts or behavior come
within one (1) of the above three (3) definitions of sexual harassment:
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1.
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Either explicitly or implicitly conditioning any term of employment
(for example continued employment, wages, evaluation, advancement,
assigned duties or shifts) on the provision of sexual favors,
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2.
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Touching or grabbing a sexual part of a person's body,
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3.
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Touching or grabbing any part of a person's body after that
person has indicated, or it is known, that such physical contact is
unwelcome,
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4.
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Continuing to ask a person to socialize on-duty or off-duty
when that person has indicated that he or she is not interested,
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5.
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Displaying or transmitting in any manner, including through
the Internet or through computer generation, sexually suggestive photographs,
pictures, objects, cartoons, or posters to a person if it is known
or should be known that the behavior is unwelcome. Such items are
not allowed on City premises, including personal lockers,
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6.
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Delivering sexually suggestive notes or letters to a person
if it is known or should be known that the person does not welcome
such notes or letters,
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7.
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Referring to or calling a person a sexualized name if it is
known or should be known that the person does not welcome such behavior,
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8.
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Telling sexual jokes or using sexually vulgar or sexually explicit
language in the presence of a person if it is known or should be known
that the person does not welcome such behavior,
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9.
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Retaliation of any kind toward a person for the person having
filed or supported a complaint of sexual harassment, including, but
not limited to, ostracizing the person, pressuring the person to drop
or not support the complaint, or adversely altering the person's duties
or work environment,
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10.
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Derogatory or provoking remarks about or relating to a person's
sex,
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11.
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Harassing acts or behavior directed against a person on the
basis of a person's sex, or
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12.
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Off-duty conduct that falls within the above definition of sexual
harassment and affects the work environment.
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Sexual harassment can also consist of intimidating, abusive
or hostile behavior of a non-sexual nature toward an employee or officer
on the basis of gender. Verbal abuse and hostility that is not sexual
in character but is directed solely at females because they are female,
or males because they are male, for example, is likewise a violation
of this policy on the same level as harassment of a sexual nature.
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Sexual harassment can also take the form of offensive conduct
by non-employees, such as vendors, outside contractors, and the like,
against employees or officers in the workplace.
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[Ord. No. 2027 § 1, (22-161), 8-17-1998]
Any employee or officer who believes that a person or situation
the employee or officer is exposed to constitutes harassment or sexual
harassment of himself/herself or another person shall take the following
steps:
1.
The employee or officer shall immediately indicate to the individual(s)
involved and the individual's supervisor, if applicable, that the
action, conduct, words, situation, or other circumstance are unwelcome
and the employee or officer wants it to stop. The employee or officer
shall advise the individual(s) involved that the employee or officer
is required to document the circumstances and the conversation. The
matter shall be addressed at the onset, rather than waiting until
it escalates.
2.
An employee shall advise his/her supervisor about the matter immediately.
If the perpetrator is the supervisor, the employee shall contact the
City Administrator directly. An officer shall contact the City Administrator
about the matter immediately. A supervisor who is informed of or knows
about harassment or sexual harassment shall immediately contact the
City Administrator about the matter. If the perpetrator is the City
Administrator, the Mayor shall be contacted immediately about the
matter.
3.
An employee or officer who observes prohibited conduct being exhibited
toward another employee or officer shall have the same responsibility
to report the matter as the victim does. The victim may be too frightened
to make the complaint himself/herself.
4.
The workplace is often the site of office romances, where both parties
willingly participate in sexual banter and acts. These types of acts
are prohibited in the workplace because (a) the relationship can change
and the parties become adversaries, and (b) activities such as these
distract other persons and create an air of unprofessionalism.
5.
Persons are not only encouraged to report instances of harassment
and sexual harassment, they are obligated to report instances of harassment
and sexual harassment. Persons are obligated to cooperate in every
investigation of harassment and sexual harassment, including, but
not necessarily limited to, coming forward with evidence, both favorable
and unfavorable, concerning a person accused of harassment or sexual
harassment, and fully and truthfully making a written report or verbally
answering questions when required to do so by an investigator during
the course of an investigation of harassment or sexual harassment.
Disciplinary action may be taken against any employee or officer who
fails to report instances of harassment or sexual harassment, or who
fails or refuses to cooperate in the investigation of a complaint
of harassment or sexual harassment. No disciplinary action or negative
job-related action shall be taken against any person who in good faith
files a complaint of harassment or sexual harassment, or who provides
truthful information in investigation of such matter.
[Ord. No. 2027 § 1, (22-162), 8-17-1998]
A.
Except as otherwise may be provided by the terms of this Article or Section 22-4 of this Chapter, complaints of harassment or sexual harassment against any City employee, officer or elected official shall be investigated and disposed of according to the procedure set out in Article IX of this Chapter.
B.
Complaints against elected officials, officers and employees of the
City shall be investigated by the City Administrator and in all cases
a report of the complaint and findings shall be presented to the Board
of Aldermen in a closed meeting after completion of the investigation.
Complaints against the City Administrator shall be investigated by
the Mayor and a report of the complaint and findings shall be presented
to the Board of Aldermen in a closed meeting.
C.
Complaints against firms and individuals other than employees, elected
officials and officers of the City shall be investigated by the City
Administrator with findings and recommendation to the Board of Aldermen.
D.
The initial report shall be in writing, setting forth the name of
the individual making the complaint, the person(s) who is or are the
subject of the complaint, the dates and the nature of the offending
actions. The report shall be dated and, if possible, signed by the
employee or officer making the complaint or observing suspect actions
and the supervisor or other persons receiving the complaint. One (1)
copy shall be retained by the employee or officer making the complaint
and one (1) copy shall be retained by the person to whom the complaint
is made. If the employee or officer is not contacted by the City Administrator,
the City Clerk, the City Attorney, or an elected official within three
(3) business days of the filing of the complaint, the employee or
officer lodging the complaint shall make direct contact, in writing,
with one (1) of those persons.
[Ord. No. 2027 § 1 (22-163), 8-17-1998]
In addition to their duties as employees of the City, supervisors
shall keenly observe the workplace and be diligent to observe any
conduct that falls within this policy. Should a supervisor observe
harassment or sexual harassment, the supervisor shall take the steps
outlined in this policy.
[Ord. No. 2027 § 1 (22-164), 8-17-1998]
All complaints/investigations of harassment and sexual harassment
shall be confidential. Parties required to make statements shall refrain
from discussing the situation with fellow employees, other City Officials
not involved directly in an investigation, or the public.
[Ord. No. 2027 § 1 (22-165), 8-17-1998]
A.
Any employee or officer participating in harassment or sexual harassment
shall be subject to strict disciplinary action which may include termination.
B.
Outside vendors participating in harassment or sexual harassment
may be prohibited from trading with the City.
C.
An Alderman, the Mayor, and/or a member of the public participating
in harassment or sexual harassment shall be subject to such action
as the Mayor and Board of Aldermen deem warranted.
