[1]
Cross Reference — Also see §§ 22-7, 22-57(V) and 22-98.
[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.
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:
1.
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,
2.
Touching or grabbing a sexual part of a person's body,
3.
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,
4.
Continuing to ask a person to socialize on-duty or off-duty when that person has indicated that he or she is not interested,
5.
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,
6.
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,
7.
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,
8.
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,
9.
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,
10.
Derogatory or provoking remarks about or relating to a person's sex,
11.
Harassing acts or behavior directed against a person on the basis of a person's sex, or
12.
Off-duty conduct that falls within the above definition of sexual harassment and affects the work environment.
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.
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.
[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.