[Ord. 6PSF-A, 3-27-2018]
Should there be a conflict between this section and current
enforceable Collective Bargaining Agreements between the City and
the various collective bargaining units, the provisions of the Collective
Bargaining Agreements shall supersede any requirements under this
section unless doing so would violate a Federal, State or local law.
Collective Bargaining Agreements entered into between the City
and various collective bargaining units, after the date of enactment
of the section, shall conform to the requirements of this section.
[Ord. 6PSF-A, 3-27-2018]
The City of Newark shall provide and conduct sexual harassment
related training to all City employees, along with the Municipal Council
members, their staff, the Office of the City Clerk, all appointed
officials, including Deputy Mayors annually.
Upon being promoted to a supervisor or managerial position,
the newly promoted employee will attend an annual training class for
supervisors and managers on sexual harassment, regardless of the date
of their most recent sexual harassment policy training as an employee.
The Division of Personnel shall make available the management training
bi-annually.
The Division of Personnel shall be responsible for formulating
and coordinating the training program on anti-sexual harassment.
Each department shall be responsible for ensuring that its employees
are trained in accordance with the direction provided by the Division
of Personnel, and in keeping and maintaining accurate records of attendance.
[Ord. 6PSF-A, 3-27-2018]
No settlement of any claim of sexual harassment can be subject
to any agreement of confidentiality on the part of the victim or the
City or the alleged harasser. The settlement agreements, whether approved
by Municipal Council or the subject of a settlement order by the Corporation
Counsel, shall be available for production through the Open Public
Records Act.
[Ord. 6PSF-A, 3-27-2018; 1-8-2020 by Ord. No. 6PSF-B, 01-08-2020]
There shall be established a Sexual Harassment Task Force to
investigate sexual harassment claims brought to it by any City of
Newark employee. Sexual harassment complaints shall be investigated
and discipline, if any, shall be recommended to the Director of Personnel.
The employee may seek resolution of their allegations pursuant to
PDP-44 or the Task Force, but not both.
a. The Sexual Harassment Task Force shall have the following structure:
1. Members, Selection Process. The City of Newark shall accept applications for the Task Force in accordance with its Open Appointments Ordinance (Section
2:2-14 et seq.). Applications and job descriptions will be available on the City's website.
The Sexual Harassment Task Force (hereinafter referred to as
the "Task Force") shall consist of five members, all appointed by
the Mayor with advise and consent of the Municipal Council: one member
who shall be a retired, member of law enforcement (not the City of
Newark); one member of the clergy; two members from the City of Newark's
general population, not employed by the City of Newark or any other
related entities (i.e., the Housing Authority or Invest Newark [IN]);
the Mayor shall accept one nomination from S.O.F.I.A or Rutgers University,
which individual shall be a member or representative in good standing
with said organization, for consideration for appointment to the Task
Force by the Mayor with advice and consent of Municipal Council.
In selecting representatives to serve on the Task Force, the
Mayor and Municipal Council are encouraged to consider potential members'
professional experience in law, women's rights, human rights, and
civil rights. Candidates shall provide the Mayor with their resume
and any other submissions that establish the candidate's qualifications
to be appointed to the Task Force and such information shall be provided
to the Municipal Council for its review and consideration. The Mayor
shall retain the authority to remove any member from the Task Force
for cause and accept applications from the general public for consideration
and appointment with the advice and consent of the Municipal Council.
Any member of the clergy appointed to the Task Force shall represent
the public interest and may not render decisions based on any personal
religious belief. All members of the Task Force shall be trained on
confidentiality, ethics, and sexual harassment annually.
2. Term of Membership. The term of the members shall be three years,
except that of the members first appointed, three shall be appointed
for terms of one year and two shall be appointed for terms of two
years. No member of the Task Force shall be paid a salary.
3. Vacancy. In the event of a vacancy on the Task Force during the term
of office of a member, by reason of removal, death, resignation, or
otherwise, a successor shall be chosen in the same manner as the original
appointment. A member appointed to fill a vacancy shall serve for
the balance of the unexpired term.
b. The Sexual Harassment Task Force shall have legal counsel, hired
by the Task Force, and appropriation of funding through the Division
of Personnel. The selection of an attorney shall be in compliance
with Local Public Contracts Law. The attorney's responsibilities shall
include the actual investigation of any claim. If the alleged harasser
refuses to participate in the investigation, the findings of the Task
Force based upon the evidence presented by the employee shall be forwarded
to the Division of Personnel.
c. Complaint Process.
1. The attorney shall conduct the initial interview of the complainant.
2. The attorney will provide a copy of the signed complaint form to
the complainant.
3. The attorney will notify the Task Force, in writing, that a complaint
has been filed and will be investigated.
4. The attorney will provide the complainant with written acknowledgement
of the receipt of the complaint and include any further appropriate
appeals rights.
d. Investigation Process.
1. The attorney will conduct an immediate investigation of the complaint.
Interviews will be conducted with the complainant, followed by witnesses,
and then with the alleged harasser.
2. The interviews should elicit specific facts pertinent to the sexual
harassment claim, including, but not limited to, dates, places, witnesses,
alleged injuries, the impact of the harassment upon the employee's
job performance, the need for potential employee protection, professional
counseling and other assistance deemed necessary and/or appropriate.
3. The attorney should determine whether there are other sources of
corroborating evidence to support the claims of sexual harassment.
Witnesses named by the complaining party and unnamed co-workers in
a position to observe the events in question are potential sources
of such information. Interviewees should be instructed that the investigation
is being conducted in as confidential manner as possible and should
only be told what they need to know in order to enable them to provide
useful information.
4. During the course of the investigation, the attorney is responsible
for informing each individual involved of the necessity to maintain
confidentiality throughout the course of the investigation. The attorney
must emphasize to all involved, including the complainant, the accused
and the witnesses, of the confidential nature of the inquiry and must
discuss the implications of divulging information related to the investigation,
with specific reference to potential defamation claims, lawsuits,
and/or disciplinary action that may occur as a result of unauthorized
discussion of the case.
e. At the conclusion of the investigation, the attorney must submit
a complete written report to the Task Force.
The Task Force shall report its findings of fact to the Director
of Personnel and, absent clear error, the Director of Personnel shall
accept those findings as fact. The Director of Personnel shall make
all disciplinary decisions and take into consideration the Task Force's
conclusion. The Director of Personnel shall make final decision on
whether to proceed. The discipline imposed will vary according to
the severity of the sexual harassment and the record of the harasser
in accordance with N.J.A.C. 4A:2-1.1, et seq.
If the Task Force is not satisfied with any portion of the investigation,
including a finding of no probable cause, they may direct additional
steps be taken to ensure the completeness of the investigation. Any
remedial action which may recommend disciplinary action shall direct
the Director of Personnel to proceed in accordance with N.J.A.C. 4A:2-1.1,
et seq.
The Task Force shall also have the ability to make recommendations
to the City of Newark regarding the subject matter of preventing and
remedying sexual harassment in the workplace. A quarterly report shall
be filed with the Business Administrator and the Municipal Council.
No confidential information shall be contained in the report. The
Task Force, upon initial formation, shall adopt Rules of Order for
the conduct of their meetings and deliberations. However, the deliberations
of the Task Force and the recommendations shall be considered confidential
personnel proceedings. All members of the Task Force are required
to sign a Non-Disclosure/Confidentiality Agreement.
f. Resolution Outside Municipality. The purpose of this section is to
establish prompt, thorough and effective procedures for responding
to every report and incident so that problems can be identified and
remedied with the City's administration. Nothing in this section is
intended to supersede or impede an employee's right to contact the
Equal Employment Opportunity Commission (EEOC) for information regarding
filing a formal complaint.
g. Access to Reports and Documents. All records of complaints, including
contents of meetings, results of investigations and other relevant
material will be kept confidential by the City of Newark except where
disclosure is required under disciplinary or other remedial processes.
Neither the Task Force nor attorney shall have access to personnel
records of complainant, harasser or witnesses.