[HISTORY: Adopted by the Town Board of the Town of Philipstown 5-5-1994
as Res. No. 75-94. Amendments noted where applicable.]
GENERAL REFERENCES
Personnel policies — See Ch. 36.
Conduct prohibited by this chapter includes any unwelcome sexual advances,
requests for sexual favors or other verbal or physical conduct of a sexual
nature when:
A.
Submission to the conduct is either explicitly or implicitly
a term or condition of an individual's employment.
B.
Submission to or rejection of such conduct by an individual
is used as the basis for employment decisions affecting such individual.
C.
The conduct has the purpose or effect of unreasonably
interfering with an affected employee's work performance, creating an
intimidating, hostile or offensive work environment.
In addition to any options otherwise available to complainants through
employee unions or through state and federal agencies and the courts, the
following shall apply:
A.
Any employee who feels that he or she has been the victim of sexual harassment as described in § 46-1 above should contact their Department Head and Town Supervisor.
B.
Complaints should be made within 90 working days of the
occurrence of the event which gave rise to the complaint.
C.
The Department Head and the Town Supervisor shall review
the complaint, the accused (hereinafter "respondent") and any witnesses, review
any relevant documents and assist in the completion of a written complaint
form.
D.
The Department Head and the Town Supervisor will inform
all respondent parties of the factual allegations and give them an opportunity
to respond to all charges and evidence.
E.
The Department Head and the Town Supervisor shall at
each opportunity seek conciliation or an informal settlement that is satisfactory
to the parties concerned.
F.
The Department Head and the Town Supervisor shall prepare
a written report, including recommendations, for the Town Board within 30
days of the written complaint.
G.
The Town Board shall issue a final decision, in writing,
to the parties concerned, including disciplinary penalties, if any. If the
complaint is lodged against a person under the supervision of the Highway
Superintendent, the Town Board's final decision shall constitute a recommendation
for action to be taken by the Highway Superintendent.
H.
At any point in the proceedings, the complainant may
withdraw the charge by submitting a written request to the Department Head
and the Town Supervisor.
I.
The Town Board shall reach its decision within 60 days
from the date of the written complaint.
The substance of any complaint and investigation shall remain confidential.
Any disclosure of such information shall be deemed to be an unwarranted invasion
of personal privacy pursuant to Public Officers Law Article 6, the Freedom
of Information Law.
Each complaint will be resolved by either withdrawal of the complaint
by the complainant, dismissal of the complaint or remedial action. The complainant
shall be notified, in writing, of the outcome.
The following courses may be considered, consistent with the relevant
law, rules and regulations of any negotiated collective bargaining agreements:
A.
Placement of a person in a position that the individual
would have been entitled to had the discriminatory practice not occurred.
B.
Promotion of a person who has refused advancement because
of a discriminatory circumstance.
C.
Hiring a person who was refused employment because of
a discriminatory circumstance.
D.
Disciplinary action against a respondent in accordance
with the appropriate employee agreement or other applicable disciplinary procedure.
E.
Any other remedial action that can be developed to address
the circumstances of a particular case. Each case must be judged on its own
merits.
Any employee who participates in the procedure may do so without fear
of retaliation. Retaliation against an employee who has filed a discrimination
complaint will result in investigation and appropriate disciplinary action
against the individual taking retaliation.
The Department Head and the Town Supervisor will keep a record of the
status and determination of all complaints for such period as prescribed by
the Commissioner of Education's Records Retention and Disposition Schedule.
Records of cases that are unresolved will be maintained indefinitely until
resolved or until all parties are no longer employed with the town.
All departments, board, committees, councils and commissions of the
town shall widely distribute this policy statement by providing a copy to
each employee and by including it in all employee orientation procedures.
The town shall also post the policy statement in a public place.
