[Adopted 4-5-2002 by L.L. No. 2-2002]
A. 
The Town of Shelter Island is an equal opportunity employer. Discrimination on the basis of race, color, sex, religion, age, national origin, marital status, disability or veteran status will not be tolerated. The purpose of this policy is to protect the right of every employee, job applicant, volunteer or contractor doing business with the Town (hereinafter "employee") to be free from illegal discrimination or harassment in the workplace. The Town Board recognizes that illegal discrimination or harassment in the workplace is not only an offensive working condition, but also violates the New York State Human Rights Law (Executive Law § 290 et seq.) and is an unlawful employment practice under Title VII of the Civil Rights Act of 1964.
B. 
Scope of policy. Discrimination or harassment (hereinafter "harassment") in the employment environment is a condition which is not only obnoxious and harmful to its victims, but costly to the employer in its impact on employee productivity and morale. Every Town employee is entitled to a working environment free from illegal harassment on the basis of race, color, sex, religion, age, national origin, marital status, disability or veteran status, and all Town personnel are hereby advised that harassment of the aforesaid will not be tolerated within the workplace. Disciplinary sanctions will be enforced against any Town employee who is found to have engaged in prohibited conduct, as defined herein, and against any supervisor who knowingly permits such conduct by employees under his or her supervision. The Town shall conduct awareness training for all department heads and supervisors. Department heads and supervisors shall take affirmative steps to ensure that all employees are informed of the Town's policy on harassment, to assist employees who complain of prohibited conduct and to maintain in each office a working environment free from harassment.
A. 
Harassment is hereby defined as any verbal or physical conduct focusing on a person's race, color, sex, religion, age, national origin, marital status, disability or veteran status, when:
(1) 
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
(2) 
Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual; or
(3) 
Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
B. 
Harassment shall include conduct as described above by any officer or employee, whether or not in a supervisory position over the victim. The conduct need not be a condition or requirement for continued employment, promotion or other tangible employee benefit; harassment includes conduct which interferes with an individual's job performance by creating an offensive working environment.
A. 
Employees. For the purposes of this policy, an "employee" is defined as an individual employed by the Town of Shelter Island. Police officers shall be covered by the separate Police Department policy.
B. 
Other individuals. Harassment by an on-duty employee toward another individual not a Town of Shelter Island employee shall be deemed to violate this article when such conduct is used either explicitly or implicitly as a term or condition of such individual's application for a grant of approval or information or is used as a basis for a decision affecting an individual's application for a grant of approval or information.
A. 
Complaints.
(1) 
Complaints of harassment may be directed to the appropriate department head, to the Town Supervisor or to the Town Attorney (collectively called "investigators"). Complaints made initially to the department head which are not informally resolved to the satisfaction of the complainant shall be referred to the Town Attorney. Complaints are encouraged to be made as soon as possible after occurrence of the alleged prohibited conduct.
(2) 
All complaints of harassment and proceedings relating thereto shall be kept in strict confidence except as otherwise specified herein.
B. 
Investigation.
(1) 
The investigators shall, in a timely manner, conduct an investigation of the complaint, interviewing appropriate persons, examining relevant records and consulting with and utilizing any appropriate Town staff and/or outside resources.
(2) 
If the investigators deem it appropriate, the parties to the complaint may be brought together to attempt an informal resolution of the complaint in a manner satisfactory to both parties.
(3) 
Both the complainant and the person against whom the complaint is made shall be permitted to have counsel or other representatives present at any interview or other proceedings.
C. 
Resolution.
(1) 
Upon conclusion of the investigation the investigators shall sit down with the parties and attempt to mediate a resolution to the matter. If no resolution is reached within a reasonable time, the investigators will make a written recommendation to the Town Board. Copies of the written recommendation shall be mailed to the complainant and the party against whom the complaint was made.
(2) 
The Town Board may, but need not, adopt the investigators' recommendation. The Town Board shall also be free to pursue mediation or alternative dispute resolution, including requiring informal appearances by the parties or witnesses.
(3) 
Hearing. Upon written request of a party accompanied by a showing of material facts in dispute, the Town Board may appoint a hearing officer to conduct a formal hearing. Such hearing shall provide a fair opportunity for parties and witnesses to be heard, shall be conducted so as to do substantial justice between the parties according to the rules of substantive law and shall not be bound by statutory provisions or rules of practice, procedure, pleading or evidence. At the conclusion of such hearing, the hearing officer shall issue a written statement of finding of fact and conclusions of law, including a determination as to whether or not prohibited conduct has occurred.
(4) 
Discipline sanction. Conduct which is found to violate this policy shall be deemed a serious violation of Town policy and shall be the basis for disciplinary action as set forth in a collective bargaining agreement, Civil Service Law or as otherwise appropriate.
No Town employee shall be subject to retaliation or discrimination in any form as a result of bringing a good faith complaint or testifying or assisting in a grievance brought pursuant to the procedure set forth herein.
A copy of this policy shall be included in the employee information provided annually, as an insert with Town paychecks, and shall be otherwise disseminated as the Town Board may direct.