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HomeMy WebLinkAbout09092019 City Council Work Session Packet - Ord2019-014 City Council Work Session Packet Topic: Review and discuss Ordinance 2019-014 Monday, September 9, 2019 City Council Chambers PUBLIC NOTICE CITY COUNCIL WORK SESSION NOTICE IS HEREBY GIVEN that the Seward City Council will conduct a work session on the following item of business: CITY COUNCIL WORK SESSION Monday, September 9, 2019 at 5:00 p.m. City Council Chambers TOPIC: Review and discuss Ordinance 2019-014 Ordinance 2019-014, Amending Seward City Code 3.75.010 "Sexual Harassment" To Add Prohibitions Against Other Forms Of Harassment And Bullying Conduct And To Apply Seward City Code 3.75.010 To All City Employees, Officials And Agents When Acting On The City's Behalf. The work session will commence in the Seward City Council Chambers located in City Hall at 410 Adams Street, Seward. All interested persons are invited to attend the meetings. POSTED: Wednesday, August 14, 2019 City Hall bulletin board U.S.Post Office Harbormaster's Building Seward Community Library Museum Sponsored by: Meszaros Introduction Date: August 12, 2019 Public Hearing Date: August 26, 2019 Enactment Date: August 26, 2019 CITY OF SEWARD,ALASKA ORDINANCE 2019-014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE 3.75.010 "SEXUAL HARASSMENT" TO ADD PROHIBITIONS AGAINST OTHER FORMS OF HARASSMENT AND BULLYING CONDUCT AND TO APPLY SEWARD CITY CODE 3.75.010 TO ALL CITY EMPLOYEES, OFFICIALS AND AGENTS WHEN ACTING ON THE CITY'S BEHALF WHEREAS, the City of Seward ("City") adopted detailed policies prohibiting harassment, defamation, and conduct generally identified as "bullying" in 2016; and WHEREAS, the City is dedicated to ensuring that it provides a harmonious workplace, safe from all forms of harassment and bullying, regardless of gender, sexual orientation, race, religious orientation, or any other personal characteristics; and WHEREAS, the expansion of the harassment and bullying prohibitions in the Seward City Code will provide the City administration the ability to fine person(s) violating the City's anti-harassment and anti-bullying provisions when acting on the City's behalf. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Code SECTION 3.75.010 - SEXUAL HARASSMENT is hereby amended as follows: (Deletions are Bold Str-ikethr-ou Additions are Bold Underlined Italics.) 3.75.010. - Harassment and Bullyin,--prohibited. (a) . City employees, officials or azents shall not subiect any person No employee should be subjeet to unsolieited find to harassment while representinz the City or conductin,-business on the City's behalf. b) The City administration shall define harassment and bullying in policies adopted under subsection (e) of this section. The definitions shall prohibit and define sexual harassment, bullyinz, and non-sexual harassment. Sexti,! hilr-ilss ent does not .-efe. +,. CITY OF SEWARD,ALASKA ORDINANCE 2019-014 prohibited.personnel, is speeifienfly This ineludes, but is not limited to, repented offensive (cb) No person subject to this section should imply to another person aft eleyee-that lack of cooperation of a sexual nature would in some way negatively affect that person's access to City services, employment, assignment, compensation, advancements, career development, or any other privilegge, benefit or right arising from that person's relationship with the City. eff&ie of��� Any such actions are a violation of this section and subject to punishment up to and including termination of employment or services. (de) Any person who believes the/she has been subjected to sew harassment or bullyinz o-- intimi ntio en toe g-onprohibited under this section or the policies adopted under this section may mtfs file a complaint with of either the employee's supervisor, the personnel officer or the city manager.A person may also file a complaint with the City Attorney if the conduct arises from actions taken by the City Manazer, City Clerk, a council member or the Mayor. Complaint forms shall be available at the Clerk's office and on the City website. Filin,- instructions shall be included on the complaint form. All properly filed su ,- eh complaints will be rempty andfairly investigated within 15 days after the complaint is filed and, where appropriate, immediate corrective action will be taken. To the highest degree possible, allowing for a fair investigation, all such complaint will be treated in the strictest confidence. Emp!3- esThe Ci shall not retaliated against any person for been ise t ey ha ,e made- bringing a complaints of se harassment or bullyinz. (e) The City shall adopt policies enactin,- a confidential complaint and investigation Process for claims arisinz under this section. These policies shall be adopted and may be amended upon City Council approval. All policies shall be posted in accordance with federal, state, and local law, and shall be made available on the City website. Section 3. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA this 26 h day of August, 2019. 16 COUNCIL AGENDA STATEMENT Meeting Date: August 26, 2019 To: Honorable Mayor and Council From: Scott Meszaros, City Manager Brennan Hickock, Assistant City Manager Agenda Item: Ordinance 2019-014: "An Ordinance of the City Council of the City of Seward, Alaska Amending Seward City Code 3.75.10 "Sexual Harassment" to Add Prohibitions Against Other Forms of Harassment and Bullying Conduct and to Apply Seward City Code 3.75.010 to All Employees, Officers, and Elected and Appointed City Officials BACKGROUND & JUSTIFICATION: The purpose of Ordinance 2019-14 is to expand the scope of Seward City Code 3.75.010, which currently only prohibits sexual harassment in the workplace. While the Code provision prohibits sexual harassment, it does not go so far as to encompass other types of harassment or to regulate persons acting on the City's behalf but not directly employed by the City. Further, the Code did not directly identify the existence of more detailed City policies prohibiting the types of conduct Council members sought to prohibit, such as bullying. Previously, Councilmember Lane sponsored an ordinance very similar to Ordinance 2019-14. While Council postponed this ordinance indefinitely, this administration and the public at large recognized the value in amending the Code to expand its protections and mirror the protections afforded in City policy. To this end, the Ordinance attempts to further the goals of Councilmember Lane's earlier ordinance. Additionally, this administration requested that City Attorney Wells review the Ordinance and revise it as needed to incorporate public comments and recommendations to the extent these comments furthered the objective of or added clarity to the Ordinance. In the event Council approves introduction of the Ordinance, City policies prohibiting harassment and conduct that is generally identified as bullying should be revised to include definitions for bullying, sexual harassment, and non-sexual harassment prohibited under the Code. This administration will revise the policies accordingly, and present the revisions for Council approval at its next regularly scheduled meeting. INTENT: The intent of this ordinance is to amend the Seward City Code to incorporate conduct prohibited in current City's policies, authorize and require more specific definitions for such conduct in Council approved policies. The Ordinance also expands the scope of the prohibitions to include City agents and officials acting on behalf of the City. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Strategic Plan (document source here) : Other (list): Seward City Personnel Policies X FISCAL NOTE: This change in the City Code is expected to have no financial impact upon the City. Approved by Finance Department: ATTORNEY REVIEW: Yes X No Not Applicable RECOMMENDATION: I recommend introduction of Ordinance 2019-014 if Council agrees with the changes proposed in the Ordinance. If the Ordinance is introduced, I recommend direction to the City Manager to revise current City policies to reflect and comply with the requirements in the Ordinance and to bring these revisions to Council for adoption at the same meeting at which the Ordinance is scheduled for public hearing. Chapter 3.75. -Standards Relating to Employee Conduct 3.75.010. -Sexual harassment. (a) Sexual harassment is unlawful and violates city policy. No employee should be subject to unsolicited and unwelcome sexual overtures or conduct, either verbal or physical. Sexual harassment does not refer to casual conversation or compliments of a socially acceptable nature. It refers to behavior that is not welcome and that is personally offensive, interferes with effectiveness, or creates uneasiness on the job. Such conduct, whether committed by supervisors or non- supervisory personnel, is specifically prohibited. This includes, but is not limited to, repeated offensive sexual flirtations, advances or propositions, continued or repeated verbal abuse of a sexual nature, graphic or degrading verbal comments about an individual or that individual's appearance, the display of sexually suggestive objects or pictures, or any offensive or abusive physical contact. (b) No individual should imply to an employee that lack of cooperation of a sexual nature would in some way negatively affect that person's employment, assignment, compensation, advancements, career development, or any other condition of employment. Any such actions are subject to punishment up to and including termination. (c) An employee who believes that he/she has been subjected to sexual harassment or intimidation on the job must bring this to the immediate attention of either the employee's supervisor, the personnel officer or the city manager. All such complaints will be promptly and fairly investigated and, where appropriate, immediate corrective action will be taken. To the highest degree possible, allowing for a fair investigation, all such complaint will be treated in the strictest confidence. Employees shall not be retaliated against because they have made complaints of sexual harassment. (Ord. 97-20) P&P No. , i MUNICIPALITY OF ANCHORAGE 40-38 Page 1 of 4 MAYOR ' S DIRECTIVE Effective Date: June 8, 2018 Subject: Supercedes No. Dated: Unlawful Discrimination and 20-1, 40-16 8/10/92 Harassment Appr : 1. PURPOSE To establish the policy regarding unlawful discrimination and harassment by Municipal employees towards other Municipal employees. 2. POLICY It is the policy of the Municipality to provide a harmonious work environment free from discrimination or harassment. Discriminating against or harassing employees, applicants, or interns because of their race, color, religion, national origin, age, sex, sexual orientation, gender identity, marital status, or physical or mental disability, or other protected class under the law is prohibited and unlawful. The Municipality expects any employee who believes they are being discriminated against or harassed in the workplace by another employee, or any employee who observes such behavior,to promptly report it to any supervisor, the Office of Equal Opportunity (OEO), or Employee Relations. Retaliation is prohibited against an employee for reporting such incidents or participating in an investigation. 3. ORGANIZATIONS AFFECTED All Municipal Agencies. 4. REFERENCES a. Municipality of Anchorage EEO/AA Policy Statement. b. Municipal Operating Policy/Procedure 40-37, Policy Against Workplace Bullying. c. Anchorage Municipal Code 3.30, Personnel Rules. d. Anchorage Municipal Code 5,Equal Rights. 5. DEFINITIONS a. Employ any person in the employ of the Municipality who is subject to the personnel rules, has been hired in accordance with those rules, and whose activities are directed by Subject: P&P No. Page 2 of 4 Unlawful Discrimination and Harassment 1 40-38 the Municipality. For the purpose of this policy only, the term "employee" includes unpaid interns and volunteers. b. Discrimination: the unequal treatment of employees with respect to the terms and conditions of their employment, based on their membership in a protected class. c. Harassment: unwelcome visual, verbal, or physical conduct engaged in on account of a person's actual or perceived membership in a protected class. d. Sexual Harassment: unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. Although the law doesn't prohibit simple teasing, offliand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision(such as the victim being fired or demoted). e. Retaliation: materially adverse action taken against an employee who is reasonably opposing unlawful discrimination, harassment, or retaliation or because the employee has made a charge, testified, assisted, or participated in an investigation, proceeding, or hearing concerning illegal discrimination, harassment or retaliation. £ Office of Equal Opportunity (OEO): a Municipal Office which provides information and assistance to employees who believe they have been discriminated against or harassed by another employee. OEO is a part of the Municipality and is not a Compliance Agency. g. Compliance Agency: a local, state, or federal agency empowered by statutes, ordinances or regulations to investigate complaints of discrimination. The following are Compliance Agencies: the Alaska State Commission for Human Rights (ASCHR); the Anchorage Equal Rights Commission (AERC); the Federal Equal Employment Opportunity Commission (EEOC); and, the Office of Federal Contract Compliance Programs (OFCCP). Other federal agencies have certain investigative responsibilities on matters relating to grants or programs that they administer. h. Complaint: a Complaint filed with a Compliance Agency. 6. RESPONSIBILITIES a. Each agency head shall: i. Ensure that all employees are familiar with this policy. Subject: P&P No. Page 3 of 4 Unlawful Discrimination and Harassment 40-38 ii. Report allegations of discrimination or harassment to the Employee Relations Department. b. OEO shall: i. Assist employees in informally resolving allegations of discrimination or harassment. If an allegation of discrimination or harassment cannot be resolved informally within 30 calendar days of the employee bringing the matter to OEO, then the jurisdiction of OEO terminates. Absent resolution, OEO will promptly notify the Employee Relations Department or the Municipal Attorney of the alleged discrimination or harassment. ii. Assist the Employee Relations Department with investigations of alleged discrimination or harassment upon notification by the Employee Relations Department. c. The Employee Relations Department shall: i. Review allegations of discrimination or harassment, and investigate when appropriate with the assistance of OEO. d. The Municipal Attorney's Office shall: i. Assist the Employee Relations Department and OEO with allegations of discrimination or harassment upon request. ii. Be responsible for any Complaints received from Compliance Agencies. 7. DUTY TO REPORT a. Employees: All employees are expected to report conduct believed to constitute discriminatory, harassing, or retaliatory behavior by one employee towards another employee, including instances directed at them or instances directed at co-workers, to their supervisor, OEO, or to the Employee Relations Department. b. Supervisor: If an allegation is made to a supervisor, or if a supervisor becomes aware of potential discrimination, harassment, or retaliation, the supervisor must promptly report it to the Employee Relations Department. c. Retaliation: Retaliation against an employee who reports, files a Complaint of, or otherwise opposes conduct the employee reasonably believes to be unlawful discrimination,harassment, or retaliation, or assists in the investigation of a Complaint, is prohibited. d. Leave: A request to use leave must be made to the employee's supervisor before the employee reports the allegations to OEO if made during the employee's scheduled work Subject: P&P No. Page 4 of 4 Unlawful Discrimination and Harassment 40-38 hours. An employee may request administrative leave to report allegations of discrimination or harassment to OEO. The Employee Relations Director and the OEO Director will work together to determine the appropriate amount of administrative leave. 8. COMPLIANCE AGENCIES Employees have the option to file a Complaint with a Compliance Agency. Contact the Compliance Agencies for information about Complaint procedures and filing deadlines. If an employee files a Complaint with a Compliance Agency, the Municipal Attorney's Office will be responsible for responding to the Complaint and working with the Compliance Agency to resolve the matter. Employees will not be granted administrative leave to file a Complaint with a Compliance Agency. The employee will also not be granted administrative leave for any subsequent meetings, fact-findings, mediations, or other matters related to their Complaint. 9. ANNUAL REVIEW DATE/LEAD REVIEW AGENCY The Employee Relations Department will review this document annually.