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RES 86-04 PERSONNEL MANUALLCI/naa 12/02/85 RESOLUTION NO. 86-04 A RESOLUTION OF THE CITY OF WINSLOW, WASHINGTON, REVISING THE CITY'S PERSONNEL MANUAL TO PROVIDE A POLICY RELATING TO THE PREVENTION OF HARASS- MENT ON THE BASIS OF SEX. WHEREAS, pursuant to Resolution No. 84-12 , passed by the City Council on May 17, 1984, the City Council adopted a Personnel Manual for the City, and WHEREAS, that Personnel Manual did not establish procedures for dealing with the issue of preventing sexual harassment in the work place, and WHEREAS, the City Council feels such a policy is desirable, now, therefore, THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. A new subsection, "Policy on Sexual Harassment" is hereby added to Section 3 of the City of Winslow Personnel Manual, to read as set forth in Exhibit A attached hereto and incorporated herein by this reference. Section 2. The City Clerk is directed to make the appropriate changes in the Personnel Manual as set forth. RESOLVED this 2nd day of January , 198 6. APPROVED: MAYOR, ALICE TAWRESEY ATTEST/AUTHENTICATED: ~~~ON FILED WITH THE CITY CLERK: December 3, 1985 PASSED BY THE CITY COUNCIL: January 2, 1986 RESOL[ITTON NO. RESOLUTION NO. 86-04 EXHI BIT A POLICY ON SEXUAL HARASSMENT 1. Sexual Harassment Explained Harassment on the basis of sex is a form of sex discrimination and is an unlawful employment practice in violation of State and federal law. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when: (1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or (2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or, (3) Such conduct has the purpose or effect of interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. 2. Statement of Policy It is the policy of the City that sexual harassment will not be tolerated. All employees are prohibited from engaging in the harassment on the basis of sex of any other employee or other person in the course of, or in connection with employment. Retaliation against employees who file conplaints of sexual harassment is prohibited. 3. Examples The following is a list of behaviors which are inappropriate and/or constitute illegal sexual harassment, and which shall be in violation of City of Winslow personnel policies. This list is meant to portray examples 0nly, and is not all-inclusive. - Negative or offensive comments, jokes or suggestions about another employee's gender; - Obsceue or lewd sexual comments, jokes, or suggestions; - Slang, names or labels such as "honey", "sweetie", "boy", "girl", that others find offensive; - Talking about or calling attention to another's sexual characteristics in a negative or embarassing way; - Laughing at, and in the case of a supervisor, ignoring or not taking seriously an employee who experiences sexual harassment; - Displaying on City property any pictures, cartoons, or calendars depicting nudity or sexual overtones; - Persistent invitations for dates which do not stop when the response is negative; and - Uninvited and deliberate touching or "accidentally" brushing against a perso~'s body. Procedure for Reporting Harassment A. An employee subjected to any form of sexual harassment should report such activity to his/her supervisor, department head, or directly to the Mayor. B. In any case in which the supervisor is witness to or aware of a situation of sexual harassment of any City employee, the supervisor shall immediately notify the offending party that such harassment is not appropriate and will not be tolerated. Ultimate disciplinary action will await completion of the reporting procedure. C. A supervisor is required to promptly report sexual harassment cases to his/her department head, who, in turn is required to promptly report the matter to the Mayor. Such reports to superiors and the Mayor are to be made regardless of how knowledge of the case was acquired. D. The departmen~ head shall with due diligence, investigate and submit to the Mayor a report setting forth the facts of the case and a recommendation for action. 5. Sexual Harassment b~ Non-City Employees. It is acknowledged that it is possible for sexual harassment of City employees to occur as the result of actions by non-City employees. It is the policy of the City to create a working environment free from such behavior. In the event any individual is aware of any sexual harassment of any City employee by a non- City employee, the reporting procedures set forth in paragraph four shall be followed. It shall be the department head's responsibility to take reasonable precautions necessary to ensure the sexual harassment does not reoccur. 6. Disciplinary Action. An employee who violates this policy shall be subject to disciplinary action which may include discharge. 12/12/85 LCI/naa SEXUAL HARASSMENT POLICY (EXHIBIT A) - 2