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90-1727 �� � � � �'J� L + Council File # Q '���� Green Sheet # ,d y�O 3 RESOLUTION CITY OF AINT PAUL, MINNESOTA ' � � Presented By i Referred To �� -°---"`� Committee: Date ___--------------------------------------------------------------�_______________________ -------------------------------------- WHEREAS, the Ci of Saint Paul recognizes that all employees have the right to expect a work environment that res ects their dignity and worth, as well as that of their fellow employees and the citizens they serve and � WHEREAS, the foll wing racial harassment policy demonstrates the city's firm commitment to provide a clear stateme t of the issues and the harm sunounding acts df racial harassment; now, therefore, be it RESOLVED, that th mayor and council hereby approve and adopt the attached policy as the Racial Harassment Policy or the City of Saint Paul; and FURTHER RESOL D, that the attached policy shall be inserted as Chapter A-17 of the Appendices to the Saint P ul Administrative Code. CITY OF SAINT PAUL , RACIAL HARASSMENT POLICY The City of Saint Paul wis es to reaffirm its equal employment opportunity policy as adopted in the Human Rights Ordinance nd the Affirmative Action Program. Racial harassment, in any form, will not be tolerated nor c ndoned. The City will take prompt action to discipline any employee, regardless of employment atus, who contributes to a racially offensive, ho'stile, or intimidating work environment. Depen ing on the seriousness of the offense, disciplinary action may range from a verbal warning to termin tion. As a provider of public se 'ces to the citizens of Saint Paul, the City also affirms its equal treatment policy in the deli ery of these services. In addition, a provider df services who is under contract with the City is e ected to deliver public services and treat its employees in accordance with this policy. The United States Civil Ri hts Act of 1964, Title VII; the Minnesota Human Rights Act, Minnesota Statutes Chapter 363; and t e Saint Paul Human Rights Ordinance, Saint l�aul Legislative Code Chapter 183; all prohibit di criminatory treatment because of an employee's race. Conditions and privileges of employment a e covered as well as hire, tenure, referral, apprenticeship, terms and upgrading. Consequently, nder the conditions of employment provisions di the civil rights laws, the City is obligated to provide a bias free work environment for all employees. The City will hold all empl yees equally responsible and accountable for maintaining a workplace that respects the dignity an rights of all employees and the citizens they serve. Employees are encouraged to be supportiv of one another and sensitive to remarks and aictions that can be personally harmful and/or isruptive to others in the workplace. � '. ' �� t°,r=ya-- ���� � Ek�*,�1�� bf �dnduct whi demean the dignity and worth of an employe� and may be legally actionable racial harassm nt are: 1. Use of racially dero atory terms or racially-oriented names to, or in.the presence of, persons who find such terms or names offensive. ' 2. Expression of raciall -oriented jokes or remarks to, or in the presen�e of, persons who find such jokes or remar offensive. 3. Circulation of carto ns, pictures, or written materials depicting racia,l minorities in a demeaning manner, 4. Use of verbal expres ions or physical gestures meant to mimic or ste�reotype a racial minority in a demeaning m er, � 5. Elchibition of threate 'ng actions in order to intimidate, harm, or embarrass an individual because of that indi 'dual's race or because of that individual's association with a person of another race. Supervisors and managers ust serve as positive role models with respect 'to proper conduct in the workplace. Along with th ir own conduct, supervisors and managers must�always be alert in identifying negative behavi r among employees which may affect the work�environment. The City will hold supervisors and anagers responsible if they knew, or should hav�e known, of the discriminatory work enviro ent and failed to take timely and appropriate action - whether or not the conduct was intentiona or unintentional. Supervisors and managers ust educate employees concerning the City's �acial Harassment Policy and the standards of cond ct which are expected. Supervisors and manag�rs should encourage employees to discuss and k questions in order to become better informed and to bring concerns and observations to the att ntion of their supervisors and managers for dis�cussion and follow-up, as appropriate. Supervisors a d managers can use staff ineetings and individ�}al one-on-one discussions as appropriate means for r view of questions and concerns about the worl�lace. General allegations and concerns a out the workplace environment can often be resolved through these informational meetings and discussion sessions. Any employees who believ they have been subject to racial harassment may look to the Reporting and Investigation Procedur s that have been established for the Sexual Hazassment Policy of the City of Saint Paul for the r porting procedures to be followed in filing thei� complaint. All staff will be expected to comply 'th the time limitations and investigation standards established in that procedure. Employees ma also contact their bargaining unit's labor representative, the City of Saint Paul Employee Assist nce Program, the City of Saint Paul Peer Counselor Program, the City of Saint Paul Human Right Department within one (1) year from the occ�irrence of the alleged harassment, the Minnesota epartment of Human Rights within one (1) year from the occurrence of the alleged harassment, e United States Equal Employment Opportuni�ty Commission within six (6) months from the occun nce of the alleged harassment or any other individual or agency in order to exercise their right . Telephone numbers for these additional resources are available from the Office of Personnel and Labor Relations. Q R I G i NAl� �� -� ��°�'�°�� Of equal and critical imp rtance is the City's affirmation of its public policy to foster equal opportunity for all in emp oyment by the City and in rendering its public service without regard to RACE, CREED, RELIG ON, SEX, COLOR, NATIONAL ORIGIN, ANCESTRY, FAMILIAL STATUS, AGE, DISABI ITY,MARITAL STATUS OR STATUS WITH REGARD TO PUBLIC ASSISTANC� d strictly in accordance with individual merits�as human beings. Harassment in any form, 'th regard to these areas, will not be tolerated;i and the City will take prompt action to disciplin any employee who contributes to an offensive, hostile, or intimidating work environment. , ,I ; _------------------------ ----------------------------------------- -----------------------------------------�_______________________ --------- ------- ------ --------- D'�n Teas Na s Absent Requested by Department of: Goswitz Lon Macca e Rettman T une Wt son BY= __________________�__ _�__—_________ ' Adopted by Council: Date S C P 2 ; 1gg0 Fo�m Approved by City Attorney Adopt i on Cert i f i ed by Cou i l Secretary B ��./�'�'�� � � !(�1 q� � Y� f BY' ' � Approved by Mayor fpr Submission to • Council � Approved by Mayor: Day� 1 ' �� � r' � gy; �.��'����'1 By: Pi;��.V��i L;� i , �; 199__0_ . � �. `: ' ��o-i�� � DEPARTMENT/OFFICE/COUNCIL DATE INITIATED N� _10 9 6 3 st. Paul city counci 09-17-90 GREEN SHEET CONTACT PERSON&PHONE INITIAUDATE INITIAUDATE ' �DEPARTMENT DIRECTOR �CITY COUNCIL W i 11 i am w l 1 S OIl 2 8-4 6 4 6 pgg�GN �CITY ATTORNEY �CITY CLERK MUST BE ON COUNCIL AGENDA 8Y(DATE) NUMBER FOR ❑BUDGET DIRECTOR �FIN.&MOT.SERVICES DIR. ROUTING September 2 7� 19 9 0 ORDER �MAVOR(OR ASSISTAN'n � TOTAL#OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Approval of a resolu ion adopting a racial harassment p licy for the City of St. Paul RECOMMENDATIONS:Approve(A)or ReJect(R) pERSONAL SERVICE CONTRACTS MUST ANSWER E FOLLOWING GUESTION8: _ PLANNINCi COMMISSION _CIVIL 3ERV E COMMISSION �• Has this person/firm ever worked under a contract for his departmeM? _CIB COMMITTEE _ YES NO 2. Has this personlfirm ever been a city employee? _3TAFF — YES NO _ DISTRICT COURr _ 3. Does this person/firm possess a skill not nonnally po ssed by any current city employee? 3UPPORT3 WHICH COUNCIL OBJECTIVE? YES NO Explaln all yes answers on separate shsst and attac to yroen aheet INITIATINa PROBLEM,ISSUE,OPPORTUNITY(Who, het,When,Where,Why): All city employees h ve the right to expect a work envi onment that respects their dignity and wo th. This policy demonstrates the ity' s firm commit- ment to provide such an environment as well as a clear tatement of the issues and harm surr nding acts of racial harassment. ADVANTAGES IF APPROVED: City employees and s vice providers under contract wil have a clear understanding of con ct that may be or may be inte reted as racial harassment, wi 1 understand that the city will p ovide a working atmosphere free of s h conduct and will understand the' r avenue for reporting and resolvi g alledged violations DISADVANTAGES IF APPROVED: None Cou ci1 �esearch Center_ S�P 13 �U DISADVANTACiES IF NOT APPROVED: City employees may be unsure of the city' s policy regard'ng racial harass- ment and may continue to work in an environment where ha assment occurs which negatively affe ts productivity and the over-all 11-being of the city workforce. RECEIVEI� SEP19199 TOTAL AMOUNT OF TRANSACTION S — �— COST/REVENUE U!Gf ED CRC E ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION:(EXPLAIN) ��