88-1345 WHITE - CITY CLERK
PINK - FINANCE COUIICII
CANARV - DEP4RTMENT ITY OF SAINT PAUL �� �
BLUE - MAVOR File NO• � /�
u l Resolution � .�:� ,
Presented By '�— �
Ref red To Committee: Date
Out of Committee By Date
WHEREAS, the City of Saint Paul recognizes that all employees have the right
to expect a work environment that respects their dignity and worth, as well as
that of their fellow employees and the citizens they serve; and
WHEREAS, the following Sexual Harassment Policy demonstrates the City's firm
commitment to provide a clear statement of the issues and the harm surrounding
acts of sexual harassment; now therefore, be it
RESOLVED, that the Mayor and Council, hereby, approve and adopt the attached
policy as the Sexual Harassment Policy for the City of Saint Paul; and
FURTHER RESOLVED, that Chapter A-12 of the Appendices to the Saint Paul
Administrative Code is, hereby, deleted in its entirety and the attached policy
is inserted in its place.
COUNCIL MEMBERS
Yeas Nays Requested by Department of:
Dimond
�� [n Favor
Goswitz
Rettman �A
�hQ1be� Against BY
Sonnen
Wilson
AU�' ' � '�8 Form Appr ed by Cit Attorney
Adopted by Council: Date 1 � C���2aD��
Certified Passed ' Sec r BY
By
A►pproved avor: Date �u� j � � Approv Mayor for Submi ' n t i cil
By
�J$HED n.'! G " ;' 1988
� ° , � ��i3�
CITY OF SAINT PAUL
SEXUAL HARASSMENT POLICY
I. SEXUAL HARASSMENT POLICY AND DEFINITIONS
A. Policy Statement
The City of Saint Paul, as a public employer and a provider of
services, WILL NOT TOLERATE NOR CONDONE SEXUAL HARASSMENT IN ANY FORM
from any employee, regardless of their employment status, nor from a
provider of services who is under contract with the City.
Sexual harassment can be overt or subtle. Some behavior which may be
acceptable in a social setting is not appropriate in the workplace.
Whatever form it takes --- verbal, nonverbal or physical --- sexual
harassment is insulting and demeaning to the recipient and cannot and
will not be tolerated in the workplace. Al1 employees, supervisors
and managers are responsible for maintaining a work environment free
from any form of sexual harassment and will be held fully accountable
in complying with this policy and taking appropriate measures to
insure that such conduct does not occur.
This policy and any resulting procedures for its implementation
provide a process for City employees who wish to work within the
City's system to identify, prevent and remove sexual harassment from
the work environment. However, City employees remain free to pursue
any sexual harassment complaints with an outside independent agency,
as set forth in this policy.
APPROPRIATE DISCIPLINARY ACTION WILL BE TAKEN AGAINST ANY EMPLOYEE WHO
VIOLATES THIS POLICY. Based on the seriousness of the offense,
disciplinary action may include verbal or written reprimand,
suspension, demotion, or termination.
The defense and indemnification of an employee charged with a
violation of this sexual harassment policy will be reviewed on a
case-by-case basis.
B. Definition of Sexual Harassment
Section 363.01 et seq, of the Minnesota State Statute defines sexual
harassment as including unwelcomed sexual advances, requests for
sexual favors, sexually motivated physical contact, or other verbal
expression or physical conduct, or communication of a sexual nature
when:
1. "Submission to that conduct or communication is made a term or
condition, either explicitly or implicitly, of obtaining
employment. . .or public services. . _ . "
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r ���3�-
I.B.2. , continued
2. "Submission to or re�ection of that conduct or communication by an
individual is used as a factor in decisions affecting that
individual's employment. . .or public services. . ."
3. "That conduct or communication has the purpose or effect nf
substantially interfering with an individual's employment. . .or
public services. . .or creating an intimidating, hostile, or
offensive employment environment . . .or public services
environment . . . and in the case of employment, the employer
knows or should know of the existence of the harassment and fails
to take timely and appropriate action."
NOTE: These definitions may apply even if the conduct or
communication was not intended to be offensive, hostile,
and/or intimidating.
Title VII of the Civil Rights Act of 1964, in con�unction with the
Equal Employment Opportunity Commission's guidelines for defining
sexual harassment, prohibits unwelcomed sexual advances, requests for
sexual favors, and other verbal expression or physical conduct of a
sexual nature.
C. Examples of Employee Conduct
The City views sexual harassment in the workplace in the broadest
possible scope. Determining whether sexual harassment has occurred in
the workplace will be resolved after a case-by-case investigation of
the facts. Examples of conduct which demean the dignity and worth of
an employee and may be legally actionable sexual harassment are:
1. Threatening actions in order to have a sexual favor performed;
2. Intimating, by way of a suggestion, a desire for sexual relations
or physical contact;
3. Continued suggestions regarding invitations to social events
outside the workplace, or work-related social activities, after
being informed that such suggestions are unwelcomed;
4. Use of any offensive or demeaning terms which have a sexual
connotation such as:
a. Verbal abuses of a sexual nature,
b. Graphic commentaries about a person's body,
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. � , ��,3�5
I.C.4.c. , •continued
c. Use of sexually degrading words to describe a person,
d. Propositions of a sexual nature,
e. Deliberate or careless expression of �okes or remarks
of a sexual nature to, or in the presence of, persons who
find such �okes or remarks offensive,
5. Deliberate or careless creation of an atmosphere of sexua.l
harassment or intimidation;
6. Use of sexually suggestive ob�ects;
7. Pictures placed in work areas that embarrass or offend, including
posting of "dirty" pictures;
8. Circulation of sexual cartoons;
9. Uninvited attention through prolonged staring or leering
at a person which causes a person to feel uncomfortable
and harassed;
10. Whistling in such a manner as to attract unwelcomed attention to
another person, i.e. wolf whistling;
11. Uninvited physical closeness or unwanted physical contact, as in
the uninvited touch, hugging, patting, and/or pinching;
12. Initiating unwanted discussion of one's personal sex life.
D. Provider of Services
These examples of improper conduct are equally applicable to a
provider of services who is under contract with the City.
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. • . �='�-i��s
II. EMPLOYEE'S RESPONSIBILITIES
A. Al1 employees are equally responsible and accountable for maintaining
a workplace that respects the dignity and rights of their fellow
employees and the citizens they serve. Employees are encouraged to be
supportive of one another and sensitive to remarks and actions that
can be personally harmful and/or disruptive to others in the
workplace.
B. Supervisors and managers must serve as positive role models with
respect to proper conduct in the workplace. Along with their own
conduct, supervisors and managers must always be alert in identifying
negative behavior among employees, whether intentional or not, that
may affect the work environment.
C. Supervisors and managers must educate employees concerning the City's
Sexual Harassment Policy and Procedures and the standards of conduct
that are expected. Supervisors and managers should encourage
employees to discuss and ask questions in order to become better
informed and to bring concerns and observations to the attention of
their supervisors and managers for discussion and follow-up, as
appropriate. Supervisors and managers can use staff ineetings and
individual one-on-one discussions as appropriate means for review of
questions and concerns about the workplace. General allegations and
concerns about the workplace environment can often be resolved through
� these informal meetings and discussion sessions. If a specific
complaint is presented, an internal investigation will be conducted.
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�'�'-�f`�i3s+�.�
• ' .N°_ 014102 �
Mayar's DEPARTMENT - - - - - - -
Germ�n dnn Alvarado CONTACT NAME
� .:.
_298-422 t PHONE
' Angnst 1D, 1988 DATE
ASSIGN NUMBER FOR ROUTING ORDER: (See renerse side.)
1 Department Director , 3 Maqor (or Assistant)
_ Finance and Management Services Director C3ty Clerk
Budget Director 4 City Council
� 2 City Attorney , _
TOTAL NUMBER. OF BIGNATURE PAGES: �_ (Clip all locations for signature,)
WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/Rationale)
,
The City of Saint Paul policy abDUt:`sexual harassment is a revision and further
elaboration of an earlier policy statement. It, also, deletes Chapter A-12 of the
Appendices to the Saint Paul Administrative Cod� in: its entirety. This policy replaces
the deletion.
COST/BENEFI�. BUDGETARY. AND PERSONNEL IMPACTS ANTICIPATED:
None
FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED:
(Mayor's signature not required if under $10,00Q.)
Total Amount of Transgetion: not applicable Activity Numb�r: not applicable
Funding Source: not applicable
ATTACHMENTS: (List and number all attachments.)
ADMINISTRATIVE PROCEDURES ,
_Yes _No Rules, Regulations, Procedures, or Budget Amendment required?
_,Yes _No If yes, are they or timetable attached?
DEPARTMENT REVIEW : CITY ATTORNEY REVIEW
_Yes _No Council resolution required? Resolution required? _Yes _No
_Yes _No Insurance required? Insurance sufficient? _Yes _No
,Yes _No Insurance attached?
S
� �'r-��y
To: Councilmember Bill Wilson
From: German don Alvarado, Affirmative Action Direct
Date; August 15, 1988
Re: Council Agenda Item-Sexual Harassment Policy Amendment
I need your help! On page 5 of the Policy, there is a correction that needs
to be made through an amendment. The last paragraph, lines 5-7, have time
frames that are incorrect. It should read as follows.
Lines 5-6, ". . .within one year (1) from the occurence. . . ."
Line 7 ". . .Minnesota Department of Human Rights within one year
(1) from the occurence. . . ."
Councilmember Wilson, can you champion this amendment on my behalf? Please
let me know if there is a problem. Thank you for your kind assistance in this
matter.
cc. Council President Jim Scheibel✓
Jim Bellius
John McCormick
R
FC D
AUG 1 c� t988
couNC��naarv
JAMES SCHEIBEL
, � ��i3��
III. REPORTING. INVESTIGATION AND TRAINING PROCEDURES
The City of Saint Paul's internal procedures for reporting incidents of
alleged sexual harassment, investigation of sexual harassment complaints
and personnel training for the implementation of this policy will be
established by Executive Order, a copy of which will be available from the
Director for Affirmative Action in the Office of Personnel and Labor
Relations.
Any employee who believes they have been sub,jected to sexual harassment
may use the above-referenced reporting procedures. They may also contact
their bargaining unit's labor representative, the City of Saint Paul
Employee Assistance Program, the City of Saint Paul Peer Counselor
Program, the City of Saint Paul Human Rights Department within one hundred
eighty (180) days from the occurence of the alleged harassment, the
Minnesota Department of Human Rights within three hundred sixty-five (365)
days from the occurence of the alleged harassment, the United States Equal
Employment Opportunity Commission or any other individual or agency in
order to exercise their rights. Telephone numbers for these additonal
resources are available from the Office of Personnel and La.bor Relations
or from Appendix B of the Reporting, Investigation and Training
Procedures.
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. ,�� Qp /G// T
. Members: ��=�/�3��
�,� Janice Rettman.chair
CZTY OF S.A.INT PA.UL
�:;;iii i.`L Biii Wilson
OFFICE OF TSE CITY COIINCIL gob Long
Date: Augus t 4, 1988 .
1ANICE RETTMAN ,
�°�°��°° Committee Repor.t -
To: Saint Pau! City Council �. _
From : Community and Human Services Committee ��
Janice Rettman, Chair
� A meeting of the Co�unity and Human Services Committee was held at 1,:30 p.m. on
Wednesday, August 3, 1988.
--_�^_-�, ---____ ._:_..____�___.._�..__._._.�__, t_�..._.._._�,..._.._,_,.._.,,_,.�.__,�.,_.--a.ti..:.,_....,...,,'!
City Council Agenda 6/16/88, Item No. 4: Seuual Harassment Policp. Executive °
� Order: E-27 - Approving Sexual Harassment Policq and Procedures of Saint Paul.�
�' (ALL COUNCIL Z�.'I�ERS ARE ENCOURAGID TO ATTEND AND SIIBMIT IN WRITING ANY Pq
QUESTIONS BY THE FRIDAY PRIOR TO THE I�ETING.) !
1
� Reco�ended for approval, with amendments, on 4-1 vote. Amendments in text, �,
not the Council Resolution. Further discussion with Administration regarding
procedures and/or inconsistencies--will be discussed at September etiug.
�� __.._._._..�...._...... ---.._..<_..._ . _.____�
--�-____-- b _..�..._.�._�-..----�..... �____ -------- ----- - - -- .
t
� 2;City Council Agenda 6/23/88, Item No. 4: First Reading - 88-10I7 - An ordiaance �`.
'� amending the Legislative Code and providing for the licensing of persons who `�j
I lease property to others for the operation of certain gambling activ�ties. (This '
; was laid over to August 3, 1988 to consider adding two mile limit aad coas�der ��
whether or not author wishes to add "owaed" buildia�s.)
4��%�
Recom�ended for ap�ro_val, oa 5-0 vote, to submit substitute resolution to iaclude
� language for two-mile li.mit.
�' 3. City Council Agenda 6/23/88, Item No. 38: Resolutioa - 88-1040 - Suspen�ing
On-sale Non-intoxicating Liquor License held by Twin City Ford Local 879 for
, the premises known as the Ford Union Hall located at 219I Ford Parkwaq. (This
was held over to August 3, 1988 so persons may be contacted by telephoae to be
present.) .
� Sent to Council with no recoffinendation, on 2-2 vote.
4. City Council Agenda 5/3/88, Item No. 16: Third Reading - 88-5Q0 - Aa ordinance
amending Chapter 409.21(b) of the Legislative Code pertaining to pulltabs and
tipboards in bars by deleting the reference to charitable organizations that
support youth athletic activities. (Community and Human Services Committee
- recommends approval.) (Sent back per request by Ms. Sonnen in regard to national
associations having pulltabs.) Phil Byrne's combination of two ordinances will
be presented. (Laid over from July 6, 1988 Meeting.) (This was laid over to
August 3, 1988, as both Bill Wilson and Kiki Sannen were absent.)
Laid over to August 17, 1988.
CITY HALL ROOM NO. 704 SAINT PAUL. M[NNFSOTA 55102 6t2/Z98-5289
s..�.�.