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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. . _ . " - 1 - 08.04.88 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, - 2 - 08.04.88 . � , ��,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. - 3 - 08.04.88 . • . �='�-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. - 4 - 08.04.88 �'�'-�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. - 5 - 08.04.88 . ,�� 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..�.�.