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07-83Council File # 07- 83 Green Sheet #_3030408_ RESOLUTION CITY OF SAINT PAUL, MINNESOTA ' 1 ,� n . t Presented Referred To Committee Date 1 W HEREAS, the Mayor and the City Council adopted the Workplace Conduct Policy, Council File Z #95-654, affirming the City's firm commitment to a supportive and respectful environment and 3 providing a clear statement of the City's policy in that regard; and 4 WHEREAS, the Mayor has assigned this responsibility to the Human Resources Director; 6 7 8 9 10 11 WHEREAS, the policy was revised, Council File #04-777, to define discrimination, violence, and hazassment; and WHEREAS, the policy was revised to add a definition of offensive behavior; NOW BE IT RESOLVED, that the Mayor and City Council hereby approve and adopt the attached revised policy as the Workplace Conduct Policy for the City of Saint Paul; and BE IT FURTHER RESOLVED, that Council File #04-777 is hereby replaced with the attached Workplace Conduct Policy for the City of Saint Paul. Yeas Nays Absent Benanav � Bostrom � Hazris � Helgen � � ✓ Montgomery J Thune � � � Adopted by Council: Date ��7��� Adoption Certified by Council Secretary By: � i' „5 Approved by M T: ate ��� Q 7 By: � Requested by Department of: Offic Auman Resouices t ' � � n � T ' By: � r. : � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � v7-83 HU — Human Resources Conpct Person 8 Phone: JEROME SAKPEIDER 26Cr6533 Must Be on Council Agen 'I7-MAY-O6 6kII�A_A'f�Il � Assign Number For Routing Order Green Sheet NO: 3030408 0 uman R urces 1 �i n Aes2 ces Deoartment Di ector � 2 'tv tto n v 3 a or's Offce Ma odA sista t 4 ouncil 5 itv ClerK Ciri Clerk I ToWt # o f S ig n a t ur e Page _(Clip All Locations for Signature) Action Requested: � Approval of resolution revising ffie City of Saint Paul Workplace Conduct Policy. Recommendatiorr,: Approve (A) or Reject (R): Planning Commission CIB Committee Civii Service Commission Personal Service Contrects M�st Answer the Following Questions: 1. Has this personlfirm ever worked under a contract for this department? Yes No 2. Has this personlfirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any c�rrent city employee? Yes No Facplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Definnig offensive behaviar of the City of Saint Paul Workplace Conduct Policy. AdvantageslfApproved: Clarifying City of Saint Paul Workplace Conduct Pohcy. �� �, � v _ �c9'13. '����+" , '���a�����E' DisaWantages ff Approved: None Disadvantages If Not AUproved: Inability to define City of Saint Paul Wo:kplace Conduct Policy. Transaction: � Funding Source: CosURevenue Budgeted: ActiviN Number: Financiallnformation: None (Explain) v�-�'� City of Saint Paul Workplace Conduct Policy A Policy Against Discrimination, Violence, Hazassment, and Offensive Behavior in the Workplace It is the policy ofthe City of Saint Paul to maintain a respectful work and public service environment. The City of Saint Paul will maintain a work and public service environment free from discriminarion, violence, harassment, and eE�eF offensive behavior. The City of Saint Paul will not tolerate such behavior by or toward any employee or officer. Any employee or officer of the City of Saint Paul who engages in such behavior is subject to consequences. Discriminatory behavior includes inappropriate remarks about or conduct related to an employee's race, colot, cxeed, religion, narional origin, disability, sex, marital status, age, sexual orientarion, oz status with regard to public assistance. Violent behavior includes the use ofphysical force, harassment, infimidarion, or abuse of power or authority when the impact is used to control by causing pain, fear or hurt. Violent behavior also includes verbal abuse and/or acts, words, comments, or conditions that would lead a person to reasonably believe a violent act could occur. Harassment includes words or conduct that is severe or pervasive, and that a reasonable person would find abusive. Offensive behavior includes words or conduct that a reasonable person would £nd renrehensible, although the conduct is neither severe nor nervasive. Behauior prohibited by this policy also includes requests to engage in illegal, immoral or unethical conduct, or retaliarion for making a complaint under this policy. (AZt behavtoPS prohibtred by this po[icy have notbeen ezpdicitly coveredherein. The defznitions used arefor illustrativepurposes and are not meant to be a11 inclusive.) One specific kind of discriminatory and offensive behavior is sexua] harassment. Sexual harassment, which can consist of a wide range of unwanted and unwelcome sexually-directed behavior, is defined as unwelcome sexual advances, requests for sexuai favors, and other verbal or physical conduct of a sexual nature when: 1. Submitting to the conduct is made either explicitly or implicitly a term or condirion of an individual's employment or of oUtaining public services; 2. Submitting to or rejecring the conduct is used as the basis for an employment decision affecring an individuaPs employment or the delivery of public services; or 3. Such conduct has the purpose or results of unreasonably interfering with an individual's wark performance or creating an inrimidating hostile, or offensive work or public service environment. Behavior prohibited by this policy can include unwelcome sexual remarks or compliments, sexual jokes, sexual innuendo or propositions, sexually-suggestive faciai expressions, kissing, touching, and sexual contact. Any person who feels he or she is being subjected to discriminatory, violent, or offensive behavior of any kind may feel free to object to the behavior and shall report the behavior to their supervisor or to the Human Resources Director. In the case of violent behavior, the incident needs to be reported immediately after the incident. o � �'3 Any supervisor who receives a discriminatory, violent or offensive behavior complaint or who has reason to believe that such behavior is occurring shall report these concerns to their Depariment or Office D'uector or to the Human Resources Director. All complaints of discriminatory, violent, or offensive behavior will be investigated promptly, fairly, and completely. The facts shall determine the response to each complaint. Each situation will be handled as discreetly as possible. Resolution ofcompiaints can include, butnot necessarily be limited to, an apology, transfer, direction to stop the offensive behavior, counseling or training, verbal or written warning, suspension with or without pay, or ternrinarion. In the event that offensive behavior recurs, it should immediately be reported to the appropriate Department or Office Director or to the Human Resources Director. Employees should understand that this applies to each and evezy employee and official of the City of Saint Paul, including the Mayor, City Council members, and members ofboards and commissions. The City of Saint Paul will not tolerate retaliarion or infimidarion directed toward anyone who makes a complaint. The foregoing is a statement ofpodicy mad is nod intended by the City ofSaint Paul to create a condract. The City ofSaint Paul reserves tl:e unilateral right to amend, rescind and otherwise modify dhe faregoing policy. (Revised 4/06) 2