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95-654Council File # � � � s / Presented By Re£erred To 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Committee: Date WI-�',REAS, each City employee is part of an active and progressive City government that is committed to providing responsive and efficient service to Saint Paul citizens. The City provides a variery of quality services through the dedication and hard work of each City employee; and WHEREAS, the Mayor and Council believe that a supportive and respectfui work environment is important. It is essential that every citizen and fellow employee be treated with dignity and consideration. Creating and sustaining such an environment produces successful, productive employees who in turn treat citizens with respect and provide better customer services; and VVFIEREAS, based on these beliefs, the Mayor and Council values: * a supportive and respectful work environment for CYty employees, * a diverse and representative work farce that mirrors the citizens we serve, * a workplace where employees and citizens are treated fairly, equitably, and non-judgmentally, * appreciation, acknowledgment, and acceptance of individual differences, and * employees and supervisors/managers who take responsibility for modeling appropriate behavior and assuring respectful behauior of others. WHEREAS, the Mayor and Council have adopted a sexual harassment policy, Council File 88-1345 adopted August 16, 1988, replacing Council File 176867 adopted May 19, 1981, and a racial harassment policy, Council File 90-1727, adopted September 27, 1990, to demonstrate the City's firm commitment and to provide a clear statement of tbe City's policies in this regard; and WHERBAS, violence and offensive conduct, like harassment, is contrary to a respectful work environment; and WHEREAS, the following Workplace Conduct Policy restates, and updates the City's fuxn commitment and provides a clear statement of the Cit}�s policy in this regard; Green Sheet # �� RESOLUTtON OF SAINT PAIi,�, MINNESOTA /�o � 2 3 4 5 6 7 8 NOW 'TI3EREFORE BE IT 9� � S� RESOLVED, that the Mayor and Council hereby approve and adopt the attached policy as the Workplace Conduct Policy for the City of St. Paul; and FURTI�R RESOLUED, that Council File 88-1345, Council File 90-1727, and the related Appendices to the St. Paul Administrative Code, aze hereby deleted in their entirety, and the attached policy inserted in their place. Requested by Department of: By: Form Appr ed by City Attorney BY x ���ij��r � By: Approved by By: - `��—��^=--= 11�€�oved y Mayar for Submission to � _ / /� �-°"'�' council Date 1/ �5-�(�. L-�✓ By: Adopted by Council: Date ° � � Adoption Certified by Council Secretary � � �s-��� Based on these beliefs, the City promotes these core values: WE VALI7E: * a supportive and respectful work envu�onment for everyone in the City, * a diverse and representative work force that muxors the citizens we serve, * a workplace where employees and citizens are treated fairly, equitably, and non-judgmentally, * appreciate, aclmowledge, and accept individual differences, and * employees and supervisors jmanagers who take responsibility for modeling appropriate behavior and assuring respectful behavior of others. The Workplace Conduct Policy is the result of over a years discussion and review by the Office of Human Resources, the Mayor's office, the A£firmative Action Directoz, the Human Rights Directox and the City Attorney's Office. It has also been reviewed and approved by the Department and Office Directors, The practical goals of the new policy are: - Making the policy and procedure more brief and more clear�, - Requiring more prompt responses; - Creating more accountability and record keeping; - Avoiding possible defamation; - Dealing with behavior that may not be illegal, but is offensive and does not belong in the work place. - Addressing the issue of violence in the work place. The Office of Human Resources has also drafted a new set of procedures, with discussion and advice from the same groups as noted above. The procedures, dealing with the executive responsibilities for applying the policy, will be promulgated by executive order of the Mayor. �s-�s�f CITY OF SAINT PAUL WaRKi'LACE CONDUCT POLICY A Policy Against Discrimination, Violence and Offensive Behavior in the Workplace It is the policy of the City of Saint Paul to maintain a respectfui work and public service environment. The City of Saint Paul will maintain a work and public service environment free from discrimination, from violence, and from other offensive or degrading remarks or conduct. The City of Saint Paui will not tolerate such behavior by or towards 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, color, creecl, religion, national origin, disability, sex, marital stazus, age, sexual orientation, or status with regatd to public assistance. Violent behavior includes the use of physicai force, harassment or intimidation, or abuse of power or authority when the impact is to conuol by causing pain, fear or hurt. Behavior prohibited by this policy also includes requests to engage in illegal, immoral or unethical conduct or retaliarion for making a complaint under this policy. One specific kind of discriminatory and offensive behavior is sexual harassment. Sexuai harassment, which can consist of a wide range of unwanted and unwelcome sexually directed behavior, is defined as: Unwelcome sexual advances, requests for sexual 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 condition of an individual's employment or of obtaining public services; (2) Submitting to or rejecting the conduct is used as the basis for an employment decision affecting an individual's employment or public services; or, (3) Such conduct has the purpose or result of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive work or pubiic service environment. Behavior prohibited by this policy can include unwelcome sexual remarks or compliments, sexual jokes, sexual innuendo or propositions, sexually-suggestive £acial expressions, kissing, touching and sexual contact. Any person who feels he or she is being subjected to discriminatory, violent or offensive behauior of any Idnd may feel free to object to the behavior and shall report the behavior to their Page 1 qs.� s�/ supervisor or to the Affirmative Acfion Director. In the case of violent behavior the incident needs to be reported immediately after the incident. 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 department or office director or to the Affinnative Action Directar. All complaints of discriminatory, violent or offensive behavior will be invesrigated promptly, fairly and completely. The facts shall determine the response to each wmplaint. Each situaflon will be handled as discreefly as possible. Resolution of complaints can include, but not necessarily be limited to, an apology, transfer, direction to stop the offensive behavior, counselling or training, verbal or written warniiig, suspension with or without pay or termination. In the event that offensive behavior reoccurs, it should immediately be reported to their department or office d'uector or to the Affirmauve Action D"uector. Employees shouid understand that this policy applies to each and every employee and officiai of the City of Saint Paul, including the Mayor, City Council, and members of boards and commissions. The City of Saint Paul will not tolerate retalia5on or intimidation directed towazds anyone who makes a complaint. The foregoing is a statement of policy and is not intended by the City of Saint Paul to create a contract. The City of Saint Paul reserves the u�zilateral right to amend, rescind, and otherwise modify the foregoing policy. Page 2 �S � sy OFFICE OF THE CITY ATTOR Y CITY OF SAINT PAUL Norm Coleiirm5 Mayor Mayor Norm Coleman 390 City Hall St. Paul, Minnesota 55102 Re: Workplace Conduct Policy, and related Procedures Dear Mayor Coleman: 4�AY � � ;������� ���'� � 612 266-8'/10 6Z2 298-5532 v ` ���\ �,'�- � C � Enclosed with this letter please find a draft Resolution adopting the Workplace Conduct Policy, with attached policy and with the related green sheet, and also please find a draft Execufive Order adopting the PROCEAURF,S FOR RESPOI�DING TO COMPLAINTS OF BEHAVIOR IN VIOLATION OF TIIE WORKPLACE CONDUCT POLICY with attached procedures. I have drafted the Resolution, green sheet, and Executive Order at the direction of the Office of Auman Resources to accomplish the adoption of the policy and procedures. You may recall from the Department and Office Directors meeting, that many felt that a values statement would be helpful in accomplishing the goals of the policy. The Office of Human Resources drafted such a statement, and I inciuded it in the recitals of the Resolution and the Execurive Order. The statement, however, is not part of the policy and procedures themselves. It is my understanding that the Department and Office Directors recommend that this yalues statement be included in your memorandum to City employees infornung them of the new policy and procedures. If I can be of further assistance, please let me lmow. Very� yours, � � - Geral T. Hendrickson AssisYant City Attorney Bncls. cc: Mark Shields Timothy Manc 7ohn Hamilton LeeAnn Turchin May 23, 1995 ; Timothy E. Marx, City A#orrsey Litigation Seclion 550 City Hall IS West Keldogg Blvd Sasnt Paul, M'mnesota SSZ02 Pamela Kelly Josephier Brown �'�� s� I.In 7UG A 11 DEPARTMENTfOFFCFJCOUNCIL DATE MfifATED l V_ L V V 1�/ City Attorney 5j24/95 GREEN SHEE �N1ilAUDATE CONTACT PERSON & PHONE � DEPAPTMENT DIRE � CITY GOUNCIL �erald Hendrickson, 266-8772 ASS�GN �CffYATfOFNEY CRYCLERK MUST BE ON CAUNCIL AGENDA BY (DATE) q��� � BUDGET DIRECTOR � FlN. & MGT. SERVICES DIR. ORDER � MqyOR (OR ASSISTAN'n � TOTAI # OP SIGNATURE PAGES (CLIP ALL LOCATIONS POR SIGNATURE) ACT10N REQUESTED: . Approval of resolution adopting the Workplace Conduct Policy fiECOMMENDATIQNS: Apprwe (A] ar Re�ect (R) ` pERSONAL SERVICE CON'fHACTS MUST ANSWER THE FOLLOWING �UESTIONS: _ PLANNING COMMISSION _ CIVIL SEHVICE CqMMI5S10N 1. Has this persoNfirm ever worked untler a contract for this dapartmen[? _ GB COMMITTEE � YES NO _ STAFF 2� Ha5 th{5 �son(firm BVBi bEBit a CitY em�l0yee? — YES NO _ DiSTRICT COURT _ 3. DoBS t4is personttirm possess a skdl not normall y possessetl by any curreM ciry employee? SUPP�RTS WHICH COUNGIIOeJECTIVE? YES NO Explain all yes answers on separate sheet and attach to green sheet INITIATING PROB�EM, ISSU PPO TY (Who When, Wh Whyp �ie ��ce of`�uman �esources, with the advice of the City Attorney's Office, has responded to the 1993 Sexual Harassment Task Force Repozt, that recommended a revision and updating of the CYty of Saint Paul Seacual Harassment Policy and Procedures. As part of Yhe update and revision, the Office of Human Resources also reviewed the Racial Harassment Policy, and considered concerns regarding violence in the work place. The resulting product is a Workplace Conduct Policy that addresses these issues. ADVANTAGES IFAPPqOVED. , The proposed Workplace Conduct Policy is founded upon the following beliefs and values: Each City employee is part of an active and progressive City government that is committed to providing responsive and efficient service to Saint Paul citizens. DISADVANTAGES IF APPROV . work of each City employee. We believe that a supportive and respectful work environment is important. It is essential that every citizen and fellow employee be treated with dignity and consideration. C`reating and sustaining such an environment produces successful, productive employees who in turn treat citizens with respect and provide better customer services. DISA�VRNTAGES fF NOT APPROVED� TO7AL AMOUNT OFTRANSACTION $ COST/REVENUE BUpGE7ED (CIRCLE ONE) YES NO FUNDIfdG SOURCE AC71VIiV NUMBER FINANCIAI INF�RMATION' {EXPIAIN)