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)