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HomeMy WebLinkAbout2018-08-20-J01J Employment Policies UpdateAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: August 20, 2018 AGENDA ITEM:Consideration of approval of a resolution approving updated City of Waukee general employment policies FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: City policies regarding employment practices have been updated to comply with changes in the law and to better represent the City’s position on each of these issues: Equal Employment Opportunity, Anti- Discrimination (Title VI), Non-Harassment, Sexual Harassment, Drug-Free and Alcohol-Free Workplace, and Workplace Violence. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: The City Administrator and the HR Director recommend approval of these policies. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. Updated Employment Policies PREPARED BY:Patricia Brown Holden REVIEWED BY: J1J THE CITY OF WAUKEE, IOWA RESOLUTION 18- APPROVING UPDATED CITY OF WAUKEE GENERAL EMPLOYMENT POLICIES IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, in order to maintain compliance with state and federal employment law,it is necessary for the City of Waukee to update certain general employment policies that address: •Equal Employment Opportunity, •Anti-Discrimination (Title VI), •Non-Harassment, •Sexual Harassment, •Drug-Free and Alcohol-Free Workplace, and •Workplace Violence; AND, WHEREAS, the proposed policy updates have been reviewed for legal compliance by City Legal Counsel. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that it hereby approves the updated City of Waukee general employment policies. Passed by the City Council of the City of Waukee, Iowa, and approved the 20th day of August, 2018. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Courtney Clarke Shelly Hughes Larry R. Lyon Equal Employment Opportunity The City of Waukee is an Equal Opportunity Employer that does not discriminate on the basis of actual or perceived race, color, religion, sex, sexual orientation, gender identity, genetic information, gender, age, national origin, marital status, disability, status as a veteran or any other category protected by any applicable local, State of Iowa or federal laws. Our leadership team is dedicated to this policy with respect to recruitment, hiring, placement, promotion, demotion, transfer, termination, compensation, benefits, job assignment, training, employee programs, employee activities and any other term, condition or privilege of employment. The City will endeavor to make a reasonable accommodation to the known physical or mental limitations of qualified employees with disabilities unless the accommodation would impose an undue hardship on the operation of the City. The City will comply with the Federal Americans with Disabilities Act Amendments Act and the Iowa Civil Rights Act. If you need assistance to perform your job duties because of a physical or mental condition, please speak with the Human Resource Director. The City will endeavor to accommodate the sincere religious beliefs of its employees to the extent such accommodation does not pose an undue hardship on the City's operations. If you wish to request such an accommodation, please speak with the Human Resource Director. Any employees with questions or concerns about equal employment opportunities in the workplace are encouraged to bring these issues to the attention of the Human Resource Director. The City will not allow any form of retaliation against individuals who raise issues of equal employment opportunity. If an employee feels he or she has been subjected to any such retaliation, he or she should bring it to the attention of the Human Resource Director. To ensure our workplace is free of artificial barriers, violation of this policy including any improper retaliatory conduct will lead to discipline, up to and including discharge. All employees must cooperate with all investigations. Council Approved: __________ Date Anti-Discrimination (Title VI) As an employee of the City of Waukee, you will have contact with members of our community and those communities surrounding Waukee. There is no tolerance for discriminatory behavior against anyone with whom you come in contact. Our Mayor has signed an Anti-Discrimination Policy Statement which can be found posted in each City building. It states that Waukee “assures every effort will be made to ensure nondiscrimination in all of its committees, programs, and activities…” The signed Policy has been posted for the Public to view at any time. To view a copy of the entire policy, please visit the Human Resource Department. Council Approved: __________ Date Non-Harassment It is the City of Waukee's policy to prohibit intentional and unintentional harassment of any individual by another person on the basis of any protected classification including, but not limited to, race, color, religion, sex, sexual orientation, gender identity, genetic information, gender, age, national origin, marital status, disability, status as a veteran and any other category protected by any applicable local, State of Iowa or federal law. The purpose of this policy is to ensure that in the workplace, no one harasses another individual. If the employee feels that he or she has been subjected to conduct which violates this policy, the employee should immediately report the matter to any member of management within or outside of the employee’s department. If the employee has not received a satisfactory response within five (5) business days after reporting any incident of perceived harassment, the employee should contact the Human Resource Director. Every report of perceived harassment will be investigated, and corrective action will be taken where appropriate. All complaints will be kept confidential to the extent possible, but confidentiality cannot be guaranteed. In addition, the City will not allow any form of retaliation against individuals who report unwelcome conduct to management or who cooperate in the investigations of such reports in accordance with this policy. If an employee feels that he or she has been subjected to any such retaliation, the employee should report it in the same manner in which a claim of perceived harassment would be reported under this policy. Violation of this policy, including not cooperating with an investigation, or any retaliatory conduct will result in disciplinary action, up to and including discharge. Council Approved: __________ Date Sexual Harassment Sexual harassment is harassment as discussed in section 1-3; however, it deserves some additional attention. It is the City of Waukee's policy to prohibit harassment of any employee by any Supervisor, employee, customer or vendor on the basis of sex or gender. The purpose of this policy is to ensure that at the City all employees are free from sexual harassment. Examples of prohibited behavior include, but are not limited to,unwelcome sexual advances; requests for sexual favors; obscene gestures; displaying sexually graphic magazines, calendars or posters; sending sexually explicit e- mails or text messages; and other verbal or physical conduct of a sexual nature, such as uninvited touching of a sexual nature or sexually related comments. Depending upon the circumstances, improper conduct also can include sexual joking, vulgar or offensive conversation or jokes, commenting about an employee's physical appearance, conversation about your own or someone else's sex life, or teasing or other conduct directed toward a person because of his or her gender which is sufficiently severe or pervasive to create an unprofessional and hostile working environment. If the employee feels that he or she has been subjected to conduct which violates this policy, it should be reported immediately to any member of management within or outside of the employee’s department with whom the employee feels comfortable. If the employee has not received a satisfactory response within five (5) business days after reporting any incident of perceived harassment, the employee should contact the Human Resource Director. Every report of perceived harassment will be investigated, and corrective action will be taken where appropriate. All complaints will be kept confidential to the extent possible, but confidentiality cannot be guaranteed. In addition, the City will not allow any form of retaliation against individuals who report unwelcome conduct to management or who cooperate in the investigations of such reports in accordance with this policy. If an employee feels that he or she has been subjected to any such retaliation, the employee should report it in the same manner in which a claim of perceived harassment would be reported under this policy. Violation of this policy, including not cooperating with an investigation, or any retaliatory conduct will result in disciplinary action, up to and including discharge. Council Approved: __________ Date Drug-Free and Alcohol-Free Workplace To help ensure a safe, healthy and productive work environment for our employees and others, to protect City property, and to ensure efficient operations, the City has adopted a policy of maintaining a workplace free of drugs and alcohol. This policy applies to all employees and other individuals who perform work for the City. The unlawful or unauthorized use, abuse, solicitation, theft, possession, transfer, purchase, sale or distribution of controlled substances, drug paraphernalia or alcohol by an individual anywhere on City premises, while on City business whether or not on City premises, or while representing the City, is strictly prohibited. Employees and other individuals who work for the City also are prohibited from reporting to work or working while they are using or under the influence of alcohol or any controlled substances, which may impact an employee's ability to perform his or her job or otherwise pose safety concerns. Violation of this policy will result in disciplinary action, up to and including discharge. The City encourages employees to seek assistance before their substance abuse or alcohol misuse renders them unable to perform the essential functions of their jobs or jeopardizes the health and safety of any City employee, including themselves. Council Approved: __________ Date Workplace Violence The City of Waukee is strongly committed to providing a safe workplace. The purpose of this policy is to minimize the risk of personal injury to employees and damage to City and personal property. The City specifically discourages employees from engaging in any physical confrontation with a violent or potentially violent individual. However, employees are expected and encouraged to exercise reasonable judgment in identifying potentially dangerous situations. Prior to engaging in acts of violence, troubled individuals often exhibit one or more of the following behaviors or signs: over-resentment, anger and hostility; extreme agitation; making ominous threats such as bad things will happen to a particular person, or a catastrophic event will occur; sudden and significant decline in work performance; irresponsible, irrational, intimidating, aggressive or otherwise inappropriate behavior; reacting to questions with an antagonistic or overtly negative attitude; discussing weapons and their use, and/or brandishing weapons in the workplace; overreacting or reacting harshly to changes in City policies and procedures; personality conflicts with co-workers; obsession or preoccupation with a co-worker or Supervisor; attempts to sabotage the work or equipment of a co-worker; blaming others for mistakes and circumstances; or demonstrating a propensity to behave and react irrationally. Prohibited Conduct Threats, threatening language or any other acts of aggression or violence made toward or by any City employee WILL NOT BE TOLERATED. For purposes of this policy, a threat includes any verbal or physical harassment or abuse, any attempt at intimidating or instilling fear in others, menacing gestures, flashing of weapons, stalking, or any other hostile, aggressive, injurious or destructive action undertaken for the purpose of domination or intimidation. Procedures for Reporting a Threat All potentially dangerous situations, including threats by co-workers, should be reported immediately to any member of management within or outside of the employee’s department with whom the employee feels comfortable. Reports of threats may be maintained as confidential to the extent maintaining confidentiality does not impede the City’s ability to investigate and respond to the complaints. All threats will be investigated. All employees must cooperate with all investigations. No employee will be subjected to retaliation, intimidation or disciplinary action as a result of reporting a threat in good faith, under this policy. If the City determines, after an investigation, that someone has violated this policy, the City will take swift and appropriate corrective action. If an employee is the recipient of a threat made by an outside party, that employee should follow the steps detailed in this section. It is important for the City to be aware of any potential danger in the organization. The City wants to take effective measures to protect everyone from the threat of a violent act by an employee or by anyone else. Council Approved: __________ Date