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Ordinance No. 6,628ORDINANCE No. 6628 AN ORDINANCE OF THE CITY COUNCIL OF AMENDING THE CITY OF BAYTOWN PERSONN THE EQUAL OPPORTUNITY /AFFIRMATIVE AMERICANS WITH DISABILITIES ACT HARASSMENT POLICY; PROVIDING A CONTAINING A SAVINGS CLAUSE; AND EFFECTIVE DATE HEREOF. 930513 -5 THE CITY OF BAYTOWN EL RULES RELATING TO ACTION PLAN, THE (ADA), AND SEXUAL REPEALING CLAUSE; PROVIDING FOR THE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City of Baytown Personnel Rules are hereby amended by the repeal of Section 2 of Chapter 1, as presently constituted, and substituting in its place new Sections 2a and 2b which shall read as follows: CHAPTER 2 Section 2a. Equal Opportunity /Affirmative Action The City of Baytown is an Affirmative Action /Equal Opportunity Employer of qualified individuals. The City has made the commitment that all applicants and employees will be treated without regard to race, color, religion, sex, national origin, age, marital status, disability, or veterans' status. The only exceptions are based on bona fide occupational qualifications such as the age requirements regulated by the Civil Service Commission. The City has developed programs to ensure that base employment decisions will be made to further the principle of equal employment opportunity. The base employment actions include, but shall not be limited to the following: recruitment, employment, benefits, upgrading, promotions, demotions, transfers, layoffs, terminations, rate of pay or other forms of compensation, selection for training, and social and recreation programs. To implement the necessary programs, the City Manager has assigned overall program responsibility to the Human Resources Director who has designated an EEO Officer within the Department to monitor all personnel activities occurring within the City. The EEO Officer is responsible for coordinating the development, implementation, and evaluation of the City's Affirmative Action Programs. The EEO Officer monitors selection and promotion activities, makes recommendations as necessary to improve employment opportunities, and provides information and assistance to both supervisory and non - supervisory employees. 930513 -5a If an employee or applicant has an equal opportunity or affirmative action related concern, they are encouraged to confidentially discuss the matter with the EEO Officer for advice, evaluation, and if warranted, investigation. The City takes its commitment to affirmative action very seriously and believes that it is the responsibility of all employees to assist the City in meeting its goals through the development of a qualified, diversified work force. The City will take disciplinary actions against individuals identified as discriminating or harassing any individuals because of race, color, religion, sex, national origin, age, marital status, disability, or veterans' status, and in the same manner actions will be taken against individuals making false accusations due to the seriousness of the subject. If an employee has any questions, it is recommended that they contact the EEO Officer for program clarification. section 2b. Americans with Disabilities Act (ADA) On February 11, 1993, the City of Baytown adopted its Americans with Disabilities Act Self - Evaluation Plan regarding actions taken and to be taken for compliance under the Americans with Disabilities Act. The City of Baytown recognizes that Title I prohibits covered employers from discriminating against a "qualified individual with a disability in any term, condition or privilege of employment." The City of Baytown has made a full commitment that it will not discriminate against any individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. Furthermore, the City will make "reasonable accommodations" as long as it does not cause an "undue hardship (as defined by the regulations)" for the City. In accordance with the Plan, the City has designated the City's EEO Officer to act as the ADA Coordinator under the direction of the Human Resources Director. The Plan reaffirms the City's commitment to ensure that personnel policies and practices do not limit, segregate, or classify job applicants or employees in ways that adversely affect their opportunities or status because of a disability. The Plan includes specific guidance for program implementation, grievance procedures, and the actions the City will take to implement the various programs addressed in the document. The Self- Evaluation Plan is available for review in the Human Resources Department or at the Sterling Municipal Library. E 930513 -5b Section 2: That the City of Baytown Personnel Rules are hereby amended by the repeal of Section 3 of Chapter 1, as presently constituted, and substituting in its place new Section 3 which shall read as follows: CHAPTER 3 Section 3. Sexual Harassment Policy The City of Baytown prohibits sexual harassment of its employees by other employees or outside parties. Sexual harassment negatively affects morale, motivation, and job performance. It is inappropriate, offensive, and illegal and will not be tolerated. Sexual harassment is unwelcome verbal behavior such as comments, suggestions, jokes, or derogatory remarks based on sex; unwanted physical behavior such as pats, squeezes; visual harassment such as posting of sexually suggestive or derogatory pictures, cartoons or drawings, even at onefs work station; unwanted sexual advances, pressure for sexual favors and /or basing employment decisions (such as an employee's performance evaluations, work assignments, or advancement) upon the employee "s acquiescence to sexually harassing behavior in the workplace. Supervisors are responsible for ensuring that their employees are afforded the opportunity to work in an environment that is free from discriminatory insults, ridicule, intimidation or other types of harassment. The condoning of a hostile work place by a supervisor is not conducive to the spirit and intent of the City's commitment to ensuring fair and equal treatment of employees. Any employee who is aware of any instances of sexual harassment should report the alleged act immediately using the processes outlined in Chapter 10, Section 9: Grievance Procedures. If the employee is uncomfortable in discussing the matter with the supervisor or if the supervisor is not available, the employee should report the alleged act immediately to the Human Resources Department. Supervisors and managers who receive a sexual harassment complaint are to contact the Director of Human Resources. The City does not tolerate sexual harassment, nor does it tolerate reprisals against an employee who makes a sexual harassment complaint. All complaints will be investigated promptly, impartially, and discreetly and, c 930513 -5c upon completion of the investigation, the appropriate parties will be notified immediately of the findings. Any supervisor, manager, director, or other employee who violates this policy is subject to disciplinary action, up to and including discharge. Any supervisor who receives a complaint of sexual harassment and fails to report or take corrective action pursuant to this policy also is subject to disciplinary action. All employees are responsible for reporting incidences of sexual harassment. Any employee who refuses to cooperate in the investigation, or who files a complaint of sexual harassment in bad faith will be subject to disciplinary action. We trust that the employees of the City of Baytown will act responsibly to maintain a pleasant working environment, free of discrimination, allowing each employee to perform to his or her maximum potential. The City of Baytown encourages any employee to bring questions he or she may have regarding discrimination of this type to the Human Resources Department for guidance and clarification. Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: If any provisions, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 5: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 13th day of May, 1993. PETE C. AL FARO, Mayor 4 930513 -5d ATTEST.: gzx�' P- /421-2� EILEEN P. PALL, City Clerk d"..2 z�2L ACIO RAMIREZ, W., City Attorney logsll couoci115- 13- 93amendPERSONNEL