Any employee who believes that their race, color, sex, religion, creed, national origin, ancestry, age, political affiliation, or disability is or has been a factor in any adverse employment action or is the basis for a hostile work environment or has experienced sexual harassment while on the job should bring the matter to the attention of their supervisor or department head.
If the supervisor or department head is involved in or has allowed the practice to continue, or if the subject of discrimination or harassment simply prefers to do so, he/she should contact the Department of Human Resources.
Employees must be aware that once an allegation is made which indicates a potential or actual violation of any law and/or regulation pertaining to employment discrimination, including sexual harassment, an investigation will be initiated immediately in accordance with the City´s investigative procedures.
An employee shall be free to report all complaints without fear of restraint, interference, coercion, discrimination, or retaliation on the part of other employees or management at any level.
Investigation Procedures
When an employee alleges discrimination or sexual harassment, an investigation will begin immediately by a department head, Human Resources Department or other appropriate individuals.
The Human Resources Department shall investigate complaints as directed by the City Manager, in cases where an allegation has been made against a department head, when in the department head´s opinion, the investigation would be more appropriately performed outside the department, or in connection with a grievance.
Department heads may initiate investigations as appropriate unless they are the subject of the charge. Upon the initiation of an investigation, the following individuals shall be advised: the City Manager, the Director of Human Resources, the City Attorney, and the appropriate department head. An employee may request an investigation by the Human Resources Department in lieu of an investigation by his/her department head or departmental staff; however, in these circumstances, the City Manager shall make the final decision regarding the appropriate person to conduct the investigation.
Every effort shall be made to maintain the confidentiality of the investigation. All investigations shall be conducted in accordance with the following guidelines:
Review the complaint to determine its merit and validity.
Reach agreement with the employee as to the issues(s) to be investigated.
Clarify questions relative to the complaint.
Solicit supporting documentation.
Interview witnesses from both sides. The investigation may encompass, but shall not exceed, the one year period prior to the date of the official complaint or grievance under consideration.
Inform the various parties of the expected response time, to include the complainant and management. If the investigation is being performed in connection with a grievance, document any agreed upon extensions to the time limits.
Prepare a written, signed "Report of Investigation" for the City Manager, his/her designee, the department head and/or the official administering a grievance in accordance with Chapter 3, Section XIII, as appropriate, which includes:
A summary of the allegation(s).
A presentation and analysis of the evidence.
A summary of how and why the evidence suggests that there is or is not discrimination.
Upon completion of the investigation, if circumstances warrant, the appropriate individual will initiate action including, but not limited to, disciplinary action, job transfer, counseling, etc.
Grievances Related to Discrimination and/or Sexual Harassment
Permanent employees, who have completed their probationary period, may use the city´s Grievance Procedure to address allegations of discrimination and/or sexual harassment in accordance with the Personnel Policies Manual, Chapter 3, Section XIII, "Allegations of Discrimination and/or Sexual Harassment."
Responsibility for Policy Administration
The City Manager, the Director of Human Resources, and department heads are responsible for the administration of these policies. Employees or applicants for employment who have questions regarding these policies should contact their department head or the Department of Human Resources.