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HomeMy WebLinkAboutFIN 2017-07-05 COMPLETE AGENDA PACKETCity of Tukwila Finance Committee O Verna Seal,, Chair O Kathy Hougardy O Thomas McLeod WEDNESDAY JULY 51 2017 — 5:30 Pm HAZELNUT CONFERENCE Room (At east entrance of City Hall) Distribution: Recommended Action V. Seal Mayor Ekberg K. Hougardy D. Cline T. McLeod C. O'Flaherty D. Robertson L. Humphrey Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA Policy on anti-harassment and City performance evaluation Information only. Pg.1 system. David Cline, City Administrator 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Tuesday, July 18, 2017 SThe City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206-433-1800 (TukwilaCityClerk(aTukwilaWA.qo ) for assistance. of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Stephanie Brown, Human Resources Director CC: Mayor Ekberg DATE: June 28, 2017 SUBJECT: HR Policy on Anti-Harassment and City Performance Evaluation System ISSUE At their Retreat in January of this year, and at a subsequent Committee of the Whole meeting on February 13, 2017, the City Council requested an update to the Finance Committee on several • the City's Personnel Policies, Specifically, the Council expressed interest in reviewing the City's policies regarding Anti-Harass,ment and Performance Evaluations, and requested information regarding best practices for such policies and on how often policies are reviewed and updated. Ke3aelwk - Jim 10111111mr.11 RRI M-109 AM-, miall.; P1QQUUVfeb roll reptrung frilaInli narawrient, X cornpiaint carl 67 Inalue veruaity or in wraing the Human Resources Director, or the City Administrator. A complaint is immediately investigated, Who investigates the complaint is dependent upon the nature of the allegations. The policy provides that upon completion • the investigation corrective action is taken if appropriate, There are circumstances in which an employee reporting under this policy seeks only to discuss the matter informally and does not wish the City to undertake an investigation, in such situations, the City may arrange some informal mechanism for resolving the issue to include meetings with the involved parties which often results in resolution of the issue. Generally, every couple of years a mandato g is conducted for all City Employees, The training covers a review • the City's policy against unlawful harassment and all employees are required to acknowledge and sign off having received the policy and attended the training, In adon, as part of the City's onboardinig orientatio�n, the policy against unlawful harassment is reviewed and signed off on by all new hires to the City J 2esource-, 0P_-t_at4tP_x4_L,; Is IWO IM w W INFORMATIONAL MEMO Page 2 • SO 0 S 0 more often with employees up until the annual review is completed, Implementation of the ne system is scheduled during the 4 1h quarter of this year. Thank you for your inquiry and let us know if we can provide any additional information. There is • further action required and this is, being presented as Information Only. ATTACHMENTS • Policy Against Unlawful Harassment -02,03.11 • Non-Discrimination Policy — 02-05-06 15 W.2017" Info MemiosBNonDiscdniination-Harassment 6-28-17 ftnal,doc 2 PURPOSE: 1. To establish policy prohibiting all forms of unlawful harassment; 2. To define procedure for reporting unlawfW harassment; 3. To establish guidelines for administration of discipline. This policy replaces any prior policy of the City of Tukwila concerning sexual or other unlawful harassment. The City of Tukwila is committed to ensuring that the practices and conduct of all its employees comply with the requirements of federal law and state laws against unlawful harassment. It is the policy of the City of Tukwila that all employees have the right to work in an environment free from harassment based upon their race, religion, creed, color, national origin, age, sex, marital status, sexual orientation, gender identity, veteran's status, political affiliation, the presence of any disability or the use of a trained dog guide or service animal by a person or other legally protected class status. Any such harassment of employees will not be tolerated by the City of Tukwila. For the purpose of this policy, "sexual harassment! 'is unwelcome behavior of a sexual nature that negatively affects terms and conditions of employment. Sexual harassment includes (1) sexual advances and other verbal or physical conduct where submission to the advances or conduct is made a term or condition of employment or is used as the basis for employment decisions and (2) unwelcome verbal or physical conduct of a sexual nature that interferes with an employee's work or creates a hostile, intimidating, or offensive work environment. Some examples of behavior that could constitute or contribute to sexual harassment include but are not limited to: Unwelcome or unwanted flirtations, propositions, or advances. This includes patting, pinching, brushing up against, hugging, cornering, hissing, fondling, putting ones arm around another, or any other similar physical contact considered unacceptable by another individual. Requests or demands for sexual favors. This includes subtle or blatant expectations, pressures, or requests for any type of sexual favor accompanied by an implied or stated promise of preferential treatment or negative consequences concerning an individual's employment. Verbal abuse or kidding that is sexually oriented and considered unacceptable by another individual. This includes comments about an individual's body or appearance when such comments go beyond an isolated innocuous compliment; Personnel Policies and Procedure 02.03.11 off-color jokes or offensive language; or any other tasteless, sexually oriented comments, innuendoes, or offensive actions, including leering, whistling, or gesturing. • Participation in fostering a work environment that is generally intimidating, hostile, or offensive because of unwelcome or unwanted sexually oriented conversation, office d6cor, suggestions, requests, demands, physical contacts, or attention. For the purpose of this policy, "other harassment" (nonsexual) is defined as verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of such individual's protected status or characteristics as stated above that: • Has the purpose or effect of creating an intimidating, hostile, or offensive work environment-, or • Has the purpose or effect of unreasonably interfering with an individual's work performance; or • Otherwise adversely affects an individual's employment opportunities. Some examples of behavior that could constitute or contribute to harassment include but are not limited to: using epithets, slurs, or stereotypes; threatening, intimidating, or engaging in hostile acts that relate to protected status or characteristics such as those referred to above; jokes or pranks that refer to or denigrate a protected status; or placing on walls, bulletin boards, or elsewhere on the work premises or circulating in the workplace written or graphic material that denigrates or shows hostility or aversion toward a person or group because of a protected characteristic. Complaint Process An employee who feels harassed should immediately tell the offending individual how they feel and ask them to stop. If that does not work to stop the harassment, or if the employee is uncomfortable confronting the offending individual, the employee should report the incident promptly. A complaint can be made verbally or in writing to the Human Resources Director. In addition or in the alternative, as the employee may wish, the complaint may be brought to the attention of the City Administrator. The complaint form available from the Department Director or Human Resources Director may be used to file a written complaint hereunder. A harassment complaint will be handled as follows: al 02.03.11 • Every complaint is to be reported promptly to the Human Resources Director or to the City Administrator. Department Directors or supervisors who witnesses harassment or receive a complaint of harassment must report the event immediately to the Human Resources Director or the City Administrator, • The complaint will be immediately investigated, normally by the Human Resources Director, or their designee. However, choice of an investigator, level of formality, and the procedures used in the investigation may vary, depending on the nature of the allegations and full circumstances of the situation, including the context in which the alleged incidents occurred, • Confidentiality will be maintained throughout the investigatory process, to the fullest extent practical and consistent with the law, the City's contractual requirements, and the City's need to undertake a full investigation, • There shall be no retaliation by the City, its officers, elected officials, supervisors, or other employees toward any employee bringing a complaint in good faith or cooperating with the investigation of a harassment complaint. • Where the investigation confirms the allegations, the City will take prompt corrective action and, where appropriate, discipline the offending individuals. Discipline may include verbal and written reprimands, professional counseling, reassignment, or other appropriate action, up to and including termination. The affected individuals will be informed of the outcome of the investigation. • There may be instances in which an employee reporting harassment seeks only to discuss the matter informally and does not wish the City to undertake an investigation or take further steps. In such situations, the City may arrange some informal mechanism for resolving the issues. However, an individual reporting harassment should be aware that the City may decide it must take action to address the harassment beyond informal means. The City's Human Resources Director or designee shall be responsible for disseminating information on the City's Policy Concerning Harassment, for developing training programs and guidelines for preventing sexual or other forms of harassment, and for investigating and resolving allegations of harassment. All officers, supervisors, and managers (generally, "supervisors") are assigned responsibility for implementing this policy, ensuring compliance with and knowledge of its terms, and for taking immediate and appropriate corrective action if they witness inappropriate behavior or receive a complaint, Supervisors must open and maintain channels of communication to permit employees to raise concerns of sexual or other workplace harassment without fear of retaliation, promptly stop any observed harassment, and treat harassment matters with sensitivity, confidentiality, and objectivity, 9 02.03.11 A supervisor's failure to carry out these responsibilities may result in disciplinary action up to and including termination. EFFECTIVE. Immediately DATE: .2-e APPROVAL: Mayor or City Administrator — Auma 4Resources Director Revised: 02-17 dated 04/24/84; 02,03.11 dated 01/17/952; 02,03.11 (B) dated 02/16/93; 0103.11 (A) dated 01/6/95 0103-11 (A) and (Bi) dated 1/16/01 N. PURPOSE: To establish rules for the promotion of fair practice and non- discrimination in activities relating to employment and treatment of all citizens. STATEMENT OF POLICY: The City of Tukwila shall promote and afford equal treatment and service to all citizens and to ensure that all applicants, employees and volunteers receive equal employment opportunity without regard to race, religion, creed, color, national origin, age (over 40), veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of a disability, or the use of a trained guide dog, or other legally protected class status. The City shall operate within the principles of equal employment opportunity and non-discrimination guidelines set forth in Federal, State and Local laws and regulations. All activities relating to employment including recruitment, testing, selection, promotion, training and termination shall be conducted in a non - discriminatory manner. The City of Tukwila will cooperate fully with all organizations and Commissions organized to promote fair practices and equal employment opportunity. Contractors and suppliers conducting business with the City shall affirm and subscribe to policies and laws related to non - discrimination and equal employment. EFFECTIVE: Immediately DATE :� 16 -ZLI APPROVAL: aviayor or City Administrator Hum Resources Directori� Rl I-M-Tin Malta, I IN a 154 111 PURPOSE: To establish a policy to ensure equal employment opportunity with the City and to outline procedures for action in case of violation. It is the policy of the City of Tukwila to recruit, hire, and maintain ,, fiver rorkforce.. Equal employment opportunity is good business, as well as being the haw, and pties to all areas of employment, including recruitment, selection, _hiring, taini.n, nsfer, promotion, termination, compensation, and benefits, mind As an equal opportunity employer, the City of T,,,-4kWila"d6es not discriminate in its employment decisions on the basis of race, religion,,-' , colds rlunal origin, gender, gender identity, sexual orientation, age (over 40), rfifiiital status, military or veteran status, political affiliation, disability, use of a,,1tra ...,,.,guideWor on any other basis that would be in violation of any appligAle fedq, stag, local law. Furthermore, the City of Tukwila will make reasonable ',"'acco"'mmod, ois for �ulified individuals with known disabilities unless doing so would resulf,'In, an urn ,ge "Ardship, safety, and/or health risk. The purposes of the Equal Employ &nt Opp ftunit Program are to: L Ensure fair treatment and 60,b __7,,discrij p ifiation in City hiring, City employment, and in appointments to rV id—e'-dhh- City boards and commissions. ..... .. . 2. Provide co,!npli'anm,.with State and Federal equal opportunity requirements and regulations7- provide ... . . . . . a basis fir encoura-#w'' those who do business with the City of Tukwila g ctice EquatErn loymI Opportunity policies. p P R 0 G R A M NSIBILITY: The Human Resources Director, or their designee, shall act as Equal Opportunity Officer to carry out the Equal Employment Opportunity Policy and Program. The Equal Opportunity Officer shall be the focal point for the City's equal opportunity efforts and shall advise and assist staff and management personnel in all matters regarding implementation of and compliance with the Equal Employment Opportunity Policy, and be responsible for the successful execution of the program, utilizing the assistance of appropriate State and community agencies and maintaining close liaison with the Mayor and Council. The Equal Opportunity Officer will be responsible for examining existing -"P Personnel Policies and Procedures J internal po icies and procedures which may serve as barriers to implementing the Equal Employment Opportunity Program. • 11111,11! 111 1 � i q lrr 1 iriai;i E 'rhe Equal Opportunity Officer shall undertake the following actions to assure equal employment opportunities in the City: 1. Periodically review all position qualifications and job descriptions to insure requirements are relevant to the tasks to be performed. Make recommendations as needed to delete requirements not reasonably related to the,,t , asks performed. 2. Assure that pay and fringe benefits depend upon job responsibilifj,�� and, along . ........ with overtime work, are administered on a iion-discriminatory..,asis. 3. Inforin and provide guidance to staff and management perms er_grmd' - � ,w I io mW6 hiring decisions that all applications for selection, promotioff'�'arf ',tenfii-h"' 'including those of minorities and women, are considered without discrimination and all applicants be given equal opportunity regailea of "— e, reftion, creed, color, national origin, gender, gender identity, seat oTientai (over 40), marital status, military or veteran status, political affifl iftion, disability, use of a trained guide dog, or on any other basis that ,"'Would be ' "i ti lation of any applicable federal, state, or local law. 4. Create a large pool of qualift encourage diversity and ensure equal employment opportut?6y inli*#. "following practices for listing jobs will be followed under the Fk val. Emoij�aent Opportunity Officer's direction: a y Typic 11 , q li figg'are advertised for a minimum of 2 weeks. • Jbi;§ rmist -b6. adverti, d in a Seattle daily paper (including their online clas� eds) and ;"th­ City's website. vale orientati6n for al"�W`employees specifically emphasizing how the City af" Ukwila asses equal" opportunity. Encourage all employees to avail them$dyps of services as addressed in this policy. 6. Posting this policy statement and EEO notice poster in the Human Resources Department where applicants may read and review the policy. 7. This policy shall be made known to all employees, contractors, and suppliers through distribution of the Equal Opportunity Policy. Applications for employment will include an equal opportunity clause. 10 Personnel Policies and Procedures Though employees represent a very important part of City government, there are other areas where non-discrimination is essential. One of these areas, is in the appointment of boards, commissions and ad-hoc committees. Therefore, in order to enhance the appearance of fairness and non-discrimination in the City, the Administration will strive to achieve a balanced representation of racial, social and ethnic persons on City boards, commissions and ad-hoc committees. EMPLOYEE DEVELOPMENT: . . . . .. The following actions shall be undertaken to achieve employee job ,$ , atisfadtiON, and fair treatment: 1. Assure that there shall be no discrimination for reasons` "' =6+ gibn, creed, color, national origin, gender, gender identity, sexuI orientation, age (over 40), marital status, military or veteran status, p I affiliation, disability, use of a trained guide dog, or on any other basis,,,,`,­fhat, would violation of any applicable federal, state, or local law, with regal to training and educational opportunities, upgrading, promotiop*­`7 t anster, demotion, layoffs and termination of employees., A�,ny actions whf ight-adversely affect employees will be brought to the attei 16:6nif the'— * 'E4 0 06 unity Officer. 2. Use of City's Performance HvaluaiibiLS ys�erri to identify employee career goals: ..... .. ... A. Obtain from written statements regarding their skills and interest, ions. R." Pdriodic4ll eview with department supervisors, employee development progress and"re aline gs to assume higher positions, . .. ... ...... C. Identify specific Pds ns for which employees qualify and assure that requests f r interdepartmental transfers and promotions are considered without 4 crimination. . . . ... . . ..... 11", 3. Encourage employees to increase their skills and job potential through training and educational opportunities. The City recognizes its responsibilities to comply with and ensure that equal opportunity and non-discrimination policies of State or Federal agencies with which it conducts business are carried out. Specifically, the City of Tukwila shall: 11 ------- .... . .. ... . . ........ -- Personnel Policies and Procedures responsible for reporting to the appropriate agencies any complaints received from any employee of, or an applicant for employment with, any City of Tukwila contractor or subcontractor, subject to Executive Order No, 11246, as amended, which requires affirmative action programs of certain government contractors and subcontractors. 2. Cooperate in special compliance reviews or in investigations as requested. 3. Carry out minority reporting functions of contractors or subcontractors as required by state or federal laws. 4. Furnish information as required, to meet its commitments and er,,.1,18' utive Order No. 11246, as amended. . ... . . .... 5. Standard City contracts will include a non-discrimination,,,clause, :„mm ..................... The City's Equal Opportunity Program shall be made availahle"to a4 Federal or State agency for its review upon request. ............ GRIEVANCE PROCEDURES: The following steps should be takeifor any g" r' is�ng from the implementation of 1ev4ncq,,,,,-w this program so as to mairiii ,.the es�- possible , employee/supervisor and City/community relationships: ........ . . . . . .... I Employees covered by a labor agreeiiiii6t, containing a grievance procedure shall be encouraged to use it n s o ng ca li 6f from alleged discriminatory practices. Employees may elellii tci. mg-w,,-,grievance through either the procedure outlined herein Qr"the pro g duce in t1ir labor agreement, but not both. . . . .. . .. 2. Employees "hot cov&it#,4)( labor agreement shall bring their grievances to the -attention of their immedhite supervisor or Department Head, who will investigate $,, necessary to determi :the cause of the complaint and work with the , &mol,pyee/s to eff ct an equitable solution. Every effort shall be made to resolve the difficulty a is level. ,th 3. At the option of either party, the services of the Equal Opportunity Of may be requested. The Equal Opportunity Officer shall interview both parties, conduct an additional investigation as necessary, and recommend appropriate corrective action and settlement conditions. 4. In the event mutual agreement cannot be achieved and resolution is required by the City Administration, signed statements detailing the grievance and specific investigative action shall be obtained by the Equal Opportunity Officer from the employee and her/his supervisor. The Officer may draw upon all resources at her/his disposal to arrive at recommended corrective action and settlement 12 4, Personnel Policies and Procedures conditions. The Equal Opportunity Officer shall forward these statements along with her/his own investigation report and recommendations to the Mayor for resolution. 5. The Mayor's decision shall be subject to review only by the State Human Rights Commission or through the judicial system. All reports, decision and other documentation generated by the grievance procedure shall be maintained by the Equal Opportunity Officer in compliance with State records retention laws. 6. Retaliation for bringing a grievance forward, or for 0,'�icipating in an investigation is prohibited under this policy. DEFINITIONS: Equal Employment Opportunity Program. The results-oriented,prag ram �,,,, apt i1b fo J in Section 02.05.05 detailing the steps to be taken to ensure equal e' oyn��rtunity. Egual Employment Opportunity Officer. Human R juices qk9ctor,qf',,,,Ms/her designee, responsible for meeting the obligations and responsi io of Employment Opportunity Program. ....... ... Appointed Representatives. Me of City ppoift, boards, commissions and ad-hoc committees. OTHER: Violations of this policy will^ be cause fir dispiolinary action, up to and including termination. REVISED: 02.05.05 dated 1/17/92 ik, 14