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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/05/2019 - RESOLUTION 2019-015, APPROVING A RESPECTFUL WORKPLAgenda Item 22 Item # 22 Page 1 AGENDA ITEM SUMMARY February 5, 2019 City Council STAFF Janet Miller, Assistant Human Resources Director Jenny Lopez Filkins, Legal SUBJECT Resolution 2019-015, Approving a Respectful Workplace Policy for the Council and Council Appointees. EXECUTIVE SUMMARY The purpose of this item is to adopt the Fort Collins City Council Respectful Workplace Policy (the “Policy”), which was developed by the Anti-Harassment Ad Hoc Committee. The proposed Policy addresses respectful conduct by City Councilmembers, and by those appointed by Council (including direct report employees and board and commission members) while acting in that role in relation to members of the public and City staff. The Policy addresses the Council’s position related to harassment, discrimination and retaliation, the process to be followed when a complaint is made and identifies several alternatives for a complaining party to report an alleged violation of the Policy. It identifies possible outcomes or options available in the event harassment is substantiated. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Anti-Harassment Ad-Hoc Committee members were Mayor Wade Troxell and Councilmembers Bob Overbeck and Kristin Stephens. Eight meetings (Attachments 1, 2 and 3) were held to review several policy templates of other governmental bodies and to develop a written policy that set aspirational goals and expectations regarding treating others with respect (Attachment 4). The policy will be communicated to the City Councilmembers, their direct report employees and board and commission members, and will reside on the City’s website so that all those protected by it are aware of this Policy. It will also be incorporated into onboarding activities to insure all those subject to the Policy are informed. In May 2019, a training session will be held for the City Councilmembers and their direct employees and two training sessions will be for all Boards and Commission members. The expectation is there will be 100% participation (Attachment 5). The schedule for future training sessions will be determined. CITY FINANCIAL IMPACTS Up to three training sessions will be conducted by an external facilitator in 2019 to insure all included understand this new policy. Total cost should be less than $5,000. PUBLIC OUTREACH Agenda Item 22 Item # 22 Page 2 All committee meetings were open to the public. ATTACHMENTS 1. Teresa Roche Memo to Council December 13, 2018 (PDF) 2. Ad Hoc Anti-Harassment Policy Committee Meeting Minutes December 15, 2018 (PDF) 3. Ad Hoc Anti-Harassment Policy Committee Meeting Minutes January 22, 2019 (PDF) 4. Proposed Respectful Workplace Policy (PDF) 5. Memo to Boards and Commissions and Liaisons (PDF) 6. PowerPoint Presentation (PDF) ATTACHMENT 1 Ad Hoc Anti-Harassment Policy Committee Meeting Minutes December 5, 2018 12:00 p.m. Members in Attendance: Councilmember Kristin Stephens; Councilmember Bob Overbeck; Mayor Wade Troxell; Teresa Roche, Chief Human Resource Officer; Carrie Daggett, City Attorney; Jenny Lopez Filkins, Senior Assistant City Attorney; and Jeanne Sanford, Paralegal. Public in Attendance: Shana Ryken from Women’s Commission A meeting of the Ad Hoc Anti-Harassment Policy Committee (“Committee”) was held on Wednesday, December 5, 2018, in the CIC Room at City Hall. The meeting began at 12:06 p.m. The Committee reviewed the Agenda which contained the following items: 1. Approval of Minutes from October 31, 2018 Meeting (Attached) 2. Agenda Review 3. Review and consider adoption of the Respectful Workplace Policy for Council Members and Appointed Officials. 4. Discuss training goals and frequency. 5. Discuss communications plan to be implemented with the Respectful Workplace Policy. 6. Other Business 7. Review of Upcoming Committee Schedule The minutes of the October 31, 2018 meeting were approved. City Attorney Carrie Daggett ran through the agenda. Ms. Daggett explained that due to additional edits on the draft Policy coming through after the packet went out to Council, a version of the Policy would be put up on the screen for review with those changes being redlined and highlighted in yellow. The Committee agreed to discuss the training goals, frequency thereof and the communication plan in this meeting. Teresa Roche stated she set the tone of the Policy as an aspiration not a legal mandate, so reordering the first paragraph to reflect our aspirations leads the policy. She went through her edits. No questions or discussion from the Committee. Senior City Attorney Jenny Lopez Filkins stated she would run through the draft Policy noting that the version of the Policy in the packets shows the changes the Committee suggested as well as individuals changes, such as suggestions from Teresa Roche and attorneys in the City Attorney’s ATTACHMENT 2 Office. Ms. Lopez Filkins noted those changes were highlighted in yellow. The Committee members expressed no concerns or suggested changes regarding the Application section. Mayor Troxell stated he very much liked the aspirational aspect and perhaps the Committee could weave some language about the Baldridge award and that striving for institutional continued improvement helps to create a respectful workplace environment. The elements of respect, diversity and inclusivity should be included in the Policy. Ms. Daggett stated some language would be crafted for insertion in the beginning aspirational paragraph toward this effect. Ms. Lopez Filkins went back to discussing the Policy changes, which included: • The phrase, “covered persons in Related Interactions was added to the Sexual Harassment and Retaliation sections. • In the definition of “Retaliation”, the word, “discrimination” was added. • Under “Conduct”, “discrimination” added there as well. • Under Examples, “Retaliatory” seems like a better word fit. • Minor proofreading edits were added. • “Member of public” in definitions deleted as it was repeated twice. • Under Confidentiality section, the word “must” was changed to “strongly encouraged” to suggest consistency in reporting. The Committee members expressed no concerns or suggested changes to the list above. There was some discussion about the ramifications of failure to report an incident by an employee. Ms. Lopez Filkins continued her review of the draft Policy, which included: • Under Screening Process, City Manager or his/her designee was added as they will be involved in the process • Under Timeline for Investigation, 60 days “after screening process is complete” was added since it may take a little time on the front end. The Committee members expressed no concerns or suggested changes to these topics. Councilmember Stephens asked if the respondent would be part of the executive session if the respondent is a City Councilmember. City Attorney Daggett stated the respondent would have a conflict of interest in the Council’s discussions and would not be included, although in certain circumstances there may be an option to include the subject of the discussion. In the review of the draft policy, under Complaints about Appointed Officials, Ms. Lopez Filkins went on to summarize: • The same changes were made to the Complaints about Councilmembers sections as discussed above. Councilmember Overbeck left the meeting at 12:40. The next topic on the agenda was to discuss training and the frequency thereof. The Policy sets training at every two years. Jenny Lopez Filkins stated the EEOC has stated it is best practice for training to occur annually. The Committee discussed the training frequency. Teresa Roche discussed various training options including using an online tool but said at least one face to face training is critical. Mayor Troxell stated that group dynamics are good especially if it is part of the on-boarding training. City Attorney Carrie Daggett stated a good way to accomplish this would be at the regular Council retreat and the Committee agreed with this. Jenny Lopez Filkins noted boards and commissions training area done through the City Attorney’s Office and are developing ways to make that training more systematic. The Committee stated they were ready to recommend that the Policy be adopted. By unanimous consent, the Policy (with all suggested changes) was approved to recommend adoption by the City Council. The Committee discussed a goal to get the Policy on the Council agenda for January 15, 2019. City Attorney Daggett said it may be helpful to provide a Committee report to Council along with the minutes and the Policy itself. The Committee was in favor of this approach. Regarding the communications plan, Ms. Daggett explained there will be a need to identify effective ways to post information for the people affected. Information on what to do and where to go to report an issue would be addressed in this communications plan. Ms. Daggett explained in the process of bringing this Policy to Council, implementation plans can be described in the agenda materials. The Committee discussed no other business. Meeting adjourned at 1:04 p.m. Ad Hoc Anti-Harassment Policy Committee Meeting Minutes January 22, 2019 4:45 p.m. Members in Attendance: Councilmember Kristin Stephens; Mayor Wade Troxell; Teresa Roche, Chief Human Resource Officer; Darin Atteberry, City Manager; Carrie Daggett, City Attorney; Jenny Lopez Filkins, Senior Assistant City Attorney; Janet Miller, Director, Human Resources; and Jeanne Sanford, Paralegal. Public in Attendance: None. A meeting of the Ad Hoc Anti-Harassment Policy Committee (“Committee”) was held on Tuesday, January 22, 2019, in the Commons Conference Room at City Hall. The meeting began at 4:45 p.m. The Committee reviewed the Agenda which contained the following items: 1. Approval of Minutes from December 5, 2018 Meeting 2. Agenda Review 3. Review and consideration of amendments to the Respectful Workplace Policy for Councilmembers and Appointed Officials, including board and commission members. The amendments include broadening the definition of “discrimination” and adding language about City Council values consistent with the intent of the Ad Hoc Committee. 4. Other Business. The minutes of the December 5, 2018 meeting were approved by unanimous consent. Mayor Troxell noted Council received compliments on the title of the Policy. City Attorney Carrie Daggett discussed the substantive change of the Policy which is the modification to the definition of discrimination found on the top of page 3. The remainder of the changes reflects the tone of aspiration throughout the Policy. Ms. Daggett explained the earlier version was a narrow definition and did not protect as wide a universe the Committee was intending to cover. Teresa Roche noted Tammy Tanoue’s feedback prompted City staff to suggest most recent changes made to the Policy. Mention was made that Ms. Tanoue is the executive director of CIRSA and has provided training on these topics at the Colorado Municipal League annual conference. Councilmember Stephens stated she likes the broadening of the definition of discrimination. ATTACHMENT 3 City Attorney Daggett stated if the Committee is comfortable with the changes, it can agree to update the Policy version which will be brought to Council on February 5, 2019. Mayor Troxell stated by unanimous consent, the Policy, as updated, is to go forward to Council on February 5, 2019. The Committee discussed future trainings on this topic. The meeting participants talked generally about options for training facilitators and settings, which group would be trained first (the appointees or the Council), the length of the training. City Manager Atteberry suggested it may be a courtesy to give a heads-up to the various boards and commissions that this Policy, because it was such an important topic, was brought forward by a sub-committee Council created. City Attorney Daggett stated all would work together to get something out to the Boards and Commissions in advance of the February 5, 2019 meeting. Meeting adjourned at 5:15 p.m. Page 1 of 16 FORT COLLINS COUNCIL RESPECTFUL WORKPLACE POLICY Introduction Fort Collins aspires to be a city that addresses the needs of all members of our community and strives to ensure that everyone has the opportunity to thrive. As a community, we commit to building a healthy, equitable, and resilient city – for our families, for our neighbors, and for future generations. The high quality of life we enjoy requires a city that is safe and where all individuals are treated with dignity and respect. The Mayor and City Council are committed to providing an environment that exemplifies the highest standards of ethical behavior, treats others with dignity and respect and is known for its honesty, inclusivity and transparency. Our elected officials and those they appoint believe that how they treat others, and how they allow their peers to treat others, is a direct reflection of our collective character. The Fort Collins City Council is committed to providing and maintaining a work environment that encourages mutual respect and promotes equality, dignity, and respect. This Policy embodies the City Council’s commitment to prevent and address discrimination; harassment, including sexual harassment; and retaliation. Discrimination, harassment, and retaliation in the workplace are against the law and will not be tolerated. Through adoption, implementation, and enforcement of this Respectful Workplace Policy (“Policy”) and through continuing education and training provided by or through the Human Resources Department (“HR”), the Fort Collins City Council will seek to prevent, address, and correct behavior that violates this Policy. ATTACHMENT 4 Page 2 of 16 Application This policy applies to all members of the City of Fort Collins City Council and Appointed Officials (defined herein as the City Manager, the City Attorney, the Chief Municipal Judge, any appointed employee including municipal judges and any City board or commission member) in the performance of City governance or operations, at City-sponsored activities, and in all interactions between members of City Council, Appointed Officials, and City employees and contractors (defined herein as “Related Interactions”). Nothing in this Policy is intended or should be read to alter the terms and conditions of the at-will status of Appointed Officials. The focus of the remainder of this policy is on describing conduct that is prohibited and processes for handling complaints made. It’s important for all to keep in mind that the Mayor and City Council are committed to providing an environment that exemplifies the highest standards of ethical behavior, treats others with dignity and respect and is known for its honesty, inclusivity and transparency. Conduct that does not clearly fall into the realm of prohibited conduct but is inconsistent with these values may be cause for corrective action. Prohibited Conduct I. Discrimination Strictly Prohibited Policy The City Council strictly prohibits discrimination based on protected characteristics and will take prompt and appropriate action in response to good- faith complaints or knowledge of an alleged violation of this Policy. Definitions • “Protected characteristics” means a person’s race, color, religion, creed, national origin or ancestry, sex, sexual orientation, transgender status, gender identity and expression, disability, genetic information, military status, age, marital status, political affiliation, pregnancy or related condition, or any other status protected under federal, state, or local law. Page 3 of 16 • “Discrimination” occurs when a person covered by this policy experiences an adverse official action based on one or more of that person’s protected characteristic(s). Adverse official actions include, but are not limited to, termination, suspension, involuntary demotion, failure to promote, and opposition, rejection or failure to appoint to committee or leadership role. Adverse official actions that are taken for any reason other than the protected characteristic(s) of a person covered by this policy are not discrimination. Examples of Discrimination • An employee is terminated from his job because he is Muslim, Catholic or Jewish. • A female candidate is selected for promotion over a more qualified male candidate because she is a woman. • An employee is involuntarily demoted because he is homosexual. II. Harassment, Including Sexual Harassment, Strictly Prohibited Policy The City Council strictly prohibits harassment, including sexual harassment, and will take prompt and appropriate action in response to good-faith complaints or knowledge of an alleged violation of this Policy. Please note that this Policy does not address conduct that could constitute a violation of criminal law. Any person who believes a violation of criminal law has occurred should report the conduct to Fort Collins Police Services or other appropriate law enforcement agency. Definitions • “Harassment” means verbal or physical conduct that demeans, stereotypes, or shows hostility or aversion toward an individual or group because of the individual’s or group’s protected class. Harassment is conduct directed toward a member of a protected class where it creates a hostile work environment. A hostile work environment exists when: . The conduct was based on a protected status; Page 4 of 16 . The conduct was unwelcomed by the employee (which is a subjective standard); . The conduct was offensive to a reasonable person (which is an objective standard); and . The conduct was severe or pervasive. • “Sexual harassment” is a form of harassment, and can involve males or females or persons of any gender orientation being harassed by members of either sex or gender orientation. Sexual harassment can fall into the following two categories: o “Quid Pro Quo” or “this for that” means direct or implied requests for sexual favors in exchange for actual or promised job benefits, such as favorable reviews, salary increases, promotions, increased benefits, or support of legislation or other legislative processes. Quid pro quo harassment can also mean direct or implied requests for sexual favors with the threat of an adverse action for non- compliance. Quid pro quo occurs when: . Submission to or rejection of such advances, requests, or conduct is made either explicitly or implicitly a term or condition of employment; . It is used as a basis for employment decisions; . Submission to or rejection of such conduct by a person is used as the basis for decisions or actions related to the support or opposition of legislation or other legislative processes; or o “Hostile Work Environment” means sexual advances, requests for sexual favors and verbal or physical conduct of a sexual nature when such advances, requests, or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating, or sexually offensive work environment. A hostile work environment exists when: . The conduct was based on a protected status; . The conduct was unwelcomed by the employee (which is a subjective standard); . The conduct was offensive to a reasonable person (which is an objective standard); and . The conduct was severe or pervasive. Page 5 of 16 Examples of Harassment No policy can provide an exhaustive list of behaviors that may rise to the level of harassment. Harassment encompasses a broad range of conduct that may be verbal, visual, or physical in nature. Specifically prohibited conduct includes, but is not limited to: • Verbal conduct such as epithets, derogatory comments, and slurs directed at someone because of their protected class; • Visual conduct such as derogatory posters, photographs, cartoons, drawings, or gestures directed at someone because of their protected class; • Mocking someone’s accent or disability; • Acts or jokes that are hostile or demeaning toward a protected class; • Racially offensive words or phrases; • Written or graphic material that insults, stereotypes, or shows aversion or hostility to an individual or group because of a protected class that is placed on walls, bulletin boards, email, or elsewhere on the premises of the workplace; • Displays of symbols, slogans, or items that are associated with hate or intolerance towards any select group, such as swastikas or nooses; • Pranks or hazing someone because of their protected class; and • Physical aggression or gestures based on someone’s protected class. In addition to the examples listed above, an aggregation of a series of incidents can constitute harassment, even if one of the incidents considered separately would not rise to the level of harassment. Harassing conduct does not have to rise to the level of an unlawful hostile work environment to warrant corrective action under this policy. Examples of Sexual Harassment Examples of sexual harassment include, but are not limited to the following conduct: Page 6 of 16 • Inappropriate commentary, such as sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding a person’s sex life, comments regarding a person’s body or sexual-activity deficiencies or prowess; • Sexually suggestive comments about a person’s clothing, vocal activity like catcalls or whistles, leering or staring at a person or part of a person’s body, obscene letters, emails, text messages, photographs, cartoons, or other written or pictorial materials of a sexual nature, or sexting or posting sexual messages or images on social media; • Direct sexual propositions including persistent requests for dates, drinks, or other personal contact after being informed that the interest is unwelcome, inappropriate sexually themed communication in person, online or via mobile devices; • Sexual coercion under threat of punishment including demotion, firing, negative reviews, opposition to legislative initiatives, blacklisting or otherwise interfering with someone’s access to opportunities; • Explicit or implicit requests for sexual activity in exchange for reward, position, or career advancement, support of legislative initiatives, introductions, special access invitations to exclusive events, support for candidacies, position stability, or any other such condition or potential benefit; • Sexual contact including unwanted physical touching, blocking or impeding movements, groping, or kissing. Inappropriate sexual conduct that could lead to a claim of sexual harassment is expressly prohibited by this policy. This policy prohibits opposite-sex and same- sex harassment. Sexual harassment may be obvious or subtle. Some behavior that is appropriate in a social setting may not be appropriate in the performance of City governance, City operations, at City- sponsored activities, or in Related Interactions, particularly considering the Council’s stated values noted above in the Introduction. III. Retaliation Strictly Prohibited Page 7 of 16 Policy The City Council strictly prohibits retaliation. The City Council will take prompt and appropriate action in response to good-faith complaints of retaliation or knowledge of a violation of this Policy. Definitions “Retaliation” means an act of punishment, reprisal, or revenge that is taken against a person because he or she reported a form of harassment prohibited under this Policy, prevented unlawful practices, or participated in an investigation of an alleged act of harassment. For purposes of retaliation, an action is materially adverse if it is harmful to the point that it would dissuade a reasonable employee from making a complaint of discrimination. Examples Retaliation can take place in the workplace or outside of the workplace. Harassing conduct does not have to rise to the level of an unlawful hostile work environment to warrant corrective action under this policy. Examples include but are not limited to: • Granting access to a person differently after a complaint in a manner that negatively affects the person’s business or ability to perform work (i.e., a Councilmember refusing to meet with a complaining party after filing a complaint); • Removing a person from an assignment; • Change in support for Council action proposed by, or supported by, a person in their professional capacity; • Disparaging a person to colleagues or peers; • Changing the person’s role, responsibilities, supervisory or legislative authority; • Newfound scrutiny of work performance by a supervisor; • Denial of a promotion, demotion, suspension, or termination; Page 8 of 16 • Warnings, reprimands, or poor performance evaluations; • Exclusion from beneficial networking or other opportunities; • Encouraging coworker shunning; • Exclusion from team or coworker events; • Workplace or legislative sabotage; • Assignment of disproportionate workload; • Disparaging the person to others or in the media; • Disparaging the person to potential new employers; • Threatening legal action; • Threatening immigration action; or • Abusive verbal or physical behavior. Formal Complaint and Resolution Process The City Council encourages the reporting of all perceived incidents of discrimination, harassment or retaliation, as described above, regardless of the position of the alleged offender. The following processes will be used when a reporting party reports a violation of this Policy. The formal resolution process will be used when someone makes a good-faith report of discrimination, harassment, or retaliation in a manner that makes clear that the Reporting Party intends to make a complaint of a policy violation. Definitions • “Reporting Party” means a person who has been subjected to or who has witnessed another person be subjected to behavior that violates this Policy. A Reporting Party may be a member of the City Council, a City staff member, a member of the public, a City contractor or vendor, an Appointed Official, a contractor, or a person whose employment gives them access to or contact with the Fort Collins City Council. • “Complaint Contact” means: Page 9 of 16 . Any supervisor, manager, department head, service area director, service unit director, deputy city manager, senior assistant city manager, or assistant city manager; . The Mayor; . Any City Councilmember . A representative of Human Resources including the Chief Human Resources Officer; . The City Manager . The City Attorney . Equal Opportunity & Compliance Manager. • “Respondent” means a person who is alleged to have violated this Policy and includes members of the City Council, Appointed Officials, and persons who are under contract with the City of Fort Collins. Confidentiality and Privacy Interests An essential duty of the City Council is to be accountable to the public it serves. Members of the public deserve to have access to some information about complaints and complaint trends, but this must be balanced with the needs of the parties to have a safe, fair, and impartial process with appropriate confidentiality. The complaint resolution process is a confidential process. Complaint contacts must ensure that reporting parties can communicate privately and confidentially with them in discussing their complaints. Complaints and information about the investigation must be kept confidential by all parties, witnesses, those who handle the complaints, and those who recommend discipline or remediation, to the fullest extent possible. The confidential investigation report or any records of complaints of sexual harassment, and any sexual harassment investigations shall not be disclosed pursuant to an open records request except in accordance with Colo.Rev.Stat. § 24-72-204. Page 10 of 16 Complaints Against a Member of the City Council Reporting The Fort Collins City Council encourages any person who is the subject of or witness to a violation of this Policy by a City Councilmember to immediately bring the violation to the attention of the Fort Collins City Council, via the complaint contacts listed above, so it may take proper steps to investigate and address the issue. The report should contain all facts available to the Reporting Party regarding the alleged Policy violation. A Reporting Party is encouraged to take the following actions: • If the Reporting Party is comfortable addressing the issue directly with the respondent, the Reporting Party may explain to the Respondent that the behavior is offensive to the Reporting Party, and request that such behavior be discontinued. • If the behavior recurs, the Reporting Party is strongly encouraged immediately report the behavior to a Complaint Contact listed above. • If the Reporting Party is not comfortable addressing the issue directly with the respondent, the reporting party should immediately report the offensive behavior to a Complaint Contact listed above. Action by Complaint Contact A Complaint Contact who receives a report from a Reporting Party must document the date, time, whether the complaint was in person or by phone, and nature of the conversation, as well as any steps taken. The Complaint Contact must transmit complaints that fall under the Policy to the Chief Human Resources Officer of the City and the City Attorney. A screening process will be used to ensure that the alleged misconduct falls within the scope and purpose of this Policy, assuming the allegations are true. A Complaint Contact must take actions described in this Policy promptly upon becoming aware of a complaint. Page 11 of 16 Screening Process The Chief Human Resources Officer or his or her designee and the City Attorney or his or her designee will contact the Reporting Party and obtain a complete description of the conduct that allegedly violates this Policy. The Chief Human Resources Officer or his or her designee, the City Manager or his or her designee and the City Attorney or his or her designee will determine whether the alleged misconduct, if true, violates this Policy. Unless the alleged violation clearly does not fall within this Policy, the allegations will be referred for investigation. If the alleged violation clearly does not fall within this Policy, a confidential written summary of the basis for not referring the matter for investigation is placed in the file. If the allegations are not referred for full investigation, the complaining party will be notified the allegations were reviewed as a screening matter and determined not to fall within the scope of this Policy. If any of those involved in the screening the complaint believe the alleged misconduct, if true, violates this Policy, the allegations will be referred for investigation. Investigation Complaints against a Councilmember that, if true, violate this Policy must promptly be referred to a third-party investigator retained by the City Attorney’s Office. The City Attorney must inform the City Council that an investigation is underway and retain an independent outside investigator (preferably a lawyer that specializes in workplace investigations) to conduct interviews with the Reporting Party and other individuals with knowledge of relevant facts, and to perform such other actions as are necessary to ensure a complete investigation of all allegations and a fair process for all involved. Once the investigation is deemed complete by the investigator and the City Attorney, the investigator shall prepare a written report indicating whether the allegations in the complaint are sustained or not sustained and shall provide such confidential investigation report to the City Attorney. Page 12 of 16 Timeline for Investigation Every effort will be made to complete an investigation in 60 days. Disciplinary and Remedial Action Upon completion of the investigation by a third-party investigator, the City Attorney will inform the Chief Human Resources Officer, the City Manager, the Reporting Party and the Respondent of the pertinent findings. The City Attorney, the Chief Human Resources Officer and the City Manager will send the confidential investigative report to each member of the City Council with a cover letter that contains recommendations to remedy the harassment, discrimination, or retaliation. Alternatively, the City Attorney shall present the investigator’s written report to the City Council in executive session. Upon receipt, the Respondent must immediately endeavor to comply with recommendations. The City Council may consider and direct any or all of the following actions in response to a finding that a complaint of harassment, discrimination or retaliation is sustained: 1. Adopt a resolution finding that an individual covered by this policy violated this policy; 2. Direct or encourage additional corrective training; 3. Such other action as is consistent with its authority under applicable state statutes, the City Charter, ordinances, resolutions, or rules and policies of the City Council. Any Councilmember at any time may initiate a motion for censure of a Respondent Councilmember. Complaints Against an Appointed Official Reporting Page 13 of 16 The City Council encourages any person who is the subject of or witness to a violation of this Policy by an Appointed Official to bring the violation to the attention of the City Council immediately, so it may take proper steps to investigate and address the issue. The report should contain all facts available to the Reporting Party regarding the alleged Policy violation. The Reporting Party is encouraged to take the following actions: • If the Reporting Party is comfortable addressing the issue directly with the Respondent, the party may explain to the Respondent that the behavior is offensive to the Reporting Party, and request that such behavior be discontinued. • If the behavior reoccurs, the Reporting Party is strongly encouraged to immediately report the behavior to a complaint contact listed above. • If the Reporting Party is not comfortable addressing the issue directly with the Respondent, the Reporting Party should immediately report the offensive behavior to a Complaint Contact listed above. Action by Complaint Contact A Complaint Contact who receives a report from a Reporting Party must document the date, time, whether the conversation was by phone or in person, and nature of the conversation, as well as any steps taken. The Complaint Contact must transmit complaints that fall under the Policy to the Chief Human Resources Officer, the City Attorney, unless the City Attorney is the Respondent and the City Manager, unless the City Manager is the Respondent. If the Respondent is the City Attorney, the Complaint Contact must transmit complaints that fall under the Policy to the Chief Human Resources Officer and the City Manager. A screening process will be used to ensure that the alleged misconduct falls within the scope and purpose of this Policy, assuming the allegations are true. A Complaint Contact must take actions described in this Policy promptly upon becoming aware of a complaint. Screening Process Page 14 of 16 The Chief Human Resources Officer or his or her designee and the City Attorney or his or her designee, if the City Attorney is not the Respondent, will contact the Reporting Party and obtain a complete description of the conduct that allegedly violates this Policy. The Chief Human Resources Officer or his or her designee, the City Manager or his or her designee, if the City Manager is not the Respondent, and the City Attorney or his or her designee, if the City Attorney is not the Respondent, will determine whether the alleged misconduct, if true, violates this Policy. Unless the alleged violation clearly does not fall within this Policy, the allegations will be referred for investigation. If the alleged violation clearly does not fall within this Policy, a confidential written summary of the basis for not referring the matter for investigation is placed in the file. If the allegations are not referred for full investigation, the Reporting Party will be notified the allegations were reviewed as a screening matter and determined not to fall within the scope of this Policy. If any of those involved in the screening the complaint believe the alleged misconduct, if true, violates this Policy, the allegations will be referred for investigation. If the Respondent is the City Attorney, the City Council will use outside legal counsel to engage in the screening process as described herein. If the Respondent is the City Manager, the Chief Human Resources Officer and City Attorney will engage in the screening process. Investigation Complaints against an Appointed Official that warrant investigation must promptly be referred to a third-party investigator retained the City Attorney’s Office, unless the Respondent is the City Attorney. Unless the Respondent is the City Attorney, the City Attorney must inform the City Council that an investigation is underway and retain an independent outside investigator (preferably a lawyer that specializes in workplace investigations). If the Respondent is the City Attorney, the Chief Human Resources Officer will retain the services of outside counsel to retain an independent outside investigator (preferably a lawyer that specializes in workplace investigations) and the City Manager must inform the City Council that an investigation is underway. An outside investigator will Page 15 of 16 conduct interviews with the Reporting Party and other individuals with knowledge of relevant facts, and to perform such other actions as are necessary to ensure a complete investigation of all allegations and a fair process for all involved. Once the investigation is deemed complete by the investigator and the City Attorney or outside counsel, the investigator shall prepare a written report indicating whether the allegations in the complaint are sustained or not sustained, and shall provide such confidential investigation report to the City Attorney, unless the Respondent is the City Attorney. If the Respondent is the City Attorney, the confidential investigation report will be provided to the outside counsel who will forward the report to the Chief Human Resources Officer and the City Manager. The confidential investigation report and findings, along with a recommendation, will be provided to the City Manager and the City Council. Timeline for Investigation Every effort will be made to complete an investigation in 60 days. Disciplinary and Remedial Action Any Respondent found to have engaged in harassment, discrimination, or retaliation prohibited by this Policy is subject to appropriate disciplinary action. The City Council shall consult with the Chief Human Resources Officer and the City Attorney, if the City Attorney is not the Respondent, regarding disciplinary actions that are commensurate with the severity of the offense. If the City Attorney is the Respondent, the City Council shall consult with the Chief Human Resources Officer and outside employment counsel about disciplinary actions that are commensurate with the severity of the offense. Disciplinary action can include, but is not limited to, demotion or termination. Other remedial measures may include: • Verbal or written direction to cease the offensive behavior; Page 16 of 16 • A written or verbal apology to the Reporting Party if the Reporting Party consents to the apology; • Resources and support to Reporting Party; or • Education and training for the Appointed Officials. In any case, a written record of any action taken on the complaint, or any determination to take no further action on the complaint, shall be prepared in consultation with the City Attorney or such other legal counsel appointed by City Council in connection with a given complaint and kept with the report of investigation. Training All members of City Council shall participate in training regarding harassment, discrimination and retaliation every two years and in conjunction with the orientation provided to new City Council members. All Appointed Officials shall participate in such training every two years. Annual Reporting and Review The Chief Human Resources Officer will publicly report, on an annual basis, the total number of complaints under the Policy, and the resolution of each complaint, appropriately redacted to protect the confidential personnel decisions and party identities. The Chief Human Resources Officer will maintain a publicly available list of Councilmembers and Appointed Officials who have attended mandatory and voluntary trainings. Human Resources 215 N. Mason Street 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6535 970.221.6238 - fax MEMORANDUM TO: Boards and Commissions Staff Liaisons FROM: Teresa Roche, Chief Human Resources Officer DATE: January 29, 2019 RE: City of Fort Collins City Council Respectful Workplace Policy __________________________________________________________________ Bottom Line: The purpose of this memo is to provide you with information about and a copy of the attached Respectful Workplace Policy approved for recommendation to the City Council by the Anti- Harassment Ad-Hoc Committee, a committee appointed by the City Council. The Policy is scheduled for Council consideration on February 5. Background and Overview: The City Council appointed the ad-hoc committee for the purpose of developing an anti- harassment policy. Several Colorado governmental bodies have recently adopted anti- harassment policies. Workplace harassment allegations have become common in the news and reinforce the importance of a positive workplace culture. The ad-hoc committee developed the attached policy using policy templates of several other governmental bodies including some from other Colorado cities. The attached policy sets aspirational goals and expectations regarding treating others with respect. This includes respectful conduct by City Councilmembers, and by those appointed by Council (including direct report employees and board and commission members) who are acting within their capacity as a member of the Council in relation to members of the public. This policy addresses the Council’s position related to harassment, discrimination and retaliation. It includes a process to be followed when a complaint is made, including a screening process. It further provides specific examples of prohibited conduct for clarification. Finally, it provides several alternatives for a complaining party to report an alleged violation of the policy. Please note that the City Council will consider adoption of the attached Respectful Workplace Policy on February 5, 2019. The current plan is to provide training about this policy to all members of boards and commissions in 2019. TR ATTACHMENT 5 Respectful Workplace Policy Council Presentation Janet Miller and Jenny Lopez Filkins February 5, 2019 ATTACHMENT 6 Tonight’s Outline of Topics Respectful Workplace Policy Council Presentation February 5, 2019 • Background and Context: Why Now? • Respectful Workplace Policy: • Who is covered? • What does the policy cover? • Communication and Training Background and Context • Harassment claims more common in US workplaces • Claims can arise at any level • Several Colorado governmental bodies are implementing similar policies Respectful Workplace Policy Council Presentation February 5, 2019 Who Does The Policy Cover? • City Council • Appointed Employees: City Manager, City Attorney, Chief Judge • Board and Commission Members Respectful Workplace Policy Council Presentation February 5, 2019 What Does Policy Cover? • Harassment • Discrimination • Retaliation • Policy outlines where and how complaints can filed • Describes process for managing complaints made • Identifies possible outcomes in event violation substantiated Respectful Workplace Policy Council Presentation February 5, 2019 Communication and Training • Memo and copy of proposed policy sent to all Boards and Commissions' members • If City Council adopts, next action is to notify interested parties on City website, fcgov.com • Communication and training for City Council and three appointed employees in May, Boards and Commissions in summer. • Training will occur on recurring schedule after initial kickoff Respectful Workplace Policy Council Presentation February 5, 2019 Appendix -1- RESOLUTION 2019-015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A RESPECTFUL WORKPLACE POLICY FOR COUNCIL AND COUNCIL APPOINTEES WHEREAS, workplace harassment allegations have become common in the news and reinforce the importance of workplace culture; and WHEREAS, several Colorado governmental bodies have recently adopted anti- harassment policies that apply to members of those governmental bodies, and, in some cases, those appointed by the governmental bodies; and WHEREAS, harassment claims can arise at any level of an organization from the governing body to those appointed by a governing body; and WHEREAS, a respectful workplace policy sets the tone for the entire organization, describes a process for filing and handling discrimination, harassment and retaliation complaints and identifies possible outcomes in the event a complaint is substantiated; and WHEREAS, an ad hoc committee appointed by the City Council met seven times to review and discuss various policy options; and WHEREAS, the ad hoc committee developed a policy that meets the stated objectives; and WHEREAS, on January 22, 2019, the ad hoc committee approved a recommendation that the City Council formally adopt the Fort Collins Council Respectful Workplace Policy. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the policy statements contained in the attached Fort Collins Council Respectful Workplace Policy accurately reflect the City’s policies on these issues. Section 3. That the City Council hereby approves the Fort Collins Council Respectful Workplace Policy attached hereto as Exhibit “A” and incorporated herein by this reference. -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of February, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ City Clerk Page 1 of 16 FORT COLLINS COUNCIL RESPECTFUL WORKPLACE POLICY Introduction Fort Collins aspires to be a city that addresses the needs of all members of our community and strives to ensure that everyone has the opportunity to thrive. As a community, we commit to building a healthy, equitable, and resilient city – for our families, for our neighbors, and for future generations. The high quality of life we enjoy requires a city that is safe and where all individuals are treated with dignity and respect. The Mayor and City Council are committed to providing an environment that exemplifies the highest standards of ethical behavior, treats others with dignity and respect and is known for its honesty, inclusivity and transparency. Our elected officials and those they appoint believe that how they treat others, and how they allow their peers to treat others, is a direct reflection of our collective character. The Fort Collins City Council is committed to providing and maintaining a work environment that encourages mutual respect and promotes equality, dignity, and respect. This Policy embodies the City Council’s commitment to prevent and address discrimination; harassment, including sexual harassment; and retaliation. Discrimination, harassment, and retaliation in the workplace are against the law and will not be tolerated. Through adoption, implementation, and enforcement of this Respectful Workplace Policy (“Policy”) and through continuing education and training provided by or through the Human Resources Department (“HR”), the Fort Collins City Council will seek to prevent, address, and correct behavior that violates this Policy. Page 2 of 16 Application This policy applies to all members of the City of Fort Collins City Council and Appointed Officials (defined herein as the City Manager, the City Attorney, the Chief Municipal Judge, any appointed employee including municipal judges and any City board or commission member) in the performance of City governance or operations, at City-sponsored activities, and in all interactions between members of City Council, Appointed Officials, and City employees and contractors (defined herein as “Related Interactions”). Nothing in this Policy is intended or should be read to alter the terms and conditions of the at-will status of Appointed Officials. The focus of the remainder of this policy is on describing conduct that is prohibited and processes for handling complaints made. It’s important for all to keep in mind that the Mayor and City Council are committed to providing an environment that exemplifies the highest standards of ethical behavior, treats others with dignity and respect and is known for its honesty, inclusivity and transparency. Conduct that does not clearly fall into the realm of prohibited conduct but is inconsistent with these values may be cause for corrective action. Prohibited Conduct I. Discrimination Strictly Prohibited Policy The City Council strictly prohibits discrimination based on protected characteristics and will take prompt and appropriate action in response to good- faith complaints or knowledge of an alleged violation of this Policy. Definitions • “Protected characteristics” means a person’s race, color, religion, creed, national origin or ancestry, sex, sexual orientation, transgender status, gender identity and expression, disability, genetic information, military status, age, marital status, political affiliation, pregnancy or related condition, or any other status protected under federal, state, or local law. Page 3 of 16 • “Discrimination” occurs when a person covered by this policy experiences an adverse official action based on one or more of that person’s protected characteristic(s). Adverse official actions include, but are not limited to, termination, suspension, involuntary demotion, failure to promote, and opposition, rejection or failure to appoint to committee or leadership role. Adverse official actions that are taken for any reason other than the protected characteristic(s) of a person covered by this policy are not discrimination. Examples of Discrimination • An employee is terminated from his job because he is Muslim, Catholic or Jewish. • A female candidate is selected for promotion over a more qualified male candidate because she is a woman. • An employee is involuntarily demoted because he is homosexual. II. Harassment, Including Sexual Harassment, Strictly Prohibited Policy The City Council strictly prohibits harassment, including sexual harassment, and will take prompt and appropriate action in response to good-faith complaints or knowledge of an alleged violation of this Policy. Please note that this Policy does not address conduct that could constitute a violation of criminal law. Any person who believes a violation of criminal law has occurred should report the conduct to Fort Collins Police Services or other appropriate law enforcement agency. Definitions • “Harassment” means verbal or physical conduct that demeans, stereotypes, or shows hostility or aversion toward an individual or group because of the individual’s or group’s protected class. Harassment is conduct directed toward a member of a protected class where it creates a hostile work environment. A hostile work environment exists when: . The conduct was based on a protected status; Page 4 of 16 . The conduct was unwelcomed by the employee (which is a subjective standard); . The conduct was offensive to a reasonable person (which is an objective standard); and . The conduct was severe or pervasive. • “Sexual harassment” is a form of harassment, and can involve males or females or persons of any gender orientation being harassed by members of either sex or gender orientation. Sexual harassment can fall into the following two categories: o “Quid Pro Quo” or “this for that” means direct or implied requests for sexual favors in exchange for actual or promised job benefits, such as favorable reviews, salary increases, promotions, increased benefits, or support of legislation or other legislative processes. Quid pro quo harassment can also mean direct or implied requests for sexual favors with the threat of an adverse action for non- compliance. Quid pro quo occurs when: . Submission to or rejection of such advances, requests, or conduct is made either explicitly or implicitly a term or condition of employment; . It is used as a basis for employment decisions; . Submission to or rejection of such conduct by a person is used as the basis for decisions or actions related to the support or opposition of legislation or other legislative processes; or o “Hostile Work Environment” means sexual advances, requests for sexual favors and verbal or physical conduct of a sexual nature when such advances, requests, or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating, or sexually offensive work environment. A hostile work environment exists when: . The conduct was based on a protected status; . The conduct was unwelcomed by the employee (which is a subjective standard); . The conduct was offensive to a reasonable person (which is an objective standard); and . The conduct was severe or pervasive. Page 5 of 16 Examples of Harassment No policy can provide an exhaustive list of behaviors that may rise to the level of harassment. Harassment encompasses a broad range of conduct that may be verbal, visual, or physical in nature. Specifically prohibited conduct includes, but is not limited to: • Verbal conduct such as epithets, derogatory comments, and slurs directed at someone because of their protected class; • Visual conduct such as derogatory posters, photographs, cartoons, drawings, or gestures directed at someone because of their protected class; • Mocking someone’s accent or disability; • Acts or jokes that are hostile or demeaning toward a protected class; • Racially offensive words or phrases; • Written or graphic material that insults, stereotypes, or shows aversion or hostility to an individual or group because of a protected class that is placed on walls, bulletin boards, email, or elsewhere on the premises of the workplace; • Displays of symbols, slogans, or items that are associated with hate or intolerance towards any select group, such as swastikas or nooses; • Pranks or hazing someone because of their protected class; and • Physical aggression or gestures based on someone’s protected class. In addition to the examples listed above, an aggregation of a series of incidents can constitute harassment, even if one of the incidents considered separately would not rise to the level of harassment. Harassing conduct does not have to rise to the level of an unlawful hostile work environment to warrant corrective action under this policy. Examples of Sexual Harassment Examples of sexual harassment include, but are not limited to the following conduct: Page 6 of 16 • Inappropriate commentary, such as sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding a person’s sex life, comments regarding a person’s body or sexual-activity deficiencies or prowess; • Sexually suggestive comments about a person’s clothing, vocal activity like catcalls or whistles, leering or staring at a person or part of a person’s body, obscene letters, emails, text messages, photographs, cartoons, or other written or pictorial materials of a sexual nature, or sexting or posting sexual messages or images on social media; • Direct sexual propositions including persistent requests for dates, drinks, or other personal contact after being informed that the interest is unwelcome, inappropriate sexually themed communication in person, online or via mobile devices; • Sexual coercion under threat of punishment including demotion, firing, negative reviews, opposition to legislative initiatives, blacklisting or otherwise interfering with someone’s access to opportunities; • Explicit or implicit requests for sexual activity in exchange for reward, position, or career advancement, support of legislative initiatives, introductions, special access invitations to exclusive events, support for candidacies, position stability, or any other such condition or potential benefit; • Sexual contact including unwanted physical touching, blocking or impeding movements, groping, or kissing. Inappropriate sexual conduct that could lead to a claim of sexual harassment is expressly prohibited by this policy. This policy prohibits opposite-sex and same- sex harassment. Sexual harassment may be obvious or subtle. Some behavior that is appropriate in a social setting may not be appropriate in the performance of City governance, City operations, at City- sponsored activities, or in Related Interactions, particularly considering the Council’s stated values noted above in the Introduction. III. Retaliation Strictly Prohibited Page 7 of 16 Policy The City Council strictly prohibits retaliation. The City Council will take prompt and appropriate action in response to good-faith complaints of retaliation or knowledge of a violation of this Policy. Definitions “Retaliation” means an act of punishment, reprisal, or revenge that is taken against a person because he or she reported a form of harassment prohibited under this Policy, prevented unlawful practices, or participated in an investigation of an alleged act of harassment. For purposes of retaliation, an action is materially adverse if it is harmful to the point that it would dissuade a reasonable employee from making a complaint of discrimination. Examples Retaliation can take place in the workplace or outside of the workplace. Harassing conduct does not have to rise to the level of an unlawful hostile work environment to warrant corrective action under this policy. Examples include but are not limited to: • Granting access to a person differently after a complaint in a manner that negatively affects the person’s business or ability to perform work (i.e., a Councilmember refusing to meet with a complaining party after filing a complaint); • Removing a person from an assignment; • Change in support for Council action proposed by, or supported by, a person in their professional capacity; • Disparaging a person to colleagues or peers; • Changing the person’s role, responsibilities, supervisory or legislative authority; • Newfound scrutiny of work performance by a supervisor; • Denial of a promotion, demotion, suspension, or termination; Page 8 of 16 • Warnings, reprimands, or poor performance evaluations; • Exclusion from beneficial networking or other opportunities; • Encouraging coworker shunning; • Exclusion from team or coworker events; • Workplace or legislative sabotage; • Assignment of disproportionate workload; • Disparaging the person to others or in the media; • Disparaging the person to potential new employers; • Threatening legal action; • Threatening immigration action; or • Abusive verbal or physical behavior. Formal Complaint and Resolution Process The City Council encourages the reporting of all perceived incidents of discrimination, harassment or retaliation, as described above, regardless of the position of the alleged offender. The following processes will be used when a reporting party reports a violation of this Policy. The formal resolution process will be used when someone makes a good-faith report of discrimination, harassment, or retaliation in a manner that makes clear that the Reporting Party intends to make a complaint of a policy violation. Definitions • “Reporting Party” means a person who has been subjected to or who has witnessed another person be subjected to behavior that violates this Policy. A Reporting Party may be a member of the City Council, a City staff member, a member of the public, a City contractor or vendor, an Appointed Official, a contractor, or a person whose employment gives them access to or contact with the Fort Collins City Council. • “Complaint Contact” means: Page 9 of 16 . Any supervisor, manager, department head, service area director, service unit director, deputy city manager, senior assistant city manager, or assistant city manager; . The Mayor; . Any City Councilmember . A representative of Human Resources including the Chief Human Resources Officer; . The City Manager . The City Attorney . Equal Opportunity & Compliance Manager. • “Respondent” means a person who is alleged to have violated this Policy and includes members of the City Council, Appointed Officials, and persons who are under contract with the City of Fort Collins. Confidentiality and Privacy Interests An essential duty of the City Council is to be accountable to the public it serves. Members of the public deserve to have access to some information about complaints and complaint trends, but this must be balanced with the needs of the parties to have a safe, fair, and impartial process with appropriate confidentiality. The complaint resolution process is a confidential process. Complaint contacts must ensure that reporting parties can communicate privately and confidentially with them in discussing their complaints. Complaints and information about the investigation must be kept confidential by all parties, witnesses, those who handle the complaints, and those who recommend discipline or remediation, to the fullest extent possible. The confidential investigation report or any records of complaints of sexual harassment, and any sexual harassment investigations shall not be disclosed pursuant to an open records request except in accordance with Colo.Rev.Stat. § 24-72-204. Page 10 of 16 Complaints Against a Member of the City Council Reporting The Fort Collins City Council encourages any person who is the subject of or witness to a violation of this Policy by a City Councilmember to immediately bring the violation to the attention of the Fort Collins City Council, via the complaint contacts listed above, so it may take proper steps to investigate and address the issue. The report should contain all facts available to the Reporting Party regarding the alleged Policy violation. A Reporting Party is encouraged to take the following actions: • If the Reporting Party is comfortable addressing the issue directly with the respondent, the Reporting Party may explain to the Respondent that the behavior is offensive to the Reporting Party, and request that such behavior be discontinued. • If the behavior recurs, the Reporting Party is strongly encouraged immediately report the behavior to a Complaint Contact listed above. • If the Reporting Party is not comfortable addressing the issue directly with the respondent, the reporting party should immediately report the offensive behavior to a Complaint Contact listed above. Action by Complaint Contact A Complaint Contact who receives a report from a Reporting Party must document the date, time, whether the complaint was in person or by phone, and nature of the conversation, as well as any steps taken. The Complaint Contact must transmit complaints that fall under the Policy to the Chief Human Resources Officer of the City and the City Attorney. A screening process will be used to ensure that the alleged misconduct falls within the scope and purpose of this Policy, assuming the allegations are true. A Complaint Contact must take actions described in this Policy promptly upon becoming aware of a complaint. Page 11 of 16 Screening Process The Chief Human Resources Officer or his or her designee and the City Attorney or his or her designee will contact the Reporting Party and obtain a complete description of the conduct that allegedly violates this Policy. The Chief Human Resources Officer or his or her designee, the City Manager or his or her designee and the City Attorney or his or her designee will determine whether the alleged misconduct, if true, violates this Policy. Unless the alleged violation clearly does not fall within this Policy, the allegations will be referred for investigation. If the alleged violation clearly does not fall within this Policy, a confidential written summary of the basis for not referring the matter for investigation is placed in the file. If the allegations are not referred for full investigation, the complaining party will be notified the allegations were reviewed as a screening matter and determined not to fall within the scope of this Policy. If any of those involved in the screening the complaint believe the alleged misconduct, if true, violates this Policy, the allegations will be referred for investigation. Investigation Complaints against a Councilmember that, if true, violate this Policy must promptly be referred to a third-party investigator retained by the City Attorney’s Office. The City Attorney must inform the City Council that an investigation is underway and retain an independent outside investigator (preferably a lawyer that specializes in workplace investigations) to conduct interviews with the Reporting Party and other individuals with knowledge of relevant facts, and to perform such other actions as are necessary to ensure a complete investigation of all allegations and a fair process for all involved. Once the investigation is deemed complete by the investigator and the City Attorney, the investigator shall prepare a written report indicating whether the allegations in the complaint are sustained or not sustained and shall provide such confidential investigation report to the City Attorney. Page 12 of 16 Timeline for Investigation Every effort will be made to complete an investigation in 60 days. Disciplinary and Remedial Action Upon completion of the investigation by a third-party investigator, the City Attorney will inform the Chief Human Resources Officer, the City Manager, the Reporting Party and the Respondent of the pertinent findings. The City Attorney, the Chief Human Resources Officer and the City Manager will send the confidential investigative report to each member of the City Council with a cover letter that contains recommendations to remedy the harassment, discrimination, or retaliation. Alternatively, the City Attorney shall present the investigator’s written report to the City Council in executive session. Upon receipt, the Respondent must immediately endeavor to comply with recommendations. The City Council may consider and direct any or all of the following actions in response to a finding that a complaint of harassment, discrimination or retaliation is sustained: 1. Adopt a resolution finding that an individual covered by this policy violated this policy; 2. Direct or encourage additional corrective training; 3. Such other action as is consistent with its authority under applicable state statutes, the City Charter, ordinances, resolutions, or rules and policies of the City Council. Any Councilmember at any time may initiate a motion for censure of a Respondent Councilmember. Complaints Against an Appointed Official Reporting Page 13 of 16 The City Council encourages any person who is the subject of or witness to a violation of this Policy by an Appointed Official to bring the violation to the attention of the City Council immediately, so it may take proper steps to investigate and address the issue. The report should contain all facts available to the Reporting Party regarding the alleged Policy violation. The Reporting Party is encouraged to take the following actions: • If the Reporting Party is comfortable addressing the issue directly with the Respondent, the party may explain to the Respondent that the behavior is offensive to the Reporting Party, and request that such behavior be discontinued. • If the behavior reoccurs, the Reporting Party is strongly encouraged to immediately report the behavior to a complaint contact listed above. • If the Reporting Party is not comfortable addressing the issue directly with the Respondent, the Reporting Party should immediately report the offensive behavior to a Complaint Contact listed above. Action by Complaint Contact A Complaint Contact who receives a report from a Reporting Party must document the date, time, whether the conversation was by phone or in person, and nature of the conversation, as well as any steps taken. The Complaint Contact must transmit complaints that fall under the Policy to the Chief Human Resources Officer, the City Attorney, unless the City Attorney is the Respondent and the City Manager, unless the City Manager is the Respondent. If the Respondent is the City Attorney, the Complaint Contact must transmit complaints that fall under the Policy to the Chief Human Resources Officer and the City Manager. A screening process will be used to ensure that the alleged misconduct falls within the scope and purpose of this Policy, assuming the allegations are true. A Complaint Contact must take actions described in this Policy promptly upon becoming aware of a complaint. Screening Process Page 14 of 16 The Chief Human Resources Officer or his or her designee and the City Attorney or his or her designee, if the City Attorney is not the Respondent, will contact the Reporting Party and obtain a complete description of the conduct that allegedly violates this Policy. The Chief Human Resources Officer or his or her designee, the City Manager or his or her designee, if the City Manager is not the Respondent, and the City Attorney or his or her designee, if the City Attorney is not the Respondent, will determine whether the alleged misconduct, if true, violates this Policy. Unless the alleged violation clearly does not fall within this Policy, the allegations will be referred for investigation. If the alleged violation clearly does not fall within this Policy, a confidential written summary of the basis for not referring the matter for investigation is placed in the file. If the allegations are not referred for full investigation, the Reporting Party will be notified the allegations were reviewed as a screening matter and determined not to fall within the scope of this Policy. If any of those involved in the screening the complaint believe the alleged misconduct, if true, violates this Policy, the allegations will be referred for investigation. If the Respondent is the City Attorney, the City Council will use outside legal counsel to engage in the screening process as described herein. If the Respondent is the City Manager, the Chief Human Resources Officer and City Attorney will engage in the screening process. Investigation Complaints against an Appointed Official that warrant investigation must promptly be referred to a third-party investigator retained the City Attorney’s Office, unless the Respondent is the City Attorney. Unless the Respondent is the City Attorney, the City Attorney must inform the City Council that an investigation is underway and retain an independent outside investigator (preferably a lawyer that specializes in workplace investigations). If the Respondent is the City Attorney, the Chief Human Resources Officer will retain the services of outside counsel to retain an independent outside investigator (preferably a lawyer that specializes in workplace investigations) and the City Manager must inform the City Council that an investigation is underway. An outside investigator will Page 15 of 16 conduct interviews with the Reporting Party and other individuals with knowledge of relevant facts, and to perform such other actions as are necessary to ensure a complete investigation of all allegations and a fair process for all involved. Once the investigation is deemed complete by the investigator and the City Attorney or outside counsel, the investigator shall prepare a written report indicating whether the allegations in the complaint are sustained or not sustained, and shall provide such confidential investigation report to the City Attorney, unless the Respondent is the City Attorney. If the Respondent is the City Attorney, the confidential investigation report will be provided to the outside counsel who will forward the report to the Chief Human Resources Officer and the City Manager. The confidential investigation report and findings, along with a recommendation, will be provided to the City Manager and the City Council. Timeline for Investigation Every effort will be made to complete an investigation in 60 days. Disciplinary and Remedial Action Any Respondent found to have engaged in harassment, discrimination, or retaliation prohibited by this Policy is subject to appropriate disciplinary action. The City Council shall consult with the Chief Human Resources Officer and the City Attorney, if the City Attorney is not the Respondent, regarding disciplinary actions that are commensurate with the severity of the offense. If the City Attorney is the Respondent, the City Council shall consult with the Chief Human Resources Officer and outside employment counsel about disciplinary actions that are commensurate with the severity of the offense. Disciplinary action can include, but is not limited to, demotion or termination. Other remedial measures may include: • Verbal or written direction to cease the offensive behavior; Page 16 of 16 • A written or verbal apology to the Reporting Party if the Reporting Party consents to the apology; • Resources and support to Reporting Party; or • Education and training for the Appointed Officials. In any case, a written record of any action taken on the complaint, or any determination to take no further action on the complaint, shall be prepared in consultation with the City Attorney or such other legal counsel appointed by City Council in connection with a given complaint and kept with the report of investigation. Training All members of City Council shall participate in training regarding harassment, discrimination and retaliation every two years and in conjunction with the orientation provided to new City Council members. All Appointed Officials shall participate in such training every two years. Annual Reporting and Review The Chief Human Resources Officer will publicly report, on an annual basis, the total number of complaints under the Policy, and the resolution of each complaint, appropriately redacted to protect the confidential personnel decisions and party identities. The Chief Human Resources Officer will maintain a publicly available list of Councilmembers and Appointed Officials who have attended mandatory and voluntary trainings.