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HomeMy WebLinkAboutAgenda - Mail Packet - 10/30/2018 - Anti-Harassment Ad Hoc Committee Agenda - October 31, 2018City of Fortns City Attorney's Office 300 Laporte Avenue PO Box 580 Fort Collins. CO 80522 970.221.6520 970.221.6327 fcgov. corn ANTI -HARASSMENT AD HOC COMMITTEE AGENDA October 31, 2018 3:00 — 4:00 p.m. CIC room, City Hall, 300 LaPorte Ave., Building A 1. Approval of Minutes from October 10, 2018 Meeting (Attached) 2. Agenda Review 3. Continued discussion and consideration of a Respectful Workplace Policy for Council Members and Appointed Officials, including board and commission members. A draft policy based on the City of Denver Respectful Workplace Policy was provided for committee consideration. Remaining key areas of discussion on the draft policy include: 1. Screening process with different options for discussion 2. Investigation Procedure/Confidentiality 3. No retaliation provision 4. Reports to City Council about complaint made 5. Possible City Council responses or actions 6. Training goals identified including frequency 4. Draft flow charts of the policy process will be discussed (attached). 5. Consider whether other types of conduct policies should be recommended to City Council. Samples will be provided at the meeting. 6. Other Business 7. Review of Upcoming Committee Schedule Ad Hoc Anti -Harassment Policy Committee Meeting Minutes October 10, 2018 3:00 p.m. Members in Attendance: Councilmember Kristin Stephens; Councilmember Bob Overbeck; Mayor Wade Troxell; Darin Atteberry, City Manager; Janet Miller, Director, Human Resources; Carrie Daggett, City Attorney; Jenny Lopez Filkins, Senior istant City Attorney; and Jeanne Sanford, Paralegal. Public in Attendance: None. A meeting of the Ad Hoc Anti -Harassment Wednesday, October 10, 2018, in the CIC R The meeting began at 3:06 p.m. The Committee reviewed the Age 'ch containe ing items: 1. Approval of Minutes from Se +b 018 Me- (Attached) 2. Agenda Revie 3. Discussion a Committ- "Committee") was held on ity Hall. of an an`' -harassment p.'' or Council Members and Appointed Of board and commission me bers: 2. 3. C 4. Inves 5. No ret Reports t ossible ning 4. Other Business ibited conduct ure/Confidentiality Coun about complaint made ouncil responses or actions identified including frequency Review of Upcoming Committee Schedule The minutes of the October 1, 2018 meeting were approved by a quorum. Mayor Troxell entered the meeting 3:06 PM and assumed the role as Chair. • Also on social • Exa retaliate Anti -Harassment Ad -Hoc Committee October 10, 2018 Page 2 of 4 City Attorney Carrie Daggett discussed the packet materials noting that a draft policy was created tying in the City of Denver's language from their policy. It was also noted that the pages in the Committee notebooks are now bates stamped which will help parties locate specific documents. City Manager Darin Atteberry entered the meeting at 3:11 PM. Councilmember Overbeck stated he read the materials and really likes how the draft policy is laid out with all the examples. The Committee agreed. Senior Assistant City Attorney Jenny Lopez Filkins walke gh the draft policy noting some important points: • The Introduction is the same as is po except for the aspirational paragraph which Teresa Roche • In the Application — City Cou .pointed officials oted; • Statements on conduct prohi. — Ms. Lopez Filki oke with Denver legislative counsel who developer. Depolicy bas- s input of other employment attorney,ncluding Ca ' o the City has ► iously worked with. The examples given to,beyond w . ' e law would prohibit. • On Page 10, the language in the first full p. . rh speaks about harassing conduct not arising to a level of an unlawful hostile wo , vironment; there is policy langua t at sa at might be appropriate in a t be appropriate in: ce .f City governance. ound discrimination, ssment, sexual harassment and t the botts ' of Page 1 l , the Poli scusses the formal complaint and resolution whicf,encourages peck a e to e forth with complaints. ity aitd ivacy • . Ms. Lopez Filkins noted the draft policy esti ` within days, which mirrors Denver's policy, but was realistic. Janet Miller s investigator. Ms. quicker — but it wou with availability. o your investigator is and the availability of that outside 60 days as target — with the preference that the process is have the longer period of 60 days in case there are challenges Mayor Troxell asked if the complainant's attorney is allowed to participate in the investigation interview process in cases involving City employees. Ms. Lopez Filkins stated it is allowed if the employee wishes, however the attorney is not allowed to speak on behalf of their client. In a typical process involving the conduct of a City employee, the outside investigator is taking notes and writing up a statement for the person being interviewed which is given to the interviewee to read, make changes to and then sign as their written statement. The Committee agreed with the 60-day timeline. Anti -Harassment Ad -Hoc Committee October 10, 2018 Page 3 of 4 Ms. Lopez Filkins noted the EEOC gives guidance around investigating workplace investigations, which stresses the importance for the employer to act promptly in investigating these kinds of complaints, so a shorter timeline is better than longer. Ms. Lopez Filkins continued with the important points of the draft Policy: • Complaints against members of council. It was noted that like Denver's policy, this Policy encourages the complainant to ha initial conversation with the person to encourage informal resolution. • Screening process. • Complaint contact people. Councilmember Overbeck questioned why th seems natural for someone to go to their co stated she would add councilmembers to that h City Manager Atteberry asked if awareness and instruction around re Ms. Lopez Filkins stated it may be h acknowledgement that t e read thi with the training outl. licy. City Attorney Dagget supervisors, agents, man requires) change >'ea o councilme ember with a co nal liabilit ties if one on the contact list as it t. Ms. Lopez Filkins issue and state on that role. ere should be policy applies would sign an e undertaken in conjunction ht be a gtime to incorporate this practice (requiring all to sign an ackno cement that they understand what the policy personnel policies acknowledgement process and make these conforming 0 19. '° - _ Ms. Lop: kins continued discussing the policy: • tigation p in .es igator will that includes fi Human Res ss. Ms. Lopez Filkins explained that an outside, 3`d party rk with the City Attorney's Office to provide a written report s of the investigation. The City Attorney's Office and Chief fficer will then send the report to each member of Council with recommens of remedies of the violation. The City Attorney would present the report to Council in executive session and the Respondent must comply with the recommendation right away. Other actions were discussed that Council could consider including a motion for censure at any point. City Manager Atteberry asked for the City Manager to be included in the investigation steps. City Manager Atteberry asked what rights the respondent has in these situations. Anti -Harassment Ad -Hoc Committee October 10, 2018 Page 4 of 4 City Attorney Daggett stated that Council will get the full confidential report and the Complainant and Respondent will get a summary of the findings. If the report shows there is no merit to the complaint, the matter ends there. Ms. Daggett stated this confidential report is likely to be protected under CORA. Jenny Lopez Filkins stated under CORA, the City would have a viable legal argument that the report is not subject to release but in a lawsuit, it is up to the judge to decide. In that event, the City we would ask for a protective order, but it is ultimately up to the court to decide. • Screening process. The Committee discussed this and how it will be structured to keep those conversations confidential. Discussio rred regarding what happens with a complaint when one is made, whether there oti d be a screening process, who should be involved in a screening process, and w • imps mustk,tai:- place before the complaint goes to the outside investigator and then ' it receives th stigator's written report. Councilmember Overbeck suggested a flow c works and Ms. Lopez Filkins stated a draft of tha chld be creat ould be a good idea e how this process City Attorney Daggett explained a , the screens into the Policy by next meeting da •le diffe Committee. Next steps of the Co 'ere discu d th. ext meeting scheduled for October 31, 2018. evised 'dr ; policy addi information discussed will be circulated in advance Octobe lst meeti ong with a • raft of a flow chart. ocess will be created as an insertion ersions will be presented to the Ms. Lopez - ' wered,klayor Tro _-.__' • ues from the 10/10/18 meeting regarding when Denver' effect Ms. Lop s ormed the Committee that Denver's policy has b effect since st 2018jknd so far, e have been no formal complaints in Denver. Agenda Item 3 AGENDA ITEM SUMMARY Anti -Harassment Ad Hoc Committee STAFF Carrie Daggett, City Attorney Jenny Lopez Filkins, Senior Assistant City Attorney Janet Miller, Director, Human Resources SUBJECT Continued discussion and consideration of a Respectful Workplace Policy for Council Members and Appointed Officials, including board and commission members. EXECUTIVE SUMMARY 1. The purpose of this item is continue to discuss and consider a Respectful Workplace Policy that would apply to Councilmembers and Appointed Officials, including board and commission members in the performance of their duties. The policy scope may include those official duties carried out in the community. A template for a draft policy based on the Denver model is attached. Remaining key areas of discussion on the draft policy include: 1. Screening process with different options for discussion 2. Investigation Procedure/Confidentiality 3. No retaliation provision 4. Reports to City Council about complaint made 5. Possible City Council responses or actions 6. Training goals identified including frequency Draft flow charts of the policy process will be discussed (attached). STAFF RECOMMENDATION Staff recommends adoption of a Respectful Workplace Policy. BACKGROUND / DISCUSSION Harassment claims can arise at any level of an organization from the governing body to those appointed by a governing body. An anti -harassment policy sets the tone for the entire organization, describes a process for filing and handling harassment, discrimination and retaliation complaints and identifies possible outcomes in the event harassment is substantiated. By setting out a clear means of responding to complaints, such a policy facilitates an appropriate response to complaints and reduces the challenges and uncertainty associated with them. The Ad Hoc Committee is inclined to adopt a policy like the City of Denver's "Respectful Workplace Policy. Consideration whether other types of conduct policies should be recommended to City Council will be discussed at the 10/31/18 meeting and samples will be provided. BOARD / COMMISSION RECOMMENDATION The Committee will discuss whether to schedule additional meetings to discuss and develop a policy for recommendation to City Council. Item # 1 Page 1 Agenda Item 3 ATTACHMENTS 1. Draft of Respectful Workplace Policy with tracked changes based on input during the last meeting 2. Draft flow charts of the policy process Item # 1 Page 2 FORT COLLINS COUNCIL RESPECTFUL WORKPLACE POLICY Introduction The citizens of the City of Fort Collins ("City") expect their elected officials to behave in a manner befitting the honor and privilege they hold as representatives of the City. 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. The Fort Collins City Council is committed to providing and maintaining a professional 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. 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. 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. Prohibited Conduct I. Discrimination Strictly Prohibited Policy Page 1 of 12 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. • "Discrimination" occurs when an employee experiences an adverse employment action based on one or more of an employee's protected characteristics. Adverse employment actions include, but are not limited to, termination, suspension, involuntary demotion, and failure to promote. Adverse employment actions that are taken for any reason other than an employee's protected characteristic are not discrimination. Examples of Discrimination • An employee is terminated from his job because he is Muslim. • 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. 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; . 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 2 of 12 • "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. Examples of Harassment While 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; Page 3 of 12 • 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: • 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, texts 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. III. Retaliation Strictly Prohibited 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. Page 4 of 12 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; • 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; or • 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 Page 5 of 12 process will be used when someone makes a good -faith report of discrimination, harassment, or retaliation. 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, a member of the public, or a person whose employment gives them access to or contact with the Fort Collins City Council. • "Complaint Contact" means: . Any supervisor, manager, department head, service area director, service unit director deputy city manager senior assistant city manager or assistant city manageror director; . 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. Timeline for Investigation Page 6 of 12 Every effort will be made to complete an investigation in 45-60 days. 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. 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 reeecurs, the Reporting Party must 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. JWe understand there will likely be interest about how information at the screening process stage is shared.' Page 7 of 12 Screening Process OPTION 1— The Chief Human Resources Officer or his or her designee and the City Attorney or his or her designee will contact the Reporting Partv and obtain a complete description of the conduct that allegedly violates this Policy. The Chief Human Resources Officer 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. If so, the allegations will be referred for investigation. If not, a confidential written summary of the basis for not referring the matter for investigation is placed in the file. If the allegations 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 the Chief Human Resources Officer or his or her designee and the City Attorney or his or her designee do not agree about whether the alleged misconduct, if true, violates this Policy, the allegations will be referred for investigation. OPTION 2— The City Attorney or his or her designee and a City Councilmember who is not the Respondent will contact the Reporting Party and obtain a complete description of the conduct that allegedly violates this Policy. The City Attorney or his or her designee and the City Councilmember will determine whether the alleged misconduct, if true, violates this Policy. If so, the allegations will be referred for investigation. If the City Attorney or his or her designee and the City Councilmember do not agree about whether the alleged misconduct, if true, violates this Policy, the allegations will be referred for investigation. If not, 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. OPTION 3— The Reporting Party will be questioned by an outside investigator retained by the City Attorney to determine whether the alleged misconduct, if true, violates this Policy. The investigator used for the screening process must not be the same investigator or from the same firm as the outside investigator retained to perform the full investigation if it's determined a full investigation is warranted. If the outside investigator determines the allegations if true, violate this Policy, the investigation will ensue. If not, 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. Investigation Complaints against a Councilmember that, if true, violate this Policy must promptly be referred to a third -party investigator retained the City Attorney's Office (this sentence stays as is only if options 1 or 2 are selectedj. The City Attorney must inform the City Council that an investigation is underway and Page 8 of 12 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. 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,awd 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 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 must immediately report the behavior to a complaint contact listed above. Page 9 of 12 • 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 and the City Attorney, unless the City Attorney 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. 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. IWe understand there will likely be interest about how information at the screening process stage is shared.] Screening Process OPTION 1— 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 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. If so, the allegations will be referred for investigation. If not, 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 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, do not agree about whether 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. OPTION 2— The Chief Human Resources Officer or his or her designee and a City Councilmember who is not the Respondent will contact the Reporting Party and obtain a complete description of the conduct that allegedly violates this Policy. The City Attorney or his or her designee and the City Councilmember will determine whether the alleged misconduct, if true, violates this Policy. If so, the allegations will be referred for investigation. If not, 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 the City Attorney or his or her designee and the City Councilmember do not agree about whether the alleged misconduct, if true, violates this Policy, the Page 10 of 12 allegations will be referred for investigation. If the City Attorney is the Respondent, the City Council will use outside legal counsel to engage in the screening process as described herein. OPTION 3— If the Respondent is not the City Attorney. the Reporting Party will be questioned by an outside investigator retained by the City Attorney's Office to determine whether the alleged misconduct, if true, violates this Policy. The investigator used for the screening process must not be the same investigator or from the same firm as the outside investigator retained to perform the full investigation if it's determined a full investigation is warranted. If the outside investigator determines the allegations, if true, violate this Policy, the investigation will ensue. If not, 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 the Respondent is the City Attorney, the Reporting Party will be questioned by an outside investigator retained by the Chief Human Resources Officer to determine whether the alleged misconduct, if true, violates this Policy. If the outside investigator determines the allegations, if true, violate this Policy, the investigation will ensue. If not, 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. 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 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. Page 13 of 12 The confidential investigation report and findings, along with a recommendation, will be provided to the City Manager and the City Council. 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 regarding 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; • 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. Page 12 of 12 Commented [JLFij: Best practice is annual training. EEOC recommends annual training. Start A complaint is received against the City Manager, City Attorney or a boards and commission member Does allaged misconduct fall w/in scope of policy? DRI Appointed Officials oes the behavior stop? Is Complainan comfortable addressing the issue directly with the Respondent? Resolution of issue on informal level YES Yes —Noy Written summary explaining basis for not referring to investigation is placed in file Outside investigator is retained to conduct interviews with partes and issue reports and findings to appropriate party / Appropriate parties informed of the pertinent findings of (Investigator's confidential report presented to City Council in Executive Session —NO— —=rY Immediately report the alleged misconduct to Complaint Contact i Complaint Contact must document date, time, in -person or by phone, nature of conversation and steps taken. Complaint must be transmitted to CAtty, CHRO and City Manager (unless respondent) Confidential investigation report sent to each member of City Council with recommendations to remedy the violation. No further action (Disciplinary action options include suspension, demotion, termination rE_ Education and Training, especially re: retaliation behavior or is to stop —Yes -- (Communicate� �=-or [ No— there findi of policy violations? Verbal/written apology to Complainant / A complaint is received against a City Councilmember Does alleged misconduct fall w/in scope of policy? Yes No. Outside investigator is retained to conduct interviews with partes and issue reports and findings to the CA. Council is informed of the complaint. (Adopt resolution finding that individual covered by this policy violated this policy City Councilmembers rc oes the behavior stop? Is Complainan comfortable addressing the issue directly with the Respondent? Resolution of issue on informal level • YES Written summary explaining basis for not referring to investigation is placed in file /A, CHRO, CM, serer confidential 1 investigation report to each member of Couuncil v / CA presents the " investigator's written report to City Council �n executive session, Direct or encourage additional corrective training NO Immediately report the alleged misconduct to Complaint Contact a Complaint Contact must document date, time, in -person or by phone, nature of conversation and steps taken. Complaint must be transmitted to CA, CHRO and City Manager re there any substantiate 'ridings of policy violations No further action -No Yes ich option do Council want to pursue? uch other action consistent wit authority under applicable statute, City Charter, ordinances, resolutions or rules/policies of City 1 Council