HomeMy WebLinkAbout2023-084-09/05/2023-APPROVING AMENDMENTS TO THE RESPECTFUL WORKPLACE POLICY AND RENAMING IT THE ANTI-DISCRIMINATION ANDRESOLUTION 2023-084
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AMENDMENTS TO THE RESPECTFUL WORKPLACE POLICY AND
RENAMING IT THE ANTI-DISCRIMINATION AND ANTI-HARASSMENT POLICY
WHEREAS,the City Council is committed to providing and maintaining an environment
that exemplifies high standards of behavior,treats others with dignity and respect,and is known
for its honesty,inclusivity,and transparency;and
WHEREAS,on February 12,2019,City Council adopted Resolution 2019-015 approving
the Respectful Workplace Policy;and
WHEREAS,the Respectful Workplace Policy prohibits discriminatory and harassing
conduct,including the creation of a hostile work environment;and
WHEREAS,the Respectful Workplace Policy includes provisions applicable to City board
and commission members;and
WHEREAS,on November 15,2022,the City Council adopted Resolution 2022-122
creating an ad hoc committee on boards and commissions (“Committee”)to consider and make
recommendations to improve efficiency and consistency of board and commission processes and
reduce barriers to participation;and
WHEREAS,the Committee considered revisions to the Respectful Workplace Policy,
including renaming it the Anti-Discrimination and Anti-Harassment Policy;and
WHEREAS,the Committee also considered revisions to the policy to address the definition
of harassment in compliance with new state law,and update complaint contacts and the screening
process used when complaints are filed;and
WHEREAS,on July 19,2023,the Committee approved a recommendation that City
Council formally adopt the attached version of the Anti-Discrimination and Anti-Harassment
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 Anti Discrimination
and Anti-Harassment Policy accurately reflect the City’s policies on these issues.
Section 3.That the City Council hereby approves the Fort Collins Anti-Discrimination
and Anti-Harassment Policy attached hereto as Exhibit “A,”incorporated herein by reference.
Section 4.That the City Council hereby directs that the Fort Collins Anti-
Discrimination and Anti-Harassment Policy be included as an appendix to the City Council
approved Boards and Commissions Manual.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of September,2023.
ATTEST:
CityCe
EXHIBIT A TO RESOLUTION 2023-084
City ofFortCoLLins
~300 Laporte Avenue
Fort Collins,Co 80521
ANTI-DISCRIMINATION AND ANTI-HARASSMENT 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 Fort Collins City Council is committed to providing and maintaining an 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 Anti-Discrimination and Anti-
Harassment Policy (“Policy”)and through continuing education and training provided by or
through the City Clerk’s Office,the Fort Collins City Council will seek to prevent,address,
and correct behavior that violates this Policy.
Application:
This policy applies to all members of the City of Fort Collins City Council and Appointed
Officials 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”).Appointed Officials
include the City Manager,the City Attorney,the Chief Municipal Judge,any appointed
employee including municipal judges,and any City board or commission member.Nothing in
this Policy is intended or should be read to alter the terms and conditions of the at-will status
of Appointed Officials.
It is important for all to keep in mind that the Mayor and City Council are committed to
providing an environment that exemplifies high standards of 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 conduct prohibited by this Policy but is
inconsistent with these values may be a violation of the Council-adopted code of conduct.
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Prohibited Conduct
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 (including perceived sexual orientation),gender identity and
expression,disability,age 40 years or older,pregnancy or related condition,genetic
information,and,in certain specific circumstances,marital status,marriage to a coworker or
any other status protected under federal,state,or local law.
•“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
•A Councilmember harshly criticizes City staff and the municipal clerk notes he
disproportionally criticizes her and other women.
•A female candidate for city attorney,city manager or chief judge is selected for a position over
a more qualified male candidate because she is a woman.
•A community member is not considered for a board or commission appointment because he
is homosexual.
•A candidate is not chosen for a promotion to an open City position by an appointee because
the candidate does not share the appointee’s religious beliefs or does not have religious
beliefs.
•A direct report receives an unfavorable,unjustified pay decision because they are disabled.
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
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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 any unwelcome conduct or communication directed at an individual or group
because of that individual’s or group’s actual or perceived protected characteristic and such
conduct or communication is subjectively offensive to the individual alleging harassment and the
conduct is objectively offensive to a reasonable individual who is a member of the same protected
characteristic.
It is not necessary for a complaining party to be a member of a protected characteristic to file a
complaint.
Harassment is a violation of this policy if:
•Submission to the conduct is explicitly or implicitly made a term or condition of employment or
appointment;
•Submission to,or objection to,or rejection of the conduct is used as a basis for employment or
appointment decisions;or
•The conduct has the purpose or effect of unreasonably interfering with the individual’s work
performance or creating an intimidating,hostile or offensive work environment or in related
interactions.
Petty slights,minor annoyances,and lack of good manners are not included in the definition of
harassment,unless they meet the definition of harassment above when taken individually or in
combination and under the totality of the circumstances.The totality of the circumstances
considered includes:
•The frequency,duration and location of the conduct or communication;and
•The number of individuals involved;and
•The type or nature of the conduct or communication;and
•Whether it is threatening,involves epithets or slurs,or reflects stereotypes;and
•Whether there is a power differential between the individual or group and the subject of the
complaint.
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;
•Insisting on giving hugs to all women encountered at a recurring meeting;
•Repeatedly not using a person’s preferred pronoun(s);
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•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 characteristic;and
•Physical aggression or gestures based on someone’s protected characteristic.
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.
Sexual Harassment
Because sexual harassment raises issues that are to some extent unique in comparison to other
types of harassment,the City Council believes it warrants separate emphasis.The City Council
strongly opposes sexual harassment and inappropriate sexual conduct.Sexual harassment can
involve persons of any gender identity or sexual orientation being harassed by another individual.
Examples of sexual harassment include,but are not limited to,the following conduct:
•Inappropriate commentary,such as sexual epithets,jokes,written or verbal 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;
•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.
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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
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 on City locations or elsewhere.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 retaliation after a person makes a complaint or raised a concern may include,but are
not limited to:
•Granting access to that person differently 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
the party filed a complaint);
•Removing that person from an assignment;
•Change in support for Council action proposed by,or supported by,that person in their
professional capacity;
•Disparaging that person to colleagues or peers;
•Changing that person’s role,responsibilities,managerial or legislative authority;
•Newfound scrutiny of that person’s work performance by a supervisor manager or
Councilmember;
•Denial of a promotion for that person,or demoting,suspending,or terminating them,when such
acts are not otherwise justified;
•Issuing that person warnings,reprimands,or poor performance evaluations that are not otherwise
justified;
•Excluding that person from beneficial networking or other opportunities,or from team or coworker
events;
•Encouraging shunning by other Councilmembers;
•Workplace or legislative sabotage;
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•Assigning that person a disproportionate workload;
•Disparaging that person to others or in the media;
•Disparaging that person to potential new employers;
•Threatening that person with legal action;
•Threatening that person with immigration action;or
•Abusive verbal or physical behavior towards that person.
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:
•The Mayor;
•Any City Councilmember;
•A representative of Human Resources including the Human Resources Executive,the Human
Resources Director,or a Human Resources Business Partner;
•The City Manager,Deputy City Manager,Assistant City Manager,Service Area Director,
Service Unit Director
•The City Attorney,Deputy City Attorney
•Lead Specialist,Office of Equity &Inclusion.
•The staff liaison or attorney liaison to a board or commission
While the reporting party should contact anyone on this list,the following guidance is provided
for “Complaint Contact:”
•For a complaint about the City Manager,City Attorney and Chief Judge,contact the Mayor or the
Human Resources Executive.
•For a complaint about a City Councilmember,contact the Human Resources Executive.
•For a complaint about a Board and Commission member,contact the City Manager,Deputy City
Manager,Assistant City Manager,Service Area Director,Service Unit Director,City Attorney,or
Deputy City Attorney.
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•“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 and Appointed Officials is to be accountable to the public
they serve.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 Cob.Rev.Stat.§24-72-204.
Complaints Against a Member of the City Council
Complaint Process
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.
Action by Complaint Contact
A Complaint Contact who receives a report from a Reporting Party must document the date,time,
the form of communication that the complaint was received (in person,by phone,email,text etc.),
substance of any communication about the complaint and any steps taken.The Complaint Contact
must transmit complaints that fall under the Policy to the Lead Specialist,Equity and Inclusion
Office 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.
Screening Process
The Lead Specialist,Equity and Inclusion Office or their designee and the City Attorney or their
designee will contact the Reporting Party and obtain a complete description of the conduct that
allegedly violates this Policy.The Lead Specialist,Equity and Inclusion Office or their designee,
the City Manager or their designee and the City Attorney or their designee will determine whether
the alleged misconduct,if true,violates this Policy.Unless the alleged violation clearly does not
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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 both in person and in writing that 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 believes the alleged misconduct,if
true,violates this Policy,the allegations will be referred for investigation and the complaining
party will be notified.
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.
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 Human Resources Executive,the City Manager,the Reporting Party and the Respondent of
the pertinent findings.The City Attorney,the Human Resources Executive 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.
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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 recurs,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,
the form of communication that the complaint was received (by phone,in person,email,text
message,etc.),substance of any communication about the complaint,and any steps taken.The
Complaint Contact must transmit complaints that fall under the Policy to the Human Resources
Executive,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 Human Resources Executive
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
The Lead Specialist,Equity and Inclusion Office or their designee and the City Attorney or their
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 Lead Specialist,Equity
and Inclusion Office or their designee,the City Manager or their designee,if the City Manager is
not the Respondent,and the City Attorney or their 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 both in person
and in writing that the allegations were reviewed as a screening matter and determined not to fall
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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 Lead
Specialist,Equity and Inclusion Office or their designee 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 Lead Specialist,Equity and Inclusion Office or their designee 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 Lead
Specialist,Equity and Inclusion Office or their designee 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
Lead Specialist,Equity and Inclusion Office or their designee 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 Lead Specialist,Equity and Inclusion Office or their designee and outside employment counsel
about disciplinary actions that are commensurate with the severity of the offense.Disciplinary
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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.
Annual Reporting and Review
The Assistant City Manager 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 Assistant City Manager will maintain a
publicly available list of Councilmembers and Appointed Officials who have attended mandatory
and voluntary trainings.