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3819ORDINANCE NO. 3819 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA AMENDING ORDINANCE NO. 3630 TO AMEND THE HUMAN RESOURCES MANUAL, PERSONNEL RULES AND REGULATIONS, CHAPTER II, SECTION 2.86, SEXUAL HARASSMENT PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. WHEREAS, it is the desire of the City Commission of the City of Sanford, Florida, to amend the Human Resources Manual Personnel Rules and Regulations, Sexual Harassment, for the purposes of fostering an atmosphere free of Sexual harassment and assist staff in handling and investigating harassment complaints. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLOLRIDA: Forth herein. SECTION 1: The City Commission adopts statements above as if fully set SECTION 2: That the Human Resources Manual Personnel Rules and Regulations, Sexual Harassment, which is attached is incorporated herein by reference. SECTION 3: SEVERABILITY: If any section or portion ora section of This ordinance proved to be invalid, unlawful, or unconstitutional, it shall not be held to Impair the validity, enforce or effect of any other section or part of this ordinance. SECTION 4: CONFLICTS: That all ordinances or part of ordinancas in conflict herewith be and the same are hereby revoked. SECTION 5: EFFECTIVE DATE: That this ordinance shall become effective after its passage and adoption. PASSED AND ADOPTED this /~9'~ dayof~~ CITY COMMISSION OF THE CITY OF SAN'FORD, FLORIDA ATTEST: ~CITY CLERK CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a Tree and correct copy of the foregoing Ordinance No..'~ ~9 / q , PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the ,/~)U~day of ~As the City Clerk of the C~y of g Sanford, Florida 2.86 SEXUAL HARASSMENT GENERAL It is the policy of the City of Sanford that all employees should be able to enjoy a work atmosphere free from all forms of discrimination, including sexual harassment. It is the responsibility of all City employees to create and foster an atmosphere free of sexual harassment. Sexual harassment infringes on an employee's dght to a comfortable work environment and is a form of misconduct that undermines the integrity of the employment relationship. No employee (male or female) should be subjected to unsolicited and unwelcome overtures or conduct either verbal or physical from supervisors or co-workers. Sexual harassment refers to conduct that is offensive to the individual, that harms morale, and that interferes with the effectiveness of operations. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment. Such conduct is prohibited and includes offensive sexual flirtations, advances, patting, pinching, touching, leedng, obscene gestures, or prepositions; verbal abuse of a sexual nature; explicit or degrading verbal comments about another individual or his or her appearance; telling of sexual jokes; the display of sexually suggestive pictures or objects; or any offensive or abusive physical conduct. Other impermissible conduct includes the taking of any personnel actions on the basis of an employee's submission to or refusal of sexual overtures. No employee should so much as imply that an individual's "cooperation" will have any effect on the individual's employment, compensation, advancement, career development, or any other condition of employment. The City will take immediate disciplinary action against any employee engaging in sexual harassment. Such action may include, depending on the circumstances, disciplinary action up to and including termination. If an employee believes that he or she is being subjected to any of the aforementioned forms of harassment, he or she should immediately report the incident to his or her supervisor, the Department Director or the Director of Human Resources. (A) Complaints of sexual harassment which involve "law enforcement officers" shall be processed and handled in accordance with the "Law Enforcement Officer's Rights" as specified in F.S. 112.532. Complaints of sexual harassment involving "Firefighters" shall be conducted pursuant to the terms of F.S. 112.82. In the absence of the Human Resources Director or in the event the Human Resources Director is the alleged harasser; the incident shall be reported to the City Manager. Upon receipt of the wdtten complaint, the Human Resources Director shall interview the complainant for the purpose of obtaining any additional facts that may be needed to supplement the complaint. Within two (2) working days after receiving the signed written statement, the alleged harasser will be called to the Human Resources Office, be given a copy of the signed written statement, and informed of the seriousness of the allegations. The Human Resources Director will review with the alleged harasser the City policy and indicate that a formal charge of harassment has been made. The alleged harasser will then have the opportunity to refute the allegations by responding verbally and in a written statement. All complaints of sexual harassment will be investigated promptly and impartially. If the investigation inclusive of determining whether alleged conduct constitutes sexual harassment, the totality of the circumstances and the nature of the conduct indicates that sexual harassment did occur the Human Resources Director will meet with the alleged harasser's Department Head and the City Manager to discuss the seriousness of the allegations. If the evidence warrants, the alleged harasser will be disciplined according to the procedures as outlined in the Personnel Rules and Regulations with all due opportunity afforded through the Disciplinary Headng and Appeal process. Filing of a complaint or otherwise reporting sexual harassment will not affect the individual's status, future employment, future promotion, extracurricular activities or work assignments. Retaliation against any individual for good faith reporting of a claim of harassment or cooperating in an investigation will not be tolerated and will itself be subject to appropriate discipline. If the allegations prove not to constitute sexual harassment, the alleged harasser will be advised of the decision in writing. A record of the complaint and the findings will become a part of the complaint investigation record. An employee who is found to have knowingly filed a false sexual harassment complaint will be subject not only to disciplinary action by the City up to and including discharge, but may also be held personally liable for his or her misconduct through civil suit by the injured employee and may be criminally prosecuted under Flodda Statutes.