Loading...
R-2016-39 CITY OF CLERMONT RESOLUTION NO. 2016-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA ADOPTING A SEXUAL MISCONDUCT POLICY; REPEALING ALL PRIOR RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Clermont has determined that it is in the best interest of the City of Clermont that the City adopt a Sexual Misconduct Policy; NOW, THEREFORE, BE IT RESOLVED, that the City of Clermont Sexual Misconduct Polity is hereby adopted as follows: SECTION 1. The City Council does hereby adopt and implement a Sexual Misconduct Policy as set forth in Attachment A, attached hereto and incorporated herein and attached to this Resolution; and SECTION 2. This resolution shall take effect immediately upon its adoption. DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida this 27th day of September, 2016. CITY OF CLERMONT • 1 x . Gail L. Ash, Mayo ATTEST:. grA Tracy Ackroyd Howe, City Clerk pproved as to form and legality: 11110 41101. Daniel . Mantzaris, City Attorney SC CLERONT Choice of Champions° Sexual Misconduct Policy New Effective September 27, 2016 A. Purpose To express the City's commitment to preventing and maintaining a working environment for employees (including applicants and volunteers) that is free from any form of sexual misconduct. B. Scope The provision set forth in this policy and procedure shall apply to all City employees, and for the purpose of this procedure volunteers shall be considered employees. C. Directives The City will not tolerate any behavior by its employees (and volunteers)which constitutes Sexual Misconduct. "Sexual Misconduct" means any actual or attempted sexual assault, sexual abuse, sexual exploitation, indecent or sexual solicitation, or public indecency, as defined by state and local laws. Sexual Misconduct by non-employees toward City employees shall also not be tolerated. Sexual misconduct can occur during interactions and/or relationships between individuals of the same gender or different gender, and between adults and minors. "Sexual Misconduct" does not include "Sexual Harassment". D. Procedure 1. Reporting — It is the expressed policy of the City to encourage individuals alleging Sexual Misconduct to come forward with such claims. In order to conduct an immediate investigation, any incident of Sexual Misconduct must be reported as quickly as possible. Reports of sexual misconduct may be made to any one or more of the following: their immediate supervisor, any Department Director, the Human Resources Director or the City Manager. It is emphasized that employees are not required to complain first to their supervisor. Human Resources Director: (325) 241-7380 City Manager: (352) 241-7358 Complaints of sexual misconduct can be made verbally or in writing. Complaints made in writing should be signed and dated by the reporting employee. Complaints made verbally should be documented by the individual receiving the complaint. Any supervisor, including managers and directors, who knows or has reason to know of sexual misconduct is required to immediately report such sexual misconduct to the Human Resources Director. Incidents of alleged sexual misconduct shall also be immediately reported to local law enforcement in accordance with Section 794.027, Florida Statutes, Section 753.05, Florida Statutes, and/or Chapter 39, Florida Statutes. The supervisory/management representative receiving the initial report(as described above) shall be responsible for contacting local law enforcement, if not done so already. Employees are not required to report known or suspected cases to their immediate supervisor first. If the supervisor to whom an employee reports is the offending person, the report should be made to the next higher level of management or individuals listed above. In all cases, the Human Resources Director and City Manager shall be notified, unless the complaint involves the Human Resources Director and City Manager. Employees should not assume that the City is aware of any incidents of sexual misconduct. Employees should immediately bring all complaints and concerns to the City's attention so that the concerns can be resolved. Employees will not be penalized in any way for making a report, in good faith, under this policy and procedure. 2. Investigation — All complaints of sexual misconduct shall be investigated. Supervisors, managers, any Department Director, the Human Resources Director, or the City Manager receiving a complaint is responsible for investigating all such incidents. The Human Resources Director must be informed of all complaints no matter how insignificant they may seem. Upon completion of the investigation, the employee/complainant will be advised of the findings. All actions taken to resolve complaints of sexual misconduct through internal investigations shall be conducted confidentially, to the extent possible and allowable by law. 3. Retaliation — The City emphasizes that retaliation against any employee for making a complaint or cooperating in an investigation will not be tolerated. Employees will not be penalized in any way for making a report, in good faith, under this policy and procedure. No management personnel, supervisor or other employee shall place an employee at a disadvantage or retaliate against an employee for having reported a complaint of sexual misconduct. Any retaliation will result in corrective action up to and including termination. Any employee who believes that he/she is being retaliated against for reporting or making a compliant of sexual misconduct or for participating in an investigation related to sexual misconduct should immediately report the alleged retaliatory action to his/her supervisor or to the Human Resources Director. 4. Corrective Action — Any supervisor or employee who is found, after appropriate investigation, to have engaged in sexual misconduct in violation of this policy will be subject to appropriate disciplinary action, up to and including termination, depending upon the circumstances. Any employee who makes an intentional false allegation and/or report, under this policy and procedure, will be subject to disciplinary action up to and including termination. 5. Acknowledgement & Maintenance of Records— Employees shall be advised of the contents of this policy and procedure and be required to acknowledge receipt of this policy and procedure. The acknowledgement shall be placed in the personnel record. The Human Resources Department shall maintain documentation related to this policy and procedure, including documents related to training, incident reporting and disciplinary action. E. Authority The City Manager shall implement this policy and procedure. Approved and adopted by the Clermont City Council by resolution number 2016-39 on September 27, 2016.