HomeMy WebLinkAboutDocumentation_Regular_Tab 12_05/10/2007VILLAGE OF TEQUESTA
MEETING AGENDA ROUTING SHEET
MEETING DATE: May 10, 2007
REQUESTED ACTION/SUMMARY: Approval for policy changes and revisions for 5
policies (List attached)
RESOLUTION OR ORDINANCE NUMBER: Res # 44-06/07 Ord #
ORIGINATING DEPARTMENT: Human Resources
FUNDING SOURCE: 2006/2007 BUDGET
ACCOUNT NUMBER:
CURRENT BUDGETED AMOUNT AVAILABLE:
AMOUNT OF THIS ITEM:
AMOUNT REMAINING AFTER THIS ITEM:
BUDGET TRANSFER REQUIRED: _Yes No
APPROPRIATE FUND BALANCE: _Yes _ No
Piggyback Contract Name and #:
Or
Competitive Bid #
APPROVALS:
DEPARTMENT HEAD:
FINANCE DIRECTOR:
VILLAGE MANAGER: /tea
VILLAGE MANAGER RECOMMENDATIO
APPROVE ITEM: C~
DENY ITEM: ^
VILLAGE ATTORNEY: APPROVED FOR LEGAL SUFFICIENCY
Yes ^ No
^ Not Applicable (n/a)
RESOLUTION NO. 44-06/07
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, REVISING PERSONNEL POLICIES 2.1, 2.2, 2.7,
3.4 AND 5.6 TO COMPLY WITH APPLICABLE FEDERAL,
STATE, AND COUNTY LAWS; PROVIDING FOR REPEAL
OF RESOLUTIONS IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Village's Human Resources Department has identified certain
personnel policies which are not in compliance with federal, state and county laws;
WHEREAS, the Village's personnel policies 2.1, 2.2, 2.7, and 3.4 do not comply
with Palm Beach County's Equal Employment Ordinance, as amended on September
25, 2002;
WHEREAS, the Village's personnel policy 5.6 does not comply with U.S. Code,
Title 42, Section (e)(3)(A) which currently recognizes the National Disaster Medical
System (NDMS) as being a part of the "Uniformed Services," as well as defining clearly
all the categories covered under the original Act;
WHEREAS, the Village Council desires that the Village's personnel policies
comport with current law;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Village Council does hereby approve of the revisions to
personnel policies 2.1, 2.2, 2.7, 3.4 and 5.6 as proposed by the Village's Human
Resources Department.
Section 2. The Village Council does hereby authorize the Village Manager to
revise and execute such approved changes to personnel policies 2.1, 2.2, 2.7, 3.4 and
1
5.6.
Section 3.
repealed.
Section 4.
All resolutions or parts of resolutions in conflict herewith are hereby
This Resolution shall become effective immediately upon passage.
THE FOREGOING
by Councilmember
vote was as follows:
FOR ADOPTION
AGAINST ADOPTION
The Mayor thereupon declared the Resolution approved and duly adopted this
day of , 2007.
MAYOR OF TEQUESTA
ATTEST:
Village Clerk
P:\DOCS\13153\00001\DOC\11 L7190.DOC
ORDINANCE was offered by Councilmember
who moved its adoption. The Ordinance was seconded
and upon being put to a vote, the
2
Merlene Reid
From: Scott G. Hawkins [shawkins@jones-foster.com]
Sent: Saturday, April 21, 2007 10:11 AM
To: Merlene Reid
Subject: RE: POLICY UPDATES
Merlene,
I think the proposed changes are fine. We will check some modifications
that we looked at for other governmental clients and we will follow-up
on Mon or Tues. Let me know if you have any questions.
Scott G. Hawkins, Esq.
Board Certified in Business Litigation Law by the Florida Bar
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, Suite 1100
505 South Flagler Drive
West Palm Beach, FL 33401
(561) 659-3000
DID (561) 650-0460
Facsimile (561) 650-0436
shawkins@jones-foster.com
www.jones-foster.com
The information contained in this e-mail message is intended only for
the personal and confidential use of the recipient(s) named above. This
message and its attachments may be an attorney-client communication and,
as such, is privileged and confidential. If the reader of this message
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-----Original Message-----
From: Merlene Reid [mailto:mreid@tequesta.org]
Sent: Friday, April 20, 2007 10:05 AM
To: Scott G. Hawkins
Subject: POLICY UPDATES
Hi Scott:
See attached agenda item for May Agenda for your review. Thanks.
Merlene
i
Memo
To: Michael R Couzzo, Jr., Village Manager
From: Merlene Reid, HR Manager
Date: April 19, 2007
Re: Phase 1 Update to Personnel Policy Manual
The Human Resources department is in the process of updating the Personnel
Manual and has identified 5 policies that need immediate attention, to comply with
applicable Federal, State and/or County Laws. A list of the policies being revised is
attached.
The complete revision exercise will be submitted by July 2007.
PERSONNEL POLICY CHANGES -MAY 2007
POLICY NAME SUMMARY OF MAJOR CHANGES
1. Diversity and Workplace Equity 2.2 To comply with Palm Beach County Code of
Ordinances, Section 2-262 (reference attached)
2. Equal Employment Opportunity 2.1 To comply with Palm Beach County Code of
Ordinances, Section 2-262 (reference attached)
3. Harassment, Discrimination and To comply with Palm Beach County Code of
Retaliation 3.4 Ordinances, Section 2-262 (reference
Name to be changed to Illegal attached), and
Discrimination and Retaliation 3.4 To give a clear, legal definition of "Illegal
Discrimination and Retaliation"
4. Hiring Process 2.7 To comply with Palm Beach County Code of
Ordinances, Section 2-262 (reference
attached), and
^ To ensure retesting for drugs for rehires after
60 days
5. Military Leave 5.6 Revised to comply with US Code, Title 42,
Name to be changed to Uniformed Section (e)(3)(A) and to add more details to the
Services Leave 5.6 Scope and Employer's responsibilities
DIVISION I. GENERALLY
~3c ceaE of
~~T ON
DIVISION 1. GENERALLY
Sec. 2-261. Short title.
~, win~iL~S~
z - 262
Page 1 of 4
This article shall be known and may be cited as the "Palm Beach County Equal Employment
Ordinance."
(Ord. No. 95-31, 8-15-95)
Sec. 2-262. Purpose.
It shall be the policy of the board of county commissioners, in the exercise of its police power for
the public safety, public health, and general welfare to assure, within constitutional limitations, that all
persons regardless of race, color, sex, national origin, religion, age, disability, familial status, marital
status or sexual orientation as defined by Title VII of the Civil Rights Act of 1964 as amended, the Civil
Rights Act of 1991, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, as
amended, the Rehabilitation Act, the Americans With Disabilities Act of 1990, the Florida Civil Rights
Act or otherwise provided herein, be afforded equal opportunity to all terms and conditions of
employment. Palm Beach County shall take all necessary and reasonable action to prevent
discrimination in employment.
(Ord. No. 95-31, 8-15-95; Ord. No. 02-066, § 1, 9-10-02; Ord. No. 05-046, § 1, 9-27-05)
Sec. 2-263. Definitions.
In this article unless the context otherwise requires:
Age provisions contained herein apply to any person at least forty (40) years of age.
4/19/2007
Aggrieved person includes any person that: (1) Claims to have been injured by a discriminatory
practice; or (2) Believes that he or she will be injured by a discriminatory practice that is about to occur.
Auxiliary aids and services includes, but is not limited to: (1) Qualified interpreters or other
effective methods of making aurally delivered materials available to individuals with hearing
impairments; (2) Qualified readers, taped texts, or other effective methods of making visually delivered
materials available to individuals with visual impairments; (3) Acquisition or modification of equipment
or devices; and (4) Other similar services and actions.
Because of sex or on the basis of sex includes, but is not limited to, because of or on the
basis of pregnancy, childbirth or related medical conditions; and women affected by pregnancy,
childbirth, or related medical conditions shall be treated the same for all employment-related purposes,
including receipt of benefits under fringe benefit programs, as other persons not so affected but similar
in their ability or inability to work. "Because of sex" or "on the basis of sex" also includes, but is not
limited to sexual harassment. Unwelcome sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature constitute sexual harassment when: (1) Submission to
such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2)
Submission to or rejection of such conduct by an individual is used as a basis for employment decisions
affecting such individual, or (c) Such conduct has the purpose or effect of unreasonably interfering with
an individual's work performance or creatingan intimidating, hostile, or offensive work environment.
Board unless a different meaning clearly appears from the context, means the Palm Beach
County Equal Employment Board, created by this article.
http://libraryl.municode.com/mcc/DocView/10323/1/14/34/35?hilite=section;sections;2 2...
US CODE: Title 42,300hh--1 I .Coordination of preparedness for and response to bioterro... Page 4 of 5
of Labor shall be responsible for making determinations as to whether the
claimant is entitled to compensation or other benefits in accordance with
chapter 81 of title 5.
(3) Employment and reemployment rights
(A) In general
[Service-as an,lntermittentdlsaster-i-esponse'appolntee when. the., :.
;Secretary activates the. Natlortal Disaster Medical System qr when: the,'
;individual participates,in;a tra,.lning program.authorized by the
Assistant Secreta.ry,for;P~blic. Health Emergency Preparedness or. a
rcomparable offlcial;of.any Federal agency.speclfied in subsection (b)~
i ~2}(:B).of this section shall,be,.deerned"service;ln..the uniformed ,
services"„for purposes :of chapter 43 of title: 38 pertaining to ,~
~erriployment and ;reemployment rights. of indfVlduals who..have. ,,~
performec~,;service ~in theuniformed services`(regarifles$'oF.whether ;
'i the individual receives compensation for such pa rticipation).~~All rights
and obligations of such persons and procedures for assistance,
enforcement, and investigation shall be as provided for in chapter 43
of title 38.
(B) Notice of absence from position of employment
Preclusion of giving notice of service by necessity of Service as an
intermittent disaster-response appointee when the Secretary
activates the National Disaster Medical System shall be deemed
preclusion by "military necessity" for purposes of section 4312 (b) of
title 38 pertaining to giving notice of absence from a position of
employment. A determination of such necessity shall be made by the
Secretary, in consultation with the Secretary of Defense, and shall
not be subject to judicial review.
(4) Limitation
An intermittent disaster-response appointee shall not be deemed an
employee of the Department of Health and Human Services for purposes
other than those specifically set forth In this section.
(f) Rule of construction regarding use of commissioned corps
If the Secretary assigns commissioned officers of the Regular or Reserve Corps
to serve with the National Disaster Medical System, such assignments do not
affect the terms and conditions of their appointments as commissioned officers of
the Regular or Reserve Corps, respectively (including with respect to pay and
allowances, retirement, benefits, rights, privileges, and immunities}.
(g) Definition
For purposes of this section, the term "auxiliary services" includes mortuary
services, veterinary services, and other services that are determined by the
Secretary to be appropriate with respect to the needs referred to in subsection
{b)(3){A) of this section.
(h} Authorization of appropriations
For the purpose of providing for the Assistant Secretary for Public Health
Emergency Preparedness and the operations of the National Disaster Medical
System, other than purposes for which amounts in the Public Health Emergency
Fund under section 247d of this title are available, there are authorized to be
appropriated such sums as may be necessary for each of the fiscal years 2002
through 2006.
http://www.law.cornell.edu/uscode/uscode42/usc sec 42_00000300--hh011-.htynl 3/22/2007
Compliance Assistance Employment Law Guide -Uniformed Service Members Page 1 of 3
R~. -~ ~;
4 ~ ~
.""' ~ x..
=~ U.S. Department of Labor ''°~` '~ `
1 Y ~~ II~~
R- - OASP/Office of_Compliance_Assistance Policy
www.dol.gov/comp/lance ~ Search CA;
April 19, 2007 DOL Home > Compliance Assistance > Employment. Law Guide > Uniformed Service Members
Employment Law Guide
4 Chapter: Uniformed Service Members
^ Who Is Covered
^ Basic Proyisons~Reauirements
^ Employee_ Rights
^ Compliance Assistance. Available
^ Penalties/Sanctions
^ Relation_ to State.,. Local., and__Other Federal. Laws
Return_to Table of Contents.
Related
Information
Compliance Assistance By Law
^ The Uniformed Services
Employment and
Reemployment Rights Act
(USERRA)
DOL Agency Assistance
^ VETS USERRA Information
Pale
Updated: September 2005
Uniformed Services Employment and
Reemployment Rights Act (USERRA)
(38 USC §§4301 through_ 43.33)
Who is Covered
The Uniformed Services Employment and Reemployment Rights Act (USERRA) was signed on
October 13, 1994. The Act applies to persons who perform duty, voluntarily or involuntarily, in
the "uniformed services," which include the Army, Navy, Marine Corps, Air Force, Coast Guard,
and Public Health Service commissioned corps, as well as the reserve components of each of
these services. Federal training or service in the Army National Guard and Air National Guard
also gives rise to rights under USERRA. In addition, under the Public Health Security and
Bioterrorism Response Act of 2002, certain disaster response work (and authorized training for
such work) is considered "service in the uniformed services."
Uniformed service includes active duty, active duty for training, inactive duty training (such as
drills), initial active duty training, and funeral honors duty performed by National Guard and
reserve members, as well as the period for which a person is absent from a position of
employment for the purpose of an examination to determine fitness to perform any such duty.
USERRA covers nearly all employees, including part-time and probationary employees.
USERRA applies to virtually all U.S. employers, regardless of size.
Basic Provisions/Requirements
http://www.dol.gov/compliance/guide/userra.htm 4/19/2007
VILLAGE OF TEQUESTA
PERSONNEL POLICY
TITLE: EQUAL EMPLOYMENT
OPPORTUNITY
POLICY: 2.1
form of unlawful discrimination.
The goals and objectives of the Equal Employment
Opportunity Policy are to:
1. Ensure fair treatment and non-discrimination in
all aspects of Village employment.
EFFECTIVE: July 1, 2004
REVISED: NApril 1, 2007
PAGES: 2
2. Provide compliance with County, State and
Federal equal opportunity requirements and
regulations.
CONTENTS : This policy consists of the
following numbered sections
L Policy Statement
II. Program Responsibility
III. EEO Practices
IV. Employee Development
PURPOSE: To establish a policy to ensure equal
employment opportunity with the Village and to
outline procedures for action in case of violation.
I. POLICY STATEMENT:
It is the policy of the Village to ensure equal
employment opportunity for all employees and
appointed representatives. This commitment
includes a mandate to promote and afford equal
treatment and services to all citizens, employees
and Village representatives, and to assure equal
employment opportunity based on ability and
fitness to all persons regardless of race, religion,
color, creed, national origin, sex, gender, gender
identity or expression's political affiliation, veteran
status, marital status, familial status, pregnancy,
sexual orientation, age o~disability, or any other
I
Gender identity or expressiat means a person's various individual attributes,
actual or perceived, as they are understood to be masculine and/or feminine, or a
person's self-identity, self-image, appearance or expression as a man or woman,
whether or not different from those traditionally associated with the person's sex
at birth.
II. PROGRAM RESPONSIBILITY:
The Human Resource Director shall serve as the
Equal Opportunity Officer to carry out the Equal
Employment Opportunity Policy and Program. The
Officer shall be the focal point for the Village's equal
opportunity efforts and shall advise and assist staff
and management personnel in all matters regarding
implementation of and compliance with the Equal
Employment Opportunity Policy, and be responsible
for the successful execution of the program, utilizing
the assistance of appropriate State and community
agencies. The Equal Opportunity Officer will have
responsibility to examine existing internal policies or
procedures, which may serve as barriers to
implementing the Equal Employment Opportunity
Program.
III. EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES:
The Equal Opportunity Officer shall undertake the
following actions to assure equal employment
opportunities in the Village:
Periodically review all position qualifications and
job descriptions to insure requirements are
relevant to the tasks to be performed. Make
recommendations as needed to delete
requirements not reasonably related to the tasks to
be performed.
2. Assure that pay and fringe benefits depend upon
job responsibility and, along with overtime Department of Employment Security and other
work, are administered on anon-discriminatory programs.
basis.
3. Inform and provide guidance to staff and
management personnel who make hiring
decisions so that all applications for selections,
promotion and termination, are considered
without discrimination and all applicants be
given equal opportunity regardless of race,
creed, color, national origin, religion, ,
gender, gender identity or expression, political
affiliation, veteran status, marital status,
familial status, sexual orientation, pregnancy,
age, disability, or any other legally protected
status.
DRAFTED:RLG/Dec 23,2003/Filed:EEO 2.1
APPROVAL:
4. Take appropriate steps to ~ ~~':~:~,a ^ ^~'~~'°'^° *^
recruit qualified candidates based upon their
knowledge, skills and abilities.
5. Provide orientation advising all new employees
of the Village's Equal Employment
Opportunity Policy.
6. This policy shall be made known to all
employees, contractors, and suppliers through
distribution of the Equal Employment
Opportunity Policy. Applications for
employment will include an equal opportunity
notice.
IV. EMPLOYEE DEVELOPMENT:
The following actions shall be undertaken to
achieve employee job satisfaction and fair
treatment:
Assure that there shall be no discrimination
with regard to training and educational
opportunities, upgrading, promotions, transfer
and demotion, layoffs and termination of
employees. Any actions which may adversely
affect employees must be brought to the
attention of the Village's Equal Opportunity
Officer.
2. Actively encourage employees to increase their
skills and job potential through training and
educational opportunities. Offer guidance and
counseling in developing programs tailored to
individual aptitudes and desires, taking full
advantage of programs offered by the State
2
MICHAEL COUZZO, MANAGER
TEQUESTA, FLORIDA
VILLAGE OF TEQUESTA
PERSONNEL POLICY
TITLE: DIVERSITY AND WORKPLACE
EQUITY
steps to ensure that employees know they are valued
individuals.
POLICY: 2.2
EFFECTIVE: July 1, 2004
REVISED: #EWApril 1, 2007
PAGES
CONTENTS : This policy consists of the following
numbered sections.
I. Policy Statement
II. Practices
PURPOSE: To state the organization's commitment
to build quality workforce representative of the
community we serve.
I. POLICY STATEMENT:
The Village is committed to building a diverse
workforce which reflects the face of the community
we serve, honors and respects the beneficial and
worthwhile differences and abilities of all our
employees and residents, and provides employees
with opportunities, tools, and support to achieve their
maximum potential.
Equitably managing a diverse workforce is at the
heart of equal opportunity. Valuing beneficial and
worthwhile differences among cultures and races is
the basis for a policy of inclusion.
Diversity recognizes and respects a multitude of
differences, which employees bring to the workplace.
Diversity may complement organizational values that
stress teamwork, leadership, responsibility, and
quality service. Diversity means striving to maintain
an environment in which managers value the
worthwhile differences in their employees and take
II. PRACTICES:
To achieve workplace equity and inclusion, the
Village will observe the policies and practices
outlined below:
The Village will ensure that we do not
discriminate in employment on the basis of
race, religion, color, national origin, gender,
gender identity or expression, political
affiliation, veteran status, marital status,
familial status, pregnancy, ancestry, sexual
orientation, age, disability, - , '~,'
naEienal origin, °,ex, age, disal3i'-„ ~~ta]
any other discriminatory factor prohibited by
law.
2. The Village will ensure that applicant pools are
both capable and reflective of the population we
serve.
3. The Village will make employment decisions
based on job-related criteria and will provide
opportunities for entry and promotion into
non-traditional jobs where appropriate.
4. The Village will ensure a workplace free of all
forms of harassment.
5. The Village will ,a.~.,°~^'^ -~ ^~a~~•-~~ {~ ensure
prompt, thorough and impartial investigations
of discrimination or harassment complaints, we
u ~'.~~1-'awhile taking appropriate measures to
provide remedy or relief to individuals who
have been victims of illegal discrimination,
harassment or false accusation thereof.
By creating a workplace where everyone can work
towards their maximum potential, the Village will be
better able to retain quality, productive employees
who will provide excellent services to our residents.
1
DRAFTED:RLG/Dec 23,2003/Filed:Diversity 2.2
APPROVAL:
MICHAEL COUZZO, MANAGER
TEQUESTA, FLORIDA
VILLAGE OF TEQUESTA
PERSONNEL
TITLE: HH2ING PROCESS
POLICY
shall be clear and readable. They shall include the
job title, salary range, and job qualification
requirements. Publicity for job vacancies shall be
conducted for a sufficient period of time to ensure
POLICY: 2.7
EFFECTIVE: July 1, 2004
reasonable opportunity for persons to apply and be
considered for employment.
REVISED: "'r.E?YApril 1, 2007
PAGES: 1
CONTENTS : This policy consists of the following
numbered sections:
I. Policy Statement
IL Recruitment
III. Application Form
IV. Physical Examinations
V. Pre-employment Screening
VI. Selection
VII. Temporary and Seasonal Appointments
PURPOSE: To establish a policy and procedure for
all phases of the hiring process.
I. POLICY STATEMENT:
It shall be the policy of the Village to conduct
recruitment and selection in an affirmative manner to
provide equal employment opportunity to all
applicants and to prohibit discrimination because of
race, religion, color, national origin, gender, gender
identity or expression, political affiliation, veteran
status, marital status, familial status, pregnancy,
ancestry, sexual orientation, age, disability, r-as~ab
di"°~.~vrirrv=pviitisi3l-izfft~iatien, religion; sEx,-c^,eler;
~n '~
natieual-origin or any other discriminatory factor
prohibited by law.
II. RECRUITMENT:
Recruitment will be tailored to best meet the needs of
the Village and will be directed to all sources likely
to yield qualified candidates. Job announcements
III. APPLICATION FORM:
All applications for employment shall be made on
forms prescribed by the Village Manager. Forms
shall provide for designation of a veteran's
preference in accordance with the law.
IV. PHYSICAL EXAMINATONS:
Applicants for safety sensitive positions receiving a
conditional offer of employment shall be required to
undergo a physical examination which will include a
drug-screen paid for by the Village.
With the exception of certified Fire and Police
personnel who are required to comply with their
department standards, former employees (including
temporary and seasonal employees) who terminated
in excess of 60 days, are required to retake the drug
test.
V. PRE-EMPLOYMENT SCREENING:
All new hires will be required to undergo a criminal
background check. A criminal background check
will be required for temporary positions requiring
public security, administrative confidentiality,
working with minors, or cash handling.
VI. SELECTION:
The Village Manager or his designee, in conjunction
with the Department Head, shall determine the
selection device or devices to be used to obtain the best
qualified candidates for each position. Such selection
devices may include work sample or performance
tests, practical written tests, individual physical
examinations, background and reference inquiries and
evaluation of training and experience.
VII. TEMPORARY AND SEASONAL
APPOINTMENTS:
Temporary and seasonal appointments shall not exceed
180 days. No temporary or seasonal employee shall
work more than 180 days in a calendar year.
DRa FTEn : RLG/Dec 29,2003/Filed: Hiring 2.7
APPROVAL:
MICHAEL COUZZO, MANAGER
TEQUESTA, FLORIDA
VILLAGE OF TEQUESTA
PERSONNEL POLICY
TITLE:
POLICY:
EFFECTIVE:
REVISED:
PAGES:
i.>t ~ o ~ cc a r, nrT ILLEGAL
DISCRIMINA-TION, AND
RETALIATION
3.4
July 1, 200404
>.,.,,,....., c ~nneApril 1, 2007
. -,
4
CONTENTS: This policy consists of the
following numbered sections:
I. Statement of Policy
II. Applicability
III. Illegal Discrimination Isar-assm~ and
ni°^..;.~,:^^+~^" Retaliation Prohibited
IV. Definition of Sexual Harassment
V. Examples of Illegal Discrimination
VI. Procedure to complain of
Discrimination,--~r«~st?r~~ and/or
Retaliation ~,^-~^'°~•~+ n,-^^°a,...°
VII. Complaint Investigation
VIII. Result of Investigation
IX. Follow-up
PURPOSE: To establish policy „,.,,"'fig-all
f,.-.,,~• .,f' ".5~.,~•~•,,,~,,,+forbidding illegal discrimination
(including. 'l=E~ ~'~t,;;r -F,~;~seEl;:ir~-4~3r repc~g
harassment) based on legally protected status, and
forbidding retaliation against those who participate in
an investigation of conduct in violation of this policy.
To establish procedures for reporting conduct in
violation of this policy. To establish disciplinary
guidelines for violations of this policy.buid~;1:;~~~
aElrninistr~tiEm--Eat=Elissip}ine~ 1/ae-li ~pl~ye/e-will-lie
, ~"b~
I. POLICY STATEMENT:
It is the policy of the Village that all employees shall
enjoy a work environment that is free of illegal
discrimination (including; harassment), based on
race, gender, gender identity or expressions, national
origin, religion, age, disability, marital status, familial
status, sexual orientation, pregnancy, or any other
status protected by County, Florida or Federal Law.
r~taliatit~n---areSuch forms of misconduct tlrat
undermine the integrity of the employment
relationship, lower morale, and interfere with work
effectiveness.
harasslnrrnt 13ascEl on rase~onaer, nata}~~ sr,r
religion, age, ,I;~nl,;l;+., ..;+°1 ,.+n,,,°,
any-etl~e~- legally-~,r;~t~e~~d st;ztt~; as Re-h-as
:"o'taiiatlE33l I7-E~FH 3'6'I3E3rimg-fr}~6~1 F,E3ndktvt Hr
partk6l~atln~--fn -ai~' inV@St+gatron mere°^i.
~,............u ,
°^^' .,,;ir ^^* "° '^'°~-°*°~'It is also the policy of the
Village that no employee shall be subject to
retaliation for reporting misconduct that is in
violation of this policy or for participating in any
investigation thereof.
II. APPLICABILITY:
The provisions of this policydireeti~e apply to all
personnel working for the Village, either directly or
through a contractual relationship, as well as elected
officials.
The term "employee" as used in this policy shall
apply to all contractual personnel, direct employees,
participants in Village services, vendors and
volunteers of the Village.
III. T;ILLEGAL
DISCRIMINA-
TION, AND RETALIATION PROHIBITED:
~ Gender iden(ity or expression means a person's various individual attributes, actual
or perceived, as they are understood to be masculine and/or feminine, or a person's
self-identity, self-image, appearance or expression as a man or woman, whether or not
different from those traditionally associated with the person's sex at birth.
The Village will not engage in, tolerate, permit or
ignore any ferfn -acts of illegal discrimination;
(including harassment); e~-retaliation directed against
an employee based. on race, gender, gender identity
or expression, national origin, religion, age,
disability, marital status, familial status, sexual
orientation, pregnancy, or any other status protected
by County, Florida or Federal Law. o.~=~tl~~r
b
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No employee shall be r'~^~~',.,~,«~d- ~~~subjected to any
derogatory verbal or nonverbal references regarding
his or her race, gender, national origin, religion, age,
disability, marital status, familial status, sexual
orientation, pregnancy or any other legally protected
status under County, Florida or Federal law. No
employee, male or female, should be subjected to
unsolicited, offensive and unwelcome sexual
overtures or conduct (verbal or physical).
Harassment is a form of illegal discrimination which
oppresses or takes advantage of an individual because
of their protected status. Harassment includes, but is
not necessarily limited to offensive jokes, criticisms,
slurs, or other offensive conduct which relate to an
employee's race, gender, national origin, religion,
age, disability, marital status, familial status, sexual
orientation, pregnancy or any other legally protected
status under County, Florida or Federal law. The
reference to illegal discrimination in this policy by
implication also includes harassment.
Conduct, in violation of this directive, ~~~
whether committed by a supervisors or by non-
supervisory personnel, is specifically prohibited by
county, Florida andstate-er federal law, as well as by
Village policy. Such conduct may alse-expose the
Village and the ~n,ni;=;RaAl-offender to liability for
damages, attorney's fees and costs.
It is the responsibility of all supervisors and
employees to insure that illegal discrimination and/er
Ik~~assn~ant-does not talon-plaseoccur. ^~a-n~i~Tin~~
strpe~viset~-p~rse};= ~1 -°,a , ^ ~., r ...r ~ n
~~1131E~yt~@S' ^-vr~iirS-~i~Ft~l~'-c--a;^`,ir-~i~-ir'n',@~diat~ir'`-r`
serr~~t ar>>~~r-e>}l~tns that }nay-arise. Supervisors are
responsible for maintaining a work environment
consistent with the requirement of this directive.
Supervisory personnel shall inform all employees of
this directive and shall take immediate remedial
action when they become aware of conduct in
violation of this policy. that--is €ree---frem
di;,,,,~ ~<<~~nrttien and~or harrtssme-~t, ~5--~e11-m-a.;
All employees are expected to act responsibly in
fulfilling the Village's commitment to a working
environment that is free of illegal discrimination.. To
that end, employees are required to avail themselves
of the procedures provided herein. to bring issues of
illegal discrimination to the attention of the Village
as soon as possible. Late reporting may impede the
Village's ability to conduct a proper investigation.
The Village recognizes that invalid, unfounded or
false accusations of discrimination and/or harassment
can have serious effects on innocent individuals.
Therefore, the Village "~~^a nags, as confidentially and
swiftly as possible- ~^a ;r ° ~°*°, *'~° "~"°°°
t~tterney, shall investigate any and all complaints of
dis~riminatie misconduct that is
in violation of this policy to determine the most
appropriate disposition. Loch u ~u ~ ^'^~^+ ^
- 1--)~e
rape~~ed tE3 the Village ^-<<an"b rBecause of the
Village's obligation to address illegal discrimination
when it occurs, under certain circumstances, the
Village may exercise its right to initiate an
investigation even though the alleged victim is
unwilling to pursue a complaint.
The Village will not tolerate any acts of retaliation
directed against an employee or other individual who,
in good faith, complains about conduct that is in
violation of this policy or who participates in any
investigation concerning conduct that is in violation
of this policy. Retaliation may subject the offender
to disciplinary action, regardless of whether the
charge of illegal discrimination is substantiated.
Similarly, an individual who uses the complaint
procedures herein to knowingly make frivolous or
otherwise bad faith allegations shall be subject to
discipline.
2
~-.T".,.~,~,„„~^t °^alllegal discrimination participants fall
into three categories: (1) the alleged offender, (2) the
alleged victim, and (3) any witnesses. Any of the
three can be found in violation of this directive.
Violation of this directive includes participating in
~3~-- 'c~sillegal
discrimination, permitting subordinate employees to
engage in such practices, filing false charges or
malicious complaints, er -retaliating against
employees who report ~°+°^^°° ^f ~'~••^,.;..,;~°+~^~~
... conduct in violation of this policy,
or retaliating against employees who participate in
investigations of conduct in violation of this policy.
This directive constitutes a "zero-tolerance" policy.
Appropriate disciplinary action shall be taken against
any and all individuals who violate this directive,
which disciplinary action may include immediate
termination from performing services for the Village
or, if a ~~~•~~^* ^'^~~^~~ ^'~~^'^^ Participant in
Village services, vendor or volunteer, termination of
the relationship with the Village.
IV. DEFINITION OF SEXUAL HARASS-
MENT
Sexual harassment is a form of illegal discrimination
based on gender and/or sexual orientation in violation
of this directive. Sexual harassment refers to
unwelcome behavior of a sexual nature that is
personally offensive, deliberate and repeated. It
includes sexual advances, requests for sexual favors,
and other verbal or physical conduct of a sexual
nature. Sum Sexual harassment may be verbal,
nonverbal or physical, and is illegal when:
Submission of such conduct is made
implicitly either a term or condition of
employment;
2. Submission to, or rejection of, such conduct
by an individual is used as the basis for
employment decisions affecting the
individual; and/or
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.
Sexual harassment does not refer to occasional
compliments of a socially acceptable nature. It refers
to behavior based on gender, gender identity or
expression, and/or sexual orientation that vrhish-is
not welcome, which is personally offensive, which
debilitates morale, and which interferes with work
effectiveness. Some behavior that may be acceptable
in social settings is not appropriate in the work place
and is considered ~st~~lti~rg--offensive and demeaning
to the victim. I~r-a~#dtt~3~~e--e~~heuldlt is a
violation of this directive to imply, joke about, or
threaten that an applicant or individual's employment,
assignment, compensation or; advancement er•-is
related to acquiescence to sexual harassment.
V. EXAMPLES OF ecv~rA~ nrcrA7nn_
m A~rint~r ~.~iDionu
U A I? A CCMFNTILLEGAL
DISCRIMINATION
The following represents examples of illegal
discrimination in violation of the Village's policy:
• Referring to a wc3nra+r-female employee as girl,
doll, honey, sweetheart, for similar terms of
endearment.
• Referring to a tnan-male employee as boy,
hunk, babe, honey, sweetheart, e~ or similar
terms of endearment.
• Asking unwelcome questions about an
employee's sexual history or practices; rae-ia-1;
o+~,. or
• Asking unwelcome questions about an
employee's racial, ethnic, or religious beliefs or
practices.
• Referring to individuals in p~tee~~l-slasse~-in
a particular racial, gender, sexual orientation,
age or ethnic classification in a derogatory or
disparaging manner.
• Displaying objects, pictures or gestures that a
reasonable person would fmd ~^°~'^°^riSh
n~degrading to an ,.,,,,~-.1tj;~Tindividual's
race, gender, gender identity or expression,
ethnisitysexual orientation, national origin, age,
disability or religious beliefs.
• Telling r ;ni .,>r;,,;^..~. ^,i,~,. a;r^,.;,,,:,,.,,,,,...
a
jokes or stories that a reasonable person would
find derogatory or disparaging to an
individual's race, gender, gender identity or
expression, sexual orientation, national origin,
age, disability, or religious beliefs.
• Offensive or unwelcome sexual flirtation,
advances, propositions or threats, or giving
unwanted gifts.
• Verbal innuendoes or jokes of a sexual nature,
including graphic or degrading verbal
comments about an individual's ^~ iTO~ ~~r
appearance.
Displaying sexually suggestive objects,
pictures, calendars, graffiti or gestures.
Suggestive or insulting sounds, leering or
winking, whistling, blowing kisses, licking lips,
including sexual gestures with hands or through
body movements.
Any offensive or abusive physical contact,
including touching, rubbing, pinching, kissing,
grabbing, hugging or intentional brushing the
.... of an individual's body.
VI. PROCEDURE TO COMPLAIN OF
DISCRIMINATION AND/OR;
HARASSMENT, AND/OR RETALIATION
The following procedures should be followed when
an employee ##inks-believes he or she is the victim of
illegal discrimination based on a protected status;
harassir,e;r and/or retaliation in violation of this
policy.
Step 1. Anyone who believes that he or she may
have been subjected to illegal discrimination,
ha~fssrnentbased on a protected status, and/or
subjected to retaliation in violation of this policy
should, whenever reasonably possible, #frst
immediately inform the offending party that such
behavior is offensive and will not be tolerated.
Step 2. Because providing a claim of illegal
discriminationsrnen x; and/or retaliation can be
difficult, the victim should keep a record of times,
places and specific details, including witnesses. If the
behavior is sufficiently severe, continues after notice
to the offending party, or if the victim is not
comfortable confronting the offending party, the
employee shall immediatelyt~y file a mil,-written
complaint with the V-it-lage Human Resources
Manager. Prompt reporting of violations of this
policy will enable the Village to take prompt action
to investigate and take remedial action. A form for
the filing of such complaints, which should be used
in all but the most exceptional circumstances, is
available in the office of the Vi-lla-ge Human
Resources Manager. The employee shall not provide
a copy of the complaint to any member of the Village
Council.
leveled~ttnade against the "''Human Resources
Manager, the complaint shexl~l-shall be submitted to
the MayorVillage Manager.
Step 4. In an employee netities--advises a supervisor
of sE+e~s- a-preblallegations of illegal discrimination
and/or retaliation, the supervisor shall notify the
Human Resources Manager or Village Manager,-er
~'~~n'n~ n~~-~~~r- as the case may be, immediately and
in writing of the s~'~tuatic~nallegations, and shall
provide a copy of the-any complaint form submitted
by the employee. The supervisor shall notify the
Human Resources Manager or Village Manager, as
the case may be, ~••-~--n"n-;~,:= as soon as he or she is
made aware of such ~~nallegations.
Step 5. In instances where an allegation of illegal
discrimination and/or retaliation is made against the
Village Manager, the Human Resources Manager
will report the allegations to the Village Mayor and
not the Village Manager.
VII. COMPLAINT INVESTIGATION
Complaints of illegal discrimination and/or retaliation
will be investigated in as confidential and timely a
manner as possible and in accordance with the I~hlis
a°^^r«.tio~d~~Section 119.07, Florida Statutes (Public
Records Act). Information concerning an active
complaint will not be released by the Village to third
parties or to anyone within the Village who is not
directly involved in the investigation, except as may
otherwise be required by law or by a court of
competent jurisdiction. The purpose of this provision
is to protect the confidentiality of an employee who
files a complaint, to encourage the reporting of all
instances, and to protect the reputation of any
employee charged with discrimination and/or
h~sn~o,=,tretaliation. All participants involved in an
investigation are expected to maintain their
involvement in or discussion of the investigation
confidential, except insofar as disclosure is required
in obtaining or being represented by legal counsel.
The failure to abide by this confidentiality
requirement constitutes a violation of this directive.
Disciplinary action taken as a result of illegal
discrimination,-~ia~„~~r; and/or retaliation will
become part of the personnel file of the offending
employee and is subject to public disclosures
pursuant to the Public Records Act.
Step 3. In instances where the allegation of illegal
discrimination and/or--harassn-unit-o~retaliation is
The investigation of a complaint will normally
include conferring with the parties involved and any
named or apparent witnesses. Tape-recorded
statements may be taken of any of all the individuals
involved. All employees will be guaranteed fair and
impartial treatment, and shall be protected from
coercion, intimidation, interference or discrimination
for filing a complaint or participating in an
investigation.
VIII. RESULT OF INVESTIGATION
After a full investigation, the Human Resources
Manager or the Village Manager, as the case may be,
or their investigative designee, will produce a written
report summarizing the investigation and reporting
his or her factual findings based upon the evidence
gathered. If a complaint of illegal discrimination
and/or retaliation is sustained, the offender may be
subject to disciplinary action, which may include up
te-termination from employment or removal from
assignment to work for the Village. The complainant
and the alleged offender will be notified in writing
regarding the outcome of the investigation.
Each supervisor is under a continuing duty to take
immediate remedial action to stop or prevent illegal
discrimination,--~a~s€~~~~t; and/or retaliation. If the
supervisor fails to take such action, and the conduct
in violation of this policyn~issen~luct was known, or
should have been known, to him or her, the
supervisor in question shall also be subject to
disciplinary action, which may include termination
from employment or removal from assignment to
work for the Village.
Even if the investigation fails to disclose the
existence of any illegal discrimination
h~are~ssm~.tand/or retaliation, the Village reserves the
right to ^~^^^~•Ttake appropriate action. Such
action may include counseling, a reminder of they
"~~'-s--this directive, or a written warning.
Additional mandatory training will be provided if, at
in the Village's discretion, such training is necessary.
If false charges are knowingly filed, sin3ilar
disciplinary action will be taken against any person
found to have brought a charge of ha; a~s,,.~nrillegal
discrimination and/or retaliation in bad faith.
Once an investigation has been concluded, the
Village will continue to monitor the employees
involved in illegal discrimination~;m-ass,~,~*, and/or
retaliation complaints to ens~~~-tl}at-neprevent future
incidents-ec-c-~~r.
DRAFTED:MRC/Dec 22, 2004/Filed: Harassment 3.4
APPROVAL:
MICHAEL COUZZO, MANAGER
TEQUESTA, FLORIDA
IX. FOLLOW-UP