HomeMy WebLinkAboutORD541ORDINANCE NO.541
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE BY
AMENDING CHAPTER 3,ADMINISTRATION,ARTICLE 3-10 PERSONNEL
SYSTEM,PERTAINING TO SEXUAL HARASSMENT,RENUMBERING TO CONFORM,
REPEALING ANY CONFLICTING PROVISIONS,PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,AS FOLLOWS:
SECTION I IN GENERAL
That Chapter 3,ADMINISTRATION,Article 3-10,PERSONNEL SYSTEM,be
amended to read as follows:
ARTICLE 3-10,PERSONNEL SYSTEM
A.That certain document entitled Personnel Policies,City of
Apache Junction,be amended to include the following:
RULE XIX.SEXUAL HARASSMENT
SECTION 1.Sexual Harassment Defined:
Sexual Harassment i s defined as any unwelcome sexual advances,
requests for sexual favors,or other verbal or physical conduct of
a sexual nature when:
1.Submission to such conduct is made either expli-
citly 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 the basis for employment
decisions affecting such individual,or
3.Such conduct has the purpose or effect of unreaso-
nably interfering with an individual's work per-
formance or creating an intimidating,hostile,or
offensive working environment.
SECTION 2.Policy:
Sexual harassment,as defined i n Section 1,is prohibited.
The Personnel Office shall be responsible for formally notifying
all employees,division heads,and department heads of the
existence of this policy.
The City Manager and the Department Heads are responsible for
creating an atmosphere i n which sexual harassment is completely
out of place,taking immediate and appropriate corrective action
in response to any confirmed violation of this policy,and
assuring that no reprisals are taken against either those who
complain or corroborating witnesses.
The Personnel Officer is responsible for auditing the operation of
this policy,providing counsel,and resolving any unsettled
questions which may arise from this policy.
ORDINANCE NO.541
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SECTION 3.Initiating a Complaint:
Employees who feel they have been sexually harassed shall imme-
diately contact i n confidence either:
1.The City Manager/Personnel Officer,or
2.The Department Head
When a Department Head receives a complaint of sexual harassment
from an employee,the Department Head shall immediately notify the
City Manager/Personnel Officer.
In the event the accusation of sexual harassment i s made against
the City Manager by an employee directly supervised by the City
Manager the complaint shall be made directly to the City Council
who shall be committed to investigating the complaint and taking
immediate appropriate corrective action of any confirmed viola-
tion.
SECTION 4.Reprisal Prohibited:
The City of Apache Junction i s committed to thoroughly investi-
gating each complaint and to taking immediate appropriate
corrective action on all confirmed violations of this policy.
The City Manager/Personnel Officer and the appropriate Department
Head are responsible for thoroughly investigating and resolving
any complaints.
SECTION 5.Appeal of Determination:
Employees who are dissatisfied with the investigator's deter-
mination of a sexual harassment complaint may appeal the deter-
mination directly to the Personnel Board.
SECTION 6.Reprisal Prohibited:
The City of Apache Junction will not allow any reprisal in any
form by any employee,supervisor,or department/division head
against any complaining employee or corroborating witness.
SECTION II.REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provi-
sions of this ordinance or any part of the Code adopted herein by reference
are hereby repealed.
SECTION III.PROVIDING FOR SEVERABILITY
I f any section,subsection,sentence,clause,phrase,or portion
of this ordinance or any part of the Code adopted herein by reference is,
for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction,such decision shall not affect the
validity of the remaining portions thereof.
ORDINANCE NO.541
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PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,THIS 21ST DAY OF OCTORFR ,1986.
SIGNED AND ATTESTED TO THIS 23RD DAY OF OCTOBFR ,1986.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
Av AtEXAlltVr—City Attorney
NORMAN S.HILL
Mayor
ORDINANCE NO.541
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