(A) Outside employment.
(1) All outside employment must be reported to the employee’s supervisor. If, in the opinion of the supervisor and department head, the outside employment is interfering with the employee’s duties with the municipality, the employee shall be asked to resign from one place of employment. Continued unauthorized outside employment will be cause for dismissal.
(2) Outside employment is expressly prohibited if such employment is with an individual, company, or corporation that directly transacts business from which payment is received from the municipality.
(B) Alcoholic beverages and controlled substances.
(1) Alcoholic beverages, non-prescribed control substances as defined by state statutory law as from time to time amended, or any other intoxication substances are not to be consumed during working hours, break periods, or at any meals when the employee is returning to work after the meal during a regularly scheduled work shift, or when it is known or should reasonably be known that the employee will be working in addition to the regularly scheduled work shift.
(2) Any employee reporting to work at any time whose abilities have been impaired by, or is under the influence of, any alcoholic beverages, controlled substance, or other intoxicants shall be sent home immediately by his or her supervisor and shall not be entitled to pay or sick leave for such day.
(3) Violations of either divisions (B)(1) or (B)(2) above will be regarded as a major rule infraction and will be subject to appropriate disciplinary action.
(C) Anti-sexual harassment.
(1) It is the town’s intent to provide a working environment for all employees that is free from sexual harassment.
(2) Sexual harassment is a form of illegal sex discrimination which the town will not tolerate. Sexual harassment does not refer to occasional compliments of a socially acceptable nature. It refers to behavior that is unwelcome, personally offensive, and which interferes with our work effectiveness. The regulations of the Equal Employment Opportunity Commission define unlawful sexual harassment as follows.
“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 employment, (2) submission 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 reasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment”. |
(3) Examples of the conduct referred in division (C)(2) above, if unwelcome, may include, but are not limited to: verbal abuse of a sexual nature; verbal commentaries about an individual’s body; sexually degrading works used to describe individuals; displays of sexually suggestive objects or pictures; and using sexually-oriented or degrading gestures or other non-verbal communications.
(4) The town will not condone, permit, nor tolerate sexual harassment of employees in any manner whatsoever. Persons who engage in such harassment will be subject to appropriate discipline up to and including termination of his or her employment.
(5) Employees who believe they have been subjected to sexual harassment should immediately bring it to the attention of their department head, or Town Council. Similarly, if the employee has any question as to whether certain conduct is unlawful discrimination or harassment, the employee is encouraged to speak with either the department hear or Town Council. This is particularly true when it comes to sexual harassment, where what is offensive to one person may not be offensive to another. Consequently, it is important for the employee to let his or her feelings be known.
(6) Supervisors or department heads who receive complaints about sexual harassment or who are made aware of conduct constituting sexual harassment are required to immediately notify the Town Council.
(7) All complaints will be investigated promptly, and the existence and nature of the employee’s complaint will be disclosed only to the extent necessary to make a prompt and thorough investigation or as may be necessary to take appropriate corrective measures. In all cases, the person who initiated this procedure will be informed of the findings and disposition of the matter at the conclusion of the investigation. Further, management will ensure that there is no coercion, retaliation, intimidation, or harassment directed against any employee who registers a complaint or serves as a witness on behalf of another employee.
(8) The prohibitions against unlawful discrimination and harassment also may apply to non-employees with whom our employees come into contact in connection with their employment with us. Consequently, if the employee feels discriminated against or harassed (sexually or otherwise) by a non-employee, the employee should use the procedure outlined above.
(Ord. 4, 1998, passed 3-25-1998)