(a) The council and each council office shall comply with the procedures of this section, which relate to the receipt, investigation, and resolution of complaints of sexual harassment.
With respect to an alleged victim or alleged offender who is an officer or employee covered by a collective bargaining agreement, the procedures of this section shall be additional to any grievance or other procedures in the agreement.
The council and each council office shall inform its officers and employees of the procedures of this section.
(b) The council and each council office shall allow an alleged victim to make an informal or formal complaint of sexual harassment as follows:
(1) If the alleged victim is an officer or employee, the making of a complaint to the:
(A) Alleged victim’s immediate supervisor or, if the immediate supervisor is the alleged offender, to the next higher supervisor;
(B) Councilmember employing the alleged victim;
(C) Head or equal employment opportunity officer of the council office employing the alleged victim;
(D) Council chair; or
(E) City’s equal employment opportunity officer; or
(2) If the alleged victim is an individual under consideration for city employment or an individual engaged in business or other activity with the city, the making of a complaint to the:
(A) Alleged offender’s immediate supervisor;
(B) Councilmember employing the alleged offender;
(C) Head or equal employment opportunity officer of the council office employing the alleged offender;
(D) Council chair; or
(E) City’s equal employment opportunity officer.
(c) The council and each council office shall allow an alleged victim to make an informal complaint verbally or in writing. When making the complaint, the alleged victim shall name the alleged offender and state the nature and circumstance of the alleged sexual harassment.
The officer or employee receiving the complaint or the council office equal employment opportunity officer, or both, shall promptly investigate the complaint. The investigation shall be conducted in an unbiased, fair, and discreet manner with appropriate safeguards to maintain confidentiality and protection from embarrassment. During the investigation, the investigating officer or employee shall allow the alleged offender to respond to the complaint.
The investigation shall be completed within 10 working days after the making of the complaint, unless additional time for completion is considered justified and approved by the city’s equal employment opportunity officer. If the complaint is deemed true, the offender shall be notified of the sexual harassment and disciplined by a warning not to sexually harass or retaliate against the victim and, if deemed warranted, other disciplinary action imposed in accordance with § 1-17.7. If the complaint is deemed false or unsupported by the evidence, the complaint shall be dismissed. A written report shall be prepared on each informal complaint and the findings and results of the investigation.
(d) The council and each council office shall allow an alleged victim to make a formal complaint:
(1) Without first making an informal complaint; or
(2) While an investigation or resolution of an informal complaint is pending if the alleged victim desires to make the formal complaint.
The complaint shall be in writing, name the alleged offender, and state the nature and circumstance of the alleged sexual harassment.
A team of officers and employees shall promptly investigate the complaint. The team shall be selected by the council chair if the chair received the complaint. Otherwise, the team shall be selected by the officer employing the alleged offender or, if that officer is the alleged offender, by the city’s equal employment opportunity officer. The team shall include at least one member of each gender. At least one council office or departmental equal employment opportunity officer shall be on the team. Selected officers and employees may be from the council, any council office, or any department.
The investigation shall be conducted in an unbiased, fair, and discreet manner with appropriate safeguards to maintain confidentiality and protection from embarrassment. During the investigation, the team shall allow the alleged offender to respond to the complaint.
The investigation shall be completed within 10 working days after the filing of the complaint, unless additional time for completion is considered justified and approved by the city’s equal employment opportunity officer. If the complaint is deemed true, the offender shall be notified in writing of the sexual harassment and disciplined by a warning not to sexually harass or retaliate against the victim and, if deemed warranted, other disciplinary action imposed in accordance with § 1-17.7. If the complaint is deemed false or unsupported by the evidence, the complaint shall be dismissed. A written report shall be prepared on each formal complaint and the findings and results of the investigation.
(e) (1) The council and each council office shall maintain the confidentiality of the alleged victim and alleged offender during an investigation of an informal or formal complaint; provided that the names of the alleged victim and alleged offender may be revealed to the following:
(A) Each other;
(B) Any officer or employee investigating a complaint;
(C) If the alleged victim or alleged offender is employed by a councilmember, the council chair and that councilmember;
(D) If the alleged victim or alleged offender is employed by a council office, the council chair and head of that council office;
(E) The city’s equal employment opportunity officer;
(F) Any witness to the alleged sexual harassment under investigation; and
(G) Any other person to whom revealing the names is necessary to conduct the investigation.
(2) The council and each council office also shall maintain the confidentiality of the written report on a complaint and investigation. Inspection of the report shall be permitted only by the following:
(A) The parties to the complaint;
(B) Officers or employees involved in the management, supervision, or disciplining of the parties to the complaint;
(C) The city’s equal employment opportunity officer; and
(D) Other persons authorized by law or ordinance.
(f) The council and each council office may establish procedures and provisions additional to, but consistent with, the procedures of this section. The additional procedures and provisions shall be established separately by the council and each council office, unless the council chair determines that uniform procedures and provisions are desirable. If so determined, the additional procedures and provisions shall be uniform among the council and each council office.
Adoption of the additional procedures and provisions by rules under HRS Chapter 91 shall not be required.
(1990 Code, Ch. 1, Art. 17, § 1-17.5) (Added by Ord. 93-84)