§ 34.022 SEXUAL HARASSMENT; DEFINITION.

   (A)   Sexual harassment deserves special mention.

   (B)   Inappropriate sexual advances, requests for sexual favors and other physical, verbal or visual conduct based on sex constitutes sexual harassment when:

      (1)   Submission to the conduct is either explicitly or implicitly made a term or condition of an individual’s employment;

      (2)   Submission to or rejection of the conduct by an individual is used as a basis for employment decisions affecting the individual; or

      (3)   The conduct has the purpose or effect of reasonably interfering with an individual’s work performance, or creating an intimidating, hostile or offensive working environment.

   (C)   SEXUAL HARASSMENT may include explicit sexual propositions, sexual innuendo, suggestive comments, sexually-oriented “kidding” or “teasing,” “practical jokes,” jokes about gender-specific traits, foul or obscene language or gestures, displays of foul or obscene language or gestures, displays of foul or obscene printed or visual material and physical contact such as patting, pinching or brushing against another’s body.

(2001 Code, § 31.022) (Ord. passed 1-14-2000)

§ 34.023 COMPLAINT PROCEDURES.

   (A)   All employees shall be responsible for helping to assure the county avoids harassment and shall have the responsibility for reporting any occurrence of harassment or sexual harassment. Employees encountering harassment shall tell the offending person that his or her actions are inappropriate and offensive. The employee shall document all incidents of harassment in order to provide the fullest basis for investigation. If a person feels that he or she has experienced or witnessed harassment, he or she shall notify either the supervisor or department head. If the person involved in the harassment is the supervisor or department head, the employee shall report the situation to the Judge/Executive or the constitutional officer who governs the agency. If the person involved in the harassment is the Judge/Executive or the constitutional officer who governs the agency, the employee shall report the situation to the County Attorney. Reports are to be made as soon as practicable within 24 hours, and preferably in writing. Oral reports, however, shall also be taken in the case of unusually sensitive circumstances.

   (B)   The county’s policy is to investigate all complaints. To the fullest extent practicable, the county shall keep complaints and the terms of their resolution confidential. If an investigation confirms that harassment has occurred, the county will take corrective action and disciplinary action in accordance with the nature and extent of the offense. Except as set forth in § 34.024, the county prohibits retaliation against any employee bringing a claim of sexual harassment.

(2001 Code, § 31.023) (Ord. passed 1-14-2000)

§ 34.024 FALSE ACCUSATIONS POLICY.

   While the county does not want to stifle an employee’s right to bring good faith complaints of harassment or sexual harassment in any way, the county also recognizes that false accusations of harassment and sexual harassment can have a serious effect on innocent men and women. Accusations which, after investigation, are determined to be intentionally false, or otherwise malicious in intent may result in appropriate disciplinary action against the accuser.

(2001 Code, § 31.024) (Ord. passed 1-14-2000)

§ 34.025 EMPLOYEE INQUIRY PROCEDURE.

   The county encourages any employee to raise questions he or she may have regarding the harassment or sexual harassment policy with his or her immediate supervisor, department head or the Judge/Executive.

(2001 Code, § 31.025) (Ord. passed 1-14-2000)

EMPLOYMENT PROCESS

§ 34.040 ANNOUNCEMENT OF POSITION.

   (A)   Announcement of a position shall include such information as to where to apply, deadlines for application, the title and pay ranges for the position, summary of duties of the position and the position qualifications required. All written announcements of a position shall contain the following statement: “An Equal Opportunity Employer M\F\D.”

   (B)   Announcements for newly established or existing positions shall be made public in a newspaper of general circulation in the area. The county’s work force shall be notified by posting of job vacancies or newly established positions in a conspicuous place to which all employees have access. Employees’ requests for consideration for the positions shall be made to the Judge/Executive or appropriate constitutional officer in writing.

(2001 Code, § 31.035) (Ord. passed 1-14-2000)

§ 34.041 APPLICATIONS.

   (A)   Official application forms supplied by the county and completed by the applicant shall require legally authorized:

      (1)   Information about the applicant’s training and experience;

      (2)   References and signed release form; and

      (3)   Whatever additional information is required for an evaluation of the applicant’s fitness for the position for which he or she applies.

   (B)   Each application shall be reviewed by the Judge/Executive or appropriate constitutional officer and other persons as deemed appropriate.

   (C)   No person may be appointed to a position unless verified information on an official application form indicates that the person meets the required qualifications set forth in the position description for the position.

   (D)   All application forms filed with the county shall be kept by the executive authority, or his or her designee, for the time required by law.

   (E)   All applicants shall be given a copy of the position description describing the job requirements and necessary qualifications.

(2001 Code, § 31.036) (Ord. passed 1-14-2000)