(a) Policy on Non-Discrimination. It is the policy of the City that its operation shall be conducted without discrimination or segregation because of race, color, religion, creed, national origin, sex, age, disability, handicap, religious beliefs, gender, ancestry, familial status, marital status, economic status, political affiliation, sexual orientation, sexual preference, gender identity/expression, pregnancy, or military status, except where there is a bona fide occupational qualification for the job or services to be provided.
(b) Equal Employment Opportunity.
(1) The City is an Equal Opportunity Employer. We provide equal opportunities in all employment positions regardless of race, color, religion, creed, national origin, sex, age, disability or any other legally protected classification.
(2) The policy applies to all areas of employment, including recruiting, hiring, training and development, promotion, transfer, termination, layoff, compensation, benefits, social and recreational programs, and all other conditions and privileges of employment in accordance with applicable federal, state, and local laws.
(3) Management is primarily responsible for seeing that the City's equal employment opportunity policies are implemented, but all employees are responsible for personal actions. These policies are effective and apply uniformly to everyone.
(4) Any employee, including managers, involved in discriminatory practices will be subject to strict disciplinary practices, including termination.
(c) Workplace Harassment/Discrimination Policy.
(1) It is the City's policy to afford all employees a workplace that is free from all forms of sexual, racial, religious, age, disability, or national origin harassment or discrimination. Such misconduct should be reported promptly, regardless of who originates it or participates in it, and regardless of whether it is oral, written, visual, or physical conduct. If such misconduct is found to have occurred, it will result in corrective action that the City determines is an appropriate resolution of the matter. The corrective action could range up to and include termination of the offender.
(2) Anyone who is the object of any such conduct or who observes any such activity should immediately report the matter to either his or her immediate supervisor or to any other member of the management staff without fear of reprisal.
(3) Each reported matter will be investigated under the direct supervision of the City Manager or his or her designee. After the investigation has been completed, a determination will be made by the City. Appropriate corrective action, up to and including termination of employment, will be taken if that is deemed the proper resolution of the matter.
(4) The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as follows: Unwelcome sexual advances (verbal and/or physical), requests for favors and other verbal and/or physical conduct of a sexual nature constitute sexual harassment when:
A. Submission to such conduct is either an explicit or implicit term or condition of employment (such as a promotion, job assignment, overtime opportunity, wage increase, etc.); or
B. Submission to or rejection of the conduct is used as a basis for making employment decisions; or
C. The conduct has the purpose or the effect of substantially interfering with an individual's work performance or creating a hostile or offensive work environment.
(5) Sexual harassment under this definition may range from sexual innuendo, perhaps in the guise of humor, to coerced sexual relations. It may include, but certainly is not limited to:
A. Sexual jokes or offensive sexual language
B. Unwelcome sexual references
C. Verbal harassment of a sexual nature
D. Subtle or direct pressure for sexual activity
E. Physical contact such as touching, patting, pinching, rubbing or squeezing
F. Leering at or ogling or other sexual references or comments about a person's body, appearance or clothing
G. Seeking sexual attention with implied or explicit threats or rewards
H. Displaying pictures or objects that have women and/or men as sexual objects
(6) Using and insisting upon good manners, professional behavior and the exercise of good sense will go a long way in avoiding and preventing the inappropriate conduct covered by this policy. Should there be any incident, however, which runs afoul of this policy, it should be reported immediately.
(d) Violence Prevention Policy/Concealed Weapon Policy.
(1) The City prohibits any behavior that could be construed as threatening, aggressive, confrontational, or violent. Prohibited activity includes any threatening behavior or acts of violence, including, but not limited to, conduct that is harassing, intimidating, presents a challenge to fight, constitutes veiled or direct threats, assaults or attempts to assault, or sabotage, or the use of any obscene, abusive, or threatening language or gestures.
(2) It is the policy of the City of New Carlisle that no employee or City Official, except an employee who is employed by the City as a peace officer, is to carry, convey or possess a deadly weapon or dangerous ordnance while on City premises or while engaged in City business. A valid license to carry a weapon does not authorize the licensee to carry a weapon while on City premises or City business.
(3) Employees and officials, except peace officers, are prohibited from conveying or attempting to convey a weapon in a City vehicle, into a City building, onto any City property, with the exception of those who act in accordance with R.C. §2923.126 or R.C. § 2923.12 or while conducting City business. Any employee violating this policy will be subject to disciplinary procedures and may also be subject to applicable criminal procedures. The City of New Carlisle will not defend or indemnify such actions by and City employee or official.
(4) Nothing in this section restricts the rights bestowed upon employees under R.C. § 2923.126 or R.C. § 2923.12. It is the responsibility of each employee to ensure he or she complies with the law.
(5) Any employee or official who becomes aware or who suspects any violation of these policies and procedures has a duty to report the situation to their supervisor or department head.
(6) For the purposes of this handbook, “Weapon or dangerous ordnance” means any firearm, whether loaded or unloaded; knife larger than an ordinary pocketknife; explosive; or other item or material that which is used to physically harm or threaten someone.
(7) An employee should warn their supervisor or manager immediately of any suspicious workplace activity or situations or incidents that they observe or that they are aware of that involve other employees, former employees, visitors or outsiders that appear threatening. This includes all incidents of threats of violence, harassment, intimidation, attempted assaults, assaults, challenges to fight, presence or suspected presence of weapons, fear of physical harm and potential violent incidents or concerns, whether involving a co-worker, supervisor, manager, visitor, acquaintance, family member, or outsider. Employees will not be retaliated against for making good faith reports under this policy. Failure to comply with this policy will be grounds for disciplinary action, up to and including discharge.
(e) Drugs and Alcohol.
(1) As stated in the City of New Carlisle codified ordinances, Appendix A attached hereto, it is the policy of the City to maintain a work environment that is safe for our employees, visitors and others having business with the City, and that is conducive to high work standards. To this end, the City prohibits the unlawful manufacture, distribution, dispensing, possession, sale or use of a controlled substance in the workplace or while engaged in City business on or off the City premises. It is also against the City policy for any employee to report to work with drugs or alcohol in their system. Further, such conduct is prohibited during non-working time to the extent that, in the City's opinion, it impairs an employee's ability to perform on the job or threatens the reputation or integrity of the City. Candidates for positions with the City may be required to undergo a pre-employment drug screening.
(2) Excepted from this policy are prescription drugs being used upon the advice of a physician. Nevertheless, the City expects all employees to refrain from conduct that would compromise safety.
(3) The City requires every employee to comply with this policy. Because of the importance of this policy, the City may take steps to ensure that it is being followed. These steps may include, but are not limited to, reasonable searches, drug screen tests and confiscation of prohibited items and substances. Any employee found to be in violation of this policy will be subject to disciplinary action, up to and including discharge. Any employee who refuses to submit to a drug screen test, or who is found to have identifiable traces of an illegal drug or other prohibited substance in his or her system, or more than the legal limit of alcohol, regardless of when or where the alcohol, drug or substance entered the employee's system, will be subject to disciplinary action, up to and including discharge.
(4) For more in depth details regarding this policy, please refer to Appendix A following this chapter.
(f) Confidential Information.
(1) Unauthorized disclosure of private, confidential information may result in liability to the City as well as to the individual.
(2) Unlike a private business, the City is subject to the Public Records Act. The Public Records Act requires us to make certain records available to the public upon request. Any employee having doubts about whether a request for information involves private information which should be kept confidential, or public records which need to be disclosed, should contact the City Manager.
(Ord. 07-17. Passed 5-21-07; Ord. 17-33E. Passed 9-5-17; Ord. 2020-30. Passed 9-21-20; Ord. 2020-47. Passed 1-4-21.)