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147.03 COMPENSATION FOR ACTING DEPARTMENT/DIVISION HEAD.
   In the event of the death, resignation, illness, leave of absence, removal or other vacancy, whether permanent or temporary, of the executive head of any Municipal department or any duly established subdivision thereof; and, in the further event that the Manager designate some other employee of such department/division to be acting executive head of the department/division, and to discharge the office and duties of the executive head of the department/division until the duly appointed department/division head resumes his duties or until another regular department/division head is appointed and qualified according to law; then, in such event, the employee so designated as acting department/division head shall receive from the Municipality as and for his compensation as such acting department/division head the salary established by Council for the position which such employee is temporarily filling.
147.04 FULL- AND PART-TIME CLASSIFICATION.
   (a)   All employees of the Municipality shall be classified on the payroll and personnel records of the Municipality as either full-time or part-time employees.
   (b)   Each full-time and part-tine employee of the Municipality shall be compensated and shall receive such additional benefits, if any, which may be provided by the current compensation ordinance, other applicable ordinances, and the general personnel policies of the Municipality in effect from time to time. (Ord. 1151-77A. Passed 3-28-77.)
   (c)   “Full-time employee” means an employee who is hired to work more than an average thirty-two hours per week on a regular basis; “part-time employee” means an employee who is hired to work an average of thirty-two hours or less per week on a regular basis.
147.05 SEXUAL HARASSMENT POLICY.
   (a)   The Municipality hereby adopts a policy to prohibit harassment of Municipal employees and prospective employees in the Classified Service as well as the Unclassified Service on the basis of sex or sexual orientation within or outside the work environment.
   (b)   Sexual harassment shall mean any sexual advances, requests for sexual favors or other verbal or physical conduct, printed or written material, photograph, or photographs or audio tape, or poster of a sexual nature when any of the following apply:
      (1)   Submission to such conduct is made either explicitly or implicitly a term or condition of any employee’s employment;
      (2)   Submission to or rejection of such conduct by an employee is used as a basis for employment decisions affecting the employee; or
      (3)   Such conduct has the purpose or effect of interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
   (c)   Sexual harassment includes any forms and is not limited to verbal, non-verbal or physical contact. Sexual harassment shall include, but is not limited to, repeated sexual flirtations; advances or propositions; continued or repeated commentaries about an individual’s body; offensive sexual language and the display in the work environment of sexually suggestive pictures or objects.
   (d)   Any employee who believes that he or she has been discriminated against or sexually harassed is encouraged to report it immediately to his or her immediate Department Head, or the Municipal Manager or the Municipal Solicitor. The Municipality shall make every reasonable effort to resolve the complaint and protect the confidence of the employee within the limits of federal and State law. No employee will suffer any economic loss or retaliation for initiating investigations or lodging complaints.
   (e)   If it is determined through consultation with the Solicitor that sexual harassment is established, the Manager shall take an appropriate corrective action, including discipline, time-off without pay, and up to and including termination in the Classified Service as well as the Unclassified Service.
   (f)   If the employee is not satisfied with the resolution of his or her complaint, the employee may exercise all remedies available through Chapter 4112: Civil Rights Commission and Title VII of the Civil Rights Act and the common law.
   (g)   The Manager shall establish forms necessary and make the same available to all employees during regular business hours for filing a complaint alleging sexual harassment.
   (h)   This section shall not supersede the Division of Police Policy of Sexual Harassment as now enacted on August 22, 1994; but shall serve to supplement said Policy and clearly establish a general policy of prohibiting sexual harassment in the work environment in all the Municipal Departments, whether in the Classified Service or Unclassified Service. Any Division of Police employee may follow and use the procedure outlined in the Division of Police Manual or use the procedure outlined in this Resolution.
(Res. 978-96. Passed 9-9-96.)
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