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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.)
147.06 DEFERRED COMPENSATION.
   (a)   The Village hereby adopts a Plan under the Ohio Public Employees Deferred Compensation Program, and shall properly contract with any “eligible employee” who desires to participate in the Plan. The Village of Sebring’s Plan shall be the uniform Plan as promulgated by and as amended from time to time by the Ohio Public Employees Deferred Compensation Board.
   (b)   The Board is hereby authorized to administer the Plan under the Program, and to do all things necessary or proper for the administration of the Plan, consistent with the Enabling Statutes and all the Rules and Regulations promulgated by the Board, whether by the Ohio Administrative Code or otherwise, and consistent with the Program Adoption Agreement executed by the Village.
   (c)   The Municipal Manager is hereby appointed the Responsible Official and is authorized and directed by the Governing Body to execute the Program Adoption Agreement.
   (d)   Consistent with the Program Adoption Agreement and the Rules and Regulations promulgated by the Board, the proper officials, officers, employees, and agents of the Village are authorized to provide the Board with any information they may properly require for the administration of the Plan under the Program.
(Res. 1008-97. Passed 8-25-97.)
147.07 CELL PHONE USE POLICY.
   The goal of the Village’s Cell Phone Policy is to ensure fiscal control and accountability for the cell phones issued in the name of the Village of Sebring. This policy has been developed to ensure that users of these cell phones understand their responsibilities and proper use.
   (a)   Purposes and Uses. The Village has obtained cell phones for designated Village employees and/or departments. These cell phones were obtained to provide communication for the Village business and for emergency communication only. Unauthorized calls or use billed to the Village will be the responsibility of the person to whom the cell phone is issued to; and may result in disciplinary action.
   (b)   Issuance of Cell Phones. The Village Manager will designate Village employees to whom cell phones shall be issued. The Village Manager will allocate a cell phone to the designated Village employee. The Village employee will be required to sign a receipt for the cell phone and a copy of this policy.
   (c)   Return of Cell Phone. Individuals receiving a Village cell phone shall return the cell phone to the Village Manager in the same working condition it was received when the Village Manager requests the return of the cell phone. If an individual fails to return the cell phone to the Village Manager, the Village Manager will report the cell phone lost, destroyed or stolen as appropriate. If an individual fails to return a cell phone as agreed, the individual may be held responsible for all charges incurred after the cell phone was reported lost, damaged or stolen, as well as all charges incurred by the Village related to the cancellation of the cell phone.
   (d)   Lost, Damaged or Stolen Cell Phones. If a Village employee loses a cell phone, has come to believe the cell phone is damaged or destroyed, or believes the cell phone was stolen, the employee must report the same immediately to the Village Manager.
   (e)   Payment of Bills.
      (1)   The Sebring Finance Department will receive the cell phone bills as set by the cell phone service. If personal calls, unapproved charges or other improper charges are identified on the bill, a statement indicating these charges and the amounts will be prepared and forwarded to the designated employee. Payments of the amounts indicated must be made within ten days.
      (2)   As a condition of receiving a cell phone, the individual using the cell phone agrees to reimburse the Village of Sebring for all personal calls, unapproved charges, or other improper charges as determined above. Failure to reimburse the Village may subject the individual to additional charges for interest expense incurred by the Village.
   (f)   Violations. The Village reserves the right to use all legal means available to collect amounts due the Village pursuant to this policy. Individuals failing to make this reimbursement or otherwise abide by this policy, will be reported to their department head and the Village Manager for disciplinary action, and possible legal action.
      (Ord. 22-06. Passed 5-22-06.)
147.08 CREDIT CARD USE POLICY.
   EDITOR’S NOTE: Pursuant to Resolution 05-2019, passed February 25, 2019. Council enacted a Credit Card Policy, a copy of which is attached to the Resolution as Exhibit A.
147.09 COMPUTER, E-MAIL AND INTERNET USE POLICY.
   (a)   E-Mail Internet Privacy. The purpose of this policy is to provide guidelines regarding the personal responsibility of Village employees using the Internet, electronic mail services and online services.
   (b)   General Understandings.
      (1)   Access to computer systems and networks owned or operated by the Village of Sebring imposes certain responsibilities and obligations on Village employees and officials (hereinafter termed “users”) and is subject to Village policies and local, state and federal laws. Acceptable use always is ethical, reflects honesty and shows restraint in the consumption of shared resources. It demonstrates respect for intellectual property, ownership of information, system security mechanisms, and the individual’s rights to privacy and freedom from intimidation, harassment and unwarranted annoyance.
      (2)   Users may be subject to limitations on their use of the computer systems and networks as determined by the appropriate supervising authority.
      (3)   Use of computer systems and network services provided by the Village of Sebring may be subject to monitoring for security and/or network management reasons. Users of these services are therefore advised of this potential monitoring and agree to this practice.
      (4)   Users who violate any copy right declarations are acting outside the course and scope of their employment or other authority. Therefore, the Village of Sebring is relieved of any legal responsibility. Users will be personally responsible and liable for such infringing activities.
      (5)   By participating in the use of computer systems and network services provided by the Village, users agree to be subject to and abide this policy for their use. Willful violation of the principles and provisions of this policy may result in disciplinary action.
      (6)   This document may updated on an as-needed basis and is subject to annual review.
      (7)   Be aware that all users should not expect privacy when using the Department’s information systems. All messages are under Department and Village jurisdiction and the Department and/or Village reserves the right to access and disclose all messages sent over its information systems.
      (8)   Some simple rules for computer users are as follows.
   (c)   Users shall:
      (1)   Use the network only for official Village business and access only files and data that are their own, that are publicly available, or to which they have authorized access. “Official Village Business” for education and research purposes by entities established specifically for such purposes may be more broadly interpreted in accordance with guidelines developed by such entities.
      (2)   Refrain from monopolizing systems, overloading networks with excessive data or wasting computer time, connect time, disk space, printer paper, manuals or other resources.
      (3)   Protect their department station and system from unauthorized use.
      (4)   Assume responsibility for any charges associated with billable services unless appropriate authorization has been obtained.
   (d)   Users shall not:
      (1)   Use the computer systems and networks for unauthorized, illegal, unlawful or immoral purposes. Examples of this would be the transmission of violent, threatening, defrauding, obscene, harassing or otherwise illegal or unlawful materials.
      (2)   Use mail or messaging services to harass, intimidate or otherwise annoy another person. This means never display or transmit sexually explicit images, messages or cartoons, or any communications that contain ethnic slurs, racial epithets or anything that may be construed as harassment or disparagement of others based on their race, national origin, sex, sexual orientation, age, disability or religious or political beliefs. Violation will result in severe disciplinary action up to and including termination.
      (3)   Use the computer systems or networks for private, recreational or nonpublic purposes including the conducting of personal commercial transactions.
      (4)   Use the computer systems or networks to solicit or proselytize others for commercial ventures, religious or political causes, outside organizations or other non-job related solicitations.
      (5)   Use the computer systems or networks or other Village equipment for personal gain such as providing access to a computer system or network or by performing work with Village resources in a manner not authorized by the Village.
      (6)   Use the computer systems or network to other users, services or equipment. Disruptions include, but are not limited to, distribution of unsolicited advertising, propagation of computer “worms” and viruses, and sustained high volume network traffic, which substantially hinders others in their use of the network.
      (7)   Attempt to circumvent or subvert system or network security measures.
      (8)   Intercept computer traffic for any purpose unless engaged in authorized administrative duties.
      (9)   Make or use illegal or unauthorized copies of copyrighted software or other mediums, store such copies on Village system, or transmit them over the Village computer systems or networks.
      (10)   Attempt to gain access to another employee’s personal file of e-mail messages without the latter’s express written permission. However, the Village reserves the right to enter an employee’s computer or e-mail files whenever there is a business need to do so, as determined by the Village Manager. (Ord. 24-06. Passed 5-22-06.)
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