(a) Complaint Procedure. The following complaint procedure is established to investigate, hear, and resolve the complaints of City employees or applicants for employment in regard to sexual or other unlawful harassment.
(1) Any employee or candidate for employment who has been subjected to an incident of sexual or other unlawful harassment or discrimination should report the matter within five working days to his supervisor or if the supervisor is unavailable or it would be inappropriate to contact that person, then the employee or complainant should contact the Human Resources Director. Complaints of harassment or other discrimination will be handled and investigated under the City's dispute resolution policy, unless special procedures are considered appropriate.
(2) The supervisor, if authorized, should investigate the complaint or refer to the Human Resources Director for handling by a qualified investigator. If either the supervisor or the Human Resources Director attempts to resolve the complaint, they must give a written and dated summary of the complaint and decision to the employee/complainant, the Department head, if not also the supervisor, and the Chief of Staff within five working days.
(3) If the employee/complainant is dissatisfied with the decision of the supervisor, he or she may appeal the supervisor's decision to the Department head. The Department head will within five working days confer with the employee/complainant, the supervisor, and any other persons considered appropriate; investigate the issue(s) and communicate a decision in writing to all parties involved.
(4) If the employee/complainant is dissatisfied with the decision of the Human Resources Director or the Department head, an appeal may be filed with the Mayor within five days of receipt of the decision of the Human Resources Director or Department head. The Mayor will take the necessary actions to review and investigate the complaint and will then issue a decision at the City level within five working days.
The City's dispute resolution procedure generally has a maximum of three steps; however complaints may be resolved at any step in the process. Disputes will be processed until the earliest of the following events; the employee/complainant's concern is satisfied, the employee/complainant does not file a timely appeal, or the employee/complainant exhausts the right of appeal under this policy. A decision becomes binding at the City level, on all parties whenever an employee/complainant does not file a timely appeal or when a decision is made in the final step and the right of appeal no longer exists.
This dispute resolution procedure does not supersede any rights or remedies provided by state and federal laws, rules, or regulations. (New material appears in bold and underlined.)
(Ord. 2010-044. Passed 3-16-10; Ord. 2019-158. Passed 12-3-19.)