Chapter 3.08
COMPLIANCE PROGRAMS

Sections:

3.08.010    Americans With Disabilities Act (ADA) and Arizona Civil Rights Act

3.08.020    Policy Against Harassment

3.08.030    Drug-Free Workplace Policy

3.08.040    Affirmative Action

3.08.050    Safety

3.08.060    Smoking

3.08.010 Americans With Disabilities Act (ADA) and Arizona Civil Rights Act

A.    Purpose. In compliance with the Americans with Disabilities Act (ADA) of 1990 and the Arizona Civil Rights Act (ACRA), the following policy and procedures shall be applicable to all position classifications (non-management and management) within the city employment.

B.    ADA–Nondiscrimination. The city maintains nondiscrimination in recruitment, employment, job assignment, compensation, benefits, performance evaluation, promotion, demotion, training, leaves, layoffs, terminations and in other actions and practices affecting applicants and employees. Also, the city does not discriminate against applicants or employees due to their relationship or association with an individual with a known disability. The city does not discriminate against employees nor prospective employees with known legally protected disabilities. Legally protected disabilities include:

1.    A physical or mental impairment that substantially limits one or more major life activities;

2.    Having a record of such an impairment; or

3.    Being regarded as having such an impairment.

C.    Reasonable Accommodation.

1.    When a qualified applicant or employee with a protected disability makes the city aware of the need for an accommodation, the city will engage in an interactive process with the applicant or employee and consider requests for reasonable accommodation to the known physical or mental limitations of the applicant where necessary to (a) ensure equal opportunity in the application process, (b) enable a qualified individual with a disability to perform with essential functions of the job, or (c) enable an employee with a protected disability to enjoy equal benefits and privileges of employment.

2.    Potential reasonable accommodation(s) will be evaluated based on their effectiveness in facilitating safe and successful job performance.

3.    The city will not undertake accommodation(s) that would cause or result in an undue hardship to the city. The city will undertake those reasonable accommodations required by law.

D.    Reassignment of Current Employees.

1.    In the event that the employee’s disability is covered under the ADA and/or ACRA, reasonable accommodation(s) will be considered.

2.    If a qualified employee with a protected disability is not able to perform his/her essential job duties with or without a reasonable accommodation, the employee will be considered for other current job openings with the same classification and grade for which the employee is qualified.

3.    If there are no current job openings in the same classification and grade for which the employee is qualified, the employee will be considered for other available positions for which the employee is qualified and which employee is able to perform with or without a reasonable accommodation even if the position is not in the same job classification and grade.

4.    In the event a position is offered but refused by the employee, the employee’s employment will be terminated.

5.    In the event that there are no positions for which the individual is qualified or may be accommodated, the employee will be placed on the appropriate reemployment list. (See Section 3.20.060.)

E.    Responsibility. It shall be the responsibility of the City Manager to designate a Disability Coordinator to assure that this policy is adhered to.

1.    If an employee or prospective employee believes he/she has a legally protected disability and feels he/she has been discriminated against due to that disability or feels that he/she has been discriminated against due to a relationship or association with an individual with a known disability, he/she is to contact:

Disability Coordinator

City of Winslow

21 Williamson Ave.

Winslow, Arizona 86047

Phone # (928) 289-2422

2.    All complaints will be treated confidentially and investigated carefully. Each employee or prospective employee will be notified within a reasonable time as to the outcome of the investigation and any action that will be taken as a result.

3.    An employee or prospective employee will in no way be adversely affected by reporting his/her concern to the Disability Coordinator.

F.    Request for Reasonable Accommodation.

1.    If an employee or prospective employee has a disability that is covered by the ADA and/or the ACRA, he/she may request reasonable accommodation for four purposes:

a.    To complete the preemployment application process;

b.    To take examination(s);

c.    To perform essential functions of the job;

d.    To have the same benefits and privileges of nondisabled employees.

2.    To file a request for reasonable accommodation, the employee or prospective employee should contact the personnel director/officer. This request should be submitted in writing.

3.    As a critical component of the reasonable accommodation process, the employee may be required to provide medical certification of his/her disability to the Human Resources Director, and/or to facilitate communication between his/her treating physician and the Human Resources Director. (Ord. 1129 (part), 2010; Ord. 883, 2002; Ord. 859, 2001; Ord. 670 § 1(201), 1995)

(Manual, Amended 08/15/01)

(Manual, Amended, 04/22/2002)

3.08.020 Policy Against Harassment

A.    The City believes that its employees should be able to work in an atmosphere free from all forms of harassment. Therefore, it is the City’s policy to prohibit all types of harassment, including harassment based on sex, race, color, religion, national origin, age, disability or veterans status. This policy extends to each and every level of our operations. Accordingly, harassment, whether by a fellow employee, a customer, a guest, or a member of management will not be tolerated.

B.    Definition. Harassment is unwanted and unsolicited verbal or physical conduct relating to an individual’s sex, race, color, religion, national origin, age, disability, or veteran status when this conduct: (1) has the effect of creating an intimidating, hostile or offensive working environment; (2) has the effect of unreasonably interfering with an individual’s work performance; or (3) otherwise adversely affects an individual’s employment opportunities. Some examples of conduct that may constitute prohibited harassment include: slurs, jokes, cartoons, stereotypes, statements, etc., based upon sex, race, color, religion, national origin, age, disability, or veteran status.

C.    Policy Against Sexual Harassment.

1.    It is illegal and against the city’s policy for any employee, male or female, to harass another employee by making unwelcome sexual advances; requesting or offering sexual favors or other verbal or physical conduct of a sexual nature when (a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (b) an individual’s submission to or rejection of such conduct is used as the basis for an employment decision affecting the individual, or (c) the effect of such conduct is to substantially interfere with the affected individual’s work performance or to create an intimidating, hostile or offensive working environment.

2.    Some examples of behavior that may be construed as sexual harassment include such actions as unwelcome sexual advances, propositions, sexually suggestive gestures, sexual jokes, touching, physical assault, sexually explicit or suggestive objects or pictures, references to a person’s body parts, requests for sexual activity, and/or sexually explicit conversation. However, conduct or actions that arise out of a personal or social relationship and that are not unwelcome or intended to have a discriminatory employment effect may not be viewed as harassment. The city will determine whether such conduct constitutes sexual harassment based on a review of the facts and circumstances of each situation.

3.    The city will not tolerate any sexual harassment of its employees. All employees, including supervisors and managers, will be subject to severe discipline, up to and including termination, for committing any act of sexual harassment.

D.    Complaint Procedure.

1.    An employee who feels victimized by sexual harassment should report the harassment to his/her supervisor immediately. If the worker’s immediate supervisor is the source of or a party to the alleged harassment, the employee should report the problem to the supervisor’s superior or to the Human Resources Director. The Human Resources Director shall promptly notify the City Manager of the general nature of the complaint. A job applicant who believes he or she has been a victim of sexual harassment may file a complaint with the Human Resources Director.

2.    No employee will be subject to any form of retaliation or discipline for pursuing, in good faith, a sexual harassment complaint. Any employee found guilty of retaliation will be disciplined.

E.    Investigation Procedure. Upon receipt of a complaint alleging harassment, the department head or supervisor will promptly notify the Human Resources Director. The department head and the Human Resources Director will promptly and properly investigate the complaint. The Human Resources Director will work with the department to obtain and evaluate all relevant evidence with respect to what has occurred and determine what remedy is appropriate. If there is reasonable cause to believe that sexual harassment occurred, recommendations will be made by the department head for specific remedial and disciplinary actions. The complainant and the party charged will be notified of the findings.

F.    Discipline.

1.    The type of discipline to which an employee will be subject for sexually harassing another employee will depend on the severity of the finding. Discipline may range from verbal counseling to dismissal. If the discipline is a suspension, pay reduction, demotion or dismissal, the employee will be advised of his/her right to appeal, if any, the action under these personnel rules and regulations. The City Manager and the Human Resources Director will determine the appropriate discipline on a case-by-case basis. (See Section 3.20.130.)

2.    The City Manager has the authority to reassign any employee to minimize conflict created by a sexual harassment charge. If reasonable cause has been found that sexual harassment has taken place and that a reassignment is the best solution, every effort will be made to transfer the offending employee rather than the complainant unless the complainant chooses to be transferred. If reassignment is not practical, the department head will monitor the situation for evidence of retaliation and/or continued inappropriate behavior.

G.    Confidentiality. All complaints shall be kept as confidential as possible, except to satisfy the provisions of this rule. Employees who are involved with, witness or are aware of investigations are expected to maintain the same level of confidentiality. The use of this complaint procedure will in no way affect employee rights.

H.    Harassment of any kind (e.g., verbal, physical, mental, etc.) will not be tolerated at any time by the city. Any employee who feels that he/she has been harassed in any such manner may follow the above provisions of this policy as outlined in subsections A through F of this section. (Ord. 1129 (part), 2010; Ord. 883, 2002; Ord. 859, 2001; Ord. 670 § 1(202), 1995)

(Manual, Amended, 04/22/2002; Manual, Amended, 08/15/2001)

3.08.030 Drug-Free Workplace Policy

A.    Policy. The city seeks to have a drug-free workplace in accordance with the Drug-Free Workplace Act of 1988. The city condemns the use of any controlled substance (illegal drug) and/or any abuse of legal drugs or alcohol by its employees on or off duty. It is the right, obligation and intent of the city to maintain a safe, healthful and efficient working environment for all of its employees and to protect city facilities, property and operations. Use of any controlled substance or alcohol or abuse of legal drugs by city employees in the workplace poses unacceptable risks for safe and efficient city operations.

The unlawful manufacture, distribution, possession or use of a controlled substance or alcohol and/or abuse of any legal drug is prohibited on the premises of the city. Appropriate disciplinary actions, which may include dismissal, will be taken against city employees for violations of this prohibition. (Controlled substance as defined by state or federal legislation.)

B.    Any employee who has been arrested, charged or indicted for any such offense in relation to this policy may be suspended with pay, immediately, until the case is resolved or appropriate personnel action has been taken.

C.    As a condition of employment, each city employee must:

1.    Abide by the terms of this statement; and

2.    Notify his/her immediate supervisor if he/she has been arrested for, charged with, or convicted of any conduct in violation of this policy occurring in the workplace within five days after such occurrence.

a.    "Conviction" means a finding of guilt (including a plea of no contest) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violation of the federal or state criminal drug statutes.

b.    "Criminal drug statute" means a criminal statute involving manufacture, distribution, dispensation, use or possession of any controlled substance.

c.    "Workplace" shall include city buildings, facilities, vehicles, lockers, city equipment or any other location of the employee while on duty as a city employee.

D.    Once a city employee has been given notification of conviction of a drug statute violation or if by means of testing as outlined in this policy an employee has been shown to be "positive,"* the city shall take one of the following actions within thirty (30) days with respect to any employee who is convicted or tested positive.**

1.    Take appropriate personnel action against an employee, up to and including termination; or

2.    Require an employee to participate, satisfactorily, in a drug/alcohol abuse counseling assistance or rehabilitation program approved for such purposes by a federal, state or local health agency, law enforcement or other appropriate agency as designated by the City Manager.

E.    Screening. The city may require a blood test, urinalysis or other forms of drug/alcohol screening in any one of the following circumstances:

1.    Preemployment (no alcohol screening shall be required, except as required by applicable law); or

2.    On a random basis as mandated by federal or state laws or regulations; or

3.    Where reasonable suspicion exists*** that the employee is using or is under the influence of any controlled substance (no alcohol screening shall be required, except as required by applicable law); or

4.    Where circumstances or workplace conditions justify it.

F.    The city supports the viewpoint that substance abuse is a medical problem which can be treated. Information will be available on a confidential basis from the City’s Human Resources Department on public and private drug counseling, rehabilitation and employee assistance programs upon the request of any employee.

G.    The city shall make every effort to maintain a drug-free workplace through the implementation of this policy. (Ord. 1129 (part), 2010; Ord. 883, 2002; Ord. 670 § 1(203), 1995)

*Note–Prior to any personnel action being taken, a "positive" test result will lead to an immediate retest of the sample submitted.

**An employee’s refusal to submit to such a test shall result in disciplinary action up to and including termination.

***"Reasonable Suspicion" is defined as the belief by an employee’s department head or supervisor that the employee while acting within the scope of his/her employment is in violation of this policy. Reasonable suspicion will relate to the conduct or activity of an employee while that employee is on duty.

(Manual, Amended, 04/24/2002)

3.08.040 Affirmative Action

A.    Affirmative Action Policy.

1.    Purpose. For the purposes of the city, an affirmative action program shall include reviewing the methods, procedures and results of the city’s personnel actions to determine whether otherwise qualified workers have been excluded for reasons of race, religion, age, sex, handicap/disability, color, national origin, or veteran status. This process includes appropriate corrective action to bring about equal opportunity in employment.

The city, is and by this policy, reaffirms its position of being an equal employment opportunity employer. The city is committed to an affirmative action plan to ensure that it fulfills the goals of equal opportunity for recruitment, hiring, training, promotions and to ensure that other terms and conditions of employment will be made without discrimination on the basis of race, color, creed, religion, sex, national origin, age, handicap/disability or other factors which cannot be lawfully used as the basis for an employment decision.

The city’s merit system is based on the principle that selection and promotion of employees is done on the basis of merit and the ability to do the job and not on extraneous factors that would discriminate against applicants and employees during the recruitment and employment process.

The city is committed to providing equal employment opportunities to all qualified applicants and employees. As an equal opportunity employer, harassment on the basis of sex, race, color, religion, national origin, age, disability, or veteran status, which includes sexual harassment, will not be tolerated.

2.    Affirmative Action.

a.    Efforts shall be strongly encouraged to make the city government work force reflective of the demographics of the local population. These efforts shall include:

1.    Human Resources Department staff will use recruitment practices to proactively promote diversity.

2.    Include diversity achievements in the department director and department head’s annual performance plan.

3.    Encourage education and other relevant training opportunities for existing staff to improve the skills necessary for advancement.

4.    Ensure that all division and department heads receive Equal Employment Opportunity/Affirmative Action related training.

5.    Department and division heads will be evaluated on their efforts to implement this Affirmative Action Policy.

3.    Dissemination of the Affirmative Action Plan. To ensure adequate dissemination of the Affirmative Action Plan, the Human Resources Director will implement the following procedures:

a.    Internal Dissemination.

1.    Hold periodic meetings with department and division heads to explain the Affirmative Action Policy and assign responsibility for effective action;

2.    Hold periodic meetings with employees to explain the Affirmative Action Policy;

3.    Discuss the Affirmative Action Policy at new employee orientations and management training programs;

4.    Post the City’s Equal Employment Opportunity Policy/Policy against harassment and effectively disseminate to all employees the Affirmative Action Policy and complaint procedures. Ensure that all questions regarding the policy that employees may raise are answered.

b.    External Dissemination.

1.    Use an affirmative action clause in all appropriate ads and contracts;

2.    Effectively distribute the affirmative action policy as appropriate.

3.    Post open positions with the State Job Service where appropriate.

4.    Assignment of Responsibility.

a.    The City Manager, as chief executive, is charged with the overall responsibility for the effective implementation and maintenance of the Affirmation Action Policy.

b.    The Human Resources Director will have the responsibility for the day-to-day implementation of the Affirmative Action Policy as follows:

1.    Implementation of a reporting system as well as collection, analysis, distribution and submission of all necessary statistical data for EEO-4 reports as required by federal law;

2.    Ensure that the grievance procedure is prompt, fair and impartial;

3.    Conduct reviews of employment practices and related materials, forms, tests, applications and evaluations to ensure that those appearing to be discriminatory are eliminated, modified or justified;

4.    Maintain efforts to include protected groups on interview and selection boards;

5.    Render support and cooperation to the department directors regarding affirmative action matters;

6.    Provide career counseling to increase employee awareness of training and promotional opportunities;

7.    Keep the city informed of the latest development in equal employment opportunity;

8.    Act as liaison officer between the city and enforcement agencies, groups or organizations concerned with equal employment opportunity.

9.    Report to the City Manager on the status of the administration of the Affirmative Action Policy.

c.    Department and division heads will be responsible to ensure proper administration of the Affirmative Action Policy with their respective areas. Department heads will be evaluated on their good faith efforts to implement the Affirmative Action Policy. Their duties will include the following:

1.    Assist in identifying problem areas.

2.    Periodic auditing of departmental personnel patterns to ensure compliance with the Affirmative Action Policy.

3.    Regular discussions with department personnel to ensure understanding and compliance with the Affirmative Action Policy.

4.    Review of personnel qualifications to ensure that all employees have full and equal opportunity in regard to training, transfers and promotions.

5.    Provide career counseling to increase employee awareness of training and promotional opportunities.

6.    Provide for physical inspection to ensure that facilities provide equal access for all employees as well as for correct placement of equal employment opportunity materials, posters and policy statement.

7.    Render support and cooperation to the Human Resources Director regarding affirmative action matters.

5.    Affirmative Action Complaint Procedures. The purpose is to establish procedures available to city employees and job applicants who feel that they have been discriminated against because of sex, race, national origin, color, religion, handicap/disability or age. The intent of this procedure is to ensure that all individuals have the opportunity to bring alleged acts of discrimination to the attention of city officials for investigation and possible resolution.

The Human Resources Director is authorized to receive, investigate and attempt to resolve any complaint relating to equal employment opportunity. Any employee of the city who feels he/she has been discriminated against in any employment action which may be in violation of the Affirmative Action Policy may file a complaint with the Human Resources Director, who at the request of the complainant, shall maintain appropriate confidentiality as to the identity of the complainant. The Human Resources Director will deal with complaints in the following manner:

a.    Internal Procedures.

1.    Encourage the complainant to resolve the problem using the normal chain of command. If the worker’s immediate supervisor is the source of or a party to the alleged complaint, the employee should report the problem to the supervisor’s superior or the Human Resources Director. No employee will be subject to any form of retaliation or discipline for pursuing, in good faith, a complaint. Any employee found guilty of retaliation will be disciplined.

2.    The Human Resources Director will attempt to resolve the problem at the lowest possible administrative level. However, should circumstances warrant, the employee may contact any administrative level and if necessary, bring the matter directly to the City Manager.

3.    The Human Resources Director shall maintain and make available to the parties involved a written record to include the details of the complaint, actions taken to resolve the complaint and the final disposition of the complaint. These records will be confidential, subject to inspection only by authorized representatives of the city or complainant, except as provided or required by applicable law.

4.    The Human Resources Director will keep the City Manager informed of the status of individual complaints.

5.    The City Manager will be the final administrative authority and arbitrator in all affirmative action matters.

b.    Applicant Procedures.

Applicant Complaints. All applicants will be advised of the existence of this Affirmative Action Policy. A formal written complaint may be filed with the City Manager.

Upon receipt of a complaint, the City Manager shall:

1.    Conduct an informal interview with the complainant to clarify statements or comments contained in the complaint and to gather additional data;

2.    Investigate and discuss the complaint with departments and parties involved and document all pertinent information;

3.    Maintain and make available to the parties involved a written record to include the details of the complaint, actions taken to resolve the complaint and the final disposition of the complaint. These records will be confidential, subject to inspection only by authorized representatives of the city and complainant, except as provided or required by applicable law.

6.    Internal Audit and Reporting System. In accordance with the provisions of the Affirmative Action Policy, the Human Resources Director will implement an analysis of employment practices on a continuous basis. The purpose of the analysis will be to identify and correct problems based on the following information:

a.    Monitor of applicant flow;

b.    Review of total selection process: tests, interviews, job descriptions and qualifications to ensure equal employment opportunity and job relatedness;

c.    Transfer, promotion and training practices;

d.    Work force attitude;

e.    Technical compliance.

(Ord. 1129 (part), 2010; Ord. 883, 2002; Ord. 859, 2001; Ord. 670 § 1(206), 1995)

(Manual, Amended, 04/24/2002; Manual, Amended, 08/15/2001; Manual, Amended, 02/07/2001)

3.08.050 Safety

A.    The city seeks to provide a safe working environment for its employees, utilizing Occupational Safety and Health Administration (OSHA) standards as a guide.

B.    The safety officer shall be responsible for the overall supervision, administration and coordination of the safety program throughout the city. Supervisory personnel have the responsibility for ensuring that the employees under their supervision are aware of and observe all safety rules pertaining to their duties.

C.    Employees are required, as a condition of employment, to observe all safety regulations and requirements given verbally or in writing by the properly constituted authorities. An employee who becomes aware of hazardous work practices or conditions shall immediately advise his or her supervisor of the situation. If an employee, in good faith, reports hazardous conditions to a supervisor, the employee will in no way be adversely affected. (Ord. 670 § 1(205), 1995)

3.08.060 Smoking

A.    Purpose. The Winslow City Council has deemed it to be in the interest of the employees of the city to prohibit smoking throughout all city buildings.

B.    Applicability. This policy applies to all city employees, volunteers, contractors and visitors while utilizing the office areas, meeting rooms and other locations in city buildings.

C.    Prohibited Areas. Smoking in any form is prohibited as outlined by Ordinance No. 657.

D.    Allowable Areas. Smoking shall be allowed in designated areas as deemed appropriate by the department head, with the approval of the city manager, which are not in conflict with Ordinance No. 657.

E.    Notice. "NO SMOKING" signs shall be posted in all areas to inform city employees and the general public of this policy.

F.    Enforcement. Employees who violate any provisions of this title will be disciplined in accordance with city disciplinary policies. Visitors and clients who violate this policy will be asked to extinguish the smoking material; if the visitor or client continues to smoke, he/she will be asked to leave the city facility and may in accordance with Ordinance No. 657 be found guilty of a Class 3 misdemeanor enforceable through the Winslow Police Department. (Ord. 1129 (part), 2010; Ord. 670 § 1(206), 1995)