Town of Waterford, NY
Saratoga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Waterford 8-3-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Adult entertainment — See Ch. 47.
It is the Town of Waterford's policy that all employees have the right to work in an environment free of all forms of harassment. The Town of Waterford does not condone, and will not tolerate, harassment. Therefore, the Town of Waterford shall take direct and immediate action to prevent such behavior and to remedy all reported instances of harassment, sexual or otherwise. The purpose of this policy is to maintain a healthy work environment and to provide procedures for reporting, investigation and resolution of complaints of harassment, sexual or otherwise.
The following conduct is defined as "sexual harassment" and is specifically prohibited:
A. 
Unwelcome sexual advances.
B. 
Requests for sexual favors.
C. 
Other verbal or physical conduct of a sexual nature when:
(1) 
Submission to such conduct is made either explicitly or implicitly a term or condition of employment;
(2) 
Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee; or
(3) 
Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile or offensive working environment.
A. 
Each supervisor shall be responsible for preventing acts of harassment. This responsibility includes:
(1) 
Monitoring the work environment on a daily basis for signs that harassment may be occurring.
(2) 
Counseling all employees on the types of behavior prohibited and the town's procedures for reporting and resolving complaints of harassment.
(3) 
Stopping any observed acts that may be considered harassment and taking appropriate steps to intervene, whether or not the involved employees are directly under such supervisor's supervision.
(4) 
Taking immediate action to limit the work contact between two employees where there has been a complaint of harassment, pending investigation.
B. 
Each supervisor has the responsibility to assist any employee of the Town of Waterford who comes to that supervisor with a complaint of harassment, in documenting and filing a complaint with an employee, who shall be made responsible for investigations of complaints of sexual harassment (hereinafter referred to as the "investigation officer").
C. 
Each employee of the Town of Waterford is responsible for assisting in the prevention of harassment through the following acts:
(1) 
Refraining from the participation in, or encouragement of, actions that could be perceived as harassment.
(2) 
Reporting acts of harassment to a supervisor.
(3) 
Encouraging any employee, who confides that he/she is being harassed, to report such acts to a supervisor.
D. 
An employee's failure to take action to stop known harassment shall be grounds for discipline.
A. 
Employees encountering harassment in the workplace shall tell that person that their actions are unwelcome and offensive. The employee shall document all incidents of harassment in order to provide the fullest basis for investigation.
B. 
Employees who have complaints of sexual harassment shall report the incident(s) to their supervisor or any Town of Waterford official as soon as possible so that steps may be taken to investigate and resolve the matter and initiate appropriate disciplinary measures. The employee shall make such report within seven days of the incident.
C. 
The person to whom a complaint is given shall meet with the employee who gave the complaint and document, in writing, the incidents complained of, the person(s) performing or participating in the harassment and the dates on which it occurred.
D. 
The person to whom a complaint is given will expeditiously deliver the complaint to the investigation officer.
E. 
The investigation officer shall promptly investigate all complaints.
(1) 
The investigation officer shall make a determination whether an incident of sexual harassment did occur.
(2) 
The investigation officer shall also determine whether other employees were or are being harassed by the person(s) and whether other employees participated in or encouraged the harassment.
(3) 
The investigation officer shall inform the parties involved of the outcome of the investigation.
(4) 
The investigation officer shall maintain a file of all harassment complaints in a secure location.
(5) 
Upon conclusion of the investigation and within 180 days after the complaint is brought, the investigation officer shall make a written recommendation to the Town Board of the Town of Waterford regarding the outcome of the investigation.
(6) 
The investigation officer shall immediately notify the District Attorney's office if the complaint contains evidence of criminal activity, such as battery, rape or attempted rape.
F. 
There shall be no retaliation against any employee for filing a harassment complaint or assisting in the investigation of a complaint. However, if, after investigating any complaint of harassment, the investigation officer learns that the complaint is not bona fide or that an employee has provided false information regarding the complaint, disciplinary action may be taken against the individual who provided the false information.
After receiving the recommendation from the investigation officer, the Town Board shall determine whether:
A. 
Prohibited conduct occurred.
B. 
Prohibited conduct did not occur.
C. 
A hearing is necessary in order to obtain necessary facts or resolve facts in dispute.
A. 
A hearing shall be had:
(1) 
If the Town Board determines that a hearing is necessary; or
(2) 
Upon a written request of a party accompanied by a showing of material facts in dispute.
B. 
A hearing shall provide an opportunity for parties and witnesses to be heard.
If the Town Board finds that a party has engaged in sexual harassment, the Town Board may take one or more of the following actions:
A. 
Oral reprimand of the offender.
B. 
Written reprimand of the offender, to be included in the offender's personnel file.
C. 
Transfer, suspension or discharge of the offender or any other action which may be appropriate.
A record shall be maintained with respect to each complaint of sexual harassment and shall contain the following:
A. 
The written complaint.
B. 
Any written statements produced during the investigation.
C. 
The investigation officer's recommendation.
D. 
A record of the hearing, if any.
E. 
The Town Board's findings in the matter.
F. 
The remedy imposed by the Town Board, if any.
A. 
If any party is not satisfied with the outcome of the grievance procedure, an appeal may be taken directly to the Waterford Town Supervisor or his designated representative, who may be an outside hearing officer retained on an ad hoc basis.
B. 
This policy does not preclude an employee from filing a complaint or grievance with an appropriate outside agency. However, employees are encouraged to first use the grievance procedure established herein.