City of Mount Vernon, NY Article VI Harassment Policy

[Adopted 10-28-1998, approved 10-29-1998; amended in its entirety 9-14-2005, approved 9-15-2005]

§ 50-58 Policy.

Harassment because of race, sex, gender, place of origin, color, ethnic origin, citizenship, age, sexual orientation, disability or any other legally protected status is illegal. All City employees, including but not limited to appointed or elected officials, are forbidden from engaging in any such activity in any manner. The City of Mount Vernon is committed to providing a workplace free from any and all forms of harassment or intimidation.

A. This policy applies to all City employees, including but not limited to elected or appointed officials, whether related to conduct engaged in by an employee or someone not directly connected to the City (e.g., outside vendors or consultants).

B. This policy includes, but is not limited to, inappropriate forms of behavior described below under the definition of "harassment." To assure compliance with this policy, Commissioners, Deputy Commissioners and/or any other supervisory or managerial personnel must take timely and appropriate corrective action when instances of harassment come to their attention, in consultation with the Department of Human Resources.

[Amended 6-10-2009, approved 6-11-2009]

C. Appropriate disciplinary action will be taken against any individual who violates this policy and may include termination.

D. Employees will be held responsible and accountable for avoiding or eliminating prohibited conduct.

E. Retaliation against any individual because he or she has filed a discrimination or harassment complaint is illegal and will result in disciplinary action. Intimidation, coercion, threats, reprisals, or discrimination against any individual resulting from the filing of a complaint under this policy are all strictly prohibited.

F. Filing false complaints of harassment, in bad faith, may be the subject of appropriate disciplinary action, including termination.

§ 50-59 Definitions and usage.

As used in this article, the following terms shall have the meanings as indicated:

HARASSMENT

A. When, with the intent to harass, annoy, threaten or alarm another person, he or she:

(1) Either:

(a) Communicates with a person, anonymously or otherwise, by telephone, mail, e-mail or any other form of written or oral communication, in a manner likely to cause annoyance or alarm; or

(b) Causes a communication to be initiated, by mechanical or electronic means or otherwise, with a person, anonymously or otherwise, by telephone, mail, or any other form of written communication, in a manner likely to cause annoyance or alarm; or

(2) Makes a telephone call or sends an e-mail or a letter, whether or not a conversation ensues, with no purpose of legitimate communication; or

(3) Strikes, shoves, kicks, or otherwise subjects another to physical contact, or attempts or threatens to do same, because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct; or

(4) Follows a person in or about a public or private place or places or by engaging in a course of conduct or by repeatedly committing acts which place such person in reasonable fear of physical injury; or

(5) Engages in behavior that is not welcome, is or would be offensive to a person of reasonable sensitivity and sensibilities, and unreasonably interferes with an employee's work performance and effectiveness, or creates an intimidating, hostile or offensive working environment.

B. Specific forms of behavior that constitute harassment:

(1) Verbal:

(a) Abusive language, including suggestive, derogatory or insulting words, sounds, comments, jokes, or threats.

(b) Any explicit or implicit threat of retribution, or promises of benefits in return for sexual or any other favors.

(2) Physical:

(a) Any contact whatsoever or resulting contact that is not welcomed, including but not limited to touching, petting, hitting, grabbing, shoving, striking, kicking or holding.

§ 50-60 Procedures.

A. Any person who feels that he or she has been the victim of harassment is required to immediately report the incident to the Department Commissioner. (As used hereinafter, this term shall also encompass a department head.) If reporting to the Commissioner is not practical or possible, the victim of the harassment shall immediately report the incident to the department's deputy or other supervisory or managerial personnel. If such a report is not practical or possible, the victim of the harassment shall report it directly to the office of the Department of Human Resources.

[Amended 6-10-2009, approved 6-11-2009]

B. The complaint must be made as promptly as possible and may be made verbally or in writing. In order to facilitate the processing of the complaint an employee must submit a complaint form.

C. The complaint must clearly state "Harassment Complaint."

D. The Department Commissioner, Deputy Commissioner, supervisor or manager in receipt of such a complaint shall promptly forward such complaint to the Department of Human Resources by delivering it personally and enclosing such complaint in an envelope only labeled "Confidential — Department of Human Resources."

[Amended 6-10-2009, approved 6-11-2009]

E. The Department of Human Resources shall confer, if necessary, with the Corporation Counsel and may hire outside counsel or outside investigative services.

[Amended 6-10-2009, approved 6-11-2009]

F. All complaints will be investigated in a timely manner.

G. The accused will be afforded an opportunity to present his or her version of the events.

H. Both complainant and accused will be given written notice of the pending investigation and the results of said investigation.

I. Confidentiality will be maintained to the maximum extent possible, consistent with the City's obligation to conduct a thorough investigation.

J. All individuals requested to be involved in the investigation will be required and directed to treat the matter confidentially, and a violation of this directive will, in itself, be grounds for disciplinary action.

K. Investigation of a complaint will normally include conferring with the parties involved and any named or apparent witnesses. The particular facts of the allegation(s) will be examined individually, with a focus upon the nature of the behavior, the pattern of the conduct, if any, and the context in which the incident(s) occurred.

L. Anyone who participates in this procedure may do so without fear of retaliation. Retaliation against anyone because he or she has filed a discrimination complaint or has cooperated with an investigation is illegal and grounds for immediate disciplinary action.

M. The Comptroller is directed to distribute a copy of this policy annually to each member with the first paycheck of each year.