§ 114-604. Complaint and investigation procedure.

Employees who feel that they have been victims of sexual harassment should file a discrimination complaint. Prompt reporting of complaints is strongly encouraged, as it allows for rapid response and resolution of objectionable behavior or conditions for the complainant and any other affected employees. An individual who believes he or she has been subjected to sexual harassment should report the incident to any of the following: employee's departmental EEO coordinator or complaint investigator, the city's diversity manager, or the employee's supervisor or commissioner. In the case of employees in the departments of police, fire or corrections, complaints of sexual harassment may also be made at their respective office of professional standards. The aggrieved employee may elect, at his or her option, to use formal or informal procedures as follows:

(1)

Informal complaint procedure:

a.

Each department shall designate the departmental EEO coordinator (DEEOC) and at least one man and one woman from the department to serve as complaint investigators.

b.

The complainant will meet with a complaint investigator of his/her choosing to discuss any complaint of sexual harassment. A written statement will be taken. An accurate record of objectionable behavior is necessary to resolve a complaint of sexual harassment.

c.

The complaint investigator will immediately attempt to resolve the complaint through discussions with appropriate managers, scheduling of meetings with concerned parties, and other informal efforts as appropriate, taking care to preserve confidentiality to the maximum reasonable extent.

d.

Upon completion of the investigation, the complaint investigator will forward a written report of the investigation to the department head, with recommendations for resolution or corrective action as appropriate.

e.

If the investigative report indicates that there is "reasonable cause" to believe that sexually harassing conduct has occurred, the department head shall implement disciplinary procedures, as outlined below in section 114-605(b), as may be appropriate.

f.

If the informal efforts are unsuccessful, the complaint investigator will inform the complainant of his/her right to file a formal complaint with the affirmative action division, and will provide the complainant with a copy of the formal charge form.

(2)

Formal complaint procedure: If the complainant elects not to pursue the informal procedures or is not satisfied with the results of the informal procedures, a formal complaint may be filed with the diversity manager in the department of human resources as follows:

a.

The complaint will be reduced to a written statement on an appropriate form. An accurate record of objectionable behavior is necessary to resolve a complaint of sexual harassment.

b.

The diversity manager will review the complaint to assure that the issue is appropriate for the discrimination complaint process. If it is incomplete, the diversity manager will seek clarification.

c.

The diversity manager will notify the appropriate departmental officials of the complaint.

d.

An investigation of the formal complaint will be initiated by the affirmative action division within five working days of the notification.

e.

Upon completion of the investigation, the diversity manager will forward a report of the investigation, with recommendations for appropriate resolution or corrective action, to the commissioner of the department of human resources for review and any recommended changes.

f.

The commissioner of the department of personnel and human resources shall forward the report to the head of the office or department in which the harassment is alleged to have taken place.

g.

If the investigative report indicates that there is "reasonable cause" to believe that sexually harassing conduct has occurred, the department head shall initiate disciplinary procedures, as outlined below in section 114-605 as may be appropriate.

h.

The finding of "reasonable cause" by the diversity manager as approved by the commissioner of the department of human resources on a formal complaint will result in the issuance of a notice of proposed adverse action, where appropriate.

(3)

A member of the public who believes that he or she has been subjected to sexual harassment by a city employee should report the incident to the employee's department head or to the diversity manager, for investigation by the diversity manager in the manner outlined in subparagraph (2) above. Alternatively, members of the public may make sexual harassment complaints against employees of the departments of police, fire and corrections at the office of professional standards of the appropriate department.

(Ord. No. 2007-22(06-O-2700), § 1, 3-27-07)