CODE OF ETHICS POLICY
The public trust essential for effective government rests on having governmental officers and employees who perform their duties equitably and with integrity without using public office for personal gain. Public trust is impaired whenever an actual or potential conflict exists between the private interests of a governmental official and their official duties.
In order to protect the public and the public servant alike, both citizens and those serving them need to know the standards of conduct expected of City officers and employees. They also need to know that a system exists for requiring adherence to standards set for interpreting those standards and the conduct of public officials.
A. STATEMENT AND PURPOSE OF THE POLICY
It is the official policy of the City of Edinburg that in all cases its elected and
appointed officers and employees perform their duties for
the benefit of the City of Edinburg. They shall conduct the affairs of the City with integrity and impartiality, without allowing prejudice, favoritism, or the opportunity for personal gain to influence their decisions or actions or to interfere with serving the public interest.
Continuing observance of this policy is essential to maintaining the public trust necessaty for good government. This Code of Ethics is to establish guidelines for an ethical standard of conduct for officers and employees of the City of Edinburg and to insure compliance with those guidelines.
B. PERSONS COVERED BY THIS CODE
Provisions of this code applies to all officers and employees of the City of Edinburg, including members of Boards and Commissions appointed by the City Council. The term "qffecer" applies throughout this Code to elected and appointed officials, including the Mayor and City Council, members of Boards and Commissions appointed by the Mayor and City Council, as well as to other municipal officers.
C. STANDARDS OF CONDUCT
Eve1y officer or employee of the City of Edinburg shall be subject to and abide by the following standards of conduct:
1) Impartiality
Every officer and employee shall perform his duties with impartiality and ·without prejudice or bias for the benefit of all citizens of the City of Edinburg. No officer or employee shall grant or make available to any citizen any consideration, treatment, advantage, service or favor not available to eve1y other citizen.
2) Record Retention
Records are defined broadly to include almost any type of business information, and the required retention period varies vith the type of record. Falsifying records; deliberately concealing records; destroying records in bad faith; exploiting confidential information; or otherwise mishandling records shall not be tolerated.
a)As a local government entity, the City of Edinburg adheres to Texas Local Government Code, Chapters 202-204, addressing record management. Records management includes the application of management techniques to the creation, use, maintenance, retention, prese1vation, and disposal of records for the purposes of reducing the costs and improving the efficiency of recordkeeping (Texas Local Goverment Code §201.003(13)).
b)When a lawsuit is filed or is reasonably anticipated to be filed against the City of Edinburg or when an internal or governmental investigation is initiated, the City ensures that all information potentially relevant to the suit or investigation is preserved. The City shall take steps to ensure potentially relevant inf01mation is not inadvertently destroyed pursuant to document retention schedules or by routine computer operations or common computer settings, such as the automated deletion of emails.
3) Fraud
Fraud is broadly defined, and may include any type of intentional deception for personal or business gain or damage to an individual or organization. Examples of fraud include, lying on an employment application, falsifying records, or providing false receipts for reimbursement from the City of Edinburg, not revealing a financial interest in an entity doing business with the City.
Employees and elected or appointed officials must be good stewards of resources entmsted to them and exercise due diligence to prevent and detect criminal conduct and noncompliance with applicable laws and regulations. Employees are strongly encouraged to report suspected fraud, waste, abuse, or non-compliance to the appropriate supervisor or manager. Engaging in acts of fraud may result in civil or criminal liability.
4) Equal Opportunity Employment
The City is an equal opportunity employer and is committed to complying with all applicable state and federal laws, rnles, and regulations tlrnt prohibit discrimination based on race, color, sex, religion, national origin, age, or non-job related physical disability.
5) Sexual Harassment and Sexual Misconduct
a) Sexual harassment in the workplace is prohibited. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature may constitute sexual harassment when submission to or rejection of this explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.
b) If an employee believes that he or she is being subjected to sexual harassment or sexual misconduct by any person in the workplace, or if an employee ·witnesses any incident that appears to be a violation of the City's Sexual Harassment policy, the employee may report the incident to the appropriate supervisor or manager. Alternatively, if the subject of the employee's complaint is their supe1visor or manager, that employee may report the complaint to the Human Resources Department, a higher level supe1visor or manager, the City Attorney's Office or any other City employee in a managerial capacity.
6) Conflict of Interest
a) No officer or employee shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect. Personal interest as distinguished from financial interest includes an interest arising from blood or marriage relationships or business or political association.
b) No officer or employee shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the City. Nor shall they use such information to advance the financial or other private interests of themselves or others.
c) No officer or employee shall use the prestige or power of their office or employment for their private gain or for the private gain of another.
d) No officer or employee shall engage in or accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of their official duties.
e) Local public officials (including a member of the governing body or another officer, whether elected, appointed, paid or unpaid, of any district including a transit authority or district), as well as certain other employees involved with contracting, are subject to the conflict of interest provisions, in Texas uct,/ Government Code, Chapter 171. Chapter 171 establishes the standard for determining when a local official has a conflict of interest that would affect his or her ability to discuss, decide, or vote on a particular item.
f) Other state and federal laws may be applicable to officials and employees in particular situations. For example, Chapter 176 of the Local Government Code requires members of the governing body and executive officers of local government entities to file a conflicts disclosure statement relating to a person that the governmental entity has contracted with or is considering contracting with if the local officer or his or her family members have certain business relationships with that person. Organizations should work with legal counsel to determine whether its activities are subject to any such provisions.
7) Personal Use of the City's Property
No officer or employee shall use City supplies, equipment, vehicles, or facilities for any purpose other than the conduct of official City business, unless otherwise specifically provided for by law, ordinance, or City policy.
8) Gifts and Honoraria
a) No officer or employee shall directly or indirectly solicit, accept or receive any valuable gift or benefit, whether in the form of money, se1vices, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift or benefit was intended as a reward for an official action on his part or was intended to influence the employee, or could reasonably be expected to influence him, in the performance of his official duties.
6) Under Texas Local Government Code Chapter 176. a local government officer must disclose a vendor's offer of gifts to the officer or to the officer's family member if the aggregate value of the gift exceeds $100 using the Conlifct of Interest form approved by the Texas Ethic Commission. The Form requires disclosure even if the officer refuses the fist. An officer commits a Class C misdemeanor if the officer knowingly violates the disclosure requirements.
D. PERSONNEL RESPONSIBLE FOR OVERSIGHT OF COMPLIANCE
1) The City Manager is charged with monitoring compliance within the organization and taking appropriate action in response to compliance related complaints.
2) The Finance Department is responsible for oversight of financial reports and establishing and maintaining an adequate internal control structure with appropriate checks and balances.
3) All employees are required to perform their official duties in a lawful, professional, and ethical manner; practice responsible stewardship of organizational resources, and are strongly encouraged to report any conduct or activity that they believe to be in violation of the City's Code of Ethics Policy. Employees shall not knowingly make false or misleading statements, oral or written, while conducting City business and shall not disclose confidential or sensitive organizational business information without prior written authorization.
E. APPROPRIATE CARE IN DELEGATION OF SUBSTANTIAL DISCRETIONARY AUTHORITY
In order to avoid the delegation of substantial discretiona1y authority to individuals whom the City knows or should know, have previously engaged in illegal activities, criminal background checks, among other measures, are conducted as part of post-offer employment for potential new employees, tempora1y employees, and regular volunteers.
F. COMMUNICATION & DISTRIBUTION OF THE CODE OF ETHICS
The City's Code of Ethics, including any amendments and all related materials, shall be distributed to employees, volunteers, city officers appointed or elected, and the City's agents via written, electronic, or verbal communication.
G. TRAINING
1) Employees and volunteers shall receive training of the City's Code of Ethics during orientation and annually thereafter and sign an acknowledgement of receipt of the City's Code of Ethics and its understanding thereof.
2) Elected Officials & Board/Commission Members shall attend periodic training andaclmowledge in writing that they understand the ethical standards, have abided by them, and will continue to abide by them. New officials &/ or board members are to make this written acknowledgement when they take office or appointment.
H. AUDITING/ COMPLIANCE
1) Periodic internal audits and other risk evaluations to monitor compliance and address identified problem areas shall be conducted.
2) Employees shall be encouraged to report non-compliance issues to management or utilize the City's Anonymous Fraud Hotline without fear of retaliation.
I. VIOLATIONS
1) Violations of any provision of this Code may constitute a case for censure, suspension, disciplina1y action including termination of employment, or criminal prosecution as determined by the appropriate City authority.
2) In an effort to prevent future violations, policies will be reviewed and revised when needed to ensure the issue is addressed programmatically and employees will be trained on the policy revision(s) to ensure their understanding of organizations' expectations.
RELATIONSHIPS IN THE WORKPLACE AND FRATERNIZATION
The City of Edinburg believes in providing a work environment where employees maintain clear boundaries between employee personal and business interactions for effective city or government operations. Although this policy does not prevent the development of friendships or romantic relationships between co-workers, it does establish boundaries as to how relationships are conducted during working hours and within the working environment.
A. STATEMENT AND PURPOSE OF THE POLICY
The City of Edinburg encourages a professional and discrimination free atmosphere at work for its employees. Interpersonal relationships between employees may become a concern if they have the effect of impairing the work of any employee; harassing, demeaning, or creating a hostile working environment for any employee; disrupting the smooth and orderly flow of work within the office; or harming the goodwill and reputation of the City among its customers or in the community at large. This policy establishes guidelines for an effective work environment and proper standards of conduct in working relationships as employees of the City of Edinburg.
B. STANDARDS OF CONDUCT
1) Management & Subordinate Employee-
Individuals in supervisory or managerial roles and those with authority over others to include supervision, and/ or terms and conditions of employment, are subject to more stringent requirements under this policy due to their status as role models, their access to sensitive information, and their ability to affect the employment of individuals in subordinate positions. An employee at this capacity level should not engage in a non-professional relationship with a subordinate employee within the same department that could potentially have the appearance of creating or promoting special treatment for the subordinate employee.
In the event of such relationship, the employees involved will be given the opportunity to choose which of them will be reassigned to an alternative available position where special treatment will not be an issue, or one or both employees may be subject to disciplinary action, including dismissal, depending on the nature of the situation.
Employees at all levels, especially managers, are reminded that the qualities of good judgment, discretion, and compliance with guidelines are all taken into account when considering future advancement opportunities.
2) Employees of the Same Level.
If a relationship in the workplace between two or more employees at any level:
a. has the potential or effect of involving the employees, their coworkers, or the company in any kind of dispute or conflict with other employees or third parties;
b. interferes with the work of any employee;
c. creates a harassing, demeaning, or hostile working environment for any employee;
d. disrnpts the smooth and orderly flow of work within the office, or the delivety of se1vices to the company's clients or customers;
e. harms the goodwill and reputation of the company among its customers or in the community at large; or
f. tends to place in doubt the reliability, trustworthiness, or sound judgment of the persons involved in the relationship,
the employee(s) responsible for such problems will be subject to disciplina1y action, up to and including reassignment or termination of employment, depending on the circumstances.
C. PERCEPTION OF MISCONDUCT
Employees who conduct themselves in such a way that their actions and relationships with each other become the object of gossip among others in the office, or cause unfavorable publicity in the community, should be concerned that their conduct may be inconsistent with one or more of the above guidelines. In such situation, the employees involved should request guidance from their supervisor, Director. If no resolution is found, please refer to the Department of Human Resources to discuss a resolution that would avoid violation of policy. Failure to seek such guidance or resolve the issue may subject the employee(s) to disciplinary action, up to and including reassignment or termination of employment.
D. CITY EQUIPMENT AND FACILITIES
No employee may use company equipment and facilities for non-work related activities or relationships without the approval of assigned supe1visor or director.
E. VIOLATION OF POLICY
Violations of this policy will be deemed as insubordination, and may lead to further disciplinaty action including up to reassignment, transfer to another available position, possibly in a different department/ division, and/ or termination of employment, depending on the circumstances.
CONFIDENTIALITY
All personnel, medical and financial information are considered confidential. This confidential information, whether written, verbal or electronic, should not be revealed to anyone without legal due process.
The City of Edinburg seeks to protect the privacy rights of its employees and to protect City information.
Employee Medical Information
Federal law requires that the City maintain all employee medical information in separate, confidential files. Therefore, in addition to personnel files, the City maintains a separate medical file for each employee. The Director of Human Resources maintains confidential medical files in regards to Family and Medical Leave Act Leave, Workers' Compensation, and insurance records.
Examples of information that may be provided to the City by an employee's health care provider, and maintained in the confidential medical file, include:
- a note to justify an absence;
- a note to request a leave;
- a note to verify the employee's ability to return to work;
- medical records to support a claim for sick pay or disability benefits;
- insurance records; and
- workers' compensation records.
It is important that employees understand that the records are confidential but that the confidentiality may be waived when the employee provides medical information to his/her Supervisor. When an employee provides information to his/her Supe1visor, the Supe1visor is expected to share the information only on an "as needed" basis to other members of management.
In addition to protecting their own confidential medical information, employees must also respect the privacy and confidentiality of their coworkers' medical information. Employees are expected to use discretion and judgment when dealing with such information and are to refrain from passing along information, gossip, rumors, or anything else that may constitute an invasion of a coworker's privacy or breach of confidence.
The City of Edinburg is committed to complying with the Health Insurance Portability and Accountability Act of 1996 (HIP AA).
Employee & Business Records
Records such as personnel, financial, payroll, business, policies and procedures, incident reports, etc. are also confidential.
Employee records should not be disclosed or reported without the employee's express written consent to any person within or outside the workplace except as may required by law.
Breaches of Confidentiality
Written Records
Efforts must be made to avoid leaving protected health information and other confidential employee or company info1mation unattended or in areas with public access. Means should be provided for maintaining confidentiality at all times when handling sensitive information.
Verbal Infmmation
Efforts must be made to limit discussion of protected health information, as well as employee or confidential City information in areas where such information may be overheard by unauthorized persons. This includes areas both inside and outside the City buildings, such as in an office with an open door or in a restaurant over lunch.
Computerized Inf 01mation
Access to computerized information is limited by log-ins and passwords that are unique to each employee. Confidentiality is breached if someone uses another's password. Special care must be given to retrieving records where the computer screen can be observed by unauthorized persons. When a computer is left unattended, the last person accessing information should exit the application.
Faxed Information
Fax machines are frequently used to transmit information. Care should be given to placement of the machine to prevent unauthorized access. Every precaution should be taken to ensure that information is transmitted to the conect telephone number.
Violation of Policy
Employees who violate this policy shall be subject to discipline, up to and including termination.
DRESS, APPEARANCE, AND UNIFORMS
Employees must, at all times, dress appropriately and professionally and present a clean and neat appearance while at work and while representing the City or conducting City business. The City of Edinburg allows business casual dress in the work place as approved by the City Manager, in accordance with this policy. Department directors are strongly encouraged to allow their employees to participate in business casual dress, as practical. Department directors and Supe1·v:isors are responsible for enforcing this policy in their respective departments in order to maintain acceptable dress and appearance.
Professional business attire or a required uniform is to be worn when there is a need to present a more formal professional appearance for meetings or special events. Suits, dress shirts, and ties for men and suits or dresses for women are proper attire for personnel scheduled for agenda presentations (i.e. City Council meetings, receptions, etc.). Employees must remember that they are professionals 100% of the time and are dressing for business, not for pleasure. Attire must always reflect a professional business attitude and presence. Police and Fire Department employees may be covered under Departmental policies regarding appropriate dress and appearance.
Employee Hygiene
Personal body and dental hygiene are important. The use of cosmetics and perfumes should be moderate. Fingernails must be clean.
Minimum Business Casual Work Attire: Business Casual
• Blouses/tops/sweaters (must be tucked in or belted, unless designed as an over-blouse), sleeveless blouses/ dresses are not allowed;
• Skirts shall be worn no shorter than two (2) inches above the top of the knee, no denim skirts allowed;
• Ankle-length dress slacks are allowed, no denim slacks or Capri pants are allowed;
• Appropriate footwear, dress shoes or sandals with a professional length heel;
• No more than two (2) earrings in each ear may be worn provided the earrings are not unprofessional in appearance. Knit shirts with collar, banded collar shirts, short sleeve, or dress shirts without a tie are acceptable. All shirts are to be tucked in unless specifically designed to be worn outside trousers;
• Casual pants, such as khakis, chinos, etc. are allowed;
• Men are not to wear earrings at Council presentations or formal events.
Business Attire
• Suits/sports jackets for men (can be removed during day/evening);
• Dress shirts for men with collars;
• Ties for men;
• Dresses, suits, pant-suits, dressy pants and blouses/sweaters for women;
• Socks (hosiery optional);
• Dress shoes/sandals.
Casual Friday Attire
Denim jeans (any color) are allowed to be worn on Friday's only if accompanied by a collared City Logo shirt. Jeans should not be stone washed, torn, or too tightly fitted.
The following are inappropriate:
• Sweat-shirts, sweat-pants, or shorts of any type are not acceptable unless a special casual wear or festive occasion is declared by the City Manager;
• Thong sandals, clogs and flip flops are not acceptable at any time;
• Jeans of any color/type are not allowed at City Hall or in office areas unless a special dress down day is announced or on a Friday with appropriate collared City Logo shirt;
• T-shirts with inappropriate and/ or offensive logos are not acceptable;
• Leggings are not acceptable;
• Visible body piercing (other than earrings) is inappropriate and should be removed or covered while at the workplace;
• Provocative or revealing attire is not acceptable (This includes body-hugging, see-through, low-cut, excessively short or excessively tight fabrics);
• Tank tops or spaghetti strap shirts/blouses are not acceptable;
• Clothing with unclear or obscene messages or that endorses alcohol, tobacco products, drugs, pornography, or offensive material of any kind are not acceptable;
• Wrinkled, ripped, and tattered clothing is not acceptable;
• Visible tattoos which could be deemed offensive are not acceptable;
• Nose rings/ studs, eyebrow rings/ studs, tongue studs, or similar type facial jewelty is not acceptable.
Hair: Hair styles and hair colors must be appropriate to the employee's position and extremes of any type are unacceptable. For example, green hair, mo-hawk style haircuts, and severely spiked hair are not allowed. Hair, including facial hair, must be clean and neatly groomed at all times. Sideburns may not extend below the ear lobe.
Uniforms: The City supplies employees with appropriate uniforms when relevant to their job function. Employees in jobs that require a uniform will be told how and where the uniforms can be obtained. The City will provide replacement uniforms as necessa1y. Unifo1ms must be clean and neat. City-owned or authorized uniforms may not be used outside of work, for personal use, or by any third party.
Employees who are provided with unifo1ms are required to wear their unifo1ms when on duty and keep tl1em in good, clean, and serviceable condition. No part of the uniform shall be worn by itself. An employee must wear the entire uniform when on duty. No part of the uniform shall be worn when off duty, except to and from work.
When an employee terminates, uniforms and any other City equipment which tl1e employee possesses must be returned in good condition before final pay will be authorized. The cost of lost or damaged City property and unreturned uniforms will be deducted from the employee's final paycheck.
Enforcement: In all cases, the Department Director/City Manager will make the determination as to acceptable dress, appearance, and grooming. Employees should direct questions about appropriate appearance or dress to your Supervisor, Department Director, or the Director of Human Resources.
Employees in violation of this policy may be sent home. Under such circumstances, non-exempt employees will not be paid for work time missed, and exempt employees will be required to make up the work time missed. Employees whose grooming or personal appearance violates this policy may be disciplined, which may include termination of employment.
The Department Director, with approval of the City Manager's office, may make departmental exceptions to this policy when deemed necessa1y for business reasons, or implement a more restrictive dress and appearance policy for safety purposes.
Department Directors will dress in Business Attire unless the job responsibilities justify dressing in a different manner. Department Directors will rely on their better judgment in making such a decision.
SEXUAL AND OTHER UNLAWFUL HARASSMENT
All City employees are entitled to a workplace free of unlawful harassment by Management, Supervisors, co-workers, citizens, and vendors. City employees are also prohibited from harassing citizens, vendors, and all other third parties.
Sexual Harassment. One form of unlawful discrimination is sexual harassment. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when:
• Submission to such conduct is made either explicitly or implicitly a te1m or condition of an individual's employment; or
• Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual; or
• Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment.
• Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Conduct prohibited by this policy includes, but is not limited to sexual advances; requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual's body, sexual prowess, sexual preference, or sexual deficiencies; leering, whistling, or touching; insulting or obscene comments or gestures; display in the workplace of sexually suggestive objects or pictures; and other physical, verbal, or visual conduct of a sexual nature.
• Harassment also includes, but is not limited to, retaliation for having reported or threatened to report harassment.
Other Prohibited Harassment. In addition to the City's prohibition against sexual harassment, harassment on the basis of any other legally protected characteristic is also strictly prohibited. This means tl1at verbal or physical conduct that singles out, defames, or shows hostility or aversion toward someone because of age, race, religion, sex, color, national origin, citizenship, political affiliation, disability, veteran's status, or other unlawful basis, is also prohibited. Prohibited conduct includes, but is not limited to, insults, slurs, and negative stereotyping; tlireatening, intimidating, or hostile conduct; defamimg jokes and comments; and writings or pictures that single out, defames, or show hostility or aversion toward someone on the basis of a protected characteristic. Conduct, comments, or innuendoes that may be perceived by others as offensive are wholly inappropriate and are strictly prohibited.
This policy also prohibits sending, showing, sharing, or distributing in any form, inappropriate jokes, pictures, comics, stories, etc., including but not limited to via facsimile, e-mail, and/ or the Internet.
Harassment of any nature, when based on age, race, religion, sex, color, national origin, citizenship, political affiliation, disability, veteran's status, or other unlawful basis, will not be tolerated. This policy applies to City employees, citizens, vendors, and other visitors to the workplace.
Mandatory Reporting. The City requires that employees report all perceived incidents of harassment, regardless of the offender's identity or position. Any employee who observes or otherwise learns of possible harassment in the workplace or who feels that he/she has been subjected to conduct prohibited by this policy must report it immediately to:
• His/her Department Director;
• Director of Human Resources (or designee);
• City Manager (or designee).
Any Supe1visor, Manager, or Department Director who becomes aware of possible conduct prohibited by this policy must immediately advise his/her immediate Supe1visor and / or the Director of Human Resources (or designee). A Complaint of Sexual Harassment Form is available from the Director of Human Resources (or designee). Any employee with management responsibility who becomes aware of harassment in their work area must take corrective steps whether or not a formal complaint has been filed. Managers who fail to properly address harassment in their workplace may be disciplined, which may include termination of employment.
Under this policy, an employee may report to and/ or contact the Director of Human Resources directly within ten (10) calendar days of incident, without regard to the employee's normal chain of command. Reports are required to be in writing and specific to the facts and date(s) to allow effective and tl10rough investigation by tl1e City. All concerns/ questions in should be addressed to:
Director of Human Resources
City of Edinburg
P.O. Box 1079
Edinburg, Texas 78540 - 1079
(956) 388-1873, ext. 8652 - Office Telephone
Civil Se1vice employees are required to follow the complaint process as set forth in their departmental Standard Operating Procedures. The police department in accordance with its departmental policies and procedures will conduct investigations involving civil se1vice employees.
In addition, the City encourages employees who believe they are being subjected to conduct prohibited by this policy and who feel comfortable doing so, to promptly advise the offender that his or her behavior is unwelcome and request that it be discontinued. Often this action will resolve the problem.
The alleged offending party may provide a written response to the allegation(s) within ten (10) business days of receiving the complaint.
After consulting with the Director of Human Resources, the City Attorney, and the City Manager and obtaining the approval of the City Manager, the Department Head may place the alleged offending party and/ or complaining party on administrative leave with pay pending the completion of the investigation.
Withdrawal of a complaint will not necessarily end an investigation. The City may pursue an investigation with or without a pending complaint.
Retaliation Prohibited. Retaliation against employees who make a good faith charge or report of prohibited conduct or who assist in a complaint investigation is prohibited. Acts of retaliation must be reported immediately as set out above.
Retaliation by any person against anyone involved in the complaint process will not be tolerated and may results in discipline, which may include termination of employment.
Responsive Action. Misconduct constituting harassment or retaliation will be dealt with appropriately. Discipline, which may include termination of employment, will be imposed upon any employee who is found to have engaged in conduct prohibited by this policy. Lil{ewise, disciplina1y action, which may include termination of employment, will be imposed in situations where claims of prohibited conduct were fabricated or exaggerated.
Within ten (10) work days of concluding the investigation, the Department of Human Resources will provide the City Manager and the Department Director and/ or Division Head involved a report as to the validity of the complaint. Within ten (10) work days of receiving the Human Resources Department's report of Harassment, the Department Director and the City Manager will take appropriate disciplina1y action. The Department of Human Resources may extend the ten (10) day deadline if necessary.
If the Department Director or Division Head is the alleged offending party, these actions will be taken to the City Manager only. For Department Directors who report directly to the City Council, the City Council shall determne the appropriate course of action.