City Policies Flashcards

1
Q

Sexual Harassment

Sexual Harassment is a form of sex discrimination and is prohibited by what 3 authorities?

A
  1. Civil Rights Act of 1964
  2. Washington State’s Law Against Discrimination
  3. Spokane Municipal Code
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2
Q

Sexual Harassment

What is Sexual Harassment?

A

Any verbal, non-verbal, or physical behavior of a sexual nature which is unwelcome, uninvited, and offensive to a reasonable person in the recipient’s position and alters the condition of the receipient’s employment.

It is a form of employee misconduct which is demeaning to another person and undermines the integrity of the employment relationship

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3
Q

Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: (3)

A
  1. Submission to such conduct is either an explicit or implicit term or condition of employment
  2. Submission to or rejection of the conduct is used as a basis for employment decisions affecting the recipient
  3. Such conduct has the purpose or effect of unreasonable interfering with an individual’s work performance or creating an objectively hostile work environment
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4
Q

Sexual Harassment

Anyone who violates the Sexual Harassment policy will be subject to what?

A

disciplinary action up to and including discharge.

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5
Q

Sexual Harassment

What is the Potential Liability of the City and Employee concerning Sexual Harassment?

A
  1. Both can be held liable.
  2. City may be held liable for sexual harassment by supervisors regardless of whether or not the City is aware of the behavior.
  3. City may be liable for sexual harassment by co-workers if the City knew, or should have known, of the conduct
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6
Q

Sexual Harassment

A complainant is encouraged to use what to resolve sexual harassment?

A

City’s complaint procedures

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7
Q

Sexual Harassment

Complainants can file, within certain time frames, to the following appropriate state and federal agencies: (3)

A

State of Washington–Human Rights Commission

Federal Government–Equal Employment Opportunity Commission

Office of Federal Contract Compliance Program

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8
Q

Sexual Harassment

All complaints concerning sexual harassment must be ______ or ______ by the individual receiving the complaint and dated upon receipt.

A

signed or attested to

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9
Q

Sexual Harassment

Ideally, violations of the sexual harassment policy will be resolved how?

A

At the lowest appropriate level, informally and effectively

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10
Q

Sexual Harassment

What should supervisors do once they are notified of alleged sexual harassment?

A
  1. Document and report the incident to the dept. head
  2. Investigate the complaint
  3. Take appropriate corrective action
  4. Forward the results of the investigation to the Human Resources Dept
  5. Provde official findings and comments to the complaintant, in writing,within 10 workind days of receipt of the complaint
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11
Q

Sexual Harassment

If a complaintant is not satisifed with the actions taken by the supervisor and results of the investigation, how long does the complaintant have to bring the issue to the attention to the dept. head?

A

5 working days of receipt of the supervisors response

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12
Q

Sexual Harassment

Who shall be notified of ALL sexual harassment complaints so that a record may be maintained as required by the EEOC?

A

Human Resources Dept

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13
Q

Sexual Harassment

Who shall administer the Sexual Harassment city policy?

A

Human Resources Dept

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14
Q

General Harassment

What is the definition of Harassment?

A

Any unwelcomed action by any person whether verbal or physical, on a single or repeated basis, which humiliates, insults or degrades

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15
Q

General Harassment

What does “Unwelcomed” or “unwanted” mean?

A

any action which the harasser knows or should reasonably know are not desired by the victim of the harassment

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16
Q

General Harassment

Under what harassment complaints can a complainant also file with appropriate state and federal agencies?

A

Harassment compaints dealing with

race
color
religion
sex
age
national origin
veteran status
disability
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17
Q

General Harassment

When can a complaint be submitted directly to the Human Resources Director?

A

at any time

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18
Q

General Harassment

Employee rights with respect to harassment are also protected under what?

A

Washington State Law Against Discrimination

RCW 49.60

U.S. Civil Rights Act of 1964 and 1991

Spokane Municipal Code Ch 1.06

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19
Q

Email

Electronic records, including emails, may be public records under what?

A

Washington State’s Public Disclosure Act RCW 42.17

and

the law governing preservation and destruction of public records RCW 40.14

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20
Q

Email

Information contained in the City’s email system is the property of who? Who can access it under various state or federal laws?

A

Property of the City

Members of public can access it

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21
Q

Email

Information can be ___, ___, or ___ by the city without notice and without employee permission

A

opened
read
inspected

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22
Q

Email

What is prohibited in emails?

A
  1. Political statments
  2. Obscene, profane, threatening language
  3. Harassing statements
  4. References to sex or personal relationships
  5. Violations of personal privacy
  6. Union activity–unless pre-approved
  7. Illegal activity–pools, gambling
  8. Non-city business
  9. Jokes
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23
Q

Email

Employees have limited use of equipment to access email for purposes other than that directly or indirectly related to activities of the city under what conditions?

A
  1. Cause no additional cost to the city
  2. Equipment being used is normally used by the employee and causes no disruption
  3. Time spent processing personal email doesnt impact his ability to do their job
  4. Use doesnt disrupt city functions
  5. Doesn’t violate any other city policy
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24
Q

Email

Is electronic email confidential?

A

No. it is nearly always a public record

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25
Q

Email

Before disclosure to the requesting party, who will be notified if possible?

A

the employee

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26
Q

Email

Along with the employee, who else is notified when requests of information come from the Police or Fire Department?

A

the appropriate Chief

27
Q

Email

How long will user email be stored in the Inbox on the City maintained email server?

A

30 days

28
Q

Email

How many megabytes can be stored per user?

A

No more than 100 megabytes

29
Q

Email

What happens to mail stored in personal folders?

A

it is backed up nightly and stored on a City maintained file server

message size restricted to 10 MB

30
Q

Email

Who is responsible for administering the Email Policy?

A

Human Resources Dept

and

Management Information Services Department

31
Q

Internet Access

Employees are expressly forbidden to misuse any Internet access by using it how?

A
  1. Unlawful activities
  2. Hacking
  3. Misrepresenting the City’s programs or policies
  4. Violating security procedures
  5. installing software that compromises security or introduces viruses
  6. Operating a server program without dept approval
  7. Creating a public display of city information
32
Q

Internet Access

Employees are allowed to use equipment and facilities to access the internet for purposes other than city related activities provided that…

A
  1. causes no additional costs
  2. equipment being used is normally used by the employee and there is no disruption to another employee
  3. Time spent doesn’t impact the employees ability to do his job
  4. Does not disrupt other city functions
  5. Personal files must be saved to a removable hard drive
  6. you can not conduct non-city business–profit or non-profit
  7. does not violate any other city policy
33
Q

Internet Access

Software downloaded must be approved by who?

A

Management Information Services Department

34
Q

What is discrimination?

A

Different or unequal treatment on the basis of race, religion, color, national origin, gender, sexual orientation, marital status, age, familiar status or disability

35
Q

Who is responsible for maintaining a work environment free of discrimination?

A

Each employee

36
Q

HR-19

Concerning discipline, what concept does the City endorse?

A

Progressive discipline

37
Q

HR-19

What shall be considered in the assessment of discipline?

A

The employee’s record, length of service, and current perceived amenability to improve

38
Q

HR-19

What are the 5 types of disciplinary action?

A
Verbal Reprimand
Written Reprimand
Suspension
Demotion
Discharge
39
Q

HR-19

Can a verbal reprimand be documented?

A

Yes, in the departmental files

40
Q

HR-19

What is the first step involving minor infractions of rules?

A

Verbal reprimand

41
Q

HR-19

By it’s nature, a verbal reprimand or counseling is informal and may be given without what?

A

Predisciplinary hearing and without union representation

42
Q

HR-19

What is Suspension?

A

A written notice signed by the city manager suspending an employee for up to 60 working days WITHOUT pay

43
Q

HR-19

What is a demotion?

A

an action by the City Manager placing an employee in a position of lower grade and classification.

44
Q

HR-19

A disciplinary demotion is normally only used where?

A

the employee is incompetent to perform the duties of his/her current position or has committed an act so serious that continuation in the current position is not in the best interests of the City

45
Q

HR-19

How is the discharge of a probationer’s employment different than a regular employee?

A

The termination of a probationer’s employment for unsatisfactory performance during the original entrance appointment is not considered a discharge and may be taken by the appointing officer.)

46
Q

HR-19

Examples of causes for which employees may be disciplined are outlined where?

A

Section 5 of Rule IX of the Rules of the Civil Service Commission.

47
Q

HR-19

What are the 3 procedures for handling disciplinary actions?

A

Preliminary Investigation
Predisciplinary Hearing
Decision on Disciplinary Action

48
Q

HR-19

When should a preliminary investigation be undertaken?

A

When there is reason to believe an employee has violated a rule to such an extent that discipline involving a written reprimand or greater appears to be warranted

49
Q

HR-19

What is the purpose of a predisciplinary hearing?

A

to notify the employee of the allegation and to provide the employee an opportunity to rebut the allegation or offer matters in mitigation

50
Q

HR-19

How much notice, in writing, shall the employee receive of the predisciplinary hearing?

A

24 hours’

51
Q

HR-19

When can a Predisciplinary Hearing be recorded?

A

When all participants agree

52
Q

HR-19

During a Predisciplinary Hearing, what can be admitted? who can attend?

A

Pertinent documentation,, witnesses, union rep, attorney

No family or friends

53
Q

HR-19

Who reviews any decision of suspension, demotion, or discharge made by the department head?

A

City Manager

54
Q

HR-19

Who received the original copy of the disciplinary letter?

A

employee

55
Q

HR-19

Who receives copies of the disciplinary records?

A

Human Resources Department
Civil Service
Employee’s department
Union

56
Q

HR-19

Letters of demotion for cause or suspension shall be kept where? and for how long?

A

in the employee’s personnel folder maintained in Civil Service a minimum of three years.

57
Q

HR-19

How long are letters of reprimand kept in the employee’s personnel folder?

A

minimum of two years

58
Q

HR-19

How can disciplinary documention be removed from ones personnel folder?

A

After time has lapsed and the employee has received no further disciplinary action, they may request to have the documents removed from the files by writing to the HR Director, through the Dept. head.

59
Q

HR-19

How long does an employee have to appeal an action?

A

10 working days

60
Q

HR-19

Who receives appeals?

A

Secretary of the Civil Service Commission

61
Q

HR-19

An employee who is reprimanded may elect to what to challenge the decision?

A

grieve, not appeal

62
Q

HR-19

Retention of documents?

A

3 yrs Demotion or suspension
2 yrs letters of reprimand
1 yr letters of counseling

63
Q

HR-19

How can a classified employee who is suspended, demoted or discharged fight the action?

A

Appeal through Civil service or grieve, but not both