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CCR2006012. . . AMENDED COMMO'" COUNCIL - CITY OF MUSKIEGO IRESOLUTION #012-2006 RESOLUTION TO ADOPT CODE OF CONDUCT AND DISCIPLlI~E WHEREAS, The City Administrator has written a Code of Conduct and Discipline Policy to be implemented for all City employees with the exception of those under the Police Commission; and WHEREAS, If anel to the extent that any provision contained within the Code of Conduct and Discipline Policy conflicts with a collective bargaiining agreement, the collective bargaining agreement shall prevail; and WHEREAS, The Finance Committee has reviewed the attached Code and has recommended approval by the Common Council; and WHEREAS, The new Code addresses harassment in the worlkplace and will replace the City's existing "Harassment in the Workplace" Policy adopted June 14, 1994. NOW, THEREFOIRE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby adopt the attached Code of Conduct and Discipline Policy. BE IT FURTHER IRESOLVED That the adoption of this policy will replace the existing "Standards of Conduct and Discipline" approved by the Finance Committee on February 8, 2005. DATED THIS 14th DAY OF FEBRUARY ,2006. SPONSORED BY: -- FINANCE COMMITTEE Ald. Bob Melcher Ald. Nancy Salentine Ald. Eileen Madden Deferred: 01/24/06 This is to certify that this is a true and accurate copy of Resolution #012-2006 which was adopted by the Common Council of the City of Musk~!~o.\ i /" L! i / i ---.i/lil(( ) ICtlL1) Clerk-Treasurer I 1/06jmb " . . . CODE OF CONDUCT AND DISCIPLINE POLICY Standards for Conduct It is the City's objective to promote the well-being of its employees in the workplace and to maintain high standards of professional conduct and work performance. Thus, all employee:s are expected to provide excellent and reliable service to the public. Any failure to meet this high standard is cause for concern and discipline up to and including termination of employment. Accordingly, this policy sets forth the (I) standards for professional conduct, (2) behavior that is unacceptable, and (3) corrective actions the City may impose to address behavior and employment problems. To ensure orderly operations and provide the best possible work environment, the City of Muskego expects employees to follow rules of conduct that will protect the interests and safety of all employees and the organization. If and to the extent that any provision contained herein conflicts with any statute, law, contract or collective barga.ining agreement in eifect, the statute, law, contract or collective bargaining agreement shall prevail. All full time and part time employees are covered under this policy. . Unacceptable Conduct Listing all forms of behavior that are considered unacceptable in the workplace is not possible. The following are examples of unacceptable conduct that may result in disciplinary action, up to and including termination of employment. The list is not intended to be exhaustive. . . excessiv;~ tardiness or a.bsenteeism . unsatisfactory job performance . being absent from work without permission or proper notification . discourtt~sy toward other employees or members of the public . insubordination or failure to perform duties as instructed; willful and intentional refusal to perform work assignments, or to follow orders of a supervisor, . gross neglect or negligence . violation of any safety procedure, program, or rule causing unsafe conditions, or carelessness in regard to safety to self or others or failure to properly use safety devices or tampering with safety equipment . engaging in criminal conduct, threatening behavior or acts of violence, fighting or provoking a fight . theft or unauthorized possession of City property or the property of fellow employees; unauthorized possession or removal of any City property, including documents from the premises without prior permission from management . sleeping during work hours . giving confidential information to unauthorized individuals . . spreading malicious gossip and/or rumors; engaging in behavior which creates discord and lack of hannony; interfering with another employee on the job; restricting work output or encouraging others to do the same . conducting a lottery or gambling on City property . any act of harassment, sexual, racial or other; telling sexist or racist jokes; making racial or ethnic slurs . creating or contributing to unsanitary conditions . obscene or abusive language toward any manager, employee or customer; indifference or rudeness toward a customer or fellow employee . failure to immediately report damage to or an accident involving City property . working under the influence of alcohol or illegal drugs . possession of dangerous or unauthorized material, such as explosives or firearms, in the workplace . falsification of any work, personnel or other City record Discipline Procedure This procedure applies to all employees of the City with the exception of sworn Police Department employees who fall under the authority of the Chief of Police and the Police Commission. . Under normal circumstances, City Department Heads are expected to follow the procedure outlined below. There may be particular situations, however, in which the seriousness of the offense justifies the omission of one or more of the steps in the procedure. There may also be times when the City may decide to repeat a disciplinary step. . Unacceptable conduct which does not lead to immediate dismissal may be dealt with using the following steps in progression if conduct does not improve within established time periods: 1. Oral reminder - The Dt::partment Head meets with the employee to discuss the problem or violation, why it is a violation and what the expected remedy is. 2. Written warning 3. Decision making paid leave / counseling session - This is a paid one (1) to three (3) day suspension depending on the severity of the unacceptable conduct. Employees on this leave are spending a day away from work to decide whether to commit to correcting the immediate problem and to conform to all of the City's practices, rules and standards of conduct. If the employee decides following decision making paid leave, to return to work and abide by the City's practices, rules and standards of conduct, he/she does not immediately go back to work. Instead, he/she meets with his/her Department Head and the City Administrator to advise him/her of the decision he/she has made - either to correct the problem and commit to acceptable performance in every area of the job or to quit. If the employee commits to correcting the problem, the City Administrator writes a letter to the employee explaining his or her commitment and the consequences of failing to meet the commitment. If positive behavior does not occur, or if another disciplinary problem occurs within an estabhshed period of time, the employee 2 . will be terminated. The employee must sign the letter to acknowledge receipt. A copy is placed in the employee's personnel file. 4. Termination - Employees who are unwilling to commit to the City's practices, rules and standards of conduct may either resign or be tetminated. Immediate or Crisis Suspension An employee who commits any of the actions listed below, or any other action not specified, but similarly serious, will be suspended without pay pending an investigation of the situation. Following the investigation the employee may be terminated without any previous disciplinary action having been taken. (Should an employee be suspended without pay pending an investigation, and the investigation clears the employee, the employee shall be paid for pay lost while on suspension.) 1. Theft 2. Falsification of City records 3. Failure to follow safety practices 4. Threat of or the act of doing bodily harm 5. Willful or negligent destruction of property The City will provide pre-suspension and termination hearings as required by law. The City reserves the right to prosecute any employees fÒr any of the above. . Grievance and Employee Rights Related to the Discipline Procedure (Appeals) For employees covered by a collective bargaining agreement, the appeal procedure is as set forth in the applicable collective bargaining agreement. For non-represented employees, an appeal step is established to provide an opportunity for regular, full time, non-represented employees to have adverse employment actions reviewed including written warnings, suspensions and terminations All City employees are expected to make every effort to resolve problems as they arise. An employee facing disciplinary action by their Department Head may appeal that action to the City Administrator. A Department Head facing disciplinary action may appeal that action to the City's Finance Committee which deals with personnel matters. All decisions concerning termination shall be made by the City Council at the recommendation of the City Administrator or Finance Committee. Harassment in the Workplac::e Policy The City endorses the principle that all employees have the rilght to work in an environment free from verbal, physical or any other form of harassment. The City is committed to maintaining a workplace that is pleasant, courteous and free of harassment and is prepared to take all necessary steps to reasonably ensure a harassment free workplace. . Harassment of any employee on the basis of race, color, creed, sex, national origin, age, disability, marital status, sexual orientation or any other class protected by state or federal 3 . law, will not be tolerated an is prohibited in our workplace. This includes harassment by another employee, supervisor, customer, vendor, visitor, elected official or any other individual with whom the employee interacts as parlt of his or her job. This policy encompasses any situation in which an employee is serving in the capacity of a City employee or is otherwise representing the City, regardless of the location. Recognizing Harassment Conduct that is prohibited by this policy includes sexual harassment, which is defined as: unwelcome sexual advances, requests for sexual favors or other verbal or physical acts of a sexual based nature where: 1. submission to such conduct is made either explicitly or implicitly a term or a condition of an individual's employment; 2. an employment decision is based on an individual's acceptance or rejection of such conduct; or 3. when such conduct interferes with an individual's work performance or creates an intimidating, hostile or offensive working environment. Examples of conduct that could be considered sexual harassment or retaliation are listed below. These examples are provided to illustrate the kind of conduct that is prohibited by this policy. This list of examples is not exhaustive and other types of sexual conduct not illustrated may violate this policy as well. . . Intentional physical conduct that is sexual in nature, including rape, molestation, touching, pinching, grabbing, or brushing up against another's body. . Sexually oriented gestures, noises, remarks, jokes or comments. . Promises or preferential treatment to an employee in exchange for that employee's agreement to engage in sexual conduct. . Taking adverse action against an employee based on the employee's refusal to engage in sexual conduct. . Displaying or possession pictures, cartoons, posters, calendars graffiti, objects or any other materials of a sexual nature. . Using e-mail, voicemail, fax machines or the Internet to display, transmit or communicate any material of a sexual nature. . Retaliation, in any form. . Each employee must exercise his/her own good judgment to avoid engaging in conduct that may be perceived by others as harassment. Forms of harassment include but are not limited to the following: 1. Verbal: repeated sexual innuendoes, racial or sexual epithets, derogatory slurs, off-color jokes, propositions, threats or suggestive or insulting sounds; 2. Visual/Non-verbal: derogatory posters, cartoons, or drawings; suggestive objects or pictures; graphic commentaries; leering; or obscene gestures; 3. Physical: unwanted physical contact including touching., interference with an individual's normal work movement or assault; and 4 . 4. Other: making or threatening reprisals as a result of a negative response to harassment. Responsibilities The City Administrator as Human Resources Director shall serve as Compliance Officer for this policy. In the event of a possible conflict of interest, real or perceived, by a person responsible for compliance, including the city Administrator, the Mayor will appoint an altemative Compliance Officer to complete the compliance responsibilities of the City for that matter. The City expects that all employees will cooperate in avoiding such harassment and are fully prepared to take appropriate measures against any employee who violates this policy. Non-fratemization. In striving to maintain a workpllace that is free from harassment, the City prohibits an individual who is employed in a supervisory/exempt position from engaging in any intimate or other romantic relationship with any subordinate employee, whether exempt or non-exempt, who reports directly to him/her. This prohibition extends to relationships both at and away from the workplace. Upon proper investigation, and with due consideration for the privacy of our employees, the City reserves the right to determine whether a relationship is in violation of this policy. . Complaint Reporting and Inve:stigation Procedure Individuals who feel they have been subjected to harassing or objectionable conduct must promptly notify their Department Head or the City Administrator of the harassing conduct they experience, learn of, or witness. Do not allow an inappropriate situation to continue by not reporting it, regardless of who is creating the situation. No City employee (or elected official) is exempt from this policy. When reporting a complaint, t:mployees should be prepared to tìumish accurate dates, names, and facts. All such complaints will be promptly and thoroughly investigated. Under no circumstances will an investigation be conducted by the supervisor or other person accused of harassment. Prompt and reasonable corrective and preventive actions will be taken where necessary. All information disclosed in the complaint and the investigation procedure will be held in the strictest of confidence and only disclosed when necessary to investigate and resolve the matter or as otherwise required by law. All employees have the right to make good faith complaints about harassment and will be protected from retaliation under this policy including those who make a complaint, assist or cooperate in the investigation. Any retaliation should be promptly reported as stated above and will not be tolerated. Any employee who engages in retaliation will be subject to discipline, up to and including discharge. Retaliation against any employee complaining of harassment, or participating in a City investigation of harassment, is strictly forbiddl~n. . 5 . . . As noted earlier in this section of the manual, any employee who, after investigation is found to have engaged in conduct that violates this policy will be subject to discipline, up to and including termination, dlepending on the circumstances. The City is committed to vigorously enforcing this policy. Termination of Employment The City of Muskego will consider an employee to have voluntarily terminated employment ifhe or she does any of the following: 1. Resigns from the City. 2. Fails to return from an approved leave of absence on the date specified for return, or 3. Fails to report to work or call in for three (3) or more consecutive work days. An employee may be terminated for poor performance, misconduct, excessive absences, tardiness, discrimination, harassment or other violations of City policies. (Drafted 12/30/05, rev. 2/6/06 ) 6 . COMMON COUNCIL - CITY OF MUSK.EGO RESOLUTION #012-2006 RESOLUTION TO ADOPT CODE OF CONDUCT AND DISCIPLIINE '" WHEREAS, The City Administrator has written a Code of Conduct and Discipline Policy to be implemented for all City ømployees with the exception of those under the Police Commission; and WHEREAS, If and to the extent that any provision contained within the Code of Conduct and Discipline Policy conflicts with a collective bargaining agreement, the collective bargaining agreement shall prevail; and WHEREAS, The Finance Committee has reviewed the attached Code and has recommended approval by the Common Council; and WHEREAS, The new Code acldresses harassment in the workplace and will replace the City's existingl "Harassment in the Workplace" Policy adopted June 14, 1994. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon ttle recommendation of the Finance Committee, does hereby adopt the . attached Code of Conduct anel Discipline Policy. DATED THIS DAY 01= ,2006. SPONSORED BY: FINA.NCE COMMITTEE Ald. Bob Melcher Ald. l\Jancy Salentine Ald. E:ileen Madden Deferred: 01/24/06 This is to certify that this is a true and accurate copy of Resolution #012-2006 which was adopted by the Common Council of the City of Muskego. . Clerk- Treasurer 1/06jmb . CODE OF CONDUCT A~D DISCIPLINE Standards for Conduct It is the City's objective to promote the well-being of its employees in the workplace and to maintain high standards of professional conduct and work performance. Thus, all employees are expected to provide excellent and reliable service to the public. Any fàilure to meet this high standard is cause for concern and discipline up to and including termination of employment. Accordingly, this policy sets forth the (I) standards for professional conduct, (2) behavior that is unacceptable, and (3) corrective actions the City may impose to address behavior and employment problems. To ensure orderly operations and provide the best possible work environment, the City of Muskego expects employees to follow rules of conduct that will protect the interests and safety of all employees and the organization. If and to the extent that any provision contained herein conflicts with any statute, law, contract or collective bargaining agreement in effect, the statute, law, contract or collective bargaining agreement shall prevail. AJI full tÌIne and part time employees are covered under this policy. . Unacceptable Conduct Listing all forms of behavior that are considered unacceptable in the workplace is not possible. The following are examples of unacceptable conduct that may result in disciplinary action, up to and including termination of employment. The list is not intended to be exhaustive. . . excessive tardiness or absenteeism . unsatisfactory job performance . being absent from work without permission or proper notification . discourtesy toward other employees or members of the public . insubordination or failure to perform duties as instructed; willful and intentional refusal to perform work assignments, or to follow orders of a supervisor, . gross neglect or negligence . violation of any safety procedure, program, or rule causing unsafe conditions, or carelessness in regard to safety to self or others or failure to properly use safety devices or tampering with safety equipment . engaging in criminal conduct, threatening behavior or acts of violence, fighting or provoking a fight . theft or unauthorized possession of City property or the property of fellow employees; unauthorized possession or removal of any City property, including documents from the premises without prior permission from management . sleeping during work hours . giving confidential information to unauthorized individuals . . spreading malicious gossip and/or rumors; engaging in behavior which creates discord and lack of harmony; interfering with another employee on the job; restricting work output or encouraging others to do the same . conducting a lottery or gambling on City property . any act of harassment, sexual, racial or other; telling sexist or racist jokes; making racial or ethnic slurs . creating or contributing to unsanitary conditions . obscene or abusive language toward any manager, employee or customer; indifference or rudeness toward a customer or fellow employee . fàilure to immediately report damage to or an accident involving City property . working under the influence of alcohol or illegal drugs . possession of dangerous or unauthorized material, such as explosives or firearms, in the workplace . fàlsification of any work, personnel or other City record Discipline Prol~edure This procedure applies to all employees of the City with the exception of those covered by a collective bargaining agreement that sets out a different disciplinary procedure and those employees under the authority of the Police and Fire Commission or Library Board. . Under normal circumstances, City Department Heads are expected to follow the procedure outlined below. There may be particular situations, however, in which the seriousness of the offense justifies the omission of one or more of the steps in the procedure. There may also be times when the City may decide to repeat a disciplinary step. . Unacceptable conduct which does not lead to immediate dismissal may be dealt with using the following steps in progression if conduct does not improve within established time periods: 1. Oral reminder - The Department Head meets with the employee to discuss the problem or violation, why it is a violation and what the expected remedy is. 2. Written warning 3. Decision making paid leave / counseling session - This is a paid one (1) day suspension. Employees on this leave are spending a day away from work to decide whether to commit to correcting the immediate problem and to conform to all of the City's practices, rules and standards of conduct. If the employee decides following decision making paid leave, to return to work and abide by the City's practices, rules and standards of conduct, he/she does not immediately go back to work. Instead, he/she meets with his/her Department Head and the City Administrator to advise him/her of the decision he/she has made - either to correct the problem and commit to acceptable performance in every area of the job or to quit. If the employee commits to correcting the problem, the City Administrator writes a letter to the employee explaining his or her commitment and the consequences of fàiling to meet the commitment If positive behavior does not occur, or if another disciplinary problem occurs within an established 2 . period of time, the employee will be terminated. The employee must sign the letter to acknowledge receipt. A copy is placed in the employee's personnel file. 4. Termination - Employees who are unwilling to commit to the City's practices, rules and standards of conduct may either resign or be terminated. Immediate or Crisis Suspension An employee who commits any of the actions listed below, or any other action not specified, but similarly serious, will be suspended without pay pending an investigation of the situation. Following the investigation the employee may be terminated without any previous disciplinary action having been taken. 1. Theft 2. Falsification of City records 3. Failure to follow safety practices 4. Threat of or the act of doing bodily harm 5. Willful or negligent d~:struction of property The City reserves the right to prosecute any employees for any of the above. . Grievance and Employee Rights Related to the Disciplin1e Procedure (Appeals) An appeal step is established 1:0 provide an opportunity for regular, full time, non- represented employees to have adverse employment actions reviewed including written warnings, suspensions and terminations All City employees are expected to make every effort to resolve problems as they arise. An employee facing disciplinary action by their Department Head may appeal that action to the City Administrator. A Department Head facing disciplinary action may appeal that action to the City"s Finance Committee which deals with personnel matters. All decisions concerning ternlination shall be made by the City Council at the recommendation of the City Administrator or Finance Committee. Harassment in the Workplace Policy The City endorses the principle that all employees have the right to work in an environment free from verbal, physical or any other foml of harassment. The City is committed to maintaining a workplace that is pleasant, courteous and free of harassment and is prepared to take all necessary steps to reasonably ensure a harassment free workplace. . Harassment of any employee on the basis of race, color, creed, sex, national origin, age, disability, marital status, sexual orientation or any other class protected by state or federal law, will not be tolerated an is prohibited in our workplace. This includes harassment by another employee, supervisor, customer, vendor, visitor, elected official or any other individual with whom the employee interacts as part of his or her job. This policy encompasses any situation in which an employee is serving in the capacity of a City employee or is otherwise representing the City, regardless of the location. 3 . Recognizing Harassment Conduct that is prohibited by this policy includes sexual harassment, which is detìned as: unwelcome sexual advances, requests for sexual favors or other verbal or physical acts of a sexual based nature where: 1. submission to such conduct is made either explicitly or implicitly a term or a condition of an individual's employment; 2. an employment decision is based on an individual's acceptance or rejection of such conduct; or 3. when such conduct interferes with an individual's work performance or creates an intimidating, hostile or offensive working environment. Examples of conduct that could be considered sexual harassn1ent or retaliation are listed below. These examples are provided to illustrate the kind of conduct that is prohibited by this policy. This list of examples is not exhaustive and other types of sexual conduct not illustrated may violate this policy as well. . . Intentional physical conduct that is sexual in nature, including rape, molestation, touching, pinching, grabbing, or brushing up against another's body. · Sexually oriented gestures, noises, remarks, jokes or comments. · Promises or preferential treatment to an employee in exchange for that employee's agreement to engage in sexual conduct. · Taking adverse action against an employee based on the employee's refusal to engage in sexual conduct. . Displaying or possession pictures, cartoons, posters, calendars graffiti, objects or any other materials of a sexual nature. . Using e-mail, voicemail, fax machines or the Internet to display, transmit or communicate any material of a sexual nature. Each employee must exercise his/her own good judgment to avoid engaging in conduct that may be perceived by others as harassment. Forms of harassment include but are not limited to the following: 1. Verbal: repeated sexual innuendoes, racial or sexual epithets, derogatory slurs, off-color jokes, propositions, threats or suggestive or insulting sounds; 2. Visual/ì'-Jon-verbal: derogatory posters, cartoons, or drawings; suggestive objects or pictures; graphic commentaries; leering; or obscene gestures; 3. Physical: unwanted physical contact including touching, interference with an individual's normal work movement or assault; and 4. Other: making or threatening reprisals as a result of a negative response to harassment. . Responsibili ties The City Administrator as Human Resource Director shall serve as Compliance Oftìcer for this policy. The City expects that all employees will cooperate in avoiding such harassment and are fully prepared to take appropriate measures against any employee who violates this policy. 4 . Non-fraternization. In striving to maintain a workplace that is free from harassment, the City prohibits an individual who is employed in a supervisory/exempt position from engaging in any intimate or other romantic relationship with any subordinate employee, whether exempt or non-exempt, who reports directly to him/her. This prohibition extends to relationships both at and away from the workplace. Upon proper investigation, and with due consideration for the privacy of our employees, the City reserves the right to detennine whether a relationship is in violation of this policy. Complaint Reporting and Investigation Procedure Individuals who feel they have been subjected to harassing or objectionable conduct must promptly notify their Department Head or the City Administrator of the harassing conduct they experience, learn of, or witness. Do not allow an inappropriate situation to continue by not reporting it, regardless of who is creating the situation. No City employee (or elected official) is exempt from this policy. When reporting a complaint, employees should be prepared to furnish accurate dates, names, and facts. . All such complaints will be promptly and thoroughly investigated. Under no circumstances will an investigation be conducted by the supervisor or other person accused of harassment. Prompt and reasonable corrective and preventive actions will be taken where necessary. All information disclosed in the complaint and the investigation procedure will be held in the strictest of confidence and only disclosed when necessary to investigate and resolve the matter or as otherwise required by law. All employees have the right 1:0 make good íàith complaints about harassment and will be protected from retaliation under this policy including those who make a complaint, assist or cooperate in the investigation. Any retaliation should be promptly reported as stated above and will not be tolerated. Any employee who engages in retaliation will be subject to discipline, up to and including discharge. Retaliation against any employee complaining of harassment, or participating in a City investigation of harassment, is strictly forbidden. As noted earlier in this section of the manual, any employee who, after investigation is found to have engaged in conduct that violates this policy will be subject to discipline, up to and including termination, depending on the circumstances. The City is committed to vigorously enforcing this policy. Termination of Employment The City of Muskego will consider an employee to have voluntarily terminated employment ifhe or she does any of the following: . 1. Resigns from the City. 5 . 2. Fails to return from an approved leave of absence on the date specitìed for return, or 3. Fails to report to work or call in for three (3) or more consecutive work days. An employee may be terminated for poor performance, misconduct, excessive absences, tardiness, discrimination, harassment or other violations of City policies. (Drafted 1/30/(5) . . 6