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O-06-02 02/11/02VILLAGE OF LEMONT ORDINANCE NO.0- 96O'Da- AN ORDINANCE AMENDING SECTIONS 2.11 AND 6.7 OF THE VILLAGE OF LEMONT PERSONNEL POLICY MANUAL ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This llth day of February, 2002 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will, and DuPage, Illinois this llth day of February, 2002. ORDINANCEO.Oh.pp_ ORDINANCE AMENDING SECTIONS 2.11 AND 6.7 OF THE VILLAGE OF LEMONT PERSONNEL POLICY MANUAL WHEREAS, the Village of Lemont has adopted a Personnel Policy Manual which governs work rules, employment practices and employee benefits of all full and part time employees; and WHEREAS, from time to time it is in the best interest of the Village to amend the provisions of the Manual in an effort to provide a comprehensive and equitable document. THEREFORE, BE IT ORDAINED by the President and Board of Trustees that Section 2.11 of the Personnel Policy Manual is hereby revised by replacing the section in its entirety with the text attached hereto as Exhibit A; Section 6.7 is hereby amended by incorporating a communications policy attached hereto as Exhibit B. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL & DU PAGE, ILLINOIS, on this day of February , 2002. John Benik Debby Blatzer Peter Cowles Connie Markiewicz Steven Rosendahl Jeanette Virgilio Attest: HARLENE SMO LEN, Village Clerk AYES NAYS PASSED ABSENT V 1- v HN F. IAZZA, Vill e Pre EXHIBIT A 2.11 Harassment. A. PURPOSE The Village of Lemont is committed to maintaining an environment free from discrimination and harassment. In keeping with this commitment, we will not tolerate any form of harassment that violates this policy. This policy forbids any employee, supervisor, elected official, vendor, client, customer or other person, to harass any employee of Village of Lemont. B. PROHIBITED CONDUCT Harassment consists of discriminatory employment action and any unwelcome conduct, whether verbal, physical, or visual, that is based upon a person's protected status, including race, age, sex, color, religious affiliation, political preference, national origin, disability, ancestry, marital status, unfavorable discharge from the military (except dishonorable), or other protected status under applicable law. The Village will not tolerate harassing conduct that results in tangible employment action (a significant change in employment status), that interferes unreasonably with an individual's work performance, or that creates an intimidating, hostile, or offensive work environment. The conduct forbidden by this policy specifically includes, but is not limited to: • Epithets, slurs, negative stereotyping, or intimidating acts that are based on a person's protected status; and • Written or graphic material circulated, available on the Village's computer system, or posted or distributed within the workplace that shows hostility toward a person or persons because of their protected status. Even where the conduct is not sufficiently severe or pervasive to constitute actionable harassment, the Village of Lemont discourages any such conduct in the workplace. C. SEXUAL HARASSMENT Sexual harassment deserves special mention. Harassing conduct based on gender often is sexual in nature but sometimes is not. This policy forbids harassment based on gender regardless of whether the offensive conduct is sexual in nature. Any unwelcome conduct based on gender is also forbidden by this policy EXHIBIT A Page 1 of 4 regardless of whether the individual engaged in harassment and the individual being harassed are of the same or different genders. Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct based on sex constitute sexual harassment when (1) submission to the conduct is an explicit or implicit term of employment, (2) submission to or rejection of the conduct is used as a bias for an employment decision affecting an individual (tangible employment action), or (3) conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. This policy forbids harassment based on gender regardless of whether it rises to the level of a legal violation. The Village of Lemont considers the following conduct to represent, but are not limited to, some of the types of acts that violate this Harassment Policy: • Physical assaults of a sexual nature included but not limited to rape, sexual battery, molestation, intentional physical conduct which is sexual in nature, such as touching, pinching, patting, grabbing, etc. • Unwanted sexual advances, propositions or other sexual comments including, but not limited to sexually oriented gestures, noises, remarks, jokes, or comments or verbal abuse of a sexual nature. Also included are preferential treatment and promises of a preferential treatment to an employee for submitting to sexual conduct. • Sexual or discriminatory displays or publications anywhere in the Village's work place by Village employees including but not limited to pictures, posters, calendars, graffiti, objects, reading materials, or other materials that are sexually suggestive, demeaning, or pornographic. D. EMPLOYEE RESPONSIBILITY Everyone at the Village can help assure that our workplace is free from prohibited discrimination or harassment. Every employee is expected to avoid any behavior or conduct that could reasonably be interpreted as prohibited harassment; no employees, not even the highest - ranking people in the Village are exempt from the requirements of this policy. E. COMPLAINTS OF HARASSMENT If you believe you have been subjected to harassment, sexual or otherwise, you have the right to file a complaint. This may be done in writing or orally. Any such complaint should be filed with the Village Administrator or Assistant Village Administrator or Village Treasurer. These are the individuals who are authorized by this policy to receive and act upon complaints of harassment or discrimination on behalf of the Village. This policy does not require reporting EXHIBIT A Page 2 of 4 harassment or discrimination to any individual who is creating the harassment or discrimination. F. VILLAGE RESPONSE All reports describing conduct that is inconsistent with this policy will be investigated promptly. The Village may put reasonable interim measures in place, such as a leave of absence or a transfer, while the investigation takes place. The Village will take further appropriate action once the report has been thoroughly investigated. That action may be a conclusion that a violation occurred, as explained immediately below. The Village might also conclude, depending on the circumstances, either that no violation of policy occurred or that the Village cannot conclude whether or not a violation occurred. If an investigation reveals that a violation of this policy or other inappropriate conduct has occurred, then the Village will take corrective action, including discipline up to and including dismissal, as is appropriate under the circumstances, regardless of the job positions of the parties involved. The Village may discipline an employee for any inappropriate conduct discovered in investigating reports made under this policy, regardless of whether the conduct amounts to a violation of law or even a violation of policy. If the person who engages in harassment is not employed by the Village, then the Village will take whatever corrective action is reasonable and appropriate under the circumstances. G. STATE AND FEDERAL REMEDIES Consistent with this policy against workplace harassment, the Village maintains posters on bulletin boards that refer to legal definitions of harassment. These posters identify governmental agencies to contact on how and when to file administrative claims. Using the Village complaint process does not prohibit an employee from filing a claim with a state governmental agency or with a federal agency such as the EEOC. The time period for an EEOC filing is 180 or 300 days from the harassment. The time period for filing a claim continues to run during a Village investigation. Our policy provides for immediate notice of problems to the Village officials listed above, so that we may address and resolve any problems without waiting for any legal proceedings to run their course. H. POLICY AGAINST RETALIATION The Village forbids that any employee treat any other employee or former employee or applicant adversely for reporting harassment, for assisting another employee or applicant in making a report, for cooperating in a harassment investigation, or for filing an administrative claim with the EEOC or a state governmental agency. All employees who experience or witness any conduct they believe to be retaliatory should immediately follow the reporting procedures stated above. I. CONFIDENTIALITY EXHIBIT A Page 3 of 4 In investigating and in imposing any discipline, the Village will attempt to preserve confidentiality to the extent that the needs of the situation permit. J. TRAINING ON POLICY The Village will conduct training on this harassment policy on an annual basis. All employees shall be required to attend annual training. I. ACCEPTANCE OF POLICY EXHIBIT A All Village employees have a personal responsibility to conduct themselves in compliance with this policy and to report any observations of conduct inconsistent with this policy. If you have any questions concerning this policy, then please contact your supervisor or Village Administrator. Page 4 of 4 EXHIBIT B 6.7 Use or Modification of Village -Owned Equipment or Property All equipment, supplies, tools, uniforms and property owned or purchased by the Village are to be utilized for official business only. No employee shall modify or alter any Village property unless specifically authorized in writing by the Village Administrator. 6.75 E -Mail and Electronic Communication Policy I. INTRODUCTION Recent advances in electronic communications and information technologies present valuable opportunities for the Village. These technologies, when properly used, support our activities and enable us to better serve our citizens and constituents through closer and more timely communications and nearly instantaneous access to vast stores of information. In recognition of these benefits, the Village has made a substantial investment in its electronic communications and information systems. While the Village encourages the use of its systems, such use carries with it important responsibilities. The careless or inappropriate use of these systems can have dramatic consequences, harming the Village, our citizens and the individual users of the Village's systems. This policy is intended to minimize the likelihood of such harm by educating users of the Village's electronic communications tools as to proper and improper usage of such tools and by setting forth the conditions that apply whenever the Village's electronic communication tools are being used. II. APPLICABLE COMMUNICATION TOOLS These guidelines address the appropriate use of the Village's electronic "communication tools ". These tools include, but are not limited to the following: Telephones, pagers, cellular phones and voicemail facilities; E -mail systems; Fax machines, modems and servers; Palm, laptop and desktop computers; Software licensed to Village; and All internal and external computer and communications networks (such as Internet access facilities, browsers, commercial on -line services, e-mail systems) accessible directly or indirectly from Village's computer network. III. USAGE GUIDELINES FOR COMMUNICATION TOOLS V V V V V V EXHIBIT B A. Conditions of Access Access to the Village communications tools is provided in conjunction with the Village's business and the job responsibilities of everyone working on behalf of the Village. All use of the Village's communications tools is subject to this Page 1 of 6 policy and to other Village policies and procedures that may be implicated by such use. The Village's communications tools also may be made available to individuals who are not employees of Village (e.g., customers, temporary employees, vendors and subcontractors). Such individual's use of Village's communications tools is also governed by this policy. Communications tools and all messages and information produced or carried by such tools are Village property and are subject to inspection by the Village at all times. Use of the Village's communications tools is a privilege that may be revoked at any time. Anyone who uses or is granted access to such tools must comply with the provisions of this policy. B. Acceptable Use The Village's communications tools may be used to communicate internally with employees of the Village or externally with citizens, consultants, suppliers, vendors and other business relations and acquaintances. The Village provides electronic communications tools to facilitate business communications, enhance productivity and improve service to our customers. The Internet may be used for appropriate business uses such as, research, updates of business information or news, or for specifically approved projects. As with the telephone, there may be occasion to use . these facilities for personal purposes. Personal use is permitted so long as it does not interfere with the performance of an employee's job and/or the transaction of Village business, consume significant resources, give rise to more than nominal additional costs or interfere with the activities of other employees of Village. All communications Via the computer, computer system, e-mail, internet or facsimile transmission, regardless of the business or personal nature of the communication, transmitted, received and/or stored using any of the Village's electronic communications tools are subject to being accessed and reviewed by the Village. Users should not assume that any such communications are or shall remain private. C. Unacceptable Use 1. Users should not monopolize the Village's electronic communication tools to the exclusion of others. Accordingly, activities such as sending mass e-mails or e-mails with large attachments that are not business - related, sending chain e- mails, spending excessive amounts of time on the Internet, engaging in online chat groups, printing multiple copies of documents or otherwise creating unnecessary network traffic are not allowed. 2. Because audio, video and picture files require significant storage space, files of this sort should not be downloaded unless they are business - related. EXHIBIT B Page 2 of 6 3. In addition to the other restrictions and conditions discussed in this policy, the Village's communications tools shall not be used: • To engage in activities for personal financial gain (e.g., day trading, gambling); > To solicit others for activities unrelated to Village's business or in connection with political campaigns or lobbying; > To carry or publish any defamatory, discriminatory or obscene material; > To infringe, attempt to infringe or aid in any way in the infringement or attempted infringement on another person's or entity's intellectual property rights (e.g., copyrights); > To violate, attempt to violate or aid in any way in the violation or attempted violation of any applicable telecommunications license or any laws that govern transborder data flow (e.g., laws dealing with data collection, protection, privacy, confidentiality and security); > To violate, attempt to violate or aid in any way in the violation or attempted violation of any other law. The Village shall not be responsible for any losses or damages resulting from or relating to any use of the Village's communications tools, which violates this policy. D. Unacceptable Content The Village's policies prohibiting all forms of harassment, including sexual harassment, are applicable to the use of the Village's communication tools. In accordance with such policies, material that is harassing, embarrassing, sexually explicit, profane, pornographic, obscene, intimidating, defamatory or otherwise unlawful or inappropriate may not be sent by, displayed on, stored in, accessed from or downloaded to the Village's communications tools. Users encountering or receiving this kind of material should immediately delete the material from the system and should not forward the material to any other person or address. In addition, any user who believes the Village's communications tools are being used in a manner which violates either this policy or the Village's policies prohibiting harassment should immediately report the matter pursuant to the requirements of Section VII below. It is the responsibility of all users of the Village's communication tools to see that these tools are used in an efficient, lawful and ethical manner at all times. Examples of unacceptable content include, but are not limited to: > Sexually explicit messages, images, cartoons or jokes; > Unwelcome propositions, requests for dates or love letters; EXHIBIT B Page 3 of 6 ➢ Ethnic, religious or racial slurs; or ➢ Any other message that could be constructed as harassment or disparagement of others based on -sex, race, age, national origin, religion, disability or sexual orientation. Although the Village does not regularly monitor voicemail or electronic messages, all users of the Village's communications tools should be aware that even personal e-mail and voicemail messages may be viewed publicly or by Village's management without notice. The Village reserves the right to inspect the content of all information and messages generated by or contained in any of its communication tools. Users should not assume that any such communications are or shall remain private. E. Transmitting Confidential Information Employees also have a responsibility to protect from disclosure, at all times, privileged and confidential information pertaining to the. Village or other employees. In recognition of this significant responsibility, the Village's communications tools, especially its e-mail system, should not be used to transmit confidential communications. Most e-mail is sent over the Internet, which is not a secure means of communication. There is a possibility that e-mail messages may be intercepted and read by others than the party to whom they are addressed. Moreover, it is difficult, if not impossible, to remove e-mail messages from the system with certainty. This means that e -mail, even internal e-mail messages, may be subject to discovery in future litigation. There is also a possibility that, when documents are transmitted electronically, earlier drafts of the documents thought to have been deleted may be retrieved by the person receiving the document. Accordingly, extreme care must be taken when using e -mail to transmit confidential communications, even internally. To protect against unintentional disclosure of confidential information in situations where there is a need to communicate such information electronically (either on a regular basis or in an emergency situation), the following guidelines are to be observed: ➢ Confidential information pertaining to the Village itself or to any of its employees shall not be sent by e -mail without the express authorization of management. ➢ In cases where confidential information may need to be transmitted electronically on a regular basis, the Administration Depai tment should be consulted regarding the availability of encryption software and other means for securing the communication. Note: Only authorized encryption tools may be used in connection with any Village communications tools. All such encryption tools must implement key- recovery or key- escrow techniques to permit the Village to access and recover all encrypted information. EXHIBIT B Page 4 of 6 F. Etiquette and Village Representation E -mail and voicemail messages reflect the Village's image. Such messages, therefore, should always be composed in a professional manner that is no different than the manner used to compose letters or memoranda on Village letterhead. Users of the system must keep in mind that electronic files are subject to discovery and may subsequently be used in litigation. Inappropriate use of the Village's facilities may damage the Village's reputation and could give rise to Village and individual liabilities. Accordingly, every effort must be made to be professional in all usage of the Village's communications tools. W. LIMITS OF PRIVACY The Village respects the personal privacy of its employees. However, because communications tools are provided for the Village's business purposes, employee privacy rights in this context are extremely limited. Users of the Village's communications tools should have no expectation that any information transmitted over Village facilities or stored in the Village computers is or will remain private. These systems are owned and/or controlled by the Village and are accessible at all times by the Village without notice for maintenance, upgrades or any other business or lawful purposes. Use of passwords to gain access to the computer system or to secure particular files or messages does not imply that users have an expectation of privacy in any material created or received on the computer system. The Village has global passwords that permit it to access all material stored on the system, regardless of whether such material has been password - protected by the user. The Village permits personal use of its communications tools with the express understanding that it reserves the right to review employee use of and to inspect all material created by or stored on, these communication tools. Use of these tools constitutes each employee's permission for the Village to monitor communications and to access files that are made on or with these communications tools. V. VIRUSES Viruses can cause substantial damage to electronic communications and information systems. Each user is responsible for taking responsible precautions to ensure he or she does not introduce viruses into the Village's network. To that end, all material received on floppy disk or other magnetic or optical medium and all material downloaded from the Internet or from computers or networks that do not belong to Village must be scanned for viruses and other destructive programs before being placed onto Village's network. Users should understand also that their home computers and laptops may contain viruses and that all disks transferred from these computers to Village's network must be scanned for viruses. VI. REGULATION AND ENFORCEMENT The Village Administrator or his/her designee is responsible for monitoring the compliance with the provisions of these procedures. The Village Administrator shall also EXHIBIT B Page 5 of 6 be responsible for investigation of suspected non - compliance with the provisions of this procedure. Misuse of any Village communications tools or violations of this policy may result in disciplinary action including, suspension of privileges to user, or up to and including termination of employment. Criminal or civil action may be initiated in appropriate instances. Such discipline shall be in accordance with the Village's policies and procedures. EXHIBIT B Page 6 of 6 ATTACHMENT B — CURRENT PERSONNEL POLICY MANUAL LANGUAGE FOR SECTIONS 2.11 AND 6.7. 2.11 SerLal Harassment Any form of sexual harassment whether explicit or implied is strictly prohibited by the Village. Implicit sexual harassment occurs when statements or comments of an "off- color" nature are made to an employee who is offended by the action. Explicit sexual harassment occurs when an employee makes unwelcome sexual requests or advances upon another individual. The effect of sexual harassment shall include, but not be limited to the following: A. Interference with an employee's ability to perform assigned duties. B. Threats of changes in work assignment, employment status or terms and conditions or employment. C. Promises of employment or promotional opportunities or special favors. Any incident of sexual harassment is to be reported in writing to the Village Administrator. Violations of this nature shall be subject to disciplinary procedures of the Vi11aQe. All equipment, supplies, tools` uniforms and property owned or purchased by Village are to be utilized for official business only. No employee shall modify or Administrator. alter any Village property unless specifically authorized in writing by the Village ACKNOWLEDGEMENT OF RECEIPT I acknowledge that I have received and read the Village's E -Mail and Electronic Communications Policy (the "Policy "), adopted by Ordinance on February 11, 2002. I understand that I am responsible for familiarizing myself with the Policy and violations of the Policy may result in discipline up to and including immediate termination of my employment. I further understand that the Policy does not create or grant any contractual rights to me. Signature: Print name: Date: *Return to your Department Head for forwarding to Assistant Village Administrator ACKNOWLEDGEMENT OF RECEIPT I acknowledge that I have received and read the Village's Harassment Policy (the "Policy "), adopted by Ordinance on February 11, 2002. All Village employees have a personal responsibility to conduct themselves in compliance with this policy and to report any observations of conduct inconsistent with this policy. If you have any questions concerning this policy, then please contact your Department Head or Village Administrator, Gary Holmes. I agree to comply with this policy. Signature: Print name: Date: *Return to your Department Head for forwarding to Assistant Village Administrator