PPMR 08-03 Section I General Provisions
Number: 08-03
Subject: Section 1 General
Provisions
Village of North Palm Beach
Date: November 6, 2008
Revised: Section 1, Dated
December 15, 1997
POLICY AND PROCEDURES MANUAL REVISION
1.0 GENERAL PROVISIONS
1.1 Purpose:
To establish consistent and equitable policies concerning Village employment and
to establish workable guidelines for the implementation of these policies.
Scope:
These regulations pertain to all personnel whose name appears on the Village payroll
or receive compensation from the Village of North Palm Beach, except elected officials,
members of commissions and committees appointed by the Village Council, consultants or
others providing services under contract to the Village and temporary employees hired to
meet the immediate requirements of an emergency condition which threatens life or property.
Volunteers can’t harass, be harassed, or otherwise be discriminated against. Employees
subject to collective bargaining agreements as negotiated in accordance with Florida Statutes
shall be exempt from provisions of these regulations which are inconsistent with such
agreements.
Amendment of Regulations:
Amendment of subject Rules and Regulations may from time
to time be proposed and approved by the Village Manager.
Harassment - Discrimination:
A. Definitions:
1. Adverse Impact: Employment process that does not necessarily intend to exclude
people of a particular race, national origin, gender, or religion, but its practices has
the effect of doing so.
2. Discrimination: Fundamentally defined as different or disparate treatment and neutral
conduct that has an adverse impact on groups protected by law.
3. Disparate Treatment: Intentional discrimination in which employment decisions are
determined based on an individual's race, gender, religion, color, national origin, or
disability.
B. Non-discrimination/Equal Employment Opportunity:
1. The Village’s policy is to provide equal employment opportunity without regard to
race, color, creed, gender, sexual preference, national origin, ancestry, age, religion,
disability, or as otherwise required by law. The Village's policy of equal employment
opportunity covers, but is not limited to matters of recruitment, selection, assignment,
compensation, training, promotion, transfer, discipline, and termination.
2. The Village prohibits discrimination against people with disabilities in regard to any
employment practices, terms, conditions, and privileges of employment. A reasonable
accommodation will be sought for otherwise qualified persons with permanent,
substantially limiting physical or mental disabilities as required by the Americans
With Disability Act (ADA). Reasonable accommodations will be accomplished as
follows:
a. A reasonable accommodation may consist of modifications or adjustment to the
work environment, in the manner or circumstances in which the job customarily
is performed or provide alternative lateral employment for which the individual is
qualified.
b. A reasonable accommodation will seek to assist a qualified employee in the
performance of essential job functions of the position the employee currently
holds.
c. Employees requiring an employment accommodation must contact the Human
Resources Department for receipt of an application.
d. Employees seeking an accommodation under the provisions of the Americans
With Disability Act must be disabled as defined by the statute. Employees must
certify that their physical and/or mental conditions substantially limit a major life
activity.
e. Eligible employees are those that satisfy the requisite skill, experience, education,
and other job-related requirements of the position held and who with or without
reasonable accommodation can perform the essential function of the position.
f. The Human Resources Director will determine and advise employees if they are
eligible under the provisions of the Americans With Disabilities Act and if
reasonable accommodations can be made.
g. Prevention of Discrimination: Anyone who, in good faith, was discriminated
against as described in this policy or who, in good faith, has observed such
discrimination should promptly report such conduct in accordance with the
provisions set forth in this policy.
C. Harassment in any form will not be permitted in the workplace. Harassment is described
as engaging in a course or pattern of unwanted verbal, nonverbal, or physical conduct
directed at a particular person or group, serving no legitimate purpose and includes, but is
not limited to words, gestures, touches, innuendos, epithets, propositions, threats, or other
actions which annoy, alarm, frighten, abuse, or insult another person in any manner.
D. Any person harassed by an employee or non-employee in the work environment should
promptly take the following steps:
1. The person should promptly and politely inform the offending party to immediately
cease and desist from the objectionable activity. Failure to make such a request will
not excuse the offending party for any unauthorized actions. Written notification to
the offending party of the demand to cease is suggested, with a copy sent to the
complaining employee's supervisor including all relevant details of the complaint.
The supervisor will make periodic inquiries to ensure offending actions have ceased.
2. If some adverse consequence might result from a direct confrontation, the
complaining employee's supervisor should be immediately consulted.
3. If the offending party is the employee's supervisor, the complaining employee will
have the option to:
a. Notify the next level of the employee’s supervisory chain,
b. Contact a supervisor of the same gender,
c. Contact the Human Resources Director.
E. Nothing in this section is intended to prevent any aggrieved employee from pursuing any
complaint through another appropriate investigative authority or agency.
F. Supervisory and management employees will continually work to discover and eliminate
unreported instances of harassment. They will strive to create a non-hostile work
environment for all employees.
G. Nothing in this section will be construed to restrict supervisors from their appropriate
administration of supervisory duties such as dissemination of counseling, discipline, and
duty assignments.
H. Complaints of harassment will be fully investigated.
I. Nondiscrimination/Anti-Harassment/Equal Employment Opportunity:
1. The Village provides reasonable accommodations to otherwise qualified persons with
disabilities as required by the Americans With Disabilities Act.
2. The Village does not tolerate harassment in the workplace in any form, including
sexual harassment. Any employee found to have engaged in harassment will be
subject to prompt disciplinary action, including termination.
3. All management and supervisory staff are strictly accountable for maintaining a
suitable work environment in accordance with this policy and applicable law. Such
accountability includes communicating this policy to all their employees.
4. All management and supervisory staff are expected and held accountable to take
affirmative measures to prevent, recognize, and correct any instances of
discrimination or harassment.
5. Management and supervisory staff will be subject to disciplinary action including
termination, for participating in or failing to correct instances of discrimination or
harassment.
6. Prevention of Discrimination: Anyone who, in good faith, has been discriminated
against as described in this policy or who, in good faith has observed such
discrimination should promptly report such conduct in accordance with the provisions
set forth in this policy.
7. Prevention of Harassment: The Village intends to maintain a work environment free
of sexual harassment or harassment of any kind, including harassment on the basis of
race, religion, color, creed, gender, sexual preference, national origin, ancestry, age,
disability, or any other basis. Accordingly, the Village has established procedures for
the prompt investigation and resolution of reports of harassment.
J. Sexual Harassment:
1. Sexual harassment consists of unwanted sexual pressure, sexual attention or
advances, or conduct initiated by any employee, contractor, or agent of the Village
toward any other in the form of verbal abuse or invitation, unwarranted sounds,
gestures or innuendos, suggestive correspondence, posters, calendars, photographs or
remarks, or any form of unwelcome physical contact or suggestion.
2. It is unlawful and expressly against Village policy for any employee, male or female,
to sexually harass another by:
a. Making submission to or rejection of unwelcome sexual advances or requests for
sexual favors or engaging in other verbal or physical conduct of a sexual nature, a
condition of any employee's continued employment, position, promotion or
compensation.
b. Making submission to or rejection of such conduct as described in Section J1 the
basis for determining employment, position, promotion, or compensation.
c. Making submission to or rejection of such conduct as described in Section J1 the
basis for any employment decision affecting the employee.
d. Creating an intimidating, hostile, or offensive working environment by such
conduct as innuendos and/or suggestive remarks, or physical contact, which an
employee finds offensive.
K. Discipline for Discrimination and Harassment: Any employee who has discriminated
against or harassed another employee will be subject to disciplinary action including
termination.
L. Duty to Report Harassment/Discrimination:
1. Any harassment or discrimination directed toward another person must be
immediately reported to the appropriate person.
2. All reports of harassment or discrimination will be thoroughly investigated and held
in confidence to the maximum extent practical while conducting a thorough
investigation and in accordance with applicable law.
3. Employees will not suffer retaliation for a good faith report of harassment or
discrimination.
4. Nothing in this policy is intended to limit, discourage, or restrict any other remedies
or avenues of redress an employee may have under applicable law.
M. Complaint Filing Process:
1. Any employee who in good faith, was subjected to discrimination or harassment by a
supervisor, subordinate, peer, service contractor, or the public or, in good faith, has
observed or has knowledge of discrimination or harassment against another person,
must promptly report the incident to the appropriate Village supervisor or Human
Resources Director or directly to the Village Manager.
2. Reports of discrimination or harassment will be kept confidential to the maximum
extent practicable. An employee's failure to report actual incidents of harassment or
discrimination may result in disciplinary action in accordance with policy and
procedures.
N. Report Processing and Investigations:
1. The Human Resources Director will perform the initial processing of all complaints
of discrimination or harassment submitted pursuant to this policy.
2. Reports of discrimination or harassment filed with Village supervisors will be
forwarded immediately or as expeditiously as reasonably possible to Human
Resources Director for initial processing. The Village attorney will also immediately
receive a copy of any report of discrimination and/or harassment as described in this
policy.
3. The Village will pursue an informal resolution of potential issues reported under this
policy when the Human Resources Director believes such methods are reasonably
likely to yield an appropriate result in accordance with this policy and applicable law.
Notwithstanding the above, when the reporting party raises issues of harassment,
certain immediate preventative measures generally are appropriate. For example, a
person making a good faith report of harassment may elect an immediate, temporary
transfer to a position within the Village at the same pay and benefits, to preclude
further contact with the alleged offender.
4. Upon receipt of a report of discrimination or harassment, the Human Resources
Director or designee will review the allegations of the report and when practicable,
conduct a preliminary, informal interview with the reporting party within two (2)
business days.
5. If the report involves allegations of harassment, the Human Resources Director or
designee will immediately or as soon thereafter as reasonably possible, meet with the
Manager or designee to determine the appropriate measures to protect the rights of all
parties involved.
6. If the Human Resources Director cannot resolve the matter of a report of
discrimination or harassment informally, the Human Resources Director will forward
the report to Village Manager or designee for a formal investigation. The Human
Resources Director will upon request, continue to provide technical assistance during
the formal investigatory process.
O. Right to File Charges With State and Federal Agencies:
1. Employees who feel they were discriminated against or harassed have the legal right
to file charges with federal, state, and/or local agencies such as the Palm Beach
County Human Rights Division.
2. Proceeding under this policy does not preclude filing a charge of discrimination or
harassment with an outside agency. Specific time limitations apply to charges filed
with outside agencies and proceeding under this internal policy does not stay these
limitations, which generally start running from the date of the alleged unlawful act.
P. Human Resources will give to each new employee during new employee orientation a
copy of this Harassment policy and approved Certification memo for completion. The
Certification memo will be distributed as follows:
1. Original – Village Personnel file
2. Copy – employee
APPROVED
Jimmy Knight
Village Manager