§ XX. Policy Of Drug Testing And Providing A Drug Free Work Place


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  • Section 1. Introduction.

    The Drug Free Work Place Act of 1988 requires certain recipients of federal grants to certify to the United States government that it will maintain a drug free work place. Employees shall neither use nor be under the influence of drugs, intoxicants, alcohol, or any other controlled substance in the work place. The city recognizes the importance of maintaining a safe, efficient and healthful work place, as well as the social responsibility to provide assistance to its employees to the extent possible. Therefore, employees are expected to report to work free from any alcohol or prohibited substances that could inhibit their ability to perform their duties.

    The Drug Free Work Place Act, Public Law 100-690, title V, subtitle D makes it a condition of employment that all city employees notify the city (your immediate supervisor or the City Clerk) of any criminal drug statute conviction for a violation occurring in the work place no later than five (5) days after such conviction. Within ten (10) days of receiving notice of conviction, the city will notify the appropriate federal contracting or granting agency, if any, as required by federal law. (Within thirty (30) days of notice of the work place drug conviction, the city will require the employee to satisfactorily participate in a drug or alcohol assistance or rehabilitation program that is approved by the city and take appropriate disciplinary action up to and including discharge.) Any employee who violates this policy may be subject to discipline up to and including termination by the appropriate authority.

    The Drug Free Work Place Act requires the city to inform employees of the dangers of drug use in the work place. The following information is provided for that purpose.

    Federal acquisition regulations, 48 CFR section 223.7503, describe several serious concerns arising from drug abuse by employees and explain why those concerns implicate health and safety.

    (a) The use of illegal drugs on or off duty is inconsistent with law abiding behavior expected of all citizens. Employees who use illegal drugs, on or off duty, tend to be less productive, less reliable, and prone to greater absenteeism resulting in the potential for increased costs, delay and risk to the governmental functions expected of such employee.

    (b) The use of illegal drugs, on or off duty, by employees can impair the ability of those employees to perform tasks that are critical to proper performance and can also result in the potential for accidents on duty and for failures that can pose a serious threat to security, health and safety.

    (c) The use of illegal drugs, on or off duty, by employees in certain conditions can result in less than the complete reliability, stability, and good judgment that are consistent with their governmental function. Use of illegal drugs also creates the possibility of coercion, influence, and irresponsible action under pressure that may pose a serious risk to security, health and safety.

    There is no place within the city for drug abuse by its employees. Through our City Clerk's office, we offer information on available drug counseling, rehabilitation, and employee assistance programs. It is our sincere hope that anyone who has a substance abuse problem will seek appropriate professional assistance, before the problem threatens the individual's continued employment with the city. Outlined below are the city's policy and programs designed to comply with the federal anti-drug initiatives, to obtain our goal of a drug free work place, and to enforce these policies with drug/alcohol testing. These policies will supplement our existing rules concerning employee use of drugs and alcohol.

    Section 2. Drug/alcohol testing policy.

    (1) Purpose. The goal of this policy is to establish a drug, alcohol testing program (the test) to enforce the city's goal of having all employees free from the abuse or illegal use of drugs and alcohol.

    (2) Screening.

    (a) Employment applicants. The city requires applicants for all city positions be tested for drug usage as part of their pre-employment medical examinations. Pre-employment drug testing will occur at or near the final stage of the hiring process. Applicants will be notified prior to drug testing. The city requires that all applicants for appointment, promotion, or transfer to any safety sensitive positions submit to drug and alcohol screening in order to determine the individual's suitability for the position. Applicants are required to sign a consent/release form before submitting to screening. Applicants will be disqualified for hiring, continued employment, or transfer to a safety sensitive position if they test positive, refuse to submit to a test, or refuse to execute the required forms.

    (b) Safety-sensitive positions. The city requires drug/alcohol testing be performed on any position which involves the use of firearms, administering controlled substances or supplies the use of mechanical equipment and machinery, exposure to hazardous conditions, the care and custody of prisoners, the regular driving of a city vehicle, and duties which have the potential of causing serious injury or harm to themselves, other employees or the public. This includes all city departments, including, but not limited to Police, Fire and Streets and Sanitation.

    (3) Current employee testing.

    (a) Reasonable suspicion testing. An employee shall be subject to testing when a supervisor has reasonable suspicion that an employee has violated this policy. Reasonable suspicion shall mean one or more of the following:

    i. Apparent unusual or bizarre conduct, physical conditions or appearance, which would indicate that the employee is under the influence of drugs or alcohol;

    ii. Involvement in an accident during working hours or while operating city vehicles or equipment;

    iii. Involvement in a series or pattern of work accidents;

    iv. Continued or excessive absenteeism or tardiness after receiving discipline for such conduct;

    v. Indictment, arrest, or conviction for controlled substance offenses;

    vi. The smell of an alcoholic beverage on the breath;

    vii. Illegal possession of drugs, or possession of alcohol on work premises or while operating a city vehicle or equipment;

    viii. Any other objective fact or facts and reasonable inferences drawn there from, which would lead a reasonable person to suspect that the employee is using drugs, is using drugs illegally, or is under the influence of alcohol during working hours or while operating city vehicles or equipment;

    ix. Any employee with access or possible access to missing controlled substance inventory or controlled substance inventory that appears to be tampered with.

    The required observation for reasonable suspicion testing shall be made by a supervisor or designee who has been trained for at least sixty (60) minutes on alcohol misuse and an additional sixty (60) minutes on controlled substance misuse. The training shall cover the physical, behavioral, speech and performance indicators of probable use and misuse of alcohol and controlled substances.

    The supervisor or supervisors requesting testing shall prepare and sign written documentation explaining the circumstances and evidence upon which they relied within twenty-four (24) hours of the testing, or before the results of the tests are released, whichever is earlier. This documentation shall be provided by the department head to the personnel director and mayor prior to the ordering of such a test for an employee.

    Refusal by an employee to take the test shall be deemed insubordination, and shall be the basis of disciplinary action that may be administered by the appropriate authority.

    (b) Random testing. The city may conduct random, unannounced testing, of all safety-sensitive employees and employees subject to the Omnibus Transportation Employee Testing Act of 1991, as amended, and 49 C.F.R., part 40, as amended. Random tests are to be conducted throughout the year on at least ten (10%) per cent of the average number of city safety-sensitive positions for alcohol and fifty (50%) per cent for controlled substances for the first year of testing. The Federal Highway Administration will adjust the percentage from year to year based on the most recent year's national violation rate. The selection of employees for random alcohol and controlled substances testing shall be made by a computer based random generator that is matched with the employee's identification number. The random testing shall be unannounced and the dates of random testing shall be spread reasonably throughout the year. The City Clerk will be notified on the date of testing of the employees and the City Clerk shall require the employees selected to submit immediately that day to testing. In the event the employee is off work the date selected then the employee shall submit to testing the next scheduled work day.

    (c) Post-accident testing. For any employee accident occurring on duty, the employee's supervisor or department head shall immediately notify the City Clerk or her designee. The employee's supervisor is responsible for transporting the employee to a collection site for the required testing. An employee who is subject to post-accident testing must remain available for testing, or the employer may consider the employee to have refused to submit to testing. An alcohol test should be performed within two (2) hours of the accident. If the alcohol test is not performed within two (2) hours of the accident, the employer is to cease attempts to administer the test and document the reason for the failure in the file. For controlled substances, the test should be performed within four (4) hours of the accident. If the test cannot be taken within four (4) hours, the employer should cease attempts and document the reason for the failure in the file. The city will discipline any employee who fails to report an accident or submit to substance screening where required by law or this policy.

    Any employee who refuses to submit to or cooperate with a breath or urine test conducted and evaluated pursuant to standards adopted for drug testing by the U.S. Department of Transportation in C.F.R. part 40, will forfeit his or her right to recover workers' compensation benefits as set forth in § 25-5-1 et seq., Code of Alabama 1975.

    (d) Return to duty/follow-up, testing. All employees referred for rehabilitation or suspended for violation of this policy, are required to pass a return-to-duty test prior to being allowed to return to duty. For the alcohol test, the result must be .00 for the driver to be allowed to return to his or her duties. For controlled substances, the result must be a verified negative result. They may also be subject to unannounced testing following return to work up to a sixty-month period. The testing will include at least six (6) tests in the first twelve (12) months following his or her return to work.

    (e) Prescription Drug Impairment at Work. Employees using medication prescribed by a physician or using over the counter drugs are responsible for being aware of any potential affects such drugs may have on their reactions, judgment, or ability to perform their duties, and, if impairment is possible, they are responsible to report such use in writing and to provide a copy of the possible side effects sheet from the pharmacy to their supervisors prior to reporting to work. In the event the medication prescribed by a physician or over the counter drugs impair the employee's ability to work then the employee will be removed from any safety sensitive position during the period of impairment from the prescription drug or over the counter drug use. In the event there is no other work available, except safety sensitive work, then employee will be required to use accumulated vacation or paid time off during the period of such impairment. All leave after exhaustion of accumulated vacation or paid time off will be unpaid leave under the then existing city policies.

    Section 3. Testing procedures.

    (a) General guidelines. The city and the laboratory shall develop testing procedures as required by the Federal Department of Transportation, Procedures for Transportation Work Place Drug Testing Programs, 49 C.F.R., parts 40.1 through 40.39, as amended, and the Omnibus Transportation Employee Testing Act, 49 C.F.R., sections 40.51 to 40.83, as amended.

    (b) Forms. The city and laboratory will utilize a standard urine custody and control form for all employee testing and a standard breath alcohol testing form for all employee alcohol testing. A tamper-proof sealing system, identifying numbers, labels, and sealed shipping containers will be used for urine sample transportation.

    (c) Direct observation procedures. The city has adopted the direct observation procedures set out in section 40.25 of the Department of Transportation guidelines. An employer or medical representative at the collection site may directly observe an employee provide the specimen where there is reason to believe that an individual may alter or substitute the specimen or when the requirements of C.F.R. section 40.25(e)(2) have been met. All employees will be required to execute the drug and alcohol policy consent/release form.

    (d) Evaluation. The laboratory will submit the results of all tests to the medical review officer who will be responsible for reviewing the test results of employees and confirming the individuals testing positive have used drugs in violation of the policy. Prior to making a decision, the medical review Officer shall give the individual an opportunity to provide a medical explanation for the positive test (either in person or by telephone) and conduct an interview to determine if there is an alternative medical explanation to the rest result. If the employee provides appropriate documentation and the medical review officer determines that it is a legitimate medical reason, the test result is reported as a negative to the employer. The medical review officer shall then promptly report to the drug program coordinator, the employees or applicants who tested positive.

    Where a split specimen has been collected, an employee may request a retest of the split specimen within seventy-two (72) hours of notification of the positive test result. Where only one sample is submitted for testing, the employee may request the Medical Review Officer to conduct a retest of the original sample within seventy-two (72) hours after notification of the positive test result. All expenses of retesting shall be the sole responsibility of the employee. In the event the retesting results in a negative test, the city will reimburse the employee for the expenses of retesting.

    (e) Tested substances. Employees subject to testing pursuant to this policy may be regularly tested for marijuana, cocaine, opiates, amphetamines, alcohol and other controlled substances.

    (f) Results.

    (1) The laboratory shall report test results to the employer's medical review officer within an average of five (5) working days after receipt of the specimen.

    (2) Before any test result is reported, it shall be reviewed and the test certified as an accurate report by the responsible individual. The report shall identify the drugs/metabolites tested for, positive or negative, specimen number assigned, and laboratory identification number. Only specimens confirmed positive shall be reported positive for a specific drug.

    (3) The medical review officer shall report whether the test is positive or negative and may report the drug(s) for which there was a positive test, but shall not disclose the quantization of test results to the employer. The release of test results may occur in the following events:

    a. The information is compelled by law or by judicial or administrative process;

    b. The information is needed as evidence in a disciplinary hearing involving the subject employee;

    c. The information is needed to determine eligibility for employee benefits;

    d. The information is needed by medical personnel for the diagnosis or treatment of the employee who is unable to authorize disclosure;

    e. The information is relevant to worker compensation claims;

    f. Upon request by the Secretary of Transportation, any Department of Transportation agency, or any state or local officials with regulatory authority over the city or any of its employees;

    g. Information related to post-accident test results administered following an accident under investigation by the National Transportation Safety Board;

    h. When required to be kept under the Federal Highway Administration (FHWA) rules and regulations to the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the employee, and including, but not limited to, a worker's compensation claim, unemployment compensation, or other proceeding relating to a benefit sought by the covered employee and arising from the results of an alcohol and/or controlled substances test administered in accordance with the FHWA.

    (g) Disciplinary action. Employee applicants who test positive for illegal drug use shall be denied employment with the city. Employees who test positive for illegal drug use or being under the influence of alcohol during working hours or while operating city vehicles or equipment shall be subject to discipline up to and including termination by the appropriate authority. Nothing in the city's policy of providing and enforcing a drug-free work place shall be construed as precluding discipline for any act or acts committed by an employee who also tests positive for drugs or alcohol.

    (h) Assistance programs. Any employee who voluntarily comes forth and requests assistance will be referred to a drug and alcohol treatment program and not be subject to disciplinary action unless the employee has tested positive for illegal drugs as a part of the city's drug testing program or the employee was under the influence of alcohol or drugs while at work, on duty or while operating a city vehicle or equipment.

    An employee electing to enroll in a drug and alcohol treatment program and who is subject to disciplinary action for a violation of the city's drug and alcohol policy may be required to sign a last chance agreement as a condition of continued employment with the city. The treatment provider may be selected by the employee but must be approved by the City Clerk or the City Clerk's designee. The cost of the treatment program shall be at the sole cost and expense of the employee.

    Upon successful completion of the treatment program and a release to return to work from the treatment provider, the employee may be returned to work. The employee may be required to comply with return to duty/follow up testing for a period of five (5) years following completion of the treatment program. The failure to satisfactorily complete the treatment program or to fulfill any future terms of the agreement shall be grounds for disciplinary action up to and including termination.

    ATTACHMENT A

    AFFIRMATIVE ACTION PLAN
    EQUAL EMPLOYMENT OPPORTUNITY

    This affirmative action plan describes the policies and procedures used by the city to assure equal opportunities in its employment practices, its employee relations, persons, firms, or corporations who do not discriminate against any of their employees or applicants for employment because of race, color, religion, sex, disability, age, or national origin. It is designed to aid the city in maintaining an aggressive and effective equal opportunity program.

    The procedures set forth in this plan are to assure also that all city employees have an equal opportunity to develop and advance to the fullest extent of their skills and abilities, free from prejudicial action and discriminations.

    Equal employment opportunities provisions for the city assures that all applicants for employment shall have an equal opportunity to qualify for available job openings regardless of race, color, religion, sex, disability, age or national origin. All persons employed by the city shall be afforded the opportunity to advance to positions of greater responsibility and authority on an equal basis depending upon their skill and ability to perform the work required. Opportunities for education, training, promotion, or other established benefits shall not be abridged because of race, color, religion, sex, age, or national origin.

    Equal opportunities in procurement procedures for every written agreement by which the city purchases goods or services, whether by sealed bid or negotiated contract, shall contain a statement that the person, firm, or corporation furnishing such goods or services does not discriminate in employment of its personnel against any person or persons, or refuse to continue the employment of any person or persons, on account of their race, color, religion, sex, disability, age, or national origin, or words of similar import, and that, during the term of said contract or agreement, that it will not so discriminate. The form of such certification and provisions shall be specified by the city clerk.

    The city clerk shall act as the city's contract compliance officer to ensure compliance with the requirements of this plan of all vendors, contractors and others who supply goods and/or services to the city.

    Actions Directed to Assure Equal Employment Opportunities

    1. Employment vacancies shall as a minimum be advertised by posting a notice in a conspicuous place, and one that is convenient to the public, within city hall. The description of such vacancies shall include as a minimum the job title, the salary range, a brief description of the duties, the qualifications required of the applicant, and the recruitment closing date.

    2. A listing of all employment vacancies will in addition to being posted as outlined in number 1 above be furnished to the local state employment services offices so that office may assist in the recruitment of applicants.

    3. Position qualifications will be kept to the minimum required to fulfill the requirements of the job. Wherever practical, emphasis will be placed on hiring qualificable applicants where such applicant appears to have the potential abilities to perform the work required of the position.

    4. The degree of training that is reasonably necessary will be determined and applied for all positions to ensure that all job classes are available to minorities, the handicapped, and others.

    5. The phrase "equal opportunity employer" shall be included on all advertisements for position vacancies.

    6. Local and other news media may also be used in advertising position vacancies. Where such is the case, special attention will be given to advertising in local minority news media.

    EQUAL EMPLOYMENT OPPORTUNITY (EEO) OFFICER

    An employee of the city shall be appointed to act as the city equal employment opportunity officer. Such employee shall, acting in this capacity, report directly to the president of the council. The EEO officer will provide personal leadership and direction in implementing a positive equal employment opportunity program including administering a system for addressing complaints of discrimination, contract compliance, and all other matters pertaining to equal employment opportunities.

    The EEO officer shall at least twice annually prepare and submit to the mayor a report of the employment activities that have taken place. Such report shall include as [a] minimum the total number of persons employed by the city by job category, i.e., professional, administrative, clerical, technical, para-professional, skilled, and non-skilled. The report by category shall include details, such as sex, age levels, race and other distinguishing characteristics. The report will also include statements or comments regarding any activity or lack thereof which has affected the implementation of this plan.

    The EEO officer shall be responsible for providing an open and sympathetic channel through which employees and applicants for employment may raise questions and discuss matters relative to discriminatory acts due to race, color, religion, sex, age, or national origin. The EEO officer shall also advise employees of their right to register a formal complaint wherever informal resolution fails.

    DEPARTMENT HEADS, RESPONSIBILITIES

    The head of each city department shall review the employment practices of his/her department to assure compliance with this plan. Each department head shall take definitive and aggressive action to cooperate with the intent of this plan in assuring that all employees and applicants for employment are afforded an equal opportunity to receive all benefits regardless of their race, color, religion, sex, disability age, or national origin.

    Monitoring the Plan

    A. The department heads and EEO Officer shall:

    (1) Conduct analyses of all job categories to determine if minority group members are being under-utilized in any such categories in relation to their availability within the labor market area.

    (2) Perform analyses of the existing work force to determine organizational units and job categories where minorities are absent.

    (3) Take steps to ensure that this affirmative action plan is complied with by each supervisor and within each of the city's organizational elements.

    (4) Maintain adequate records to furnish timely data and information relative to the city's employed work force and employee practices.

    (5) Ensure that all persons, firms, or corporations who are desirous of furnishing goods and/or services to the city by contract or other instrument are aware of the contents of this affirmative action plan.

    (6) Periodically review this affirmative action plan and make whatever recommendations to the president of the council as may be deemed necessary to maximize its effectiveness.

    B. The mayor is authorized to promulgate such additional rules and regulations as may be determined to be reasonably necessary to ensure adequate and effective equal opportunities in all city practices and procedures.

    ATTACHMENT B

    CITY OF TUSCUMBIA POLICY PROHIBITING DISCRIMINATION AND SEXUAL HARASSMENT

    ORDINANCE NO. A-158

    I. PURPOSE

    A. To state the City of Tuscumbia's policy prohibiting discrimination and prohibiting sexual harassment;

    B. To specifically address sexual harassment, by defining what it is, by assisting employees in identifying sexual harassment, by listing types of sexual harassment and some concrete examples, by describing who can be involved in sexual harassment, and by providing employees a procedure by which they can complain of sexual harassment and have their complaints investigated and resolved; and,

    C. To encourage any employee who believes that he or she is a victim of sexual harassment to come forward and voice their complaint to their superiors, so that the City of Tuscumbia can act to end any sexual harassment.

    II. CITY OF TUSCUMBIA POLICY GOVERNING DISCRIMINATION

    It is the policy of the City of Tuscumbia, and all departments thereof, to provide equal employment opportunity and equal treatment to all employees in all aspects of employment without regard to race, color, religion, sex (including pregnancy), age (40 or over), national origin, or physical or mental disability (of an otherwise qualified individual).

    III. CITY OF TUSCUMBIA POLICY REGARDING SEXUAL HARASSMENT

    It is the policy of the City of Tuscumbia, and all departments thereof, to prevent sexual harassment and to guard against any occurrence which remotely resembles this illegal act. Sexual harassment lowers morale and is damaging to the work environment. Therefore, the City of Tuscumbia will treat sexual harassment like any other form of employee misconduct —it will not be tolerated.

    IV. SEXUAL HARASSMENT DEFINED

    "Sexual Harassment" is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, visual, written or physical conduct of a sexual nature when:

    A. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or

    B. Submission to or rejection of such conduct by any individual is used as the basis for employment decisions affecting an individual; or

    C. The purpose or effect of such conduct is to substantially interfere with the individual's work performance or to create a hostile or abusive work environment.

    V. IDENTIFICATION OF SEXUAL HARASSMENT

    Sexual harassment may occur in a variety of forms. Four categories of sexual harassment and some concrete examples of conduct which may constitute sexual harassment, if unwelcome, are:

    A. VERBAL unwelcome words of a sexual nature directed at another, including: making sexual demands or sexual propositions; sexual innuendos; demeaning sexual jokes; references to a person's anatomy; catcalls; whistles; demeaning name-calling; remarks on the intimate details of one's life or sexual likes or preferences; and, if unwelcome, invitations for lunch, dinner, drinks, or dates.

    B. VISUAL unwelcome exposure to visual objects such as: pictures, photos, drawings, cartoons, magazines, objects, or posters (including poster calendars); sexually obscene gestures or obvious staring; and, nudity.

    C. WRITTEN notes or letters of sexual content or propositions; sexually-explicit literature, poems, or magazine articles; and obscene words, phrases or graphics on walls, bulletin boards, or posters.

    D. PHYSICAL unwelcome physical contact with another, including: touching, hugging, kissing, patting, fondling, grabbing, rubbing, pinching, and in some instances close physical positioning.

    This list does not include all the possible behavior which could be viewed as sexually harassing by the City of Tuscumbia and which could result in job discipline. It is merely a list of offensive behaviors. Other behavior might be viewed as being sexually harassing depending on the circumstances and frequency in which they occur. Plus, some of the behavior on the list might not in all circumstances be sexually harassing, such as when they are not unwelcome.

    Employees are reminded, however, that certain behaviors may be inappropriate for other reasons, even if the behavior is not sexually harassing. For example, intimate behavior at work, such as kissing and hand-holding with a willing partner, is always unprofessional. The City of Tuscumbia wishes its employees to err on the safe side.

    VI. WHO CAN BE INVOLVED IN SEXUAL HARASSMENT

    Sexual harassment can occur in a wide variety of circumstances and may encompass many variables. It is important to realize that:

    • Victims can be of either gender (male or female);

    • Harassers can be of either gender (male or female);

    • Harassers may be supervisors of victims, but harassers may also be co-workers or even non-employees;

    • Harassers and victims need not be of the opposite gender, if the conduct is still based upon sex;

    • Victims may be third-party observers, affected by the behavior of others and exposed to a hostile or abusive atmosphere based upon sex;

    • Victims need not suffer any financial loss;

    • The sexual harassment need not seriously affect a victim's psychological well-being or lead the victim to suffer injury; instead, conduct or an environment based upon sex that a reasonable person would and does believe to be hostile or abusive constitutes sexual harassment.

    VII. IF YOU ARE SUBJECTED TO SEXUAL HARASSMENT, REGISTER A COMPLAINT WITH YOUR SUPERIORS.

    Any employee of the City of Tuscumbia who feels they have been subjected to sexual harassment should register a complaint with their immediate superior. However, if it is their immediate superior who is the alleged harasser, the employee should register their complaint with the superior next in charge. If all supervisors over the employee are believed to be involved in the sexual harassment, the employee should register their complaint with the Mayor. Likewise, if an employee believes that the Mayor is involved in the sexual harassment, the complaint should be made to any Department-level supervisor.

    The sexual harassment complaint may initially be made verbally, by talking to the appropriate supervisor. The complaint will then have to be put in writing and signed and dated by the person complaining. An employee may write their own complaint, or, if the employee wishes, the supervisor will assist the employee in drafting a complaint of sexual harassment. To the extent practicable, a complaint of sexual harassment will be kept confidential, with due regard to the sensitive nature of such complaints.

    VIII. PROMPT INVESTIGATION OF COMPLAINT

    The City of Tuscumbia shall fully, impartially and promptly investigate any sexual harassment complaint filed by one of its employees.

    IX. CONFIDENTIAL REPORT OF INVESTIGATION

    A confidential written report of the result of the investigation will be submitted to either an impartial supervisor of the complainant or to the Mayor, depending on the situation at hand. Also, the complainant will be promptly informed of the results of the investigation. If the investigation reveals that the accused harasser acted in a manner to sexually harass the complainant, the accused employee will also receive a copy of the special investigator's report.

    X. PROMPT REMEDIAL ACTION.

    The City of Tuscumbia will take prompt action to end any sexual harassment. Following a report finding that sexual harassment in fact occurred, the City of Tuscumbia shall take immediate steps to discipline the offending employee or employees, including, if appropriate, immediate discharge.

    Any City of Tuscumbia employee who acts in a manner to sexually harass any other City of Tuscumbia employee is acting outside the line and scope of their employment with the City of Tuscumbia.

    XI. RIGHT OF REBUTTAL

    Both the complaining employee and the employee who has been accused of sexual harassment have the right to submit facts, documents or other evidence contesting the report to a higher supervisor, or the Mayor, if the circumstances so dictate.

    XII. RETALIATION PROHIBITED

    No employee of the City of Tuscumbia shall discharge or otherwise discriminate or harass any other City of Tuscumbia employee who has filed a complaint of sexual harassment under this policy or who has sought redress for sexual harassment with the Equal Employment Opportunity Council or by instituting an action in Court.

    XIII. FALSE CLAIMS

    Any employee of the City of Tuscumbia who knowingly files a false complaint shall be subject to disciplinary action up to and including, if deemed appropriate, termination of employment.

    XIV. NOTICE

    The City of Tuscumbia shall take all appropriate steps to inform all employees of the City of Tuscumbia of the contents of this policy.

    The City of Tuscumbia encourages employees to come forward if you have a complaint of sexual harassment. We assure each employee that no retaliatory action will be taken or allowed against any employee who asserts a sexual harassment complaint. Remember, if you do not make your complaint known to your superiors, there will not be any opportunity for the City of Tuscumbia to assist you in ending the sexual harassment.

(Ord. No. 06-0220, 2-20-2006; Ord. No. 07-0702, 7-2-2007)

(Ord. No. 07-0702, 7-2-2007)