ORD 622 01/13/2004 ORDINANCE 622
CITY OF CIBOLO SEXUAL HARASSMENT POLICY
The City of Cibolo is committed to taking all reasonable steps to prevent all forms of
discrimination and harassment in the workplace.In particular,the City strives to maintain a work
environment that is free of sexual harassment, sexual exploitation and intimidation. In addition to
other forms of discrimination the city maintains a strict policy prohibiting sexual harassment,
which will not be tolerated from any employee, supervisor,vendor or agent and any level.
Section 1. Sexual Harassment Defined
Sexual harassment is defined as unwanted sexual favors,advances or request for favors or visual,
verbal, or physical conduct of a sexual nature or based on a person's gender when:
1) Submission to that conduct is made either explicitly or implicitly a term or
condition of employment.
2) Submission or rejection of such conduct by an individual is used as the basis for
employment decisions.
3) The conduct has the purpose or effect of substantially interfering with an individual's
work performance or creating an intimidating,hostile or offensive work
environment.
The following is a partial list of conduct that could be sexual harassment:
1. Unwanted sexual advances or propositions.
2. Offering employment benefits in exchange for sexual favors.
3. Making or threatening reprisals after a negative response to sexual advances.
4. Visual conduct(e.g., Jeering,making sexual gestures,displaying of sexually
Suggestive objects,pictures cartoons, or posters).
5. Verbal conduct(e.g.,using derogatory comments, sexually explicit jokes, comments
about an employee's body or dress).
6. Verbal abuse of a sexual nature,graphic verbal commentary about an individual's
body, sexually degrading words to describe an individual, suggestive or obscene
letters,notes invitations or emails.
7. Physical Conduct(e.g.,touching,impeding or blocking movement).
Sexual harassment on the job is unlawful whether it involves co-workers harassment or
harassment by a supervisor or manager.All employees found to have been engaged in sexual
harassment will be subject to disciplinary action,including termination.
Section 2.Intimate Relationships
A manger or supervisor engaged in an intimate personal relationship (i.e., sexual relationship)
with an employee,whether under their supervision or not,must disclose the nature of the
relationship to upper management or the City Council.A manager or supervisor engaged in such
relationship is prohibited from serving in a decision-making role for that employee. Failure of the
manager or supervisor to immediately disclose this relationship can result in disciplinary action,
including termination.
Section 3. Complaint Reporting,Procedure,and Investigation
Employees who believe they have been sexually harassed on the job or who are aware of the
harassment of others must provide a written complaint to the City Administrator as soon as
possible. The complaint must include details of the incident(s),names of individuals involved,
and the names of any witness. Supervisor and Managers must immediately refer all harassment
complaint. 10 the City Administrator.Failure of a supervisor or manager to report and
adequately address a harassment complaint will result in disciplinary action, including
termination.
If the employee's complaint involves the City Administrator,the employee must provide a written
complaint to the Mayor. If the employee's complaint involves any member of the City Council,
the employee must provide a written complaint to the City Administrator or the City Attorney.
All incidents of sexual harassment that are reported will be investigated. Once a written
complaint has been presented,the City Administrator,Mayor or designated representative will
immediately undertake an effective,thorough, and objective investigation of the harassment
allegations. The investigation will be completed and a determination regarding the alleged
harassment will be made and communicated to the employee(s)who complained and the accused
harasser(s).If a complaint of sexual harassment is substantiated appropriate disciplinary action,
up to and including termination,will be taken.
Complaints and investigations will be conducted with confidentiality to the greatest extent
permitted by law.However,given that the City of Cibolo is a governmental entity,certain
information may,at some point,be available to the public.Anonymity is not and cannot be
guaranteed.All reasonable steps will be taken to protect the rights of the employee(s)who
complained as well as the accused harasser(s).
Section 4.Retaliation
City policy prohibits retaliation against any employee,by another employee, supervisor/manager,
or by the City,for using this complaint procedure or for filing,testifying,assisting, or anticipating
in any manner in investigation,proceeding,or hearing conducted by the City or by a federal, state
or local enforcement agency.
Section 5.Harassment by the Public or Service Provider
In addition, if any employee feels that he or she has been harassed by a member of the public, a
service provider, or a public official during the course of their employment,the employee should
report there complaint in writing to their immediate supervisor or to the City Administrator.
There will be no reprisals against any employee for making any such report.
PASSED AND ARPPROVED THIS 13m DAY JANUARY 2004.
Yuji//
Charles Ruppert
Mayor
ATTEST:
Yvonne Griffin
City Secretary
I HAVE RECEIVED, REVIEWED AND UNDERSTAND
THE CITY OF CIBOLO'S POLICY ON SEXUAL HARASSMENT.
Employee Printed Name Employee Signature
Date
WITNESSED BY: