All City policies are outlined in the Personnel Policies Manual. The Policies were adopted by the Fremont City Council on September 7, 1999.
Accommodation of Disabilities:
Michigan law requires employers to make reasonable accommodations to qualified disabled applicants and employees where the accommodation does not impose an undue hardship on the employer. Disabled employees and applicants may request an accommodation by notifying the City in writing of the need for accommodation within one hundred and eighty-two (182) days of the date the person knows or should know that an accommodation is needed. Failure to properly notify the City will preclude any claim that the City failed to accommodate the disabled individual.
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Sexual Harassment and Unwanted Conduct Policy:
Purpose:
To establish prevention against sexual harassment and unwanted conduct in the City working environment.
Definitions:
- "Employee" includes all City personnel.
- "Sexual Harassment" includes any unwanted or repeated verbal or physical sexual advances, sexually explicit, provocative or suggestive statements, innuendo or comments, or sexually oriented conduct or physical conduct, made by another employee which are reasonably offensive or objectionable to the recipient or which reasonably causes the recipient discomfort or humiliation, or which reasonably interferes with the recipient's work performance.
- "Unwanted Conduct" includes any conduct, verbal or physical, which is of an ethnic, racial or religious nature, which reasonably causes the recipient discomfort or humiliation, or which reasonably interferes with the recipient's work performance.
- "Shall" is mandatory, not permissive.
Policy:
It shall be the policy of the City of Fremont that as an employee you have the right to expect a working environment free of unwelcome sexual advances, requests for sexual favors, communication of a sexual nature and/or other unwanted verbal or physical conduct which is of an ethnic, racial or religious nature.
This policy shall be followed at all times including but not limited to the following:
- When submission to such conduct or communication is made an express or implied condition of obtaining employment.
- When submission to or rejection of such conduct is used as a basis of or a factor in decisions affecting the employment of any personnel.
- When such conduct or communication has the purpose or effect of interfering with an employee's duty assignment or work performance or creating an intimidating, hostile or offensive environment.
Procedure:
- An employee who believes he/she has been subjected to sexual harassment or unwanted conduct shall promptly report the incident (preferably within 10 days) after the alleged occurrence, to the City Manager, a Department Head or other supervisory personnel. Any management employee receiving notification of alleged harassment is obligated to promptly inform the City Manager of the allegation. In the event the City Manager is charged with harassment, the charges of harassment shall be reported to the City Council, which will fulfill the obligations of the City Manager stipulated below.
- The City Manager or his/her designee shall promptly investigate a complaint of sexual harassment or unwanted conduct. Every effort will be made to handle all such complaints in a fair, impartial and speedy manner, with concern for the principles of due process and fairness. In order to protect both the person making the complaint and the person(s) against whom the complaint is made, every reasonable effort will be made to handle all complaints in a confidential and discreet manner.
- A meeting shall be held between the person making the complaint and the City Manager as soon as possible, but not later than ten (10) days following the report of the alleged occurrence(s). Following this meeting, the employee(s) against whom the complaint has been made shall be given a full opportunity to respond to the allegations.
The investigation conducted shall also include interviews, where appropriate, with other witnesses to the alleged occurrence(s) of sexual harassment or unwanted conduct.
Following completion of the investigation, if it is determined that sexual harassment or unwanted conduct did, in fact, take place, immediate action, including discipline up to and including dismissal, will be taken to remedy the situation and prevent its recurrence.
- All Department Heads and supervisory personnel shall be expressly responsible for immediately reporting to the City Manager any occurrence they witness or become aware of in any area of their department.
- If at all possible, immediate action shall be taken by the Department Head and supervisory personnel to limit and restrict, during the pendency of a sexual harassment or unwanted conduct complaint, any work assignments or contact between the employee making the complaint and the employee(s) against whom the complaint is made.
- Retaliatory action or conduct of any kind taken by any member of the department or the City against an employee as the result of that employee having sought redress under this policy is strictly prohibited and shall be regarded as a separate and distinct violation of the City's policies and procedures.
- Any questions, concerns or other inquiries regarding the conduct prohibited by this policy or the procedures contained herein shall be directed immediately to the City Manager.
Non-Compliance:
Failure to comply with the provisions of this policy shall result in disciplinary action. Any employee who has an alleged misconduct complaint filed against them and violates Paragraph 6 above, during or after the investigation, shall be subject to further disciplinary actions.
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Drug-Free Workplace Policy:
(DRUG-FREE WORKPLACE ACT)
The City of Fremont recognizes alcoholism and drug dependency as an illness for which there is effective treatment and rehabilitation. To comply with the Drug-Free Workplace Act of 1988, the City has adopted the following policy: The unlawful manufacturing, distribution, dispensation, possession, or use of a controlled substance is prohibited in our workplace. This policy is not intended to supersede any contract language.
Persons who suspect that they may have an alcoholism or drug dependency problem, even in its early stages, are encouraged to seek diagnosis and follow through with the treatment that may be prescribed by qualified professionals in order to arrest the problem as early as possible.
Any person having these problems will receive the same careful consideration and offer of treatment that is presently extended under our existing benefit plans to those having other physical disabilities.
The same benefits and insurance coverages that are provided for all other diseases under the established benefit plan will be available for individuals who accept medically approved treatment of alcoholism or drug dependency according to our health plan.
Nothing in this statement of policy is to be interpreted as constituting a waiver of management's responsibility to maintain discipline, or the right to take disciplinary measures in the case of poor performance or misconduct that may result from alcoholism or drug dependency.
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Workplace Violence
The City is committed to reducing the potential for workplace violence. In this regard, it is the policy of the City to prohibit acts or threats of violence by any party, directed toward employees, citizens, elected officials, visitors to the City’s facilities or others.
Related to this policy, the City is committed to the following:
- Providing a safe and healthful work environment, consistent with health and safety rules.
- Taking prompt remedial action, up to and including discharge against any employee who engages in threatening behavior or acts of violence.
- Taking appropriate action against any non-employee who engages in such behavior including former employees and visitors to City facilities, up to and including criminal prosecution.
- Prohibiting unauthorized firearms or other weapons on City premises.
Employees who display a tendency to engage in violent, abusive or threatening behavior may be referred to the City’s health plan for counseling or other appropriate treatment. Such employees may also be subject to disciplinary action, up to and including discharge.
Additionally, it is the responsibility of City employees to assist in identifying problem employees. Supervisory personnel should be immediately notified of situations or incidents involving threats, acts of violence, aggressive behavior, threatening or offensive comments and similar acts. Employee reports made pursuant to this policy will be held in confidence to the maximum possible extent. The City will not tolerate retaliation against any employee reporting a violation of this policy.
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