Chapter 2.20
OFFICERS AND EMPLOYEES GENERALLY
Sections:
2.20.010 Repealed.
2.20.020 Discrimination prohibited.
2.20.010 Conflict of interest.
Repealed by Ord. 05-11. (Ord. 74-A-2 § 2.4(10), 1975; Ord. 82-A-1 § 4, 1982; Ord. 86-03, 1986; Ord. 97-06, 1997)
2.20.020 Discrimination prohibited.
No person may be appointed to or removed from municipal office or employment or in any way favored or discriminated against because of race, color, religion, sex, national origin, age, physical or mental disability, marital status, change in marital status, pregnancy, parenthood or, unless otherwise contrary to law, because of a person’s political opinions and affiliations or any other characteristic protected by law. (Ord. 74-A-2 § 2.4(12), 1975; Ord. 96-04, 1996)
2.20.030 Nepotism prohibited.
A. No person shall act as a supervisor of any person employed by the City who is a member of the supervisor’s immediate family, nor shall any person be permitted to work for the City under the direct supervision of a supervisor who is a member of the person’s immediate family.
B. Intentional violation of this section shall be grounds for suspension, discharge or removal from office, denial of compensation or other disciplinary action.
C. “Immediate family” means parents, spouse, children, grandparents, grandchildren, brothers, sisters, aunts, uncles, nephews and nieces, sisters-in-law, brothers-in-law, sons-in-law, daughters-in-law, mothers-in-law or fathers-in-law and/or any other relative residing permanently in the same household.
D. No employee shall suffer a discharge, demotion or other arbitrary action by the City when circumstances find an employee and a member of his immediate family working together not in a supervisor/supervised relationship. No employee shall be discriminated against for promotion when, as a result, he or she would be working with another member of his immediate family not in a supervisor/supervised relationship. Again, however, no employee may serve in a supervisory capacity over a member of his immediate family.
E. If nepotism occurs, through no fault of the involved parties, the lower paid employee shall be re-assigned or terminated unless otherwise determined by the Council. No employee of the City shall be discriminated against for promotion, advancement or transfer where such promotion, advancement or transfer can be reasonably accommodated by the City, consistent with this section and HMC 2.20.020 respectively. (Ord. 89-06, 1989; Ord. 96-04, 1996; Ord. 97-06, 1997)
2.20.040 Sexual harassment.
Sexual harassment is defined in accordance with state and federal law as may exist from time to time, and is currently defined as follows:
A. Unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
1. Submission to such conduct is made either explicitly a term or condition of an individual’s employment; or
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual’s work performance or creating an intimidating, hostile, or offensive working environment.
B. Examples of sexual harassment also include unwelcome sexual flirtations or propositions, verbal abuse of a sexual nature, subtle pressure or requests for sexual activities, unnecessary touching of an individual, graphic or verbal commentaries of a sexual nature about an individual’s body, sexually degrading words used to describe an individual, a display in the work place of sexually suggestive objects or pictures, or offensive jokes of a sexual nature, any or all of which continues after a request is made for it to stop. Any employee or volunteer who feels that he or she is a victim of sexual harassment by any supervisor, management official, other employee, volunteer or customer or any other person in connection with employment with the City should bring the matter to the immediate attention of the employee’s supervisor, Mayor or Deputy Mayor. The employee may also bring the matter to the attention of the Alaska Commission for Human Rights and the Federal Equal Employment Opportunity Commission.
C. Upon receiving notice of a sexual harassment complaint, the matter shall be promptly investigated in a confidential manner. Any employee who is determined, after investigation, to have engaged in sexual harassment in violation of law will be subject to appropriate disciplinary action, up to and including discharge. (Ord. 96-01, 1996; Ord. 96-04, 1996; Ord. 97-06, 1997)