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18-R-25 - Employee Policy regarding conduct and disciplineRESOLUTION NO. 18 -R -25 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AN EMPLOYEE POLICY RELATED TO EMPLOYEE CONDUCT AND DISCIPLINE IN THE WORKPLACE AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the. City staff of the City of Schertz (the "City ") has determined that an addition to the Federal and State protections against harassment need to be included in the City's Prohibition on Harassment Policy; and WHEREAS, City staff have determined that these additions to the policy are necessary to establish appropriate workplace environment expectations and to lower the risk to the City from behavior that is prohibited by this policy; and WHEREAS, the additions to this policy will clarify the City's stance on harassment for current employees and potential candidates for positions in the future; and WHEREAS, City employees who choose to not follow these policies will be subject to discipline up to and including termination of employment; and WHEREAS, the City Charter, Section 6.02 Operational and Personnel Policies states that personnel policies which affect the budget and employee discipline and /or adverse actions shall be approved by the City Council; WHEREAS, the City Council has determined that it is in the best interest of the City to approve this updated policy attached hereto as Exhibit A; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the updated Prohibition of Harassment Policy as set forth in Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 27th day of February, 2018. CITY OF SCHERTZ, TEXAS f ' r Mayoi, Michael R. Carpenter z ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Updated Prohibition of Harassment Policy Exhibit A A -1 SC H E RITZ I OCOMMUNITY PPORTUNITY CITY OF SCHERTZ EMPLOYEE HANDBOOK Harassment Prohibited PREPARED BY: Human Resources APPROVED BY: City Council DATE APPROVED: EFFECTIVE DATE: REPLACES VERSION: 5.2 Harassment In accordance with federal and state law, it is the policy of the city to provide and maintain a work environment that is free of any and all forms of harassment based on race, age, gender, religion, color, disability, or national origin. In addition, the City prohibits discrimination on the basis of sexual orientation or gender identity. The City will not tolerate such harassing behavior at any time or for any reason. 2. No city employee may engage in conduct at work that involves or could be construed as involving harassment toward any city employee, resident, customer, or visitor on the basis of race, age, gender, religion, color, disability, national origin, sexual orientation, or gender identity. 3. Employees shall report harassment pursuant to the Reporting Sexual Harassment or Other Types of Harassment Policy.