I Introduction

Unlawful discrimination, harassment, and/or retaliation in any form, including electronic communications, constitutes misconduct that undermines the integrity of the employment relationship. Therefore, West Valley City prohibits discrimination and/or harassment that is sexual, racial, or religious in nature or is related to anyone’s gender, gender identity, national origin, age, sexual orientation, disability, genetic information, or any other basis protected by federal, state, or local law. This policy applies to all employees throughout the organization and to all individuals who may have contact with any employee of this organization.

Unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a harassing and/or discriminatory nature will constitute harassment and/or discrimination when the person involved feels compelled to submit to that misconduct in order to keep his/her position, to receive appropriate pay, or to benefit from certain employment decisions. If this type of misconduct interferes with an employee’s work or creates an intimidating, hostile, or offensive work environment, it also may be considered harassment and/or discrimination. This behavior can include but is not limited to suggestive or insulting noises, facial expressions, vulgar language, nicknames, slurs, derogatory comments, cartoons, jokes, written materials, and offensive gestures or touching.

1. The safety and security of all employees is of primary importance at West Valley City. Any threats, stalking, threatening and abusive behavior, bullying, or acts of violence against employees, visitors, citizens, and or City facilities or property by anyone on West Valley City property, or on a City controlled site, will not be tolerated (even those made in jest).

2. Stalking of other employees is not permitted. This includes behavior or activity that collectively instills fear in a victim, and/or threatens her or his safety, mental health, or physical health. Such behaviors and activities may include, but are not limited to verbal or physical harassment, verbal or physical threats, assaults, and non-consensual communication including: in-person conversations, telephone calls, voice messages, emails, written letters, gifts, or any other communications that are undesired and place another person in fear. This includes all online, electronic, or digital technologies. If safety is an immediate concern, employees should contact law enforcement for assistance.

3. Employees who engage in these activities shall be removed from the premises pending the outcome of an investigation. Following the investigation, the City will initiate an immediate and appropriate response. This response may include but is not limited to suspension and/or termination of any business relationship, reassignment of job duties, suspension or termination of employment, and/or civil or criminal prosecution of the person or persons involved.

1. A whistleblower as defined by this policy is an employee of West Valley City who reports an activity that they consider to be illegal or dishonest. West Valley City treats all expressions or complaints of possible illegality or abuse of power or authority seriously, and as potential whistleblower matters, regardless of where and how expressed. The whistleblower is not responsible for investigating the activity or for determining fault or corrective measures. Investigations into these matters will be handled as defined under part 7.III of this handbook.

2. If an employee has knowledge of or a concern of illegal or dishonest fraudulent activity, the employee is to contact his/her immediate supervisor or the Human Resource Director. An employee who intentionally files a false report of wrongdoing will be subject to discipline up to and including termination of employment.

3. Insofar as possible, the confidentiality of the whistleblower will be maintained. However, identity may have to be disclosed to conduct a thorough investigation, to comply with the law and to provide accused individuals their legal rights of defense. West Valley City will not retaliate against a whistleblower. This includes, but is not limited to, protection from retaliation in the form of an adverse employment action such as termination, compensation decreases, or poor work assignments and threats of physical harm. Any whistleblower who believes they are being retaliated against must contact the Human Resources Director immediately. The right of a whistleblower for protection against retaliation does not include immunity for any personal wrongdoing that is alleged and investigated.

a. West Valley City adopts the Municipal Officers and Employees Ethics Act, Sections 10-3-1301, et seq., Utah Code Annotated 1953, as amended, which establishes standards of conduct for employees to disclose actual or potential conflicts of interest between public and personal duties. Employees are responsible for complying with the disclosure requirements for personal interests and restrictions governing the acceptance of gifts as provided in the Act.

b. The following acts are prohibited:

i. Disclosing confidential information acquired by reason of an official position or using such information to secure special privileges or exemptions for the employee or others.

ii. Using or attempting to use an official position to secure special privileges or the employment of others.

iii. Knowingly receiving, accepting, taking, seeking, or solicitation, directly or indirectly, any gift or loan for the employee or others if the gift or loan would influence a reasonable person in the discharge of official duties. This section does not apply to:

•Non pecuniary gifts having a value of less than $50.

•Publicly presented awards.

•Bona fide loans made in the ordinary course of business.

•Political campaign contributions actually used in a political campaign.

c. Conflict disclosure provision rules and forms for disclosure compliance is available from the Human Resource Office for the following types of disclosure.

i. Business Assistance.

ii. Regulated Business.

iii. Doing business with the City.

1. It is the desire of the City that employees reflect an appropriate business image to customers, visitors, and residents. How you dress, your grooming and personal cleanliness standards all contribute to that image and also to the morale of your co-workers. During business hours or whenever representing the City, you are expected to present a clean, neat, and tasteful appearance. You should always dress and groom yourself according to the requirements of your position. This is particularly true if your job involves dealing in person with customers, visitors, or residents.

2. In order to maintain a professional atmosphere and appearance and to promote the health and safety of employees the following minimum prescribed standards shall apply to all employees:

a. Employees must be able to perform their jobs without interfering with others ability to perform their jobs. Therefore, employees must maintain a high standard of personal hygiene. Employees must appear neat and clean and have no offensive odors. An employee’s hair must be clean and groomed.

b. Employees must wear clothing appropriate to their employment. Appropriateness may vary depending upon the nature of work performed and the degree of public contact.

c. Employees should use good judgment in selecting clothing that is appropriate for their work environment. Employees must wear clothing that is clean and neat, and not torn or frayed. Employees must avoid clothing that is unduly revealing, immodest, may cause distraction or is otherwise inappropriate for a professional office setting or other work environment.

d. All employees that are required to wear uniforms at work must cover tattoos of any nature.

e. Department Heads may require employees who do not wear a uniform to cover tattoos under certain circumstances related to work.

f. Visible Tattoos, brands, scarification, body art, or decals that depict gang affiliation, sexual activity, are obscene, or advocate sexual, racial, religious, or ethnic discrimination are prohibited during work hours or at any time while in uniform, identifiable city clothing, or representing the City.

g. Unless otherwise prohibited by departmental policies, one or two typical earrings per ear worn in ears that have been pierced, but not stretched, are permitted during work hours. Employees are prohibited from attaching, affixing, or displaying objects, articles, jewelry, or ornamentation to the body.

h. Abnormal shaping of the ears, eyes, nose, or teeth, and stretched body piercing are prohibited.

i. Exceptions to this policy may be made on a case by case basis to prevent discrimination based on religion, national origin, gender related identity, or other legal basis.

j. Employees who violate these guidelines may be disciplined up to and including termination of employment.

The purpose of this policy is to protect employees from coercive or hostile relationships that may damage morale and reduce productivity because of bias, favoritism, or harassment. Personal relationships are defined to include intra office dating, cohabitation or any other relationship that could give rise to an actual or perceived conflict of interest or appearance of favoritism. It is recognized that certain personal relationships between supervisors and their subordinates could lead to actual or perceived conflicts of interest, favoritism or sexual harassment. A supervisor should not be involved in a personal relationship with a subordinate. Supervisors who have dated or are dating another employee should not supervise or evaluate that employee. If an employee is hired, promoted, transferred, or otherwise changed into a position that would violate this policy, the situation should be immediately reported to the Human Resource Office who will discuss the concerns with the employees involved. The City will evaluate each situation and determine what changes need to take place to comply with this policy. If no changes can be made an employee may be transferred or terminated.

West Valley City believes that employees should be ever mindful of their conduct on and off the job due to the high level of trust the citizens place in their public servants whether they are elected, appointed or otherwise employed by our municipality. An employee’s off-duty conduct shall be governed by these policies to the extent that it is related to their ability to perform official duties or to the extent that it may be indicative of unfitness for their position, or conduct that tends to disrupt or diminish the public trust. Employees who fail to report promptly and fully their activities that have resulted in official contact by any law enforcement agency may also be in violation of this policy. Employees who violate these “off duty” standards of conduct are subject to discipline up to and including termination.

1. If an employee feels they have been subjected to any form of harassment, and/or discrimination, bullying, stalking, workplace violence, or any other violation of these policies, they should notify their supervisor, Human Resources, or the City Attorney, as soon as possible. Employees are not required to approach the person who is harassing, stalking and/or discriminating against them, and they may bypass any offending member of management. The person(s) receiving the complaint must report it to Human Resources. Human Resources will take the necessary steps to initiate an investigation of the claim.

2. With respect to workplace violence, even without a specific threat, all employees should report to their supervisors, Human Resources, or the City Attorney any behavior they have witnessed that they regard as potentially threatening, violent, or that could endanger the health or safety of an employee when the behavior has been carried out on West Valley City premises, or on a City controlled site, or is connected to City employment or City Business. Employees are responsible for making this report to their supervisor, Human Resources, or the City Attorney regardless of the relationship between the individual who initiated the threatening or harassing behavior and the person or persons being affected. West Valley City understands the sensitivity of the information and respects the privacy of the reporting employee. The City will maintain the anonymity of the reporting individual when at all possible.

West Valley City shall promptly investigate allegations of misconduct. If warranted, the City shall take appropriate corrective actions and impose appropriate discipline. Amended 05/25/21 EO 21-151

West Valley City prohibits retaliation of any kind against employees who report harassment, stalking and/or discrimination or assist in investigating such complaints. If an employee feels they have been subjected to any form of retaliation, the employee should report that conduct to his/her immediate supervisor, another member of management, Human Resources, or the City Attorney as soon as possible after the offense. Employees are not required to approach the person who is retaliating against them, and they may bypass any offending member of management.