HUTCHINSON, Kan. — At the request of media members who were present at the meeting where City Manager Kendal Francis was terminated, City Attorney Paul Brown provided the relevant sections of the City of Hutchinson employee handbook that were referenced.
Section 401-Standards of Conduct.
All City of Hutchinson employees are responsible for meeting reasonable performance and ethical standards in their work activities. All employees are expected to exercise common sense and conduct themselves in a courteous and professional manner while interacting with co-workers and members of the general public. Additionally, any off-the-job conduct which undermines the city’s reputation, harms public confidence, renders the employee unable to perform duties or appear for work, or that causes reluctance, refusal or inability of other employees to work with the employee may result in disciplinary action up to and including termination of employment.
An employee who disobeys or refuses to follow work assignments, direction or policies from management shall be considered insubordinate unless the direction is immoral, unethical, unlawful or dangerous to the health and safety of City employees or members of the public. If an employee believes that a work assignment or direction is inappropriate or incorrect, he/she is expected to do as directed and take the matter up with management at a later time.
The following is a list of offenses for which an employee may receive corrective action up to and including termination. Because it is impossible to list every offense that may occur in the workplace, this list is not all-inclusive. Examples of unacceptable conduct include:
Making false statements on applications for City employment or related documents, including but not limited to professional credentials or certifications, references, previous work experience and criminal records;
Unsatisfactory work habits, tardiness, violation of break and lunch policy, departing prior to the designated time, excessive absenteeism, neglecting work duties or wasting time during work hours;
Damaging City property including but not limited to, motor vehicles, tools, uniforms, computer hardware, software and data, equipment or other City property due to carelessness or inattention;
Threatening or displaying physically intimidating behavior towards a co-worker, supervisor or member of the general public;
Participating in activities which is inconsistent with paid sick leave, limited duty or injury leave (including other employment, self-employment, sports, hobbies, etc.);
Engaging in work disruption or stoppage, strike, or other forms of job action or withholding of services;
Performing work for another employer, organization or private business while on duty;
Making false or untrue statements to management, fellow employees or members of the general public regarding work-related matters;
Impeding an internal investigation regardless of whether the employee is a witness or the focus of the investigation. Such actions include refusing to cooperate; withholding relevant information; destruction of records; or providing untruthful, misleading or intentionally evasive responses or information;
Theft, misappropriation, destruction, abuse or waste of public and/or private property, including City tools, equipment, fixtures, facilities or supplies;
Falsifying or tampering with time records or other personnel-related records;
Accessing, removing or disclosing any confidential information or records of any kind without proper authority;
Misuse, alteration, concealment, falsification or willful omission from any City record or report, including but not limited to timesheet reporting, accident or injury reports, personnel records and benefit enrollment forms;
Engaging in sexual harassment and other forms of illegal discrimination;
Creating or contributing to an unproductive work environment, participating in or allowing horseplay, or disorderly conduct;
Making or publishing false or malicious statements (to include blogging, email, letter, gossip, etc.) concerning any employee, director, supervisor, client, vendor, the public, the City or its operations;
Fighting, participating or encouraging acts or threats of physical violence, intimidation or coercion;
Using abusive, offensive, or obscene language or conduct towards the public, City officials or employees;
Violating safety rules or accepted safety practices;
Failing to report direct or indirect financial interest that could be considered a conflict of interest;
Failing to report criminal charges and/or conviction of criminal charges in a timely manner;
Failing to immediately report the loss of a job-related license or certification (including driver’s license);
Failing to comply with the City's Drug Free Workplace and Testing Policy;
Failing to report the employee misconduct to management;
Using City material, time, equipment or property, including but not limited to inappropriate use of e-mail, electronic communications, Internet and/or computer networks in an inappropriate or unauthorized manner; and
Additional Standards of Conduct for Supervisors, Managers and Administrators – The City holds all employees that hold positions of trust and responsibility as a supervisor, manager or administrator to a higher standard, and expects conduct and behavior that is above reproach. As such, they shall not engage in conduct or behaviors such as:
Aiding or cooperating with subordinate employees in the violation of work rules, policies or directives;
Failing to initiate formal disciplinary action against subordinates for violation of work rules, policies or directives;
Failing to treat all subordinates in a fair and non-discriminatory manner;
Failing to perform supervisory, managerial or administrative duties in a competent manner;
Using the position of supervisor, manager or administrator for inappropriate personal gain;
Inappropriately sharing confidential information entrusted to the supervisor, manager or administrator; and
Failing to administer and support the policies, directives or other requirements of the City or otherwise engaging in conduct which undermines the mission or the reputation of the City.
Nothing in this policy is intended to change the fact that employment is entered into at-will, and as such, employees are free to resign at any time, for any reason, and with or without notice. Similarly, the City is free to terminate employment at any time, with or without notice, for any reason not prohibited by law.
Section 402-Anti-Harassment
The City of Hutchinson is committed to a work environment in which all employees, volunteers and contractors are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits unlawful discriminatory practices, including harassment. Harassment is defined as behavior which has the purpose or effect of creating an intimidating, hostile, or offensive working environment, or has the purpose or effect of unreasonably interfering with an individual's work performance, or otherwise adversely affects an individual's employment opportunities.
Human Resources and all Department Heads and Supervisors will make every reasonable effort to ensure that all concerned are familiar with these policies and are aware that any complaint in violation of such policies will be investigated and resolved appropriately. Every employee is responsible for complying with the Anti-Harassment policy and is expected to deal fairly and honestly with other employees to ensure a work environment free of intimidation and harassment.
Any employee, volunteer or contractor who engages in harassment or who permits employees under his/her supervision to engage in such harassment; or who retaliates or permits retaliation against an employee who reports harassment is guilty of misconduct and shall be subject to corrective action which may include termination of employment.
Sexual Harassment – Sexual harassment is a specific form of harassment that undermines the integrity of the employment relationship. It will not be tolerated. Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender; it does not require sexual attraction or interest. With or without related threats and promises of favors or other benefits, this policy prohibits sexual advances, requests for sex, or other verbal or physical sexual conduct which could have a harmful effect on any employee's work performance or create a hostile or offensive work environment.
Examples include:
Unwanted or unwelcome sexual advances and requests for sexual favors or propositions;
Sexual jokes and innuendo;
Comments about bodies, sexual prowess, sexual preferences, sexual experiences or sexual
deficiencies;
Leering, whistling, or physical contact such as touching or blocking movements;
Verbal abuse of a sexual nature, including insulting or obscene comments or gestures;
Use of sexually degrading words to describe a person or a group of people;
Display in the workplace of sexually suggestive objects or pictures, including nudity and
pornography;
Continuing to express sexual or social interest after being informed directly that the interests are unwelcome; and
All inappropriate conduct of a sexual nature, whether it be physical, verbal or visual conduct.
Other Forms of Harassment – Harassment based on race, color, national origin, religion, sex, age, disability, veteran’s status or any other protected characteristic is also strictly prohibited. Additionally, any on or off-duty conduct that a reasonable person would find is malicious, or unwelcome, that harms, intimidates, offends, degrades or humiliates an employee, whether verbal, non-verbal, physical, psychological, or otherwise is strictly prohibited and is a violation of this Anti-Harassment policy.
Reporting an Incident of Harassment, Discrimination or Retaliation – The City encourages the prompt reporting of harassment complaints or concerns so that rapid and constructive action can be taken before relationships become irreparably strained. While no fixed reporting period has been established, early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of harassment. Individuals who believe they have been the victims of conduct prohibited by this policy or believe they have witnessed such conduct should immediately contact one of the persons listed below with whom they feel most comfortable:
Employee’s immediate supervisor;
Employee’s department head;
Director of Human Resources; or City Manager
The reporting of false and malicious complaints of harassment, discrimination or retaliation (as opposed to complaints that, even if erroneous, are made in good faith) may be the subject of appropriate disciplinary action.
Complaint & Investigation Process – Complaints of sexual and other forms of harassment will be promptly and carefully investigated by Human Resources or another designee appointed by the City Manager. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge. At the conclusion of the investigation, the investigator will review the findings with the person(s) who made the complaint and the accused employee.
Based on the findings the investigation, appropriate corrective action will be taken to prevent the harassment from occurring again, up to and including termination of employment. In any case, particularly in situations where the facts uncovered during the investigation are inconclusive or unclear, management will ensure that all parties are reacquainted with the policy prohibiting sexual or other harassment at work.
In the event that the investigation finds that the harassment complaint was false and malicious (as opposed to complaints that, even if erroneous, are made in good faith) the employee will be subject of appropriate disciplinary action.
Retaliation - Retaliation against an employee who makes a good faith charge or report of prohibited conduct, or who assists in a complaint investigation, is strictly prohibited. Acts of retaliation must be reported immediately as set out herein.
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