New Sexual Harassment Policy For The City.

New sexual harassment policy for the City Approved by the council

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Any sexual harassment by any “employee” past sexual harassment included. Elected officials are employees of the City…

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17 thoughts on “New Sexual Harassment Policy For The City.”

  1. drheihghts48127, The following are from your post on Nov.25
    “Intentional sexual harassment by persons acting under color of state law violates the Equal Protection Clause of the Fourteenth Amendment and supports a § 1983 action. In a § 1983 action, a supervisor incurs liability for a violation of a federally protected right when the supervisor is personally involved in the violation or when the supervisor’s corrective inaction constitutes deliberate indifference toward the violation. “‘The supervisor must know about the conduct and facilitate it, approve it, condone it, or turn a blind eye for fear of what [he or she] might see.’” Ottman v. City of Independence, 341 F.3d 751, 761 (8th Cir. 2003) (emphasis added). A municipality is vicariously liable for hostile sexual harassment by its supervisors, unless it demonstrates entitlement to the Ellerth-Faragher affirmative defense. The Ellerth-Faragher defense consists of two necessary elements: (1) that the municipality exercise reasonable care to prevent and correct promptly any sexually harassing behavior and (2) that the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the municipality or to avoid harm otherwise. An elected official who “walks away” or turns a “blind eye” to an employee who is complaining of sexual harassment will likely jeopardize the municipality’s reliance on the Ellerth-Faragher defense to such claims. The elected official, who is notified of an employee being sexually harassed, must report that information to those in a position to take corrective action, if he or she is not in a position to correct the offending behavior. Editor’s Note: This article is not intended to provide legal advice to our readers. Rather, this article is intended to alert our readers to new and developing issues and to provide some common sense answers to complex legal questions. Readers are urged to consult their own legal counsel or the author of this article if the reader wishes to obtain a specific legal opinion regarding how these legal standards may apply to their particular circumstances. The author of this article, Jerry L. Pigsley, can be contacted at 402/434-3000, or at Harding & Shultz, P.C., L.L.O., P.O. Box 82028, Lincoln, NE 68501-2028, or jpigsley@hslegalfirm.com.”

    The new adjustment to D/H policy seem to be in line with “The Ellerth-Faragher defense” making sure the system is in place. May be the adjustments are needed in response to a recent or to an going situations? Who knows?

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  2. From what I understand, Kathy, one wanted to report it and the other was AFRAID that the police would take it out on them. Isn’t that a – I was going to say shame but it’s more than that. When you can’t EXPECT the very people who are supposed to enforce the law, UPHOLD THE LAW, and by taking matters into your own hands and reporting them for BREAKING THE LAW, you don’t because you’re afraid of them, something is VERY WRONG in this city.

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  3. This biblical analysis is from: The Christian Apologetics & Research Ministry web site.

    “CARM is a 501(c)3, non-profit, Christian ministry dedicated to the glory of the Lord Jesus Christ and the promotion and defense of the Christian Gospel, doctrine, and theology. To do this, CARM analyzes religious and non-religious movements and compares them to the Bible. We examine abortion, atheism, evolution, Islam, Jehovah’s Witnesses, Mormonism, relativism, Roman Catholicism, Wicca, universalism, (and much more), along with Christian preachers and teachers. In all our analyses we use the Bible as the final standard of truth in order to defend and promote Christianity.”

    What does the Bible say about pornography? Is it wrong?
    By: Matt Slick

    “Even though the Bible does not say anything about pornography, it is still wrong. Pornography deals with photography and/or illicit paintings and/or cartoons that are designed to arouse sexual passions in the viewer. It is certainly possible that at the time when the Bible was written that there were various art forms that depicted sexually explicit things. But apparently this phenomenon was not sufficiently prevalent enough for the subject to be addressed in the Bible. Nevertheless, we can derive an accurate conclusion from scriptures that deal with other issues and apply them to the issue of pornography.

    Matt. 5:27-28, “You have heard that it was said, ‘You shall not commit adultery’; 28 but I say to you, that everyone who looks on a woman to lust for her has committed adultery with her already in his heart.”
    1 Cor. 6:18, “Flee immorality. Every other sin that a man commits is outside the body, but the immoral man sins against his own body.”
    Col. 3:5, “Therefore consider the members of your earthly body as dead to immorality, impurity, passion, evil desire, and greed, which amounts to idolatry.”
    As you can see, the Bible tells us to be sexually pure. This is why Jesus even tells us to guard our minds. Note that He said in Matt. 5:28 that to even look on a woman lustfully is to commit adultery with her. In viewing pornography, nakedness, and explicit sexual displays lust is not only given the opportunity to rise (thereby enticing since) but most often lustful passions and thoughts are triggered in the heart and mind. This is obviously sinful and clearly demonstrates that pornography is sinful. Add to this that oftentimes pornography involves viewing sexual intercourse between unmarried people, and/or homosexual and lesbian activities, and we have a very clear case of it being sinful. Even if the pornography does not involve viewing sexual intercourse between two people, it involves the viewing of naked individuals which is properly reserved for a husband and a wife.

    Now someone may ask “What about art? It often portrays the nakedness of men and women? Why isn’t that pornographic?” The difference between art and pornography is the difference between beauty and lust. In art the nakedness is intended to be a display of beauty and wonder. Pornography does no such thing. Its intent is to entice a person by arousing the person’s lust. But then, someone may say that they view pornography as an art form and that it is beautiful. But this is nothing more than an attempt to justify sin.”

    CONTACT:
    CARM Office number: 208-466-1301
    Office hours: M-F; 9-5 pm; Mountain Time
    Email: carmstuff@yahoo.com
    Mailing Address: CARM, PO BOX 1353, Nampa ID 83653

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  4. We have a local newpaper and not once has any of this been reported. It seems the bigger papers can “point” their fingers in the press when there’s just an allegation. We now have 2 people in our city that have been accused but NOT ONCE has anything been reported in the papers. We also have reports (verified I might add) of voter intimidation. THAT wasn’t reported either. Perhaps if it had been, the election would have been different.

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  5. Grandma Suzanne: My point was as follow, one case is an example for an official who admit of washing porn on city computer after hours and paid one month salary as a punishment, one case is about an official who was Caught visiting porn during work and was suspended without pay for a month. both this cases involve no harassment to another person and were resolved within the municipalities authorities. The other case was about an official who visited porn sites on city computer and that effected other person, the person sued and settle the personal claim, and since the official resigned, the city public offence claim died after his departures and no charges filed against him by the city, this case was involving an act of sexual Harassment by a public official against an employee causing personal claim of injury at the same time using public time and equipment to commit that office.
    Those are just real public case that show you how wide and complicated this issue is. Also demonstrate how this “taboo” matter affects public opinion when it becomes public.
    Accusations of sexual Harassment to a public official are very sensitive and dangerous issue and if proven it may end that official public career. But the accuser may face termination from work and legal action if lying or fabricating the allegations.
    Sexual misconducts issues are very controversial when becoming public matter and the public debate the details all the way to the highest public offices.
    Public officials should conducts their public lives at the highest standards of ethics and avoid any allegations of sexual misconducts because the public will never forget those kind of controversial issues and continue to question them until they are resolved publicly.
    Sexual misconducts allegations are unfortunate and embarrassing and must be dealt with swiftly and immediately focusing on the facts not the emotions and resolved without delay. Otherwise may cause a lot of damages to the reputation of the involved public entities and individuals later. The sooner the public allegations are dealt with the better overall results will be for all parties involved.
    Sexual misconducts allegations “DO NOT EVAPORATE IN THIN AIR” and impossible to be deleted from individuals memories if they are true, by passing time, often we see cases come back to life after long period of thinking that was long forgotten.
    New modes of communications are facilitating the dissemination of information to individuals that helping them expose public misconducts at all levels without limitations to cost, geography, issues, borders, or time.
    The biggest mistake any public entity makes sometime is when they trying to bury such allegations or any public allegations against any public figures under the rug and close their eyes and their ears and hopping time will pass and that will help them avoiding the difficulties dealing with the issue.
    Kudos to the city of Dearborn Heights (specially to their legal department) for their effort to up-grade their public process to deal with such issues, I think they are on the right track and should continues in that direction by implementing the proposed process and continue up-dating the implementation methods as needed.

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  6. Sexual harassment allegations sometime includes more than one issue. The allegation of the person own injury or civil right violation that requires the person to seek legal or administrative actions against the alleged violator. that is called civil proceeding. Its the person/victim choice to do that or resolve the issues with the alleged violator. The situation may stay private and not disclosed to the public.

    In some situation those allegations are leaked to the public or released to the public or disclosed to public or become public record or posted on social media. Those allegations may includes violations of public trust by improper use of public assets or/and improper conduct in public office or/and abuse of public office and/or violation of public codes of ordinances/charter of municipality/state constitution/federal constitution. Those kind of allegations are public offences and requires public prosecution, those kind of allegations must be presented under public offence to the authorities at any level, and it will be up to them to make determinations wither they are valid offences or not, then it also up to them to choose what method they want to use to deal with them.

    In all situations we have to remember that allegations are only allegations and must be treated as allegations when it become public information no more no less.

    Allegations are not a prove for guilt or misconduct until proven by court of law. Usually criminal charges by the investigative authorities are the result of proven allegations of public offences.

    Public officials must respect their public duties and refrain from any act that may be OK in the private life but offensive and violate public trust in their public life.

    Public life is extremely rewarding and enjoyable with all the public power and influence, at the same time is extremely difficult and carry very high standers of conducts and ethics, and the public demand continuously from public officials to maintain that high standard, that most of the time they can’t maintain themselves in their private life. (their excuses are “we are not public officials”)

    In a nut shell, public officials work for a municipal corporations or county or state or the federal governments, that mean working for the public. The public at large are the payers.

    It may be not fair, specially when the pay is very little compared to the private enterprises, but if you can’t take the heat of the public office, then leave and go back to your private life and enjoy your privacy and escape the public scrutiny.

    That is may be why in a city like Dearborn Heights we have very few individuals who cares to run for public offices, compared to neighboring municipalities,

    We should thank all individuals who choose to expose their lives to the public and accept the public scrutiny and run for public offices, winners or losers, they are public heroes and deserve our respect and appreciation.

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  7. And if it can be made retro-acitve, we may have a real good chance of getting rid of Dan. He was sued to a hostile work environment because he had pulled up porn on the city’s computer. And yet – he’s still here.

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  8. Allout,

    Not sure what your point is. I did go to the sites you suggested. Two of them were about city officials that were caught looking at porn sites on city computers. The other site was about a city official who was not only looking at porn on a city computer but passed pornographic material out and sent porn to another city worker’s computer.

    Sorry, I don’t have any sympathy for these people, I don’t pay taxes to have city people using city computers to look at porn. Use your own darn computer at home not what I pay for with my taxes.

    Why should they be protected? Elected officials know they will be in the public eye; so to keep them from being embarrassed we should hide what they are doing with our tax money. The real kick in the pants is that there are ordinances and laws in place that help these individuals hide the truth? That’s just plain nuts.

    Why with all the problems this city has (rats, blight, crime and animal attacks) does the city attorney feel that this is so important a topic to put out right after the election?!

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  9. Grandma Suzanne: This subject is very complicated and embarrassing to lot of public officials all over the country, various local ordinances are in place to regulate all matters related to this subject, This subject is regulated also by state and the federal laws. There are a lot of public cases related to this issue published on the internet, clic and read or search yourself.

    http://members.jacksonville.com/news/crime/2012-06-26/story/porn-discovery-work-computer-leads-jacksonville-fire-chiefs-suspension

    http://valleypatriot.com/city-settles-lawsuit-for-610000-over-computer-porn/

    http://www.mlive.com/news/flint/index.ssf/2010/05/porn_frank_crosby_montrose.html

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  10. Whoops!!! Big Mistake. I meant to exclude Bob Constan from the Council of Jokers, not Ken Baron on my message of November 16, 2013 @ 12:53pm. Ken Baron has been the lead Joker for many years. Bob Constan, though he was on the council before I started getting involved, is new to me so he stays off the Council of Jokers until he shows himself otherwise. Kathy if you can edit this mistake I would surely appreciate it.

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  11. LOVE IT PEOPLE ARE STARTING TO CALL THIS PLACE DETROIT HEIGHTS . JUST GOING TO GET WORST. TAX DOLLARS ARE GOING TO GO DOWN THE DRAIN WITH THIS MAYOR AND HIS PUPPETS ON COUNCIL. NO BODY HAS BALLS TO STAND UP TO THE MAYOR . THIS CITY IS GOING TO GET WORST JUST WATCH. SORRY KATHY IF BALLS IS A BAD WORD FOR THIS BLOG.

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  12. The devil is in the details. As usual Gary Miotke has the best interest of King Dan and his Council of Jokers (please exclude Lisa Hicks-Clayton and since I don’t know about Constan yet I will exclude him until proven otherwise)

    #4 in Miotke’s letter: “Consistent with current laws, the Policy provides that the city is to initiate investigations if it receives credible information justifying such an investigation. The current policies do not”

    So who is judging what is credible and what is not? King Dan will give his decree and the Council of Jokers with drooling and graveling will approve. So whether it is credible information or not, it will be judged by the persons who are most likely the targets of the investigations in the first place. King Dan is riding high, won the election, has more tax dollars that he can now borrow from the library fund (he pays back with interest, but if he has such a balanced budget why does he need to borrow from the library fund in the first place?) So why not make himself now invincible.

    #6 Miotke further writes: “ The Policy provides that investigations are to be conducted in as confidential manner as possible. The existing policies does not contain such a requirement and necessarily make such confidentiality impossible under certain circumstances to the possible detriment of all involved parties”

    Just in case something does manage to get past King Dan and his Council of Jokers invincibility shield as described in #4; King Dan and his Council of Jokers can now bury anything so deep no one will ever be able to determine the truth.

    Welcome to Detroit Heights where King Dan reigns with his Council of Jokers over his elderly serfs.
    .

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  13. How far back this new/old policy can be applied? How about old claims “if any”? and who is responsible to bring them “if any” to the table? Is the Human Resources responsible to investigate any case not been closed yet “If any” or they should refer them”If any” to the council? or to a third party authority?

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