§ 23-297. Definitions.

Unless the context clearly indicates otherwise, the following words and terms, when used in this chapter, shall have the following meanings:

Agency means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.

Agency head means the chief executive, administrative officer, or director of an agency or the chairman of a board or commission.

Elected official means any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate. It shall also include any person appointed to fill a vacancy in such office.

Governmental entity means the state or any political subdivision.

Public employee means anyone who is:

(1)

An administrative officer or official of a governmental entity who is not filling an elective office.

(2)

Appointed to a post or position created by rule, law, resolution, ordinance, charter, or executive order.

(3)

Employed by an agency, officer, or official of a governmental entity.

Public servant means a public employee or an elected official.

Sexual harassment means unwanted sexual advances, requests for sexual favors, and other sexually oriented verbal, visual or physical conduct where and when:

(1)

Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment; or

(2)

Submission to or rejection of such conduct is used as a basis for employment decisions affecting such individual; or

(3)

Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance, or creating an intimidating, hostile, or offensive work environment.

Examples of conduct and descriptions of behavior that may constitute sexual harassment include, but are not limited to:

a.

Verbal - sexual innuendos, suggestive comments, insults, humor and jokes about sex, anatomy or gender specific traits, sexual propositions, threats, repeated requests for dates, or statements about other employees that are of a sexual nature;

b.

Non-verbal - suggestive or insulting sounds ("catcalls" or "kissing" noises), leering, obscene gestures, and sexually suggestive body gestures;

c.

Visual - posters, signs, pin-ups or slogans of a sexual nature, viewing pornographic materials or websites;

d.

Physical - touching, unwelcome hugging or kissing, pinching, brushing the body, any coerced sexual act or actual assault;

e.

Text/electronic - electronically sending messages with sexual content, including pictures and video, the use of sexually explicit language, harassment, cyber stalking and threats via all forms of electronic communication (e-mail, text/picture/video messages, intranet/on-line postings, blogs, instant messages and social network sites.

Although severe and overt forms of sexual harassment may be readily apparent, some sexual harassment is subtle and varies depending on interpretation and perception. Review of sexual harassment allegations are subject to the standard of what offends a "reasonable person."

(Ord. No. 25709 , § 1, 12-5-18)