NEW EMPLOYMENT ISSUES IN MUNICIPAL GOVERNMENT

By MARK B. McLeROY, REDCO Municipal Services, Inc.

There are a few events in the history of television which remain in our minds throughout our lifetime. We know at that given moment, as we are mesmerized by the events occurring on the television, that around the country millions of others are doing the same thing. Assassinations of world leaders, out break of wars, these are normally the sort of events which command the attention of all the major networks. Usually the Senate confirmation of a Supreme Court Justice does not entitle this sort of "great" T.V. moments. Not until the confirmation process of Clarence Thomas.

As I was watching this drama unfold before me, I could have never guessed what changes would come about in the world of business because of Anita Hill's testimony. Shortly after this multi-media event the United States Congress passed the Civil Rights Act of 1991, which President Bush signed into law in November of 1991. Mr. Bush had already vetoed two previous bills, which were almost identical.

What this bill does, among other things, is force all companies to look at their work policies, especially their sexual harassment policies. Because municipalities have employees, they are included in this requirement. Because of the provisions of this act, all cases of intentional discrimination may result in compensatory and punitive damages along with reasonable attorney and expert fees. Included is discrimination activities or policies in hiring and firing, promoting and demoting; and any harassment, when such activities or policies are based on race, sex, disability, national origin or religion.

What this means is that if the employee can prove that the alleged discriminatory activity or policy is intentional on the part of the employer, or the employer knew about it but ignored it, the employee can be compensated for actual damages plus punitive damages up to $300,000. It is absolutely imperative that the employer take all measures necessary to prevent the assessment of punitive damages, by installing systems and policies proving the employer's prior intention to comply with the provisions of the act. What this is forcing employers to do is to try to create a non-hostile workplace.

The easiest step to be taken and the one the Equal Employment Opportunity Commission and/or courts will look for is a clearly defined written policy. Also a confidential complaint procedure that has been communicated to the employees is needed. This can best be accomplished with a comprehensive program including a well designed employee manual, and a continuing education program for supervisors.

There are many simple "off the shelf" manuals and statements of policy available in the market today. But what is going to be required is an integrated, thorough program, including an employee manual, containing appropriate statements of policy. Also needed is an education program for the employees, supervisors, and the assignment of a sufficient number of designated response persons (DRP) to whom an employee can address a complaint of sexual harassment. The employee must be assured that there will be no reprisals and the investigation will be handled as confidentially as possible in gathering all the facts.

It is obvious that short of hiring a specially trained human resource executive, municipalities will have to seek professional help on an as needed basis. We are about to see the evolution of a new industry in the

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United States. This industry will center around the education of both labor and management regarding these issues, as well as the issues raised by the Americans with Disability Act (ADA), the Age Discrimination in Employment Act (ADEA), and the results of the "Glass Ceiling Act of 1991."

There are no guarantees in life and simply by complying with the EEOC guidelines and having a manual and program in place does not mean that you will never be slapped with a sexual harassment investigation or lawsuit. What it does mean, though, is that you are taking the first step in creating a better working environment for your employees and lessening your financial liability if a suit is brought against you.

Having been a mayor of a city and a member of the County Board I know the responsibility we have in trying to protect both our employees and our taxpayer's money. In this day and age of new politics it is becoming more important to run municipalities like a business. and every business has two major goals. They are producing income and protecting income. Following the EEOC's guidelines and creating manuals and policy procedures not only helps to make your office a better place to work, but it also protects the income of the municipality. This is the job before us. •

Rossville New Municipal Office Completed in January, the 36 x 60 building was completed with surplus funds. Handicapped accessible in compliance with A.D.A. requirements. Convenient drive-up window for payment of utility bills. The office is also open at 7:00 a.m. until 5:00 p.m. The building provides offices for Village Clerk, Mayor, Superintendent of Police Chief as well as a meeting room for the Village Board meetings. The meeting room is also available to local organizations. Cost of building $180,000. •

The ILLINOIS MUNICIPAL REVIEW continues to be an open forum of expression for municipalities. Articles appearing in the Review do not necessarily express the views of the League or its staff but those of the various authors.

Macomb Lucky To Have Lucille Gibson As Clerk

For a person who once said she wanted to get a political job, Lucille Gibson has come a long way since being elected Macomb city clerk in 1967.

Gibson's latest and most prestigious city clerk honor was when she became only the fourth municipal clerk with the International Institute of Municipal Clerks to be accepted into Third Sustaining Membership of the IIMC Academy for Advanced Education.

To receive fourth place in anything deserves recognition, but when a person from right here in Macomb becomes only the fourth person to accomplish something in the entire United States, deserves special mention.

Upon hearing of the news the past week Gibson said, "I feel good about this, being only the fourth clerk in the world to reach third sustaining membership. We go to school every year and I enjoy it."

Honors are nothing new to Gibson, though. When she was elected nearly 26 years ago, she was the first Democrat to win the city clerk's race and the first woman to win all five wards at the time.

Since then she has run 11 times for the office and has never been defeated, and according to her, if she feels as well as she does at the end of this term she will run again.

Among other things, the city clerk is responsible for keeping all water, sewer and cemetery records, serves as secretary for the firefighters' pension and Macomb Township and officially records all births and deaths in the city.

Describing her job, Gibson said there's no hours. She just comes in and opens up around 7 a.m. and stays until she's through.

It's that dedication the city of Macomb and its residents can be proud of. •

June 1993 / Illinois Municipal Review / Page 15