7:00 PM – The regular meeting of the Brookneal Town Council
The municipal government of the Town of
Phyllis Campbell, Mayor
James Nowlin, Vice Mayor
Meg Tibbs, Kenneth Jennings, Tracy Meisenbach, Richard Adams, and Stacey Hailey Council Members
Bill Gillespie, Town Manager
Laurie C. Francis, Clerk/Treasurer
Mike Crews, Public Works Director
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
APPROVAL OF AGENDA
Upon motion by Stacy Hailey seconded by James Nowlin and unanimously carried, Council approved the agenda for the
MINUTES
Upon motion by
TREASURER’S REPORT
The May 2005 Treasurer’s report was filed for audit.
PRESENTATION AND APPROVAL OF INVOICES
Be it resolved that motion was made by James Nowlin, seconded by Meg Tibbs and unanimously carried, authorizing the payment of the invoices for the period of
PUBLIC COMMENT
No one from the public appeared for public comment.
APPROVAL/DISAPPROVAL OF THE 2005/2006 GENERAL FUND BUDGET AS PRESENTED AND PROPERLY ADVERTISED
On motion of
Ayes:
Nays: None.
APPROVAL/DISAPPROVAL OF THE 2005/2006 UTILITY FUND BUDGET AS PRESENTED AND PROPERLY ADVERTISED
On motion of Kenneth Jennings, seconded by Tracy Meisenbach, the Brookneal Town Council approved the 2005/2006 Utility Fund Budget as presented and properly advertised totaling $368,915.00.
Ayes:
Nays: None.
REAPPROPRIATION OF FUNDS TO PAY AMERICAN LEGAL PUBLISHING
On motion from
Ayes:
Nays: None.
The motion carried.
General Fund
Category ADD New Total
Books&Subscriptions -01-1227-5411 $1,440.00 $1,455.19
DELETE New Total
Recreation - Repairs -01-7104-5407 $1,440.00 $1,107.43
Utility Fund
Category ADD New Total
Books & Subscriptions - 02-1105-5411 $1,440.00 $1,498.70
DELETE New Total
Vehicle Supplies - 02-2302-5408 $720.00 $1,248.82
W.S. Pump Stations - 02-2302-5807 $720.00 $3,960.73
APPROPRIATION OF FUNDS TO PAY LEGAL EXPENSES
On motion from
Ayes:
Nays: None.
The motion carried.
REQUEST TO SELL FIREWORKS IN TOWN
On motion from Meg Tibbs, seconded by James Nowlin, the Brookneal Town Council, having heard the request from Mr. Bailey and after receiving advice from the Town attorney, moved that Mr. Scott Bailey be granted a permit to sell fireworks within the town limits of Brookneal provided he comply with all State and local laws regarding the sale and distribution of fireworks.
Ayes:
Nays: None.
The motion carried.
DAY IN THE TOWN
Council, by consensus, elected to hold the annual Day in the Town celebration on Saturday,
DISCONTINUATION OF THE
This item was brought forth from the May 2005 regular meeting of the Brookneal Town Council.
The Town Manager and the Clerk/Treasurer further presented council with information regarding the pros and cons of following
After a lengthy discussion,
Ayes:
Nays:
The motion carried with a 5 – 1 vote.
APPOINTMENT TO THE
On motion from
Ayes:
Nays: None.
Abstained:
The motion carried with a 5 – 0 vote and one abstaining.
TRANSFER OF APPROPRIATIONS TO FUND EDUCATIONAL EXPENSE
On motion from
Ayes:
Nays: None.
The motion carried.
EQUAL EMPLOYMENT
On motion from
EQUAL EMPLOYMENT
NON-DISCRIMINATION
- I. Policy Statement
The Town of
The Town of
The statement, “The Town of Brookneal is an equal opportunity employer,” shall be placed on all employment application forms.
II. Notice of Policy/Prevention
This policy shall be: (1) posted in prominent areas of each Town of
III. Complaint Procedure
® File Report
Any person who believes he has not received equal employment opportunities should report the alleged discrimination to one of the compliance officers designated in this policy. Any employee who has knowledge of conduct which may constitute prohibited discrimination shall report such conduct to one of the compliance officers designated in this policy.
The reporting party should use the form “Report of Discrimination” to make complaints of discrimination. However, oral reports shall also be accepted. The complaint must be filed with one of the compliance officers designated in this policy. Any complaint that involves a compliance officer may be reported to the mayor instead. The alleged discrimination should be reported as soon as possible, and the report in all cases should be made within five (5) business days of the occurrence, or ten (10) calendar days, whichever is less.
The complaint and the identity of the complainant shall not be disclosed except as required by law or policy, as necessary to fully investigate the complaint or as authorized by the complainant.
® Investigation
Upon receipt of a report of alleged discrimination, the compliance officer shall immediately authorize or undertake investigation. The investigation may be conducted by Town of Brookneal personnel or a third party designated by the Town of
The investigation may consist of personal interviews with the complainant, the person(s) alleged to have violated the policy and any others who may have knowledge of the alleged discrimination or the circumstances giving rise to the complaint. The investigation may also consist of the inspection of any other documents or information deemed relevant by the investigator.
Whether a particular action or incident constitutes a violation of this policy requires a case by case determination based on all of the facts and circumstances revealed after a complete and thorough investigation.
The compliance officer shall issue a report to the Finance and Planning Committee of the Town Council upon completion of the investigation. The report shall include determination of whether the allegations are substantiated, whether this policy was violated and recommendations for corrective action, if any.
All employees shall cooperate with any investigation of alleged discrimination conducted under this policy or by an appropriate state or federal agency.
® Finance and Planning Committee
Within thirty (30) calendar days of receiving the compliance officer’s report, the Finance and Planning Committee shall issue a written decision regarding (1) whether this policy was violated and (2) what action if any should be taken. If the complaint alleges that a member of such committee has violated this policy, such individual shall not participate in making the decision and determining what action should be taken. The written decision must be mailed to or personally delivered to the complainant within five (5) calendar days of the issuance of the decision. If the Finance and Planning Committee concludes that prohibited discrimination occurred, the Town of
® Appeal
If the Finance and Planning Committee determines that no prohibited discrimination occurred, the person who was allegedly subjected to discrimination may appeal this finding to the Town Council within five (5) calendar days of receiving the decision. Notice of appeal must be filed with a member of the committee which issued the written decision, who shall forward the record to the Town Council. The Town Council shall make a decision within thirty (30) calendar days of receiving the record. The Town Council may ask for oral or written argument from the aggrieved party and the Finance and Planning Committee, and any other individual the Town deems relevant.
Employees may choose to pursue their complaints arising under this policy through the relevant employee grievance procedure instead of the complaint procedure in this policy.
® Compliance Officer and Alternate Compliance Officer
The Town of
The Compliance Officer shall:
® receive reports or complaints of discrimination;
® oversee the investigation of any alleged discrimination;
® assess the training needs of the Town of
® arrange necessary training to achieve compliance with this policy;
® insure that any discrimination investigation is conducted by an impartial investigator who is trained in the requirements of equal opportunity, including the authority to protect the alleged victim and others during the investigation.
IV. Retaliation
Retaliation against employees who report discrimination or participate in the related proceedings is prohibited. The Town of
- V. Right to Alternative Complaint Procedure
Nothing in this policy shall deny the right of any individual to pursue other avenues of recourse to address concerns relating to prohibited discrimination including initiating civil action, filing a complaint with outside agencies or seeking redress under state or federal law.
VI. False Charges
Employees who make false charges of discrimination shall be subject to disciplinary action.
Adopted:
________________________________________________________________________________________________________________________________________________
Legal Refs.: Age Discrimination in Employment Act; American with Disabilities Act of 1990; Equal Pay Act; Title VII of the Civil Rights Act of 1964; The Rehabilitation Act of 1973 and Title IX of the Education Amendments.
SEXUAL HARASSMENT/
HARASSMENT BASED ON RACE, NATIONAL ORIGIN, DISABILITY AND RELIGION
- Policy Statement
The Town of
It shall be a violation of this policy for any personnel of the Town of
For the purpose of this policy, “personnel” and “employee” shall include Town Council members, officers, employees, personnel, agents, volunteers, contractors or other persons subject to the supervision and control of the Town of
The Town of Brookneal shall: (1) promptly investigate all complaints, written or verbal, of sexual harassment and harassment based on race, national origin, disability or religion; (2) promptly take appropriate action to stop any harassment and (3) take appropriate action against any employee who violates this policy and take any other action reasonably calculated to end and prevent further harassment of any employee.
II. Definitions
A. Sexual Harassment
Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:
(i) submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment; or
(ii) submission to or rejection of the conduct or communication by an individual is used as a factor in decisions affecting that individual’s employment; or
(iii) that conduct or communication substantially or unreasonably interferes with an individual’s employment, or creates an intimidating, hostile or offensive employment environment (i.e. the conduct is sufficiently serious to limit an employee’s ability to participate in or benefit from the work environment.)
B. Harassment based on race, national origin, disability or religion consists of physical or verbal conduct relating to an individual’s race, national origin, disability or religion when the conduct:
(i) creates an intimidating, hostile or offensive working environment; or
(ii) substantially or unreasonably interferes with an individual’s work; or
(iii) otherwise is sufficiently serious to limit an individual’s employment opportunities.
III. Complaint Procedure
- Formal Procedure
- File Report
Any employee who believes he or she has been the victim of sexual harassment or harassment based on race, national origin, religion or disability by another employee or a third party should report the alleged harassment to one of the compliance officers designated in this policy. The alleged harassment should be reported as soon as possible, and the report, in all cases, should be made within five (5) business days of the occurrence. Further, any employee who has knowledge of conduct which may constitute prohibited harassment should report such conduct to one of the compliance officers designated in this policy. Any employee who has notice that an employee may have been a victim of prohibited harassment shall immediately report the alleged harassment to one of the compliance officers designated in this policy.
The reporting party should use the form “Report of Harassment” to make complaints of harassment. However, oral reports and other written reports shall also be accepted. The complaint should be filed with one of the compliance officers designated in this policy. Any complaint that involves a compliance officer may be reported to the mayor instead.
The complaint, and identity of the complainant and alleged harasser, will be disclosed only to the extent necessary to fully investigate the complaint and only when such disclosure is required or permitted by law. Additionally, a complainant who wishes to remain anonymous shall be advised that such confidentiality may limit the Town of
- Investigation
Upon receipt of a report of alleged prohibited harassment, the compliance officer shall immediately authorize or undertake an investigation. The investigation may be conducted by Town of Brookneal personnel or a third party designated by the Town of
The investigation shall be completed as soon as practicable. Upon receiving the complaint, the compliance officer shall determine whether interim measures should be taken pending the outcome of the investigation. Such interim measures may include, but are not limited to, separating the alleged harasser and the complainant and, in case involving potential criminal conduct, determining whether law enforcement officials should be notified. If the compliance officer determines that more than thirty (30) days will be required to investigate the complaint, the complainant and the accused shall be notified of the reason for the extended investigation and the date by which the investigation will be concluded.
The investigation may consist of personal interviews with the complainant, the alleged harasser, and any others who may have knowledge of the alleged harassment or the circumstances giving rise to the complaint. The investigation may also consist of the inspection of any other documents or information deemed relevant by the investigator.
In determining whether alleged conduct constitutes a violation of this policy, the division shall consider, at a minimum: (1) the surrounding circumstances; (2) the nature of the behavior; (3) past incidents or past continuing patterns of behavior; (4) the relationship between the parties; (5) how often the conduct occurred; (6) the identity of the alleged perpetrator in relation to the alleged victim (i.e. whether the alleged perpetrator was in a position of power over the alleged victim); (7) the location of the alleged harassment; (8) the ages of the parties and (9) the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires a case by case determination based on all of the facts and circumstances revealed after a complete and thorough investigation.
The compliance officer shall issue a written report to the Finance and Planning Committee of the Town Council upon completion of the investigation. The report shall include a determination of whether the allegations are substantiated, whether this policy was violated and recommendations for corrective action, if any.
All employees shall cooperate with any investigation of the alleged harassment conducted under this policy or by an appropriate state or federal agency.
- Finance and Planning Committee Action
Within thirty (30) calendar days of receiving the compliance officer’s report, the Finance and Planning Committee shall issue a written decision regarding whether this policy was violated. If the complaint alleges that a member of the Finance and Planning Committee has violated this policy, such individual shall not participate in making the decision and determining what action should be taken. If the Finance and Planning Committee determines that prohibited harassment occurred, the Town of
- Appeal to Town Council
If the Finance and Planning Committee determines that no prohibited harassment occurred, the employee who was allegedly subjected to harassment may appeal this finding to the Town Council within five (5) calendar days of receiving the decision. Notice of appeal must be filed with a member of the Finance and Planning Committee, who shall forward the record to the Town Council. The Town Council shall make a decision within thirty (30) calendar days of receiving the record. The Town Council may ask for oral or written argument from the aggrieved party and any other individual the Town Council deems relevant.
If the Town Council or designee determines that prohibited harassment occurred and discipline is imposed, the disciplined person may appeal the disciplinary sanction in the same manner as any other sanction would be appealed.
Employees may choose to pursue their complaints under this policy through the relevant employee grievance procedure instead of the complaint procedure in this policy.
- Compliance Officer and Alternate Compliance Officer
The Town of
The Compliance Officer shall:
® receive reports or complaints of harassment;
® oversee the investigation of any alleged harassment;
® assess the training needs of the Town of
® arrange necessary training to achieve compliance with this policy;
® insure that any harassment investigation is conducted by an impartial investigator who is trained in the requirements of equal employment opportunity, including the authority to protect the alleged victim and others during the investigation.
- 1. Informal Procedure
If the complainant and the person accused of harassment agree, the Compliance Officer may arrange for them to resolve the complaint informally with the help of a counselor, mediator or administrator.
If the complainant and the person accused of harassment agree to resolve the complaint informally, they shall each be informed that they have the right to abandon the informal procedure at any time in favor of the initiation of the Formal Procedures set forth herein.
IV. Retaliation
Retaliation against employees who report harassment or participate in any related proceedings is prohibited. The Town of
V. Right to Alternative Complaint Procedure
Nothing in this policy shall deny the right of any individual to pursue other avenues of recourse to address concerns relating to prohibited harassment including initiating civil action, filing a complaint with outside agencies or seeking redress under state or federal law.
VI. Notice of Policy
This policy shall be: (1) displayed in prominent areas of each Town building in a location accessible to all employees (2) included in handbooks; and (3) provided to all employees within thirty (30) calendar days of the employee starting work for the Town or enactment of this policy, whichever is later.
VII. False Charges
Any employees who knowingly make false charges of harassment shall be subject to disciplinary action as well as any civil or criminal legal proceedings.
Adopted:
___________________________________________________________________________________________________________________________________________
Legal Refs: 20 U.S.C. §§ 1681 - 1688
29 U.S.C. § 794
42 U.S.C. §§ 2000d-2000d-7
42 U.S.C. §§ 2000e - 2000e-17
34 C.F.R. part 106.
Ayes:
Nays: None.
ADJOURNMENT
On motion from
___________________________ ____________________________
Laurie C. Francis, Phyllis Campbell,
Clerk/Treasurer Mayor
