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58 EXHIBIT "A" AMENDMENTS TO THE CITY OF SAN MARCOS PERSONNEL POLICIES MANUAL- JUNE 23, 1986 is SECTION 1. That the City of San Marcos Personnel Policies Manual amended by the adoption of Section 1.05 to ~ead as follows: 1.05 Sexual Harassment Policy Statement of Policy Sexual harassment is illegal under both Texas and Federal law and will not be tolerated by the City of San Ma~cos. It is the policy of the City to provide and maintain a workplace for each of its employees which is free from sexual harassment. While it is not the purpose of this policy to ~egulate an employee's personal morality, harassment is an act of misconduct. Any employee found to have sexually harassed another City employee or other person with whom the accused employee has had interaction partly or wholly because of his or her status as a City Employee will be subject to disciplinary action. All supervisors are responsible for implementing and monitoring compliance with this policy. Supervisors and Department Di~ectors shall take appropriate steps to disseminate this policy and to inform employees of procedures for filing complaints. Definition Sexual Harassment includes but is not limited to unwelcome or undesired sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission is made a term or condition of an individual's employment or favorable evaluation either explicitly or implicitly, or the conduct has the purpose or effect of unreasonably interfering with an individual's work. Application of Policy Any employee who believes he or she is being subjected to sexual harassment should immediately discuss the situation with his or her Supervisor, Department Directo~, o~ the Director of Personnel. A Supervisor who becomes aware of any sexual harassment, or who receives allegations of harassment from an employee must immediately advise his or her Department Director and/or the Director of Personnel. Responsibility for investigating and correcting an occurrence of sexual harassment rests with the employee's Supervisor and the Depa~tment Director and the Director of Personnel working together. SECTION 2. That Section 3.07 of the City of San Marcos Personnel Policies Manual is repealed. SECTION 3. That a new Section 3.07 of Personnel Policies Manual is adopted to the City of San read as follows: Marcos Sec. 3.07. Confidentiality of Records. Personnel records contain confidential information and are not public records except for name, gender, ethnicity, salary, title and dates of employment. For this reason, only the following persons may have access to an employee's personnel file: a. The employee or his or her designated representative. b. The employer's immediate supervisor and/or division head. c. The Personnel Department.