1984 01-16•
A G E N D A
MERIDIAN CITY COUNCIL
January 16, 1984
ITEM:
Minutes of Previous Meeting Held January 5, 1984
APPROVED
1.
2.
Resolution #85 - Bond Issuance Lynn
Resolution #86 - Bond Issuance Newberry
FROM TABLE: Proposed Changes Zoning & Developement Ord.
& Comp. Plan Admendment
Written Testimony Accepted
APPROVED
APPROVED
NO ACTION
3. Resolution #84 - Anti-Sexual Harassment Policy APPROVED
Meridian Cit Council January 16, 84'
Regular meeting of the Meridian City Council was called to order by Mayor Grant
Kingsford at 7:30 p.m.
Council Members Present: Bill Brewer; Ron Tolsma; Bert Myers; Bob Giesler;
Others Present: Doug Nichols; Terry Smith; David Davenport; JamesW..Kiser;
Curt Patterson; Craig. Morrison; Jim Lough; Norman Fuller;
Gary Schaffer; Darwin Buchanan; Gary Smith; Marnell Chenowith;
Moe Alidj ani; Bruce Stuart; Earl Ward; Kenny Bowers; Wayne Crookston Jr.;
Jack Niemann;
Minutes of the previous meeting held January 5, 1984 were approved as written.
Item
1 Resolution #85
The Motion was made by Brewer and seconded by Tolsma to approve Resolution #85,
approving an agreement of the Economic Development Corporation to issue bonds
for David M. Lynn and Joy Lynn.
Motion Carried: Brewer, yea; Tolsma, yea; Myers, yea; Giesler, yea;
Resolution #86
The Motion was made by Tolsma and seconded by Brewer to approve Resolution #86,
approving an agreement of The Economic Development Corporation to issue bonds
for Dale Newberry.
Motion Carried: Brewer, yea; Tolsma, yea; Myers, yea;Giesler, yea;
Item
2 FROM TABLE: Zoning& Development Ordinance and Comprehensive Plan Admendments
Mayor Kingsford announced that this was not a Public Hearing,: but was for the
purpose of accepting written testimony on the proposed changes.
Kingsford reported that written testimony had been received from David L. Davenport;
Norman Fuller, Fuller & Associates; and the Chamber of Commerce. (On File - City
Clerk's Office)
Darwin Buchanan, representing the Chamber of Commerce presented the Council with
54 signed affidavits supporting the recommendation of the Meridian Chamber of
Commerce Task Force. (Affidavits on file - City Clerk's Office)
A joint workshop was set by the Mayor and Council with the Planning & Zoning Commission
for Monday the 23rd of January, 1984, at 7:00 p.m., at the Meridian City Hall,
to review. the written testimony. Kingsford stressed that there would be no further
Public testimony accepted.
The Motion was made by Brewer and seconded by Tolsma that the joint workshop to
consider previous testimony and written testimony be set for January 23rd, 1984,
7:00 p. m. at the Meridian City Hall.
Motion Carried: Brewer, yea; Tolsma, yea; Myers, yea; Giesler, yea;
Meridian City Council 2. Jan. 16, 1984
Item
3 Resolution #84
Mayor Kingsford presented Resolution #84, "A RESOLUTION SETTING FORTH THAT THE CITY OF
MERIDIAN FORBIDS SEXUAL HARASSMENT AND SEXUAL DISCRIMINATION; THAT THE CITY, TO
ASSERT ITS POSITION ON SEXUAL DISCRIMINATION AND HARASSMENT, HEREBY ADOPTS AN ANTI:
SEXUAL HARASSMENT POLICY."
Kingsford: "Ls there anyone present that wishes Resolution #84 read in its entirety?"
There was no response.
The Motion was made by Giesler and seconded by Tolsma to adopt Resolution #84, anti-
sexual harassment policy.
Motion Carried: Brewer, yea; Tolsma, yea; Myers, yea; Giesler, yea;
The Motion was made by Tolsma and seconded by Brewer that the Office of the Mayor be
designated as the official who is responsible for receiving and investigating complaints
on sexual harassment.
Motion Carried: Brewer, yea; Tolsma, yea; Myers, yea; Giesler, yea;
Being there no other business to come before the Council .
The Motion was made by Myers and seconded by Tolsma to adjourn at 7:42 p.m.
Motion Carried: Brewer, yea; Tolsma, yea; Myers, yea; Giesler, yea;
APPROVED:
ATTEST:
pc: Mayor & Council (5)
P&Z Comm. (6)
Schoen; Ward; Stuart;
Police; Fire; JUB;
Atty; Kiebert; Hein;
ACHD; ACC; AZD;
APA; NMID; CHD;
Statesman; Valley; Press Trib.;
Mail: Newberry
Lynn
~ GRANT P. KINGS O , Y01E~R -
File: Newberry
Lynn
AMBROSE,
EITZGERALD
SCROOKSTON
Altomep ena
Coonealoro
P.O. Box IR]
MsMClan, lOMo
B9M2
TslspROna BBSM81
RESOLUTION NO. 84
A RESOLUTION SETTING FORTH THAT THE CITY OF PRIDIAN FORBIDS
SEXUAL HARASSMENT Ar]D SEXUAL DISCRIMINATION; THAT THE CITY, TO
ASSERT ITS POSITION ON SEXUAL DISCRIMINATION AND HARASSMENT,
HEREBY ADOPTS AN ANTI-SEXUAL HARASSMENT POLICY.
WHEREAS, sexual harassment is degrading to all parties
involved and causes inefficiency of the workers involved and
co-workers; and
WHEREAS, sexual harassment can occur in any place of
employment, of which the City of Meridian, as an employer, is
not immune from having such activity occur; and
WHEREAS, it is in the best interest of the City of Meridian,
as a governmental unit, its employees, and the Citizens of
Meridian to prohibit sexual harassment and, in that regard, to
have and adopt a policy pertaining to sexual harassment;
NOW, THEREFORE, BE IT RESOLVED BY THE D7AYOR AND THE CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO, that the City hereby adopts
the following as its official policy against sexual harassment
and its procedure for handling complaints of sexual harassment:
ANTI-SEXUAL HAPASSMENT POLICY
I. Policy Statement
The sexual harassment of any employee or recipient of the
services of this agenc s abso utely forbidden. The
City has designated ~t. qG~/
as the official who is respons b e or receiving and invest
gating complaints of sexual harassment, who shall be referr
to herein as the "enforcement officer". Any employee,
supervisor or manager who is made aware of an alleged
incident of sexual harassment will take action to bring
the matter to the attention of the most appropriate manage-
ment authority or to the enforcement officer who will, in
turn, take immediate action pursuant to this policy.
II. Definition
According to the Equal Employment Opportunity Commission,
unwelcome sexual advances, requests for sexual favors,
and other verbal or physical conduct of a sexual nature
constitute sexual harassment when (1) submission to such
conduct is made either explicitly or implicitly a term or
condition of an .individual's employment, (2) submission to
or rejection of such conduct by an individual is used as
the basis for employment decisions affecting such individual,
or (3) such conduct has the purpose or effect of unreason-
ably interfering with an individual's work performance or
creating an intimidating, hostile, or offensive working
environment. Additionally, the Equal Employment Opportunity
Commission states that a person who is .qualified for but
denied an employment benefit because of another's submission
to sexual harassment may be protected by Title VII of the
1964 Civil Rights Act.
III. Distribution
Because prevention is the best tool for the elimination of
sexual harassment, this .policy will be disseminated to all
employees of the City. Managers and supervisors are
expected to take appropriate steps to make all City employees
aware of it.
AM BROBE,
FITZGERALD
6 CROOKBTON
ABOmeye ul0
CounNlon
vo. eo.+2T
MmWlan, ICMIo
B3B/2
relevnona eea.Ma~
IV. Investigation and Resolution
A. Filing
1. Employees who believe they are being subjected to
illegal sexual harassment are encouraged to file
complaints through the City's grievance procedure.
Due to the sensitivities associated with this
subject, any person or step normally part of the
grievance procedure may be bypassed if the
complainant feels it is necessary to do so. If an
employee so chooses, she/he may bypass the City
procedure entirely and file a sex discrimination
claim directly with the Idaho Human Rights Commission
and/or the Equal Employment Opportunity Commission
(EEOC};
2. Applicants for employment and service recipients may
file sexual harassment charges in letter form with
the enforcement officer ox may file with the Idaho
Human Rights`:Commission'and/or-EE6C.
~~ -
B. Confidentiality
1. Due to the damage that could .result to the career
and reputation of any person falsely or in poor
faith accused of sexual harassment, all investiga-
tions and hearings surrounding such matters will be
designated to the maximum extent possible to protect
the privacy of, and minimize suspicion toward, the
accused as well as the complainant. Only those
persons responsible for investigating and enforcing
civil rights matters will have access to confidential
communications .
2. Any employee aware of or suspecting the occurrence
of sexual harassment will be expected to report the
matter through the most confidential and direct
means possible to preserve morale and discipline in
the work unit. Steps include:
a. Making a statement of known facts in writing
to the designated agency official;
b. Avoiding discussing the matter with co-workers
and persons not directly responsible for investi-
gating the matter.
C. Investigation Procedure
When an allegation of sexual harassment is made of any
employee, the enforcement officer-will take immediate
steps. to:
1. Obtain a statement or grievance from the complainant
regarding the times, dates, places and circumstances
surrounding the allegations;
2. Discuss the matter with the accused;
3. Obtain statements of witnesses or possible witnesses,
if any;
4. Prepare a report of the investigation and submit it
to the. Mayor.;
AMBROSE,
FITZGERALD
6 CROOKSiON
At~omeys eM
Counaerore
P.O. BOx 427
Merlelan, ItlaNO
e38'2
TelepKOne BBB~4/e1
D. Action and Resolution
Based on the report, the Mayor shall take immediate
and appropriate corrective action. In determining
whether conduct constitutes sexual harassment, the
P~ayor will lank at the re.cgrd as a whole and at the
totality of the circumstances, such as the nature of the
alleged sexual advances and the context in which they
occurred. The determination of the legality of a par
ticular action will be made from the facts, on a case by
case basis.
a. If there appears to be no foundation to the allega-.
tion:
1. No record shall be made of the allegation in
either the accused or accuser's personnel
records.
2. A reiteration of the policy against sexual h
ment may be appropriate.
3, Bad faith allegations or use of this policy for
unintended purposes may result in disciplinary
action against the accuser.
b. If a foundation for the allegation exists, disciplin-
ary action against the offending employee will follow.
The disciplinary action will be commensurate with the
scope and severity of the occurrence, and may include,
but is not limited to, demotion, suspension, dis-
missal, warnings or reprimands. Additionally, every
effort shall be made to provide appropriate relief
for the victim.
PASSED BY THE City Council and approved by the Mayor of the
City of Meridian, thi~/~ day of~,~ r- 198.
C~s'~~J~GELv~F
A9AYOR
AMSROSE,
FITZG ERALD
&CROON9TON
AttorMya antl
Counnbn
P.O. BOa 1Y7
MerItlIM,lOYw
8812
TalePllona BBBd181
ATTEST:
•
CITY COUNCIL OF THE CITY OF MERIDIAN
RESOLUTION NO. 8~
A RESOLUTION APPROVING AN AGREEMENT OF
THE ECONOMIC DEVELOPMENT CORPORATION TO
ISSUE BONDS FOR DAVID t2. LYNN AND JOY LYNN
AMBROSE,
FITZG ERALD
S CROOKSTON
Attomsye etM
Couneslon
I P.O. BOx /27
MeriElen,lOeNo
&3&IP
TelapNOne SSS.MS1
WHEREAS, the Economic Development Corporation of the City
of Meridian (the "Corporation") has filed with this City Council
a resolution and a Memorandum of Agreement relating to the
issuance by the Corporation of its revenue bonds pursuant to
Title 50, Chapter 27 of the Idaho Code, as amended (the "Act"),
to finance the purchase of land and the construction of facilities
to be constructed and owned by David M. Lynn and Joy Lynn (the
"Applicant"), which are to be leased to Lynn Industrial Coatings,
Inc, for the application of high technology coatings; and
WHEREAS, this City Council has considered such resolution
and such Memorandum of Agreement and has considered information
relating to the Project and the financing thereof by the
Corporation;
NOW, THEREFORE, the City Council of the City of Meridian
does resolve as follows:
Section 1. The City Council hereby approves the ?~emorandum
of Agreement between the Corporation and the Applicant, and
approves the determination of the Corporation to issue revenue
bonds to finance costs of the Project, subject to fulfillment of
all requirements of the Act.
Section 2. This Resolution shall take effect immediately
upon its passage.
The foregoing Resolution was passed and adopted by the City
Council of the City of Meridian on thej~day o~.~a.Jiabc~
1984.
Ayes:
Nays: ~J
Absent:
ATTEST: /-~ Grant Kingsford, M or
CITY COUNCIL OF THE CITY OF PSERIDIAN
RESOLUTION NO. ~_
A RESOLUTION APPROVING AN AGREEMENT OF
THE ECONOMIC DEVELOPMENT CORPOP.ATION TO
ISSUE BONDS FOR DALE NEWBERRY
AMBROSE,
F1T2GERALD
dCROOKSTON
AtlOTly! Md
Counselors
P.D. Box 127
MNIOIen, IdMo
83612
T91Bplwna 888.1181
WHEREAS, the Economic Development Corporation of the City
of Deridian (the "Corporation") has filed with this City Council
a resolution and a Memorandum of Agreement relating to the
issuance by the Corporation of its revenue bonds pursuant to
Title 50, Chapter 27 of the Idaho Code, as amended (.the "Act"),
to finance the purchase of land and the. construction of facilities
to be constructed and owned by Newberry Enterprises, a General
partnership, (t?ae "Applicant") and leased to Jadamill Tool Cor-
poration for the manufacture of carbide cutting tools; and
LVHEREAS, this City Council has considered such resolution
and such Memorandum of Agreement and has considered information
relating to the Project and the financing thereof by the
Corporation;
NOW, THEREFORE, the City Council of the City of Meridian
does resolve as follows:
Section 1. The City Council hereby approves the Memorandum
of Agreement between the Corporation and the Applicant, and
approves the determination of the Corporation to issue revenue
bonds to finance costs of the Project, subject to fulfillment of
all requirements under the Act.
Section 2. This Resolution shall take effect immediately
upon its passage.
The foregoing Resolution was passe and adQptad by the City
Council of the City of Meridian on the/~ day of~~-da=T,
1984, by the following vote.
AYES:
NAYS: _ Q
ABSENT: ~
9fN7~ ~ t
nt Kings d, M or
&Tr1YF.CT-