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independent investigator (consultant). The city will take reasonable and timely action, depending on <br />the circumstances of the situation. <br />Section 12.07 Confidentiality <br />A person reporting or witnessing a violation of this policy cannot be guaranteed anonymity. The <br />person's name and statements may have to be provided to the alleged offender. All complaints and <br />investigative materials will be contained in a file separate from the involved employees' personnel <br />files. If disciplinary action does result from the investigation, the results of the disciplinary action will <br />then become a part of the employee(s) personnel file(s). <br />Section 12.08 Retaliation <br />The City of Orono will not tolerate retaliation or intimidation directed towards anyone who reports <br />employment discrimination, serves as a witness, participates in an investigation, and/or takes any other <br />actions protected under federal or state discrimination laws, including when requesting religious or <br />disability accommodation. <br />Retaliation is broader than discrimination and includes, but is not limited to, any form of intimidation, <br />reprisal or harassment. While each situation is very fact dependent, generally speaking, retaliation can <br />include a denial of a promotion, job benefits, or refusal to hire, discipline, negative performance <br />evaluations or transfers to less prestigious or desirable work or work locations because an employee <br />has engaged or may engage in activity in furtherance of EEO laws. <br />It can also include threats of reassignment, removal of supervisory responsibilities, filing civil action, <br />deportation or other action with immigration authorities, disparagement to others or the media and <br />making false report to government authorities because an employee has engaged or may engage in <br />protected activities. Any individual who retaliates against a person who testifies, assists, or participates <br />in an investigation may be subject to disciplinary action up to and including termination. <br />If you feel retaliation is occurring within the workplace, please report your concern immediately to any <br />of the following: <br />1. Immediate supervisor; <br />2. Your supervisor's manager <br />3. City administrator; <br />4. Mayor or city councilmember <br />5. In the event an employee feels retaliation has occurred by the city administrator or the city <br />council, then reporting may be made to the city attorney. <br />Supervisors who have been approached by employees with claims of retaliation will take the complaint <br />seriously and promptly report the allegations promptly to the city administrator, or if the complaint is <br />against the city administrator to the city attorney, who will decide how to proceed in addressing the <br />complaint. <br />Consistent with the terms of applicable statutes and city personnel policies, the city may discipline any <br />individual who retaliates against any person who reports alleged violations of this policy. The city may <br />also discipline any individual who retaliates against any participant in an investigation, proceeding or <br />hearing relating to the report of alleged violations. <br />Page 52 of 151 <br />148 <br />