HomeMy WebLinkAbout030623 FW_ Danny McEnerney __ Jefferson County Fair Association _Exit Statement_
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From: Danny McEnerney
Sent: Monday, March 6, 2023 9:34:46 AM (UTC-08:00) Pacific Time (US & Canada)
To: Kate Dean; Heidi Eisenhour; Greg Brotherton; Mark McCauley; Amanda Hamilton
Subject: Danny McEnerney // Jefferson County Fair Association "Exit Statement"
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ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them.
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Dear Kate Dean, Heidi Eisenhour, Greg Brotherton, Mark McCauley, and Amanda Hamilton,
I know you have a lot of important things on your plate and I appreciate your time. I’ve been enjoying the silence after my resignation as Manager of the Jefferson County Fair Association,
but feel compelled to provide my experience as a matter of official record.
Please know I’m not asking for any action here. It does sound like some positive changes are happening out there now and that is so great.
I’m regretful if my naivete had any part in the renewal of the County’s contract with the Fair Association. I was wrong to think hard work and community support could effect change within
this organization, and I’m sad to have failed.
I understand the County has no interest in replacing this board, it would be a huge hassle, but I do officially state here that not one board member acted with integrity, thoughtfulness,
and kindness throughout my time as Manager, and it is my opinion that they should all be replaced, even though it would be a huge hassle, and politically difficult.
It’s hard to believe that adults will lie, yell, fight, and manipulate like this, but when a group of people are in charge for decades, and have family ties with each other, and have
gone through deaths and marriages with each other, you don’t get a healthy board, you get a dysfunctional family - running tax payers’ 32 acres, for themselves.
**Amber Jones is attempting to use an official method to remove the board. The board will ignore her, I expect everyone will. While I have no faith that her method will be successful
because it would take support from the County, I do support her trying. She and her non-profit school have been harassed by several board members, and she is trying to do the right
thing, through the correct and official channels, however likely does not have the resources to engage the legal system. It’s important to note that her efforts are why the County is
getting a chance to now have more say in the Fair Association’s management, which will hopefully lead to a better outcome for County residents.**
This document includes the following:
EXHIBIT A - Outline of issues in opposition to the health of the Fair Association.
EXHIBIT B - Details of issues based on my personal experience.
EXHIBIT C - Recent reports of misconduct and potential breach of contract.
EXHIBIT D - List of positive in process projects at the time of my resignation.
EXHIBIT E - Proposed and ignored sexual harassment policy draft.
Thank You,
Danny McEnerney
Former Manager of the Jefferson County Fair Association
(360) 531-0872
EXHIBIT A
Outline of issues.
Included here is a short outline of what I witnessed during my 9 months as Manager of the Jefferson County Fair Association. The more I tried to change things, the more intense the pushback,
lying by omission, yelling and stress became until I finally gave-up.
Financial Mismanagement:
* Lack of financial reporting
* Deceptive financial reporting
* Insufficient access to financial data and management tools - a roadblock to fiscal responsibility.
* No operating budget.
* No communication about financial status.
* Financial work not done in a timely manner.
* Irresponsible check signing practice.
* Irresponsible financial management practices.
Potential Malfeasance
* Provided false information on insurance application.
* Former manager employee taxes not paid - Investigation needed, not an accusation.
Human Resources
* Mishandling of a sexual harassment claim.
* Mishandling of intoxicated employee.
* Association agreed to engage with me (manager) as a 1099 contractor, then treated me as an employee.
* Inability to manage employees.
* Non adherence to best practices in all areas.
* Whatever it’s called when employee requests and inquiries are simply ignored.
Non-profit Mismanagement
* Non-adherence to by-laws.
* Calling for board votes without all board members present or notified.
* Conflict of Interest.
* Zero policies.
* Nonrenewal of tenant lease due to personal grievances.
Hostile Environment:
* Chaotic, untrusting, rushed and demanding personnel (Board Treasurer)
* Complaints by volunteer, temporary office help, and tenant of being treated poorly (Board Treasurer).
* Yelling, lying, verbally dismissive during board meetings (Board Treasurer).
* Glaring, dismissive, rude to volunteers and visitors (Four Board Members).
EXHIBIT B
Details of issues based on my personal experience.
Financial Mismanagement:
* Lack of financial reporting:
Printed financial reports were not given to the board at any time. Instead a verbal “we have this much in bills and this much in the bank” was said. During the November board meeting
the treasurer brought reports with her, but they were not given to board members. The president was shown a profit and loss at this meeting, and then the treasurer said she needed it
back - the president did not give it back.
* Deceptive financial reporting
The treasurer, it was reported, told the board at the January meeting that the County Fair costs $80k to produce. Last year the treasurer stated it costs $40k to put on. The Fair does
not cost $80k to put on according to the former manager, but in fact is closer to $40k, and it is about a break even proposition. This was said in order to, in my opinion, control the
board and put them in a fear state so the treasurer can have all say. The $40k number is the correct number from what I saw.
* Insufficient access to financial data and management tools - roadblock to fiscal responsibility.
No one other than the treasurer had full access to Quickbooks. In early November I was provided access for about 2 weeks before it was taken back, with no reason given.
* I could not manage a budget or the books at all because of this, my only quickbooks access was to make an invoice and receive money.
* I couldn’t receive money correctly because I couldn’t create accounts/items/classes etc..
* I was able to view reports beginning in November, prior to that, I couldn’t view any report, even a simple profit and loss.
* Only the treasurer had access to tax accounts and all other state agency accounts as well as bank accounts to manage the organization.
* Because of this, the manager could not file Charities and Corporations annual report, which was for a second year delinquent. I did request access in writing to avoid this, but was
ignored.
* No operating budget.
There is no budget, all financial planning by the board was verbal based on the treasurer’s word, and the numbers that were provided sometimes differed.
* No communication about financial status.
There was no communication with me about what is available in bank accounts so spending can take place responsibly. Regardless, knowing what is in a checking account as a way to manage
money of an organization is not responsible.
* Financial work not done in a timely manner.
The treasurer would do most work right before the monthly board meeting.
* On multiple occasions, at least four, the treasure did not create paychecks for the scheduled pay date due to her not having the time, so paychecks were late.
* I personally have 8 years of bookkeeping, and 4 years of payroll experience in Quickbooks, but was never allowed to assist when I asked if I could.
* My request to hire a bookkeeper was met with more hassle and runaround by the treasurer, and I was never able to pull it off.
* Irresponsible check signing practice.
It’s stated that checks are to be signed by three board members. Checks during my time were signed by two, with a stack of checks pre-signed by one of them.
* In December, checks were signed by only one board member, there is proof of this, and that board member is the person who pre-signed the checks, not the person who created them.
* Irresponsible financial management practices.
No policies, no secured file management, no adherence to any best practices that I witnessed, ie; internal guidelines to reduce risk, different actions done by distinct roles, planning,
etc.. - all things I tried to implement but was ignored.
Potential Malfeasance
* Providing false information on insurance application.
In December, when the yearly insurance application was due, the treasurer filled out the application stating that the organization had a sexual harassment policy, an equal opportunity
employment policy (it might have been titled differently), and I believe a code of conduct policy.
* I witnessed this, and told the treasure that the board needs to approve these policies and then sign them if she was going to say on an insurance form that we had them. At the time
I left, December 29th, this had not happened, and so false information was provided to the insurance company Haas & Wilkerson which is a criminal offense.
* For the record, I provided a draft sexual harassment policy to the board in June 2022, which was ignored.
* On March 1st, 2023 I called Haas & Wilkerson to let them know this happened.
* Former manager employee taxes not paid - Investigation needed, not an accusation.
The treasure told me that Sue McIntire did not pay employment taxes. This is all that was said, and I do not know if the organization paid back taxes to reconcile this or any other
details.
Human Resources
* Mishandling of a sexual harassment claim.
A previous employee was complained about in writing by a female staff member with an accusation of sexual harassment. The employee was talked to by a board member. The employee then
bullied the female staff member, poking them, lying to them, and in her words intimidating them. This is documented in writing and was provided to the president. A contracted cleaning
person also told me that she was uncomfortable with him glaring at her when she was bending over to clean, but this was not put in writing.
* The Fair Association, at the request of treasurer Glenda Meek, would not let me terminate the accused employee, require them to sign a sexual harassment policy (because they ignored
the one I provided), or require sexual harassment training (as stated in the proposed policy). They required he stay employed, be “talked to” in the field by a board member and that
was it. Glenda Meek wanted him to be available for the County Fair.
* His presence at the fair then caused more drama because he didn’t show up to do his job, and so I had to perform it for him while trying to manage the event.
* Mishandling of intoxicated employee.
I reported that the same employee (above) who was accused of sexual harassment had repeated alcohol smell on his breath. Again, I was not offered any recourse or given the authority
to do anything. The alcohol smell was also reported by another employee and the contracted cleaning lady.
* I did send the employee home after witnessing him getting mad and speeding around on his golf cart where kids and dogs play. He was so drunk he could barely talk.
o No discussion of being at work under the influence was had with the employee, outside of me sending him home for being intoxicated. It was already known that the other employees
and myself had no choice but to deal with him until the county fair was over.
o Only after the 2022 county fair was the employee let go officially by the board president, however I did all the talking. Board members then got angry with the president for the
termination.
* Association agreed to engage with me (manager) as a 1099 contractor, then treated me as an employee.
I do admit that I asked to be paid as a 1099 contractor because I appreciate the autonomy of that type of contract and the ability for tax write-offs. I was treated as an employee,
and am considering making a claim.
* Inability to manage employees.
No working contracts or job descriptions for previous maintenance person or cleaning person, which lead to a $5k claim for past wages and no clear lines of authority or expectations.
I wasn’t given authority to manage employees, and much chaos was created because of this. This forced me to treat certain jobs as “contractors” and not “employees” so I could get work
done on two occasions. I’m only now seeing how this played out.
* Non adherence to best practices in all areas.
No policies, no willingness to read or approve policies (they were offered in updated by-laws as well as a separate sexual harassment policy). Comments to by-laws with policies where
“these are too long” and “we don’t need a confidentiality agreement” and “I don’t have the bandwidth to read these ad nauseam.”
* I was quite defeated after several months of work, with a committee consisting of 4 board members and a neighbor, when they were simply shot down.
* Whatever it’s called when employee requests and inquiries are simply ignored.
My requests for access to state accounts so I could manage the business were ignored. When I requested back pay due to being paid the incorrect amount, I was ignored, then ignored again,
then I threatened legal action and they paid, but gave me a list of new demands. Their game is to ignore until you go away, which works.
Non-profit Mismanagement
* Non-adherence to by-laws.
I witnessed executive meetings being called with invites only to those the secretary wanted to invite.
* By-laws state 2 or 3 board members are to be part of the executive committee, no members were named, so the secretary would invite who she wanted to with no notice to the board of
the meetings.
* Calling for board votes without all board members present or notified.
If 6 board members were in a room and wanted to approve something, they would approve it, without asking the rest of the board. I only witnessed trivial votes being done this way, but
it’s a reflection of how they are willing to operate.
* Conflict of Interest (rental of mobile home at reduced rate to board vice president).
The board rents a mobile home to the board’s vice president. It is my belief that this mobile home is potentially not fit for living and that the board is liable for not meeting landlord
laws. Reports of leaks, non-function bathing facilities, and rodent infestations by the tennant have been made.
* The rental includes water and garbage, and the monthly rate is $500. This means that one exclusive board member is receiving subsidized rent and utilities on tax payer land.
* The vice president, as of December 29th, was allowed to be 3 months late on rent.
* While this is allowed, the Cottage School’s lease will not be renewed.
* While this is allowed, renting the art building to GatherinPlace, a local non-profit, for roughly ten hours per week for $400, is not something the board supports.
* Zero policies.
* Nonrenewal of tenant lease due to personal grievances.
See above “Lack of Faith.”
Hostile Environment:
* Chaotic, untrusting, rushed and demanding personnel (Board Treasurer).
Treasurer would enter the office without planning and not make eye contact or say a word, then begin demanding things during the middle of the work day.
* Complaints by volunteer, temporary office help and tenant of being treated poorly (Board Treasurer).
Treasurer would treat office visitors and maintenance staff rudely, either ignoring them, glaring at them, or by being verbally rude to them.
* Temporary office help, maintenance staff, and a volunteer complained to me about how the treasurer interacted with them when in the office.
* A tenant complained about how she was treated by the treasurer verbally.
* Yelling, lying, verbally dismissive during board meetings (Board Treasurer).
At October’s board meeting, the treasurer yelled at me. I responded negatively and accused the treasurer of being “highly unethical” in an aggressive tone before saying “f… this” and
walking out. I apologized to the board within a week. A month later, as a requirement for me to be paid in full, I was asked to apologize again.
* Glaring, dismissive, rude to volunteers and visitors (Four Board Members).
It’s hard to articulate in writing because it was in many cases the tone and facial expressions used by the above people to paying customers and volunteers of the Fairgrounds that was
so harsh. To be a volunteer and be aggressively asked “Who are you?” as if they are somehow trying to steal something, is just par for the course.
EXHIBIT C
Recent reports of misconduct and potential breach of contract.
Two people have recently reported having their business, a major community event, and personal venue rental threatened in what I believe could be a material breach of contract within
your Memorandum of Understanding between the County and the Fair Association.
* February 22, 2023
Harassment: The director of the PT Cottage School Coop, also a board member, was not invited to a board meeting. She showed up anyway. She was yelled at, and told to “get the fuck
out.” She was laughed at regarding her experience with sexual harassment.
* Mid January, 2023
Lack of good faith: An employee witnessed board members saying “let's just be nice to her and not renew her lease in June'' regarding the aforementioned Director of the Cottage School.
This person has completed much needed tenant improvements in her leased space and worked hard to grow her business, which is now under threat due to personal grievances.
EXHIBIT D
List of positive in process projects at the time of my resignation.
In addition to being community focused and lead, many of the below projects represent much needed revenue streams:
* A permanent home for the youth PT Robotics team.
* A permanent home for non-profit GatheringPlace.
* A permanent home for PT Cottage School Coop.
* A new outdoor school.
* A revitalized, revenue focused campground.
* A machine shop makers-space for the community.
* A funded roller skating program (I was in talks with a private donor).
* A pump track - great job on this!
* A proposal for traveling nurse tiny houses to fund operations in the off season.
* 4-H Youth Center (free or donation based building rental for any youth supporting work).
* Updating the Horticulture building for weddings and events (first wedding scheduled for June).
* An updated and Jefferson County reflective County Fair.
* Regular youth makers-market in the Old Commercial building.
* Painting of the inside and outside of the Old Commercial building - Funded.
* Painting of the Cat Building - Funded.
* Painting of the Horticulture building and rock club building - Labor secured.
* $11k Grant for the aesthetic improvement of the 4-H building received.
EXHIBIT E
Proposed and ignored sexual harassment policy draft.
Provided to the Executive Committee for their June 2022 meeting.
Jefferson County Fair Association is committed to maintaining a workplace free from sexual harassment. Sexual harassment is a form of workplace discrimination. All employees are required
to work in a manner that prevents sexual harassment in the workplace. This Policy is one component of Jefferson County Fair Association commitment to a discrimination-free work environment.
Sexual harassment is against the law and all employees have a legal right to a workplace free from sexual harassment and employees are urged to report sexual harassment by filing a
complaint internally with Jefferson County Fair Association. Employees can also file a complaint with a government agency or in court under federal, state or local antidiscrimination
laws.
Policy
Jefferson County Fair Association policy applies to all employees, applicants for employment, interns, whether paid or unpaid, contractors and persons conducting business, regardless
of immigration status, with Jefferson County Fair Association. In the remainder of this document, the term employees refers to this collective group.
Sexual harassment will not be tolerated. Any employee or individual covered by this policy who engages in sexual harassment or retaliation will be subject to remedial and/or disciplinary
action (e.g., counseling, suspension, termination).
Retaliation Prohibition: No person covered by this Policy shall be subject to adverse action because the employee reports an incident of sexual harassment, provides information, or otherwise
assists in any investigation of a sexual harassment complaint. Jefferson County Fair Association will not tolerate such retaliation against anyone who, in good faith, reports or provides
information about suspected sexual harassment. Any employee of Jefferson County Fair Association who retaliates against anyone involved in a sexual harassment investigation will be
subjected to disciplinary action, up to and including termination. All employees, paid or unpaid interns, or non-employees working in the workplace who believe they have been subject
to such retaliation should inform a supervisor, manager, or [name of appropriate person]. All employees, paid or unpaid interns or non-employees who believe they have been a target
of such retaliation may also seek relief in other available forums, as explained below in the section on Legal Protections.
Sexual harassment is offensive, is a violation of our policies, is unlawful, and may subject Jefferson County Fair Association to liability for harm to targets of sexual harassment.
Harassers may also be individually subject to liability. Employees of every level who engage in sexual harassment, including managers and supervisors who engage in sexual harassment
or who allow such behavior to continue, will be penalized for such misconduct.
Jefferson County Fair Association will conduct a prompt and thorough investigation that ensures due process for all parties, whenever management receives a complaint about sexual harassment,
or otherwise knows of possible sexual harassment occurring. Jefferson County Fair Association will keep the investigation confidential to the extent possible. Effective corrective action
will be taken whenever sexual harassment is found to have occurred. All employees, including managers and supervisors, are required to cooperate with any internal investigation of sexual
harassment.
All employees are encouraged to report any harassment or behaviors that violate this policy. Jefferson County Fair Association will provide all employees a complaint form for employees
to report harassment and file complaints.
Managers and supervisors are required to report any complaint that they receive, or any harassment that they observe or become aware of, to [person or office designated].
This policy applies to all employees, paid or unpaid interns, and non-employees and all must follow and uphold this policy. This policy must be provided to all employees and should be
posted prominently in all work locations to the extent practicable (for example, in a main office, not an offsite work location) and be provided to employees upon hiring.
What Is 'Sexual Harassment'?
Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual
orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender.
Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual's sex when:
* Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment, even if
the reporting individual is not the intended target of the sexual harassment;
* Such conduct is made either explicitly or implicitly a term or condition of employment; or
* Submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual's employment.
A sexually harassing hostile work environment includes, but is not limited to, words, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature, or which are
directed at an individual because of that individual's sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually
discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, which interfere with the recipient's
job performance.
Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions
or privileges of employment. This is also called quid pro quo harassment.
Any employee who feels harassed should report so that any violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can be addressed under this
policy.
Examples of sexual harassment
Employees may be subject to discipline for retaliating against others.
The following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited:
* Physical acts of a sexual nature, such as:
1. Touching, pinching, patting, kissing, hugging, grabbing, brushing against another employee's body or poking another employee's body;
2. Rape, sexual battery, molestation or attempts to commit these assaults.
* Unwanted sexual advances or propositions, such as:
1. Requests for sexual favors accompanied by implied or overt threats concerning the target's job performance evaluation, a promotion or other job benefits or detriments;
2. Subtle or obvious pressure for unwelcome sexual activities.
* Sexually oriented gestures, noises, remarks or jokes, or comments about a person's sexuality or sexual experience, which create a hostile work environment.
* Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how individuals
of a particular sex should act or look.
* Sexual or discriminatory displays or publications anywhere in the workplace, such as:
1. Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes
such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace.
* Hostile actions taken against an individual because of that individual's sex, sexual orientation, gender identity and the status of being transgender, such as:
1. Interfering with, destroying or damaging a person's workstation, tools or equipment, or otherwise interfering with the individual's ability to perform the job;
2. Sabotaging an individual's work;
3. Bullying, yelling, name-calling.
Who can be a target of sexual harassment?
Sexual harassment can occur between any individuals, regardless of their sex or gender. Washington State Law protects employees, paid or unpaid interns, and non-employees, including
independent contractors, and those employed by companies contracting to provide services in the workplace. Harassers can be a superior, a subordinate, a coworker or anyone in the workplace
including an independent contractor, contract worker, vendor, client, customer or visitor.
Where can sexual harassment occur?
Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business or at employer sponsored events or parties. Calls,
texts, emails, and social media usage by employees can constitute unlawful workplace harassment, even if they occur away from the workplace premises, on personal devices or during non-work
hours.
AZSRetaliation
Unlawful retaliation can be any action that could discourage a worker from coming forward to make or support a sexual harassment claim. Adverse action need not be job-related or occur
in the workplace to constitute unlawful retaliation (e.g., threats of physical violence outside of work hours).
Such retaliation is unlawful under federal, state, and (where applicable) local law. The State Human Rights Law protects any individual who has engaged in a protected activity. Protected
activity occurs when a person has:
* made a complaint of sexual harassment, either internally or with any anti-discrimination agency;
* testified or assisted in a proceeding involving sexual harassment under the Human Rights Law or other anti-discrimination law;
* opposed sexual harassment by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of harassment;
* reported that another employee has been sexually harassed; or
* encouraged a fellow employee to report harassment.
Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the
practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of harassment.
Reporting Sexual Harassment
Preventing sexual harassment is everyone's responsibility.
Jefferson County Fair Association cannot prevent or remedy sexual harassment unless it knows about it. Any employee, paid or unpaid intern or non-employee who has been subjected to behavior
that may constitute sexual harassment is encouraged to report such behavior to a supervisor, manager or [person or office designated]. Anyone who witnesses or becomes aware of potential
instances of sexual harassment should report such behavior to a supervisor, manager or [person or office designated].
Reports of sexual harassment may be made verbally or in writing. A form for submission of a written complaint is attached to this Policy, and all employees are encouraged to use this
complaint form. Employees who are reporting sexual harassment on behalf of other employees should use the complaint form and note that it is on another employee's behalf.
Employees, paid or unpaid interns or non-employees who believe they have been a target of sexual harassment may also seek assistance in other available forums, as explained below in
the section on Legal Protections.
Supervisory Responsibilities
All supervisors and managers who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing behavior or for any reason suspect that
sexual harassment is occurring, are required to report such suspected sexual harassment to [person or office designated].
In addition to being subject to discipline if they engaged in sexually harassing conduct themselves, supervisors and managers will be subject to discipline for failing to report suspected
sexual harassment or otherwise knowingly allowing sexual harassment to continue.
Supervisors and managers will also be subject to discipline for engaging in any retaliation.
Complaint and Investigation of Sexual Harassment
All complaints or information about sexual harassment will be investigated, whether that information was reported in verbal or written form. Investigations will be conducted in a timely
manner, and will be confidential to the extent possible.
An investigation of any complaint, information or knowledge of suspected sexual harassment will be prompt and thorough, commenced immediately and completed as soon as possible. The investigation
will be kept confidential to the extent possible. All persons involved, including complainants, witnesses and alleged harassers will be accorded due process, as outlined below, to protect
their rights to a fair and impartial investigation.
Any employee may be required to cooperate as needed in an investigation of suspected sexual harassment. Jefferson County Fair Association will not tolerate retaliation against employees
who file complaints, support another's complaint or participate in an investigation regarding a violation of this policy.
While the process may vary from case to case, investigations should be done in accordance with the following steps:
* Upon receipt of complaint, [person or office designated] will conduct an immediate review of the allegations, and take any interim actions (e.g., instructing the respondent to refrain
from communications with the complainant), as appropriate. If complaint is verbal, encourage the individual to complete the 'Complaint Form' in writing. If he or she refuses, prepare
a Complaint Form based on the verbal reporting.
* If documents, emails or phone records are relevant to the investigation, take steps to obtain and preserve them.
* Request and review all relevant documents, including all electronic communications.
* Interview all parties involved, including any relevant witnesses;
* Create a written documentation of the investigation (such as a letter, memo or email), which contains the following:
1. A list of all documents reviewed, along with a detailed summary of relevant documents;
2. A list of names of those interviewed, along with a detailed summary of their statements;
3. A timeline of events;
4. A summary of prior relevant incidents, reported or unreported; and
5. The basis for the decision and final resolution of the complaint, together with any corrective action(s).
* Keep the written documentation and associated documents in a secure and confidential location.
* Promptly notify the individual who reported and the individual(s) about whom the complaint was made of the final determination and implement any corrective actions identified in the
written document.
* Inform the individual who reported of the right to file a complaint or charge externally as outlined in the next section.
Legal Protections And External Remedies
Sexual harassment is not only prohibited by Jefferson County Fair Association prohibited by state, federal, and, where applicable, local law.
Aside from the internal process at Jefferson County Fair Association, employees may also choose to pursue legal remedies with the following governmental entities. While a private attorney
is not required to file a complaint with a governmental agency, you may seek the legal advice of an attorney.
In addition to those outlined below, employees in certain industries may have additional legal protections.