RFQ 2023-56 Wokrplace Investigator.pdf

Revised 1/2023 Page 1

REQUEST FOR QUOTES (RFQ) #2023-62

Issue Date: July 12, 2023

Project Name: Workplace Investigative Services Quote Due Date/Time: August 1, 2023, 2:00 PM PST Procurement Analyst: Thomas Candelario Email: ttcandelario@Clackamas.us

SUBMIT QUOTES VIA EQUITY HUB’S BID LOCKER LOCATED AT

https://bidlocker.us/a/clackamascounty/BidLocker.

PLEASE NOTE: EMAIL SUBMISSIONS WILL NOT BE ACCEPTED.

1. ANNOUNCEMENT AND SPECIAL INFORMATION

Quoters are required to read, understand, and comply with all information contained within this Request for Quotes (“RFQ”). All quotes are binding upon Quoter for sixty (60) days from the Quote Due Date/Time. Quotes received after the Quote Due Date/Time may not be considered. If authorized in the RFQ and resulting contract, travel and other expense reimbursement will only be reimbursed in accordance with the Clackamas County Travel Reimbursement Policy in effect at the time the expense is incurred. The Policy may be found at https://www.clackamas.us/finance/terms.html.

RFQ Documents can be downloaded from OregonBuys at the following address:

https://oregonbuys.gov/bso/ Document No. S- C01010-000000 . Prospective Quoters will need to sign in to download the information and that information will be accumulated for a Plan Holder's List. Prospective Quoters are responsible for obtaining any addenda or clarifying questions from OregonBuys.

Submitting Quotes: Bid Locker Quotes will only be accepted electronically via a secure online submission service, Bid Locker. Email submissions to Clackamas County email addresses will no longer be accepted.

A. Completed quote documents must arrive electronically via Bid Locker located at https://bidlocker.us/a/clackamascounty/BidLocker.

B. Bid Locker will electronically document the date and time of all submissions. Completed documents must arrive by the deadline indicated above or as modified by Addendum.

LATE QUOTES WILL NOT BE ACCEPTED.

C. Quoters must register and create a profile for their business with Bid Locker in order to submit for this project. It is free to register for Bid Locker.

D. Quoters with further questions concerning Bid Locker may review the Vendor’s Guide located at https://www.clackamas.us/how-to-bid-on-county-projects .

All questions regarding this RFQ are to be directed to the Procurement Analyst named above. Quoters may not communicate with County employees or representatives about the RFQ during the procurement process until the Procurement office has notified Quoters of the selected Quoter.

Communication in violation of this restriction may result in rejection of a Quoter.

Procurement Division Public Services Building

2051 Kaen Road Oregon City, OR 97045

(503) 742-5444 (Office) mailto:ttcandelario@Clackamas.us https://bidlocker.us/a/clackamascounty/BidLocker https://www.clackamas.us/finance/terms.html https://oregonbuys.gov/bso/ https://bidlocker.us/a/clackamascounty/BidLocker https://www.clackamas.us/how-to-bid-on-county-projects

Revised 1/2023 Page 2

2. SCOPE

The purpose of this RFQ is to establish multiple personal services contracts for Workplace Investigative Services.

Background Statement

Clackamas County is committed to providing a workplace that is free of discrimination, harassment, and retaliatory conduct. The County is seeking to establish multiple personal services contracts for investigative services to develop a pool of potential workplace investigators to investigate internal employee complaints within the Clackamas County workforce.

We anticipate the initial contracts will be for two (2) years, with the option for two (2), two (2) year renewals, for a total of six (6) years.

Scope of Work

At the direction of the HR Director and/or HR Program Coordinator, conduct workplace investigations on behalf of the Human Resources Department for Clackamas County and in accordance with Employment Policy and Practice #2, “Discrimination and Harassment Free Workplace and Complaint Procedure.” (Attached)

Work to include:

• Conduct prompt, thorough, and impartial internal investigations in response to workplace concerns such as harassment, discrimination, retaliation, and bullying.

• Consult with HR Program Coordinator to manage investigations from start to finish, including intake meetings, background research, investigative interviews, debrief meetings with Human Resources and County Counsel representatives, and written report development.

• Use appropriate and acceptable investigative practices to complete a timely and thorough investigation.

• Collect, review, interpret, analyze, and evaluate statements, documents, and physical evidence collected during the investigation. Prepare official investigative written report and discuss findings with Human Resources and County Counsel staff.

• Maintain confidentiality of all personnel, payroll, accounting, and finance records and reports along with any other records, reports and/or information deemed to be sensitive in nature.

Attachments:

Clackamas County Policy EPP 2

3. SAMPLE CONTRACT

Submission of a Quote in response to this RFQ indicates Quoter’s willingness to enter into a contract containing substantially the same terms of the below referenced contract, which can be found at:

https://www.clackamas.us/finance/terms.html, with the below indicated requirements. No action or response to the sample contract is required under this RFQ. The applicable sample contract is the:

Personal Services Contract (unless checked, item does not apply) The following paragraphs of the Professional Services Contract will be applicable:

Article I, Paragraph 5 – Travel and Other Expense is Authorized Article II, Paragraph 28 – Confidentiality Article II, Paragraph 29 – Criminal Background Check Requirements Article II, Paragraph 30 – Key Persons Article II, Paragraph 31 – Cooperative Contracting Article II, Paragraph 32 – Federal Contracting Requirements Exhibit A – On-Call Provision https://www.clackamas.us/finance/terms.html

Revised 1/2023 Page 3

The following insurance requirements will be applicable:

Commercial General Liability: combined single limit, or the equivalent, of not less than $1,000,000 per occurrence, with an annual aggregate limit of $2,000,000 for Bodily Injury and Property Damage.

Professional Liability: combined single limit, or the equivalent, of not less than $1,000,000 per occurrence, with an annual aggregate limit of $2,000,000 for damages caused by error, omission or negligent acts.

Automobile Liability: combined single limit, or the equivalent, of not less than $1,000,000 per occurrence for Bodily Injury and Property Damage.

4. QUOTE

Quotes should be short and concise with the following information:

[Choose one]

A. Description of experience investigating the full scope of EEO, harassment, retaliation, and bullying complaints, including development of written reports.

B. Description of experience of staff members who may contribute to the investigative process.

C. Description of contractor’s approach to ensure open lines of communication throughout the investigative process with the County’s Human Resources Director and/or HR Program Coordinator.

D. Full rate sheet of all labor rates and other fees/costs associated with the work to be completed.

E. Contractor references.

F. Quote Certification Form; and G. Any additional information or qualifications that Clackamas County should take into consideration .

5. EVALUATION

Quotes will be evaluated based on subjective factors including, but not limited to the above criteria

Revised 1/2023 Page 4

QUOTE CERTIFICATION FORM

RFQ #2023-62

Submitted by: ____________________________________________________________________ (Must be entity’s full legal name)

Each Quoter must read, complete and submit a copy of this Clackamas County Certification with their Quote. Failure to do so may result in rejection of Quote. By signature on this Certification the undersigned certifies that they are authorized to act on behalf of the Quoter and that under penalty of perjury the undersigned will comply with the following:

SECTION I. OREGON TAX LAWS: As required in ORS 279B.110(2)(e), the undersigned hereby certifies that, to the best of the undersigned’s knowledge, the Quoter is not in violation of any Oregon Tax Laws. For purposes of this certification, “Oregon Tax Laws” means the tax laws of the state or a political subdivision of the state, including ORS

305.620 and ORS chapters 316, 317 and 318. If a contract is executed, this information will be reported to the Internal Revenue Service. Information not matching IRS records could subject Quoter to 24% backup withholding.

SECTION II. NON-DISCRIMINATION: That the Quoter has not and will not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation, gender identity, national origin, or any other protected class. Nor has Quoter or will Quoter discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business that is certified under ORS 200.055.

SECTION III. CONFLICT OF INTEREST

The undersigned hereby certifies that no elected official, officer, agent or employee of Clackamas County is personally interested, directly or indirectly, in any resulting contract from this RFQ, or the compensation to be paid under such contract, and that no representation, statements (oral or in writing), of the County, its elected officials, officers, agents, or employees had induced Quoter to submit this Quote. In addition, the undersigned hereby certifies that this proposal is made without connection with any person, firm, or corporation submitting a quote for the same material, and is in all respects fair and without collusion or fraud.

SECTION IV. COMPLIANCE WITH SOLICITATION: The undersigned further agrees and certifies that they:

1. Have read, understand and agree to be bound by and comply with all requirements, instructions, specifications, terms and conditions of the RFQ (including any attachments); and

2. Are an authorized representative of the Quoter, that the information provided is true and accurate, and that providing incorrect or incomplete information may be cause for rejection of the Quote or contract termination; and

3. Will furnish the designated item(s) and/or service(s) in accordance with the RFQ and Quote; and

4. Will use recyclable products to the maximum extend economically feasible in the performance of the contract work set forth in this RFQ.

Name:_______________________________________ Date:______________________________________

Signature:____________________________________ Title:______________________________________

Email:_______________________________________ Telephone:_________________________________

Oregon Business Registry Number:________________ OR CCB # (if applicable):________________________

Business Designation (check one):

Corporation Partnership Sole Proprietorship Non-Profit Limited Liability Company

Resident Quoter, as defined in ORS 279A.120 Non-Resident Quote. Resident State: ____________________

Revised 1/2023 Page 5

CLACKAMAS COUNTY

INSTRUCTIONS TO QUOTERS

Quotes are subject to the applicable provisions and requirements of the Clackamas County Local Contract Review Board Rule C-047-0270 (Intermediate Procurements) and Oregon Revised Statutes.

QUOTE PREPARATION

1. QUOTE FORMAT: Quotes must be must be submitted as indicated in the RFQ.

2. CONFORMANCE TO RFQ REQUIREMENTS: Quotes must conform to the requirements of the RFQ. Unless otherwise specified, all items quoted are to be new, unused and not remanufactured in any way. Any requested attachments must be submitted with the quote and in the required format. Quote prices must be for the unit indicated on the quote. Failure to comply with all requirements may result in quote rejection.

3. ADDENDA: Only documents issued as addenda by Clackamas County serve to change the RFQ in any way. No other directions received by the Quoter, written or verbal, serve to change the RFQ document. NOTE: IF YOU HAVE RECEIVED A COPY OF THE RFQ, YOU SHOULD CONSULT OREGONBUYS (https://oregonbuys.gov/bso/view/login/login.xhtml) TO ENSURE

THAT YOU HAVE NOT MISSED ANY ADDENDA OR ANNOUNCEMENTS. QUOTERS

ARE NOT REQUIRED TO RETURN ADDENDUMS WITH THEIR QUOTE. HOWEVER,

QUOTERS ARE RESPONSIBLE TO MAKE THEMSELVES AWARE OF, OBTAIN AND

INCORPORATE ANY CHANGES MADE IN ANY ADDENDA ISSUED, AND TO

INCORPORATE ANY CHANGES MADE BY ADDENDUM INTO THEIR FINAL QUOTE.

FAILURE TO DO SO MAY, IN EFFECT, MAKE THE QUOTER'S QUOTE NON-

RESPONSIVE, WHICH MAY CAUSE THE QUOTE TO BE REJECTED.

4. USE of BRAND or TRADE NAMES: Any brand or trade names used by Clackamas County in the specifications are for the purpose of describing and establishing the standard of quality, performance and characteristics desired and are not intended to limit or restrict competition.

Quoters may submit quotes for substantially equivalent products to those designated unless the RFQ provides that a specific brand is necessary because of compatibility requirements, etc. All such brand substitutions shall be subject to approval by Clackamas County.

5. PRODUCT IDENTIFICATION: Quoters must clearly identify all products quoted. Brand name and model or number must be shown. Clackamas County reserves the right to reject any quote when the product information submitted with the quote is incomplete.

6. FOB DESTINATION: Unless specifically allowed in the RFQ, QUOTE PRICE MUST BE F.O.B. DESTINATION with all transportation and handling charges included in the Quote.

7. DELIVERY: Delivery time must be shown in number of calendar days after receipt of purchase order.

8. EXCEPTIONS: Any deviation from quote specifications, or the form of sample contract referenced in this RFQ, may result in quote rejection at County’s sole discretion.

9. SIGNATURE ON QUOTE: Quotes must be signed by an authorized representative of the Quoter. Signature on a quote certifies that the quote is made without connection with any person, firm or corporation making a quote for the same goods and/or services and is in all respects fair and without collusion or fraud. Signature on a quote also certifies that the Quoter has read and fully understands all quote specifications, and the sample contract referenced in this RFQ (including insurance requirements). No consideration will be given to any claim resulting from quoting without comprehending all requirements of the RFQ.

10. QUOTE MODIFICATION: Quotes, once submitted, may be modified in writing before the time and date set for quote closing. Any modifications should be signed by an authorized representative, and state that the new document supersedes or modifies the prior quote. Quoters may not modify quotes after quote closing time.

11. QUOTE WITHDRAWALS: Quotes may be withdrawn by request in writing signed by an authorized representative and received by Clackamas County prior to the Quote Due Date/Time.

Quotes may also be withdrawn in person before the Quote Due Date/Time upon presentation of appropriate identification.

12. QUOTE SUBMISSION: Quotes may be submitted by returning to Clackamas County Procurement Division in the location designated in the introduction of the RFQ; however, no oral https://oregonbuys.gov/bso/view/login/login.xhtml

Revised 1/2023 Page 6 or telephone quotes will be accepted. Envelopes, or e-mails containing Quotes should contain the RFQ Number and RFQ Title.

QUOTE EVALUATION AND AWARD

1. PRIOR ACCEPTANCE OF DEFECTIVE PROPOSALS: Due to limited resources, Clackamas County generally will not completely review or analyze quotes which fail to comply with the requirements of the RFQ or which clearly are not the best quotes, nor will Clackamas County generally investigate the references or qualifications of those who submit such quotes.

Therefore, neither the return of a quote, nor acknowledgment that the selection is complete shall operate as a representation by Clackamas County that an unsuccessful quote was complete, sufficient, or lawful in any respect.

2. DELIVERY: Significant delays in delivery may be considered in determining award if early delivery is required.

3. CASH DISCOUNTS: Cash discounts will not be considered for award purposes unless stated in the RFQ.

4. PAYMENT: Quotes which require payment in less than 30 days after receipt of invoice or delivery of goods, whichever is later, may be rejected.

5. INVESTIGATION OF REFERENCES: Clackamas County reserves the right to investigate references and or the past performance of any Quoter with respect to its successful performance of similar services, compliance with specifications and contractual obligations, and its lawful payment of suppliers, sub-contractors, and workers. Clackamas County may postpone the award or execution of the contract after the announcement of the apparent successful Quoter in order to complete its investigation. Clackamas County reserves the right to reject any quote or to reject all quotes at any time prior to Clackamas County's execution of a contract if it is determined to be in the best interest of Clackamas County to do so.

6. CLARIFICATION: Clackamas County reserves the right to seek clarification of each Quote, or to make an award without further discussion of Quotes received.

7. METHOD OF AWARD: Clackamas County reserves the right to make the award by item, groups of items or entire quote, whichever is in the best interest of Clackamas County.

8. QUOTE REJECTION: Clackamas County reserves the right to reject any and all quotes for any reason including, but not limited to, a Quoter’s failure to constitute as a responsible bidder under ORS 279B.110 and LCRB C047-640-1-c-F-iii.

9. QUOTE RESULTS: Quoters who submit a quote will be notified of the RFQ results. Awarded quote files are public records and available for review by submitting a public records request or by appointment.

Clackamas County Policy

Name of Policy Discrimination and Harassment Free Workplace and Complaint Procedure

Policy # EPP 2

Policy Owner Name Evelyn Minor-Lawrence Effective Date 12/31/92

Policy Owner Position Human Resources Director Approved Date 06/11/20

Approved By Board of County Commissioners Next Review Date 07/01/23

I. PURPOSE

To affirm the County’s commitment to providing a workplace that is free of discrimination, harassment or retaliatory conduct and to outline the associated complaint procedure. The County is committed to creating and maintaining a respectful and professional work environment in which each person is valued and respected without regard to protected class status. This policy outlines types of prohibited conduct and procedures for reporting and investigating prohibited conduct.

SCOPE

This policy applies to the following: elected officials; employees, including part-time, limited term, temporary and seasonal; unpaid interns; volunteers; and contractors doing business with the County.

II. AUTHORITY

ORS 203.035 authorizes the Board of County Commissioners to promulgate polices for the management and operation of Clackamas County Government.

III. GENERAL POLICY

The County provides a work environment free from unlawful discrimination or harassment based on or because of an employee’s protected class status. Additionally, the County is committed to providing a work environment free from sexual harassment. Employees at every level of the organization, including temporary employees and volunteers, must not engage in any form of discrimination or harassment, which includes workplace intimidation, sexual assault, or sexual harassment. This policy applies to discrimination or harassment that occurs in the workplace and at work-related events that are off County premises but coordinated by or through the County.

Managers and supervisors are expected to be proactive in creating and maintaining a discrimination and harassment free workplace. Managers and supervisors must take appropriate measures to prevent and promptly correct any discrimination or harassment.

Conduct in violation of this policy will not be tolerated. Employees engaging in conduct that violates this policy may be subject to disciplinary action up to and including dismissal.

Managers and supervisors who know or should know of conduct in violation of this policy and who fail to report such behavior or fail to take prompt, appropriate action may be subject to disciplinary action up to and including dismissal.

IV. DEFINITIONS

Complainant: A person (or persons) allegedly subjected to, or who witnessed or observed, discrimination, workplace harassment or sexual harassment and who files a complaint.

Administrative Policy

Operational Policy

Contractor: An individual or business with whom the County has entered into an agreement or contract to provide goods or services.

Designated Individual: An individual designated by the County who is responsible for receiving reports of discrimination or harassment covered by this policy.

Discrimination: Making employment decisions related to hiring, firing, transferring, promoting, demoting, benefits, compensation, and other terms and conditions of employment, based on or because of an employee’s protected class status. (See also Harassment.)

Gender Identity: An individual's gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth.

Harassment: Discriminatory conduct that is directed at someone because they are members of a protected class, associate with someone who is a member of a protected class, or are perceived as a member of a protected class.

Non-disclosure Agreement: An agreement between the employer and employee not to disclose information related to complaints or personnel actions related to violations of this policy.

Non-disparagement Agreement: An agreement between the employer and employee not to make negative statements about the other related to complaints or personnel actions related to violations of County policies.

Protected Class: A group of people protected by law from discrimination on the basis of a shared characteristic, such as race, sex, sexual orientation, disability, or other, or a perception of that characteristic.

Respondent: The person who is the subject of the complaint.

Retaliation: Failing to treat a person who makes a complaint or has been a witness to an investigation impartially with regards to employment-related decisions, including but not limited to demotion, suspension, failure to promote or the provision of training opportunities, or any actions by any employee to ostracize, intimidate, ignore, demean or target any other person because they participated in a workplace investigation or otherwise engaged in protected activity.

Sexual Assault: Unwanted conduct of a sexual nature that is inflicted upon a person or compelled through the use of physical force, manipulation, threat or intimidation;

or a sexual offense has been threatened or committed as described in ORS 163.305 to

163.467 or 163.525.

Sexual Harassment: Unwelcome, unwanted or offensive sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

(1) Submission to such conduct is made either explicitly or implicitly a term or condition of the individual’s employment, or is used as a basis for any employment decision (granting leave requests, promotion, favorable performance appraisal, etc.); or

(2) Such conduct is unwelcome, unwanted or offensive and has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

Examples of sexual harassment include but are not limited to: unwelcome, unwanted or offensive touching or physical contact of a sexual nature, such as closeness, impeding or blocking movement, assaulting or pinching; gestures; innuendoes; teasing, jokes, and other sexual talk; intimate inquiries; persistent courting; gender-based put-downs or insults;

epithets; slurs; or derogatory comments.

Sexual Orientation: An individual’s actual or perceived heterosexuality, homosexuality or bisexuality.

Workplace Intimidation: Unwelcome, unwanted or offensive conduct based on or because of an employee’s protected class status. Workplace intimidation may occur between a manager or supervisor and a subordinate, between employees, and among non-employees who have business contact with employees. A complainant does not have to be the person harassed, but could be a person affected by the offensive conduct.

Examples of workplace intimidation include, but are not limited to, derogatory remarks, slurs and jokes about a person’s protected class status.

V. PROCESS AND PROCEDURES

A. Reporting Discrimination and Harassment

Employees, volunteers, or interns who have experienced discrimination, harassment, sexual assault, sexual harassment, or retaliation in violation of this policy, or who have witnessed such behavior, or who have credible information about such behavior occurring, are expected and should bring the matter to the attention of the Internal Complaint Coordinator or the Director of Human Resources, who are Designated Individuals to receive such reports.

Employees may also report their concerns to any supervisor or member of management.

Reports may be made orally or in writing. Reports of discrimination and harassment may be made to the County within five years of the incident.

B. Investigation of Complaints

All complaints and reports of discrimination or harassment covered by this policy will be promptly and impartially investigated. To the extent possible, the County will investigate complaints and reports subject to this policy in a discrete and confidential manner. The County may need to take steps to ensure employees are protected from further potential discrimination or harassment.

All employees are expected to cooperate with the investigation and keep information regarding the investigation confidential. The County’s Designated Individual or designee will notify the respondent and all witnesses that retaliating against a person for making a report of discrimination, harassment, workplace intimidation, sexual harassment, or sexual assault will not be tolerated. The County’s Designated Individual or designee will notify the complainant and the accused when the investigation is concluded.

Prompt and appropriate action will be taken if a complaint is substantiated. The County’s Designated Individual or designee will inform the complainant if any part of a complaint is substantiated and action has been taken. The complainant will not be given the specifics of the action. The complainant and the accused will be notified by the County’s Designated Individual or designee if a complaint is not substantiated.

Unless the complainant has signed a waiver of the employer’s responsibility to conduct follow up contacts with the complainant, the employer shall follow up with the complainant once every three months for the calendar year following the date on which the employer received a report of discrimination or harassment to determine whether the alleged harassment has stopped or if the victim has experienced retaliation.

C. Protection Against Retaliation

This policy prohibits retaliation against anyone who files a complaint, participates in an investigation, or reports observing discrimination, harassment, workplace intimidation, sexual assault, or sexual harassment.

Anyone who believes they have been retaliated against because they filed a complaint, participated in an investigation, or reported observing discrimination or harassment, should report this behavior to the Human Resources Internal Complaint Coordinator. Complaints of retaliation will be investigated promptly. Employees who violate this policy by retaliating against others may be subject to disciplinary action, up to and including dismissal.

D. Employee Rights

a. Resources

Individuals who believe they are the victim of workplace harassment should contact their immediate supervisor, another manager, Internal Complaint Coordinator, Human Resources Director or designee, for information related to counseling, and support services, including the Employee Assistance Program.

The County cannot provide legal resources to its employees or referrals to specific attorneys.

Employees may contact the Oregon State Bar for information about available legal services:

http://www.osbar.org/public/.

b. Prohibited employment or settlement agreements

The County may not require, coerce, or enter into an agreement with an employee or prospective employee, as a condition of employment, continued employment, promotion, compensation or the receipt of benefits, that contains a nondisclosure provision, a non-disparagement provision or any other provision that has the purpose or effect of preventing the employee from disclosing or discussing conduct that is prohibited by this policy.

If an employee who has been aggrieved by workplace harassment, discrimination, or sexual assault wants to enter into a settlement, separation or severance agreement with the County regarding their experience and/or employment status, the employee should contact the Internal

Complaints Coordinator. The employee’s request to enter into such an agreement must be in writing (email or text is acceptable). If the County and employee reach an agreement, the employee will have seven days to revoke the agreement after signing it. However, the employee may request that nondisclosure and non-disparagement provisions be included in any such agreement.

The County is committed to creating and maintaining a workplace free of sexual assault, harassment, discrimination, and retaliation and it has confidence in the process it has developed for addressing good-faith complaints. However, Oregon law requires the County to inform employees that if they have been aggrieved by workplace harassment, discrimination, or sexual assault and want to enter into an agreement with the County regarding their experiences and/or employment status, the employee should contact the Internal Complaints Coordinator. The employee’s request to enter into such an agreement must be in writing (email or text is acceptable). Requests of this nature will be considered on a case-by-case basis; such agreements are not appropriate for every situation. If the County and employee do reach an agreement, the County will comply with Oregon law applicable to such agreements, including the prohibition on nondisclosure and non-disparagement provisions described above.

The employee will have seven days to revoke the agreement after signing it.

c. Other reporting options

Nothing in this policy prevents any person from filing a grievance in accordance with a Collective Bargaining Agreement, a complaint with the Bureau of Labor and Industries (BOLI) or the Equal Employment Opportunity Commission (EEOC), or if applicable, the U.S.

Department of Labor (USDOL) Civil Rights Center. A complaint filed with BOLI alleging an unlawful employment practices under ORS 659A.030, 659A.082 to 659A.865, 659A.112 or Section 2 of the SB726 (2019) must be filed no later than 5 years after the occurrence of the alleged unlawful employment practice. Nothing in this policy prevents any person from seeking remedy under any other available law, whether civil or criminal.

An employee or claimant must provide notice to the County of a claim against it within 180 days of the incident as required by ORS 30.275.

E. Documentation

The Human Resources Department will be the official record keeper for all reports of discrimination or harassment or related employment or settlement agreements containing prohibited provisions. All records will be maintained in a secure and confidential manner.

Any supervisor, manager or employee who observes or experiences what they believe to be incidents of discrimination or harassment should also document such incidents.

The Human Resources Department will maintain records of workplace harassment including:

the date of the incident; the date the complaint was received by the Designated Individual or designee; the dates the investigation was started and closed; the investigation report; the outcome of the investigation and any actions taken by the agency; and the date the agency followed up with the victim, or a signed waiver of the employer’s responsibility to conduct follow up contacts with the victim. The County may be required by law to disclose records related to compaints of discrimination or harassment in taking appropriate disciplinary action. The County will take appropriate measures to protect confidentiality to the extent possible.

VI. ACCESS TO POLICY

Access to this administrative policy shall be as follows:

Filed in the County’s policy management system.

Posted to the County’s intranet.

Posted to the County’s internet.

VII. RESOURCES

For questions related to this policy, please contact the Human Resources Department.

See also:

EPP 1 - Equal Employment Opportunity https://dochub.clackamas.us/documents/drupal/c046317e-ae86-4aec-b1ea-4bf1306cfc5e