By MARGO RIVERS
Staff Writer  The Tennessean

http://www.tennessean.com/local/archives/03/08/38279619.shtml?Element_ID=38279619
Tuesday, 08/26/03  

Policy requires good hygiene

Stinking is now a violation of Murfreesboro's city policy.

A city employee's persistent offensive body odor has prompted the City Council to mandate good hygiene, including a ban on using too much perfume or cologne.

After years of co-workers, his boss and Personnel Director Sherry Carpenter discussing the issue with the employee, city councilmen hoped the change was the last step in resolving the issue, city attorney Susan Emery McGannon said.

''The perception is that this was a reoccurring problem,'' McGannon said. ''There were short-term solutions, but it didn't work. When you have someone come to you and say that they were becoming nauseated, you have a problem.''

She refused to release the employee's name and the specifics of his job, saying she didn't want to embarrass him further.

Under the old city provision, employees were required to dress professionally, according to the person's job description. However, the amended policy reads:

''All employees shall maintain good hygiene and appropriate grooming while working. No employee shall have an odor generally offensive to others when reporting to work. An offensive body odor may result from a lack of good hygiene, from an excessive application of a fragrant aftershave or cologne, or from other causes.''

The policy does not replace the older provision or include odors stemming from medical conditions. Department heads would handle those kinds of cases under the federal Americans with Disabilities Act regulations, McGannon said.

Employees who violate the rule risk disciplinary actions ranging from reprimands to one-day suspensions, McGannon said.

Though co-workers have complained about the employee's aroma for years, city officials did not seriously consider amending the policy until a month ago. Still, McGannon said, this issue should have never gone this far.

''It's sad that this had to get legalistic,'' McGannon said. ''Things like this gives lawyers a bad rap when we have to make a rule for everything.''

Rutherford County does not have a specific policy on worker odors; however, County Executive Nancy Allen said she thinks the employee policy on appropriate dress is sufficient.

The county policy does not specifically mention personal hygiene, rather it is assumed that personal hygiene is included, she said.

Allen said she agreed with Murfreesboro's policy change if no other option was left. So far, Allen said, she hasn't had any reason to examine the issue.

''I've been in meetings in the community where someone had an odor due to too much perfume,'' Allen said. ''I usually made a joke about it. Some got it. Some didn't. But I haven't had anyone present this to me.''

Margo Rivers covers Rutherford County for The Tennessean. She can be reached at 259-8094 or mrivers@tennessean.com.