Resolution No. 62321
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RESOLUTION NO. 6232
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ADOPTING A POLICY TO PREVENT SEXUAL
HARASSMENT
WHEREAS, Government Code Section 12950 requires every
employer in California to act to ensure a workplace free of sexual
harassment by implementing certain minimum requirements; and
WHEREAS, those minimum requirements include providing
information to employees regarding the illegality of sexual
harassment, the definition of sexual harassment, and the internal
complaint process available to an employee; and
WHEREAS, the City Council of the City of Vernon desires
to ensure that employees of the City of Vernon understand that
sexual harassment will not be tolerated, by adopting a policy
which provides for disciplinary action for behavior which
qualifies as sexual harassment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: That the City Council of the City of Vernon
does hereby find and determine that the recitals contained
hereinabove are true and correct.
SECTION 2: The City Council of the City of Vernon hereby
adopts the Sexual Harassment Policy, a copy of which has been
presented to the City Council concurrently with this resolution,
and the City Council hereby orders said Policy to be received and
filed by the City Clerk.
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SECTION 3: The City Council of the City of Vernon hereby
instructs the City Clerk to post the Policy on the employee lounge
bulletin boards and to send copies of the Policy to all employees,
supervisors and managers.
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this resolution and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 6th day of April, 1993.
LEONIS C. MAURG, Mayor
ATTEST*
BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 6232, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
on Tuesday, April 6, 1993, and thereafter was duly signed by the
Mayor of the City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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CITY OF VERNON
SEXUAL HARASSMENT POLICY
prohibit sexual harassment by employees of the City
instances of sexual harassment.
harassment of an applicant or employee by a supervisor,
employee or co-worker will
Employees of the City of Vernon will not engage
harassment, and they will
directed at them or
Personnel <Officer.
their work units.
Disciplinary action, up to and including termination,
report any sexual harassment,
at someone else, to Department Heads
Supervisors will enforce this policy within
instituted for behavior described in the following definition of
sexual harassment.
DEFINITION:
Sexual harassment includes, but is not limited to, sexual
advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature which, because it is not welcomed by a
co- worker or employee, unreasonably interferes with an individual's
work performance or creates an offensive work environment.
Certain egregious conduct almost always will be found to be
sexual harassment, regardless of context, such as a male supervisor
telling a female subordinate that she will lose her job if she
doesn't grant him sexual favors.
Other conduct may be considered sexual harassment, depending
on whether a
reasonable member of the harassed employee
find it objectionable, or
conduct takes place.
Examples of conduct which may constitute sexual harassment are
the following:
- Communication of suggestive or obscene letters, photographs,
notes or invitations;
Posting of sexually suggestive or degrading pictures,
drawings, photographs, calendars, pin -ups, or cartoons (featuring
either sex);
- Communication of offensive sexual jokes, slurs, insults,
innuendoes or comments (including graphic or verbal commentaries
about an individual's body or sexual activities and sexually
explicit or degrading words used to describe an individual);
- Offensive gestures (including attempts to look inside an
employee's clothing);
Questioning an employee about his or her sexual history or
sexual practices;
- Any offensive touching (i.e., touching that would be found
offensive under the circumstances by a reasonable person of the
harassed employee's sex);
- Requiring an employee to wear sexually suggestive clothing
(particularly if the employee complains that he or she is receiving
unwelcome sexual advances as a result of wearing that clothing); or
- Requiring an employee to engage in a personal relationship
depending
on
s sex would
the context in
which the
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with any person outside the context of the work environment-
PRE -GRIEVANCE PROCESS:
An employee who has been sexually harassed on the job should
inform a Department Head, the Personnel Officer or a supervisor of
the offensive conduct. To accommodate the unique nature of sexual
harassment complaints, a`pre- grievance process is provided for the
primary purpose of resolution of a complaint at the earliest
possible date. Elements of this process are:
Complaint Advisor: The Risk Management /Personnel Office will be
available to receive sexual harassment complaints. Functions of
this office will include, but not be limited to:
I Counseling the employee and outlining the options
available.
2 Obtaining a factual written statement of the complaint for
the affected Department Head.
3. Assisting in follow -up investigation; interviewing the
accused harasser, witnesses
and supervisors
as
appropriate, and recommending disposition of the
complaint.
Department Heads and Personnel Officer: City management staff will
authorize investigation of the complaint and review
information collected to determine whether the alleged conduct
constitutes sexual harassment, giving consideration to the record
factual
as a whole and the totality of circumstances, including the nature
of the harassment and the context in which the alleged incidents
occurred. Management staff then will take or authorize appropriate
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action.
Confidentiality: Every effort will be made to protect the privacy`
of parties involved in a complaint. Files pertaining to complaints
handled under the pre- grievance process will not be made available
to general public.
FORMAL GRIEVANCE PROCESS:
Formal grievance procedures of the City of Vernon are
available for resolution of a complaint alleging sexual harassment
if such complaint is not resolved in the pre- grievance process.
Extension of Time Requirements: Time limits specified
formal grievance procedures may be extended if pre- grievance
procedures for a sexual harassment complaint were initiated within ?
the applicable time limits for filing a formal complaint.
In these
instances, if the complaint is not resolved to the satisfaction
the harassed employee, the time limits for filing
grievance should begin as of the date of notification
taken by the Department Head.
Waiver of Informal Step: Depending on circumstances of complaint,
preliminary informal steps to resolve a grievance may be waived,
and the formal grievance may be initiated at an appropriate higher
step in the process.
Dissemination of Policy: All employees, supervisors and managers
shall be sent copies of this Policy, and this Policy shall be
posted in appropriate places.
PLEASE NOTE: Sexual harassment, as defined above, violates Title
VII of the Civil Rights Act of 1964, the California Government
a formal
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Code, and regulatory guidelines of the Equal Employment Opportunity
Commission, and of the California Fair Employment
Commission'. Employees should understand
and Housing
violations of this Policy to be serious matters and that, although
disciplinary action will be calculated to end harassment, there
no guarantee that progressive discipline will be used Employees'
of the Policy.