Loading...
Resolution No. 75801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7580 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING AN AMENDMENT TO THE CITY OF VERNON SEXUAL HARASSMENT POLICY WHEREAS, on April 6, 1993, the City Council of the City of Vernon adopted Resolution No. 6232 which adopted a City of Vernon Sexual Harassment Policy; and WHEREAS, the City Council of the City of Vernon desires to revise its Sexual Harassment Policy to provide a further example of unacceptable conduct and to clarify the enforcement responsibilities of City employees in supervisory positions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION l: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves and adopts the Amended City of Vernon Sexual Harassment Policy, a copy of which is attached hereto as Exhibit "A" and made a part hereof. SECTION 3: 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 26th day of July, 2000. EONIS C. MA URG, Mayor ATTE BRUCE V. MALKENHORST, City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 7580, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Wednesday, July 26, 2000, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - 2 - EXHIBIT A JUL-26-2000 WED 10:43 AM EDUARDO OLIVO FAX NO. 1 P.' 04 Page 1 CITY OF VERNON SEXUAL HARASSMENT POLICY (AMENDED 3U[..Y, 2000) PURPOSE: To prohibit sexual harassment by employees of the City of Vernon, and to notify all employees what conduct is prohibited and how to resolve any instances of sexual harassment. POLICY: Sexual harassment of an applicant or employee by a supervisor, management employee or co-worker will not be tolerated. Employees of the City of Vernon will not engage in sexual harassment_ All City of Vernon employees shall report any sexual harassment, whether directed at them or at someone else, to Department Heads or the Personnel Officer. Supervisors shall enforce this policy within their work units. The supervisor shall report any incident that may be interpreted to constitute a violation of this Policy to his or her Department Head. The Department Head shall then report all such incidents to the Risk Management/Personnel Officer or the City Administrator. Disciplinary action, up to and including termination, will he instituted for behavior described in the following definition of sexual harassment. DEFINIY'ION: 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 JUL4-2000 WED 10 : 43 AM EDUARDO OL I VO FAX NO.' 1 P. 05 Page 2 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 does not grant him sexual favors. Other conduct may be considered sexual harassment, depending on whether a reasonable member of the harassed employee's sex would Find it objectionable, or depending on the context in which the conduct takes place. Examples of conduct, which may constitute sexual harassment, are the following; * Commmunication 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 cIothing); • 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); JUL-26-2000 WED 10 43 AM EDUARDO OLIVO FAX NO. 1 P. 06 Page 3 • 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 with any person outside the context of the work environment; or • Horseplay of asexual nature. PRE -GRIEVANCE PROCESS: An employee who has been sexually harassed on the job should inform a Department Heal, 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 elate. 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: 1. 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, C.ornplaint Investifiation: The Personnel Director, City Administrator or the City Council will authorize investigation of the complaint. Factual information shall be collected and reviewed to determine whether the alleged conduct constitutes sexual harassment, giving consideration to the record a.S a whole and the totality of circumstances, including the nature of the harassment and the JUL-26-2000 WED 10:43 AM EDUARDO OLIVO • FAX NO•'1 P.' 07 Page 4 context in which the alleged incidents occurred. Management staff then will take or authorize appropriate 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. NORMAL 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 in the 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 of the harassed employee, the time limits for filing a formal grievance should begin as of the date of notification of action taken by the Department Head. Waiver of Informal Step: Depending on circumstances of the 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 Code, and regulatory guidelines of the Equal Employment Opportunity Commission, and of the California Fair JUL 26-2000 WED 10: 44 AM EDUARDO OL i VO ' ' FAX NO.° 1 P. ' 08 Page 5 Employment and Housing Commission. Employees should understand that the City considers violations of this Policy to be serious matters and that, although disciplinary action will be calculated to end harassment, there is no guarantee that progressive discipline will be used; employees may be termer forviolations of the policy. The Policy is not intended, in any way, to alter the at -will employment relationship that exists between the City of Vernon and its employees. Consistent with said at -will employment relationship, all employees may be terminated without cause. AmmWed ScxualHamWxolicyi SUPPORTING DOCUMENTS CITY OF VERNON SEXUAL HARASSMENT POLICY (AMENDED JULY, 2000) PURPOSE: Page l To prohibit sexual harassment by employees of the City of Vernon, and to notify all employees what conduct is prohibited and how to resolve any instances of sexual harassment. POLICY: Sexual harassment of an applicant or employee by a supervisor, management employee or co-worker will not be tolerated. Employees of the City of Vernon will not engage in sexual harassment. All City of Vernon employees shall report any sexual harassment, whether directed at them or at someone else, to Department Heads or the Personnel Officer. Supervisors shall enforce this policy within their work units. The supervisor shall report any incident that may be interpreted to constitute a violation of this Policy to his or her Department Head. The Department Head shall then report all such incidents to the Risk Management/Personnel Officer or the City Administrator. Disciplinary action, up to and including termination, will be 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 Page 2 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 does not grant him sexual favors. Other conduct may be considered sexual harassment, depending on whether a reasonable member of the harassed employee's sex would find it objectionable, or depending on the context in which the 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); Page 3 • 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 with any person outside the context of the work environment; or • Horseplay of a sexual nature. 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: 1. 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. Complaint Investigation: The Personnel Director, City Administrator or the City Council will authorize investigation of the complaint. Factual information shall be collected and reviewed to determine whether the alleged conduct constitutes sexual harassment, giving consideration to the record as a whole and the totality of circumstances, including the nature of the harassment and the N3 Page 4 context in which the alleged incidents occurred. Management staff then will take or authorize appropriate 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 in the 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 of the harassed employee, the time limits for filing a formal grievance should begin as of the date of notification of action taken by the Department Head. Waiver of Informal Step: Depending on circumstances of the 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 Code, and regulatory guidelines of the Equal Employment Opportunity Commission, and of the California Fair Page 5 Employment and Housing Commission. Employees should understand that the City considers violations of this Policy to be serious matters and that, although disciplinary action will be calculated to end harassment, there is no guarantee that progressive discipline will be used; employees may be terminated for violations of the Policy. The Policy is not intended, in any way, to alter the at -will employment relationship that exists between the City of Vernon and its employees. Consistent with said at -will employment relationship, all employees may be terminated without cause. Amended SexualHarassPolicyl CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 July 20, 2000 City Council City of Vernon Honorable Members: 0 U DO OLIVO ity Attorney AX: (562) 927-8722 KEVIN WILSON ctor of Community Services & Water FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 Submitted herewith for your review is the City of Vernon Sexual Harassment Policy, amended to include "horseplay of a sexual nature" as an example of unacceptable conduct. It is hereby recommended that the amendment to the Sexual Harassment Policy be accepted and approved. Very truly yours, Bruce V. Malkenhorst Director of Personnel BVM/gst • 4 �'� Aye MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator FROM: Joan Francone, Risk Manager/Personnel Assistant DATE: July 13, 2000 SUBJECT: SEXUAL HARASSMENT/HARASSMENT POLICY For your review and approval I have updated the City's Sexual Harassment Policy to include "horseplay of a sexual nature" as an example of unacceptable conduct. As an alternate suggestion you may want to consider eliminating the Sexual Harassment Policy and drafting a Harassment Policy instead. The Harassment Policy would include harassment based on race, religion, sex, national origin, ancestry, disability, medical condition, marital status, age or sexual orientation. See attached. Highlighted areas indicate changes to the Sexual Harassment Policy. Case law suggests a growing trend in this area primarily due to cultural diversity. JF/ca — Enclosure C� K� aou �d a . i CITY OF VERNON SEXUAL HARASSMENT POLICY To prohibit sexual harassment by employees of the City of Vernon, and to notify all employees what conduct is prohibited and how to resolve any instances of sexual harassment. POLICY: Sexual harassment of an applicant or employee by a supervisor, management employee or co-worker will not be tolerated. Employees of the City of Vernon will not engage in sexual harassment, and they will report any sexual harassment, whether directed at them or at someone else, to Department Heads or the Personnel Officer. Supervisors will enforce this policy within their work units. Disciplinary action, up to and including termination, will be 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's sex would find it objectionable, or depending on the context Page 2 in which the 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 with any person outside the context of t e work environment. EVANCE Jr IL U.3 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: Page 3 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: 1. 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. D=Wment Heads and Personnel Officer: City management staff will authorize investigation of the complaint and review factual information collected to determine whether the alleged conduct constitutes sexual harassment, giving consideration to the record 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 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. r • . Page 4 Extension of Time Requirements: Time limits specified in the 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 of the harassed employee, the time limits for filing a formal grievance should begin as of the date of notification of action taken by the Department Head. Waiver of Informal Step: -Depending on circumstances of the 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 Code, and regulatory guidelines of the Equal Employment Opportunity Commission, and of the California Fair Employment and Housing Commission. Employees should understand that the City considers violations of this Policy to be serious matters and that, although disciplinary action will be calculated to end harassment, there is no guarantee that progressive discipline will be used. Employees may be terminated for violations of the Policy. Page 5 CERTIFICATE OF RECEIPT OF THE CITY OF VERNON SEXUAL HARASSMENT POLICY I, hereby certify that I have received a copy of the City of Vernon Sexual Harassment Policy. Furthermore, I have read and understand the information contained therein. Date Employee Name Employee Signature Page 1 CITY OF VERNON HARASSMENT POLICY To prohibit harassment by employees of the City of Vernon, and to notify all employees what conduct is prohibited and how to resolve any instances of harassment. POLICY: Irassment of an applicant or employee by a supervisor, management employee or co- worker on the basis of race, religion, sex, national origin, ancestry, disability, medical condition, marital status, age or sexual orientation will not be tolerated. Employees of the City of Vernon will not engage in harassment, and they will report any harassment, whether directed at them or at someone else, to Department Heads or the Personnel Officer. Supervisors will enforce this policy within their work units. Disciplinary action, up to and including termination, will be instituted for behavior described in the following definition of harassment. DEFINITION: Harassment includes, but is not limited to: Speech, such as epithets, derogatory comments or slurs, and lewd propositioning on the basis of race, sex, religion, national origin, ancestry, disability, medical condition, marital status, age or sexual orientation. This might include inappropriate sex -oriented comments on appearance, including dress or. physical features or race -oriented stories and jokes. Physical acts, such as assault, impeding or blocking movement, offensive touching or any physical interference with normal work or movement when directed at an individual on the basis e Page 2 of race, sex, religion, national origin, ancestry, disability, medical condition, marital status, age or sexual orientation. This includes pinching, grabbing, patting, propositioning, leering or making explicit or implied job threats or promises in return for submission to physical acts. Visual insults, such as derogatory posters, cartoons or drawings related to race, sex, religion, national origin, ancestry, disability, medical condition, marital status, age or sexual orientation. Unwanted sexual advances, requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual's work performance or create an intimidating, hostile or offensive working environment. PRE -GRIEVANCE PROCESS: An employee who has been 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 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 harassment complaints. Functions of this office will include, but not be limited to: 1. 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. Page 3 Department Heads and Personnel Officer: City management staff will authorize investigation of the complaint and review factual information collected to determine whether the alleged conduct constitutes harassment, giving consideration to the record 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 action. Con dentiality: 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 harassment if such complaint is not resolved in the pre -grievance process. Extension of Time Requirements: Time limits specified in the formal grievance procedures may be extended if pre -grievance procedures for a 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 of the harassed employee, the time limits for filing a formal grievance should begin as of the date of notification of action taken by the Department Head. Waiver of Informal Step: Depending on circumstances of the 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. Page 4 PLEASE NOTE: Harassment, as defined above, violates Title VII of the Civil Rights Act of 1964, the California Government Code, and regulatory guidelines of the Equal Employment Opportunity Commission, and of the California Fair Employment and Housing Commission. Employees should understand that the City considers violations of this Policy to be serious matters and that, although disciplinary action will be calculated to end harassment, there is no guarantee that progressive discipline will be used. Employees may be terminated for violations of the Policy.