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RESOLUTION NO.
94-357
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CONTAINING THEIR FINDINGS WITH REGARD TO
ISSUES OF SEXUAL HARASSMENT IN THE WORKPLACE,
AND ESTABLISHING PROGRAMS, POLICIES AND
ACTIONS TO ADDRESS SUCH ISSUES
WHEREAS, the City of San Bernardino has from time to
time received verbal and written notice of possible sexual
harassment in the workplace; and
WHEREAS, the Mayor and Council recognize the City's
legal and moral responsibility to provide a healthy,
comfortable workplace free from sexual harassment and
retaliation; and
WHEREAS, legal responsibilities aside, the City of
San Bernardino benefits from the increased productivity,
higher employee morale and decreased employee turnover that
resul ts from a work environment that is free from sexual
harassment; and
WHEREAS, failure to address sexual harassment in the
workplace may result in substantial cost and financial
liability for the City of San Bernardino.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD
TO ISSUES OF SEXUAL HARASSMENT IN THE WORKPLACE, AND
ESTABLISHING PROGRAMS, POLICIES AND ACTIONS TO ADDRESS SUCH
ISSUES
SECTION 1.
Findinqs.
That the quality and effectiveness of the City I s
work-force will be enhanced, and costs to the City will be
reduced, by the existence of effective policies and training
programs designed to address sexual harassment in the
workplace.
SECTION 2. Preventative Measures Directed bv the Mavor and
Council. The Mayor and Council wish to provide general
direction
in order to avoid sexual harassment in the
workplace in the future. These actions shall be accomplished
within (90) days of the adoption of this resolution.
a.
Prepare an amendment to the City's Policy
Statement on Sexual Discrimination and Harassment for
submission to the Mayor and council which would:
1.
Prohibit
sexual
harassment
and
discrimination by an elected official;
2.
State that an employee can complain to the
employee's supervisor, or the Affirmative Action Office, about
an elected official;
3.
State that employees will not be
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD
TO ISSUES OF SEXUAL HARASSMENT IN THE WORKPLACE, AND
ESTABLISHING PROGRAMS, POLICIES AND ACTIONS TO ADDRESS SUCH
ISSUES
retaliated against for filing a
sexual harassment claim
against an elected official.
b.
Prepare an amendment to the ci ty I s Policy
Statement on Sexual Discrimination and Harassment for
submission to the Mayor and Council which would clearly state
that the City will promptly investigate, and put an end to,
any acts of sexual harassment that it knows or has reason to
know of.
c.
Prepare for implementation an intensive and
thorough sexual harassment training program for all employees
at every level of responsibility in the city.
Elected
officials, including the Mayor and Common Council Members, and
top management employees shall all be included in the training
program.
The training program shall be designed to help
employees recognize conduct which can create a hostile and
abusive work environment, and educate employees that sexual
harassment in the workplace is illegal.
In addition to
providing information concerning the legal aspects of sexual
harassment, the training should help employees recognize and
eliminate offensive gender-based vocabulary and behavior from
the workplace.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD
TO ISSUES OF SEXUAL HARASSMENT IN THE WORKPLACE, AND
ESTABLISHING PROGRAMS, POLICIES AND ACTIONS TO ADDRESS SUCH
ISSUES
The training should also give employees a clear
understanding that retaliation against an employee who has
complained of sexual harassment is also a violation of state
and federal employment discrimination laws, as well as city
policies. Employees should be able to identify what type of
conduct constitutes retaliation.
d.
The Mayor shall develop and disseminate a plan
to affirmatively and periodically raise the issue of sexual
harassment with all employees during the 1995 and 1996
calendar years.
The plan will ensure that the City:
continues to express its strong disapproval of sexual
harassment; explains the sanctions for harassment; and reminds
employees of the procedures for resolving complaints. Several
times a year, the issue of sexual harassment should be
addressed both verbally in staff meetings and in written
communication to all employees.
Copies of the city's Policy Statement on Sexual
Discrimination and Harassment should be conspicuously posted
at all worksites, and copies should be distributed to each
employee at least annually. The Policy should be highlighted
for all new employees as well.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD
TO ISSUES OF SEXUAL HARASSMENT IN THE WORKPLACE, AND
ESTABLISHING PROGRAMS, POLICES AND ACTIONS TO ADDRESS SUCH
ISSUES
SECTION 3.
The findings and determinations herein shall be
final and conclusive. This resolution shall take effect upon
7 the date of its adoption.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD
TO ISSUES OF SEXUAL HARASSMENT IN THE WORKPLACE, AND
ESTABLISHING PROGRAMS, POLICIES AND ACTIONS TO ADDRESS SUCH
ISSUES
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
reqular
meeting thereof, held on the
21st
day of November
, 1994, by the following vote, to
wit:
COUNCIL MEMBERS:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
~C1~
The foregoing resolution is hereby approved this 22nd
day of November , 1994
// "~
/L~ P' 0/
Tom Mino , Mayor
city of San Bernardino
Approved as to form
and legal content:
Special Counsel to the city,
Kay & Stevens
BY:
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