HomeMy WebLinkAbout27-Council Office
CITY OF SAN BERNARDINO . REQUEST FOR COUNCIL ACTION
From:
Councilman Gordon McGinnis
Chairman, Personnel Committee
Subject:
Resolution of the City of San
Bernardino Adopting an Updated
Non -discrimination/Workplace
Harassment Policy & Repealing
Resolution No. 95-154
Dept.
Council Office
Date: January 12, 2006
MCC Date: January 23, 2006
ORIGINAL
Synopsis of Previous Council Action:
Recommended Motion:
Adopt Resolution
~/(&
Signature
Contact Person: Councilman Gordon McGinnis
Phone:
5333
Supporting Data Attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.1
(Acct. DescriDtion1
Finance:
Council Notes: ~. er ,;;! Deb' J., f?
Agenda Item No. ~ 7
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CITY OF SAN BERNARDINO . REQUEST FOR COUNCIL ACTION
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STAFF REPORT
RESOLUTION OF THE CITY OF SAIl BERNARDINO ADOPTING AN
UPDATED 1f0N-DISCRDIIBATlOR'WORKPLACE IL\RASSIlERT
POLICY II REPEALING RESOLUTOR RO. 95-154
The current City policy on harassment/ sexual harassment is outdated.
Therefore, to update the City's policy, it is recommended that the proposed
Resolution of the City of San Bernardino adopting an updated non-
discrimination/workplace harassment policy and repealing Resolution No.
95-154 be adopted.
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Resolution No.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AN UPDATE
NON-DISCRIMINA TIONIWORKPLACE HARASSMENT POLICY FOR SAID CITY
REPEALING RESOLUTION NO. 95-154.
WHEREAS, the City of San Bernardino has been and continues to be finnly committe
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to providing employees with a work environment free from discrimination and harassment on th
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basis of sex, race, age, color, religion, national origin, physical disability, marital status, religiou
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creed, ancestry, mental disability, medical condition, sexual orientation, pregnancy, childbirth ()
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related medical conditions of any female employee or any other classification protected by law'
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and,
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WHEREAS, the City desires to adopt and implement a non-discriminationlworkplac
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harassment policy which is contained in one comprehensive document;
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMO
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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1:;
SECTION 1. That the City of San Bernardino Policy on Non-DiscriminationIWorkplac
16 Harassment, marked Exhibit 'A' and attached hereto and incorporated herein by reference, i
17 hereby approved and adopted.
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19 /II
-20 III
21 III
22 /II
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/II
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III
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SECTION 2. Resolution No. 95-154 is hereby repealed.
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RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AN UPDATE
NON-DISCRIMINA TIONIWORKPLACE HARASSMENT POLICY FOR SAID CITY
REPEALING RESOLUTION NO. 95- 154.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Commo
Council of the City of San Bernardino at a meeting thereof, held on th
day of , 2005, by the following vote, to wit:
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5
6 COUNCILMEMBERS:
7 ESTRADA
LONGVILLE
MC GINNIS
9 DERRY
10 KELLEY
11 JOHNSON
MC CAMMACK
AYES
NAYES
ABSTAIN ABSENT
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. 12
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Rachel G. Clark, City Clerk
15
,
The foregoing resolution IS hereby approved this
,2005.
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17
Judith Valles, Mayor
City of San Bernardino
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Approved as to form and
19 Legal content:
20 JAMESF.PENMAN,
City Attorney
21
HR/Agenda Items:Reso.Harassment.Polic
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CITY OF SAN BERNARDINO
POLICY ON
NON-DISCRIMINA TION/WORKPLACE HARASSMENT
I. PURPOSE:
Discrimination and workplace harassment, including sexual harassment, in e~ployment
is a violation of State and Federal law as well as a violation of a person's privacy and
dignity. It can cause emotional, physical and economic damage to its victims. It
undermines the integrity of the employment relationship. It can result in economic loss to
the employer and employee, excessive absenteeism and turnover, loss of morale,
polarization of staff, sabotaged work, a decrease in management credibility and a
decrease in productivity. The purpose ofthis policy is to confirm the City of San
Bernardino's commitment to maintain a work environment free from unlawful
discrimination and/or harassment/sexual harassment for all current and prospective City
employees.
This Policy:
· Defines discrimination, harassment, and retaliation under this policy;
· Confirms the City's commitment to prohibit and prevent unlawful
discrimination, harassment/sexual harassment, and retaliation in employment;
· Provides a City complaint and investigation procedure to resolve complaints
of alleged discrimination, harassment/sexual harassment, and retaliation in
violation of law or this policy.
II. POLICY:
It is the policy of the City of San Bernardino to provide all current and prospective
employees a work environment free from discrimination and harassment/sexual
harassment on the basis of race, religious creed, color, national origin, ancestry, age, sex,
marital status, physical disability, mental disability, medical condition, sexual orientation,
pregnancy, childbirth or related medical conditions of any female employee, or any other
classification protected by law.
Therefore, the City of San Bernardino will not tolerate any form of discrimination,
harassment, sexual harassment, or retaliation, and expects individuals to adhere to a
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City of San Bernardino
Policy on Non-DiscriminationIWorkplace Harassment
standard of conduct that is respectful to alI persons within the work environment. This
policy is intended to alIow the City to resolve complaints of discrimination, harassment,
sexual harassment, and retaliation internalIy. It is meant to supplement, not replace, any
applicable State and Federal remedies.
The City of San Bernardino further acknowledges and understands that in order to
implement a non-discrimination!non-harassment policy of the type hereby promulgated,
it is essential that all persons who witness or experience discrimination or
harassment/sexual harassment of the type prohibited by this policy report that
discrimination or harassment immediately in order to facilitate early, effective, efficient
and impartial investigation and intervention by the City. Accordingly, any retaliation
against a person for filing a discrimination! harassment complaint, reporting
discriminationlharassment which he or she has witnessed or assisting in a
discriminationlharassment investigation is strictly prohibited.
In interpreting and implementing this policy, the constitutional rights of free speech and
association shall be accommodated in a manner consistent with applicable Federal and
State law in a manner consistent with the intent of this policy.
III. SCOPE:
This policy applies to all officers, agents, employees and elected officials of the City of
San Bernardino (collectively called "employees" herein), as well as third parties (e.g.,
vendors, contractors, members of the public) regularly entering the ~ork environment.
N. DEFINITION:
A. Discrimination as used in this policy is defined to include, but is not limited to:
I. Basing an employment decision as to a job applicant or employee, e.g.,
decision to hire, promote, transfer, terminate, etc. on one's protected
status, e.g., race, religious creed, color, national origin, ancestry, age, sex,
Page 2 of II
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City of San Bernardino
Policy on Non-Discrimination/Workplace Harassment
marital status, physical disability, mental disability, medical condition,
sexual orientation, or any other classification protected by law.
2. Treating an applicant or employee differently with regard to any aspect of
employment because ofhislher protected status.
3. Engaging in harassment/sexual harassment as more specifically defined
below.
B. Harassment includes the following when based upon race, religious creed, color,
national origin, ancestry, age, sex, marital status, physical disability, mental
disability, medical condition, sexual orientation or any other classification
protected by law:
I. Verbal harassment, e.g., epithets, derogatory comments, lewd
propositioning, sexual remarks, or slurs;
2. Physical harassment, e.g., assault, unwelcome, unconsented or offensive
touching, impeding or blocking movement, or any physical interference
with normal work or movement; and,
3. Visual harassment, e.g., leers, gestures, or derogatory posters, cartoons or'
drawings.
4. Unwanted sexual advances, even if the complainant is not the target of the
sexual advances, but believes that engaging in sexual conduct or
solicitations is a prerequisite to fair treatment.
5. For the pwpose of this policy, harassment also specifically includes sexual
harassment, as defined below.
C. Sexual Harassment includes unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature when:
I. Submission to such conduct is made either explicitly or implicitly as a
term or condition of an individual's employment;
2. Submission to or rejection of such conduct by an individual is used as a
basis for employment decisions affecting the individual; or,
Page 3 of II
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City of San Bernardino
Policy on Non-DiscriminationIWorkplace Harassment
3. Such conduct has the purpose or effect of substantially interfering with an
individual's work performance or creating an intimidating, hostile or
otherwise offensive working environment.
4. For the purpose of further clarification, sexual harassment includes, but is
not limited to:
a. Making unsolicited written, verbal, physical or visual contact with
sexual overtones, physical contact or blocking movement. (Written
examples: suggestive or obscene letters, notes, invitations. Visual
examples: leering, gestures, display of sexually suggestive objects
or pictures, cartoons or postcards. Physical examples: touching in a
sexually suggestive manner, touching of the private parts of
another for sexual gratification, pinching, grabbing, patting,
propositioning or leering.)
b. Continuing to express sexual interest repeated offensive sexual
flirtations, advances, or propositions after being informed that the
interest is unwelcome. (Reciprocal attraction is not considered
sexual harassment.)
c. Making reprisals, threats of reprisal, or implied threats of reprisal
following a negative response. For example, either implying or
actually withholding support for an appointment, promotion, or
change of assignment; suggesting jl poor performance report will
be prepared, or suggesting probation will be failed.
d. Engaging in implicit or explicit coercive sexual behavior, which is
used to control, influence, or affect the career, salary or work
environment of another employee. Sexual harassment does not
refer to occasional compliments of a socially acceptable nature.
e. Offering favors or employment benefits, such as promotions,
favorable performance evaluations, favorable assigned duties or
shifts, recommendations, reclassifications, etc., in exchange for
sexual favors.
Page 4 of 11
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Policy on Non-DiscriminationIWorkplace Harassment
f. When employment benefits are granted because of sexual favor,
other qualified persons who are denied the benefits may be
considered to be victims of sexual harassment.
g. Widespread sexual favoritism that is severe or pervasive enough to
alter the complainant's working conditions and create a hostile
work environment.
h. A finding of sexual harassment may be made even though the
conduct occurs outside of the workplace.
D. Retaliation as used in this policy prohibits retaliation against a person who files a
discrimination or harassment/sexual harassment complaint, reports discrimination
or harassment/sexual harassment or assists in a discrimination or harassment/
sexual harassment investigation. Retaliation includes threats, intimidation,
reprisals, and/or adverse actions related to employment.
V. PENALTY GUIDELINES:
The City of San Bernardino will undertake all appropriate necessary actions against any
employee found to be in violation of this policy to prevent further discrimination,
harassment, including sexual haraSsment, and retaliation. Appropriate necessary action
may include corrective action (e.g., counseling and/or training) and/or punitive action up
to and including termination from employment. Employees found to be retaliating against
another employee for filing a discrimination charge, a harassment/sexual harassment
charge or making a discrimination and/or harassment/sexual harassment complaint shall
be subject to disciplinary action up to and including termination.
In the case of elected officials, disciplinary actions are limited to private or public
censure, unless otherwise permitted by Charter.
In the case of a citizen, contractor or vendor the City shall take such actions to prevent
further discrimination or harassment/sexual harassment as may be within it's power.
Page 5 of II
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City of San Bernardino
Policy on Non-DiscriminationIWorkplace Harassment
Any manager, supervisor, or designated employee responsible for reporting or responding
to discrimination, harassment, sexual harassment, and/or retaliation who knew about the
discrimination, harassment, sexual harassment and/or retaliation and took no action to
stop it or failed to report the aforesaid prohibited conduct also may be subject to
disciplinary action.
VI. DUTIES:
A. City Resoonsibility:
The City shall take prompt, appropriate action to avoid or minimize
discrimination, harassment/sexual harassment, retaliation, and liability to the City.
The City will pursue every possible preventative measure to insure employees are
not subject to discrimination, harassment/sexual harassment, and retaliation; will
investigate all complaints of discrimination, harassment/sexual harassment,
retaliation, and all instances which it has good cause to believe to have occurred;
and will take appropriate disciplinary action against any employee(s) found to be
in violation of this policy.
B. Director of Human Resources/City's EEO Officer:
The Director of Human Resources and/or the City's EEO Officer shall be
responsible for:
1. Insuring that this policy and complaint procedures are disseminated to all
employees.
2. Providing training and assistance to department heads, supervisors and
employees in preventing and addressing discrimination, harassment,.'~~xual
harassment, and retaliation.
3. Investigating, resolving and making findings and recommendations on
complaints of unlawful discrimination, harassment/sexual harassment, and
retaliation.
C.Deoartment Heads
Department heads shall be responsible for:
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Policy on Non-DiscriminationIWorkplace Harassment
I. Assisting the City's EEO Officer and/or Director of Human Resources by
disseminating this policy and ensuring that the workplace remains free of
discrimination, harassment/sexual harassment, and/or retaliation.
2. Coordinating and cooperating with the City's EEO Officer and/or Director
of Human Resources in resolving complaints involving employees in their
respective departments; and, when discrimination, harassment/sexual
harassment, and/or retaliation has occurred, taking:
· Prompt and appropriate remedial action against the
perpetratorlharasser.
· Reasonable steps to protect the complainant from further
discrimination, harassment/sexual harassment, and/or retaliation.
· Action to remedy the effects of discrimination, harassment/sexual
harassment, and/or retaliation.
D. EmDloyees
Employees shall cooperate fully with all investigations of discrimination,
harassment/sexual harassment, and retaliation; implementation of remedial
measures; and shall not retaliate against complainants or witnesses.
VII. COMPLAINT PROCEDURE:
A. Any employee who believes that he/she has been discriminated against,
harassed/sexually harassed, retaliated against, or has the reason to believe that
someone else has been the subject of discrimination, harassment/sexual
harassment, and/or retaliation has the obligation to notify the employee's
supervisor or department head, the Human Resources Director, or the City Equal
Employment Opportunity (City'!,EEO) Officer. (Any applicant who believes
he/she has been discriminated against and/or harassed/sexually harassed may file
with the City's EEO Officer or Human Resources Director.)
B. The City's EEO Officer and/or the Human Resources Director shaIl be
responsible for ensuring that all complaints of harassment/sexual harassment,
discrimination, and retaliation are investigated thoroughly and are responded to in
a timely fashion and arranging for periodic training for employees.
Page 7 of 11
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City of San Bernardino
Policy on Non-DiscriminationIWorkplace Harassment
C. The City's EEO Officer and Human Resources Director shall perform hislher
duties in a fair, impartial, and objective manner. Any person who attempts to
influence the City's EEO Officer and/or Human Resources Director by means of
any threat, intimidation, persuasion, or assurance of any pecuniary or other
advantage, may be subject to prosecution and/or penalties as provided herein.
D. ,Upon the filing of a written complaint (see attached forms) or at such time as the
City's EEO Officer and/or Human Resources Director has good cause to believe
that discrimination, harassment/sexual harassment, and/or retaliation has
occurred, the City's EEO Officer and/or Human Resources Director shall
promptly and confidentially investigate the matter and keep the complaint
confidential to the extent practicable within the context of the investigation.
E. The City's EEO Officer and/or the Human Resources Director shall provide the
respondent an opportunity for an informal resolution of the matter, and shall
notify the complainant of the proposed disposition of his/her complaint by the
informal adjustment procedure.
F. The complainant and respondent shall abide by the terms of any settlement they
agree to at any time in the process. In all other respects, the recommendations of
the City's EEO Officer and/or the Human Resources Director shall be advisory
only.
VIII. LIABILITY FOR SEXUAL HARASSMENT
Any employee who engages in unlawful sexual harassment or retaliation, including any
Supervisor or Manager who knew about the sexual harassment and took no action to stop
--, it, may be held personally liable for monetary damages.
IX. EMPLOYEE RIGHTS AND RESPONSffiILITIES
A. ComDlainants:
Any employee who believes he or she has been discriminated against,
harassed/sexually harassed, and/or retaliated against has the responsibility to take
immediate action to assure that the situation does not persist.
Page 8 of II
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City of San Bernardino
Policy on Non-DiscriminationIWorkplace Harassment
Employees have the following rights:
I. The right to work in an environment free of discrimination,
harassment/sexual harassment and/or retaliation.
2. The right to an informal hearing by the City's EEO Officer or Human
Resources Director.
3. The right to a full, impartial and prompt investigation through the City's
EEO Office or Human Resources Department including the right to
produce witnesses and to have them interviewed.
4. The right to be represented by legal counselor other representatives, at
hisJher own cost, at all stages.
5. The right to a timely decision after full consideration of all relevant facts
and circumstances.
6. The right to be advised of the results of the City's EEO Officer's or
Human Resources Director's investigation and conclusions. (If discipline
is imposed, the specific terms of the discipline will not be communicated
to the complainant.)
7. The right to be free from retaliation for filing a complaint or otherwise
participating in an investigation of discrimination, harassment/sexual
harassment and/or retaliation.
Employees may also file complaints of discrimination, harassment/sexual
harassment, and/or retaliation with the following State and Federal Offices:
Department of Fair Employment
& Housing (DFEH)
Los Angeles Housing District
6II West 6th Street, Suite 1500
Los Angeles, CA 90017
Phone: 800-233-3212
Equal Employment
Opportunity Commission (EEOC)
Roybal Federal Building
255 East Temp-Ie Street, 4th Floor
Los Angeles, CA 90012
Phone: 213-894-1000
B. Respondent:
Any employee who has been accused of discrimination, harassment/sexual
harassment, and/or retaliation ("Respondent") has a responsibility to cooperate
Page 9 of II
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City of San Bernardino
Policy on Non-DiscriminationIWorkplace Harassment
with the investigation by the EEO Officer and/or Human Resources Director and
also has the following rights:
I. The right to an attempt at an informal resolution of the complaint with the
City's EEO Officer and/or Human Resources Director prior to the
institution of any formal process.
2. The right to be represented by legal counselor other representative, at
his/her own cost, at all stages of the proceedings.
C. It shall be the responsibility of any supervisor or other employee to whom alleged
discrimination, harassment/sexual harassment, and/or retaliation has been
reported to maintain such report as a matter of strict confidence. Such report may
be discussed only with the EEO Officer and/or Human Resources Director prior
to the investigation.
A complaint of discrimination or harassment/sexual harassment, and/or retaliation
is to be considered and treated as any other confidential record of the complaining
and responding employees.
Copies of this policy shall be distributed to all employees and elected officials.
Page 10 of 11
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City of San Bernardino
Policy on Non-Discrimination/Workplace Harassment
ACKNOWLEDGMENT OF MANDATORY COMPLIANCE WITH
CITY OF SAN BERNARDINO POLICY ON
NON-DlSCRlMINA T10N/WORKPLACE HARASSMENT/SEXUAL HARASSMENT
I hereby acknowledge receipt of the City of San Bernardino Policy on Non-Discrimination!
Workplace Harassment/Sexual Harassment. I understand that compliance with this policy is
mandatory and violation of this policy may result in discipline up to and including termination.
DATE
Employee Signature
Employee Name (Print)
HRlMiscellaneous:Policy.Harassment-Sexual Harassment
Page 11 of 11
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CITY OF SAN BERNARDINO
COMPLAINT OF DISCRIMINATION
(Please Print or Type)
2.
1. Name:
Address:
City: State:
Are you currently employed by the City of San Bernardino?
Department: Job Title:
Zip:
Yes 0 No 0
3. City Employee/Agent you believe discriminated against you:
Name:
DepartmentlDivision the individual is employed within:
Address: City: State:
4. What is the basis on which you believe you were discriminated? Race: 0 Sex 0
Marital Status 0 Age 0 Physical Disability 0 Mental Disability 0
Medical Condition 0 Race 0 Religious Creed 0 Color 0 National Origin 0
Ancestry 0 Sexual Orientation 0 Other 0
5. Date?r period the alleged discrimination occurred:
6. Did the discrimination occur while on duty? Yes 0 No 0 If yes, where did it occur?_
7. Have you discussed the discrimination with your Supervisor? Yes 0 No 0
8. Provide a detailed description of the discrimination (attach additional pages, if necessary):
9. - What corrective action do you want taken on your behalf in the resolution of this complaint
(attach additional pages, if necessary):
Signature:
Date:
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CITY OF SAN BERNARDINO
COMPLAINT OF HARASSMENT/SEXUAL HARASSMENT
Your Full Name:
Address:
City:
Home Phone:
Your Job Title:
Name of Alleged Harasser:
Form of Harassment (circle one): Race: D
Physical Disability D Mental Disability D
Color D National Origin D Ancestry D
Date of Occurrence:
Have you discussed the harassment with your Supervisor? Yes D No D
State:
Zip:
Work Phone:
Dept:
Dept:
Sex D Marital Status D Age D
Medical Condition D Religious Creed 0
Sexual Orientation D Other D
Description of harassment (attach additional pages, if necessary):
What corrective action do you want taken on your behalf regarding this complaint?
Signature:
Date:
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
LINN LIVINGSTON
Subject: RE~OLUTION OF THE CITY
OF SAN BERNARDINO ADOPTING
AN UPDATED NON.olSCRJMINAnONl
WORKPLACE HARASSMENT POLICY
& REPEALING RESOLUTION NO. 95-
154
MlCC Meeting Date,: October 3, 2005
Dept:
HUMAN RESOURCES
SEPTEMBER 19, 2005
Date:
Synopsis of Previous Council Action:
On May 9, 1995, the Mayor and Common Council adopted Resolution No. 95-154. a
Resolution of the City of San Bernardino adopting an updated Harassment/Sexual
Harassment Policy for said City, and repealing Resolution Nos. 81-641 and 91-330.
Recommended Motion:
Adopt Resolution.
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[/ Signature.
Contact person:
Linn Livinaston
Phone:
384-5161
Supporting data attached:
Ward:
Yes
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item NO.~ i -~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Sub led:
Resolution of the City of San Bernardino adopting an updated Non-DiscriminationIW orkplace
Harassment Policy and repealing Resolution No. 95-154.
Back2round:
The previous City Policy on Harassment/Sexual Harassment was last updated in 1995. Since that
time, numerous legal mandates have occurred that now makes this policy outdated. Therefore,
the Human Resources Department, Mayor's, and City Attorney's Offices have worked together
to revise and update the policy. The discrimination and harassment policies have been combined
into one complete Non-DiscriminationIWorkpIace Harassment Policy for a more comprehensive
policy.
The purpose of the policy is to confirm the City of San Bernardino's commitment to maintain a
work environment free from unlawful discrimination and/or harassment/sexual harassment for all
current and prospective employees and provide a complaint procedure to resolve complaints of
this nature.
The updating of this policy is especially important at this time due to the mandates of AB 1825 .
which requires that by January I, 2006, employers with 50 or more employees must provide two
hours of sexual harassment awareness training and education to all supervisory employees. After
January 1,2006, the sexual harassment awareness training and education must be provided to
each supervisory employee once every two years and new supervisors must receive the training
within six months of assuming a supervisory position. The City is currently in the process of
providing this training to our supervisors and managers and is in need of providing an updated
policy to our employees to support this training.
Financial ImDact:
There is no fmancial impaCt to update the policy.
Recommendation:
Adopt Resolution.
HR/ Agenda ltems:SR.HarassmentPolic:y
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Resolution No.
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RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AN UPDATE
3 NON-DISCRIMlNA nONIWORKPLACE HARASSMENT POLICY FOR SAID CITY AN
REPEALING RESOLUTION NO. 95-154.
WHEREAS, the City of San Bernardino has been and continues to be firmly committe
4
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to providing employees with a work environment free from discrimination and harassment on th
6
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basis of sex, race, age, color, religion, national origin, physical disability, marital status, religiou
creed, ancestry, mental disability, medical condition, sexual orientation, pregnancy, childbirth 0
8
related medical conditions of any female employee or any other classification protected by law
9
10 and,
11 WHEREAS, the City desires to adopt and implement a non-discriminationlworkplac
1~
SECTION 1. That the City of San Bernardino Policy on Non-DiscriminationIWorkplac
12 harassment policy which is contained in one comprehensive document;
o
13 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMO
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
14
16 Harassment, marked Exhibit 'A' and attached hereto and incorporated herein by reference, i
17 hereby approved and adopted.
18
19 /II
20 /II
21 III
22 /II
23
/II
24
/II
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SECTION 2. Resolution No. 95-154 is hereby repealed.
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RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AN UPDATEr
NON.DISCRlMlNA TIONIWORKPLACE HARASSMENT POLICY FOR SAID CITY ANI
2 REPEALING RESOLUTION NO. 95-154.
3
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Commor
4 Council of the City of San Bernardino at a meeting thereof, held on tht
5 day of , 2005, by the following vote, to wit:
COUNCILMEMBERS:
ESTRADA
LONGVILLE
MC GINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
AYES
NA YES
ABSTAIN ABSENT
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
, 2005.
18 Approved as to form and
19 Legal content:
20 JAMES F. P.ENMAN,
City Attorney
21
22
23
24
25
0
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Judith Valles, Mayor
City of San Bernardino
HRI Agenda Items:Reso.HarassmcntPolic
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CITY OF SAN BERNARDINO
POLICY ON
NON-DISCRIMINA TIONIWORKPLACE HARASSMEl'I'T
I.
PURPOSE:
Discrimination and workplace harassment, including sexual harassment, in employment
is a violation of State and Federal law as well as a violation ofa person's privacy and
dignity. It can cause emotional, physical and economic damage to its victims. It
undennines the integrity of the employment relationship. It can result in economic loss to
the employer and employee, excessive absenteeism and turnover, loss of morale,
polarization of staff, sabotaged work, a decrease in management credibility and a
decrease in productivity. The purpose of this policy is to confinn the City of San
Bernardino's commitment to maintain a work environment free from unlawful
discrimination and/or harassment/sexual harassment for all current and prospective City
employees.
.
This Policy:
. Defines discrimination, harassment, and retaliation under this policy;
. Confmns the City's commitment to prohibit and prevent unlawful
discrimination, harassment/sexual harassment, and retaliation in employment;
. Provides a City complaint and investigation procedure to resolve complaints
of alleged discrimination, harassment/sexual harassment, and retaliation in
violation of law or tbispolicy.
n.
POLICY:
It is the policy of the City of San Bernardino to provide all current and prospective
empioyees a work environment free from discrimination and harassment/sexual
harassment on the basis of race, religious creed, color, national origin, ancestry, age, sex,
marital status, physical disability, mental disability, medical condition, sexual orientation,
pregnancy, childbirth or related medical conditions of any female employee, or any other
classification protected by law.
Therefore, the City of San Bernardino will not tolerate any form of discrimination,
harassment, sexual harassment, or retaliation, and expects individuals to adhere to a
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City of San Bernardino
Policy on Non-Discrimination/Workplace Harassment
o
standard of conduct that is respectful to all persons within the work environment. This
policy is intended to allow the City to resolve complaints of discrimination, harassment,
sexual harassment, and retaliation internally. It is meant to supplement, not replace, any
applicable State and Federal remedies.
The City of San Bernardino further acknowledges and understands that in order to
implement a non-discrimination!non-harassment policy of the type hereby promulgated,
it is essential that all persons who witness or experience discrimination or
harassment/sexual harassment of the type prohibited by this policy report that
discrimination or harassment immediately in order to facilitate early, effective, efficient
and impartial investigation and intervention by the City. Accordingly, any retaliation
against a person for filing a discrimination! harassment complaint, reporting
discriminationlharassment which he or she has witnessed or assisting in a
discriminationlharassment investigation is strictly prohibited.
o In interpreting and implementing this policy, the constitutional rights of free speech and
association shall be accommodated in a manner consistent with applicable Federal and
State law in a manner consistent with the intent of this policy.
III. SCOPE:
This policy applies to all o'fficers, agents, employees and elected officials of the City of
San Bernardino (collectively called "employees" herein), as well as third parties (e.g.,
vendors. contractors, members of the public) regularly entering the work environment.
IV. DEFINmON:
A. Discrimination as used in this policy is defined to include, but is not limited to:
1. Basing an employment decision as to a job applicant or employee, e.g.,
decision to hire, promote, transfer, terminate, etc. on one's protected
status, e.g., race, religious creed, color, national origin, ancestry, age, sex,
o
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City of San Bernardino
Policy on Non-Discrimination/Workplace Harassment
B.
marital status, physical disability, mental disability, medical condition,
sexual orientation, or any other classification protected by law.
2. Treating an applicant or employee differently with regard to any aspect of
employment because ofhislher protected status.
3. Engaging in harassment/sexual harassment as more specifically defined
below.
Harassment includes the following when based upon race, religious creed, color,
national origin, ancestry, age, sex, marital status, physical disability, menta)
disability, medical condition. sexual orientation or any other classification
protected by law;
1. Verbal harassment, e.g., epithets, derogatory comments, lewd
propositioning, sexual remarks, or slurs;
2. Physical harassment,' e.g., assault, unwelcome, unconsented or offensive
touching, impeding or blocking movement, or any physical interference
with norma) work or movement; and,
3. Visual harassment, e.g., leers, gestures, or derogatory posters, cartoons or .
drawings.
4. Unwanted sexual advances, even if the complainant is not the target of the
sexual advances, but believes that engaging in sexual conduct or
solicitations is a prerequisite to fair treatment.
5. For the purpose of this policy, harassment also specifically includes sexual
harassment, as defined below.
Sexual Harassment includes unwelcome 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 as a
term or condition of an individual's employment;
2. Submission to or rejection of such conduct by an individual is used as a
basis for employment decisions affecting the individual; or,
c.
Page 3 of 11
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City of San Bernardino
Policy on Non-DiscriminationIWorkplace Harassment
3.
Such conduct has the purpose or effect of substantially interfering with an
individual's work perfonnance or creating an intimidating, hostile or
otherwise offensive working environment.
For the purpose of further clarification, sexual harassment includes, but is
not limited to:
a. Making unsolicited written, verbal, physical or visual contact with
sexual overtones, physical contact or blocking movement. (Written
examples: suggestive or obscene letters, notes, invitations. Visual
examples: leering, gestures, display of sexually suggestive objects
or pictures, cartoons or postcards. Physical examples: touching in a
sexually suggestive manner, touching of the private parts of
another for sexual gratification, pinching, grabbing, patting,
propositioning or leering.)
b. Continuing to express sexual interest repeated offensive sexual
flirtations, advances, or propositions after being informed that the
interest is unwelcome. (Reciprocal attraction is not considered
sexual harassment.)
c. Making reprisals, threats of reprisal, or implied threats of reprisal
following a negative response. For example, either implying or
actually withholding support for an appointment, promotion, or
change of assignment; suggesting at poor performance report will
be prepared, or suggesting probation will be failed.
d. Engaging in implicit or explicit coercive sexual behavior, which is
used to control. influence. or affect the career, salary or work
environment of another employee. Sexual harassment does not
refer to occasional compliments of a socially acceptable nature.
e. Offering favors or employment benefits. such as promotions,
favorable perfonnance evaluations, favorable assigned duties or
shifts, recommendations, reclassifications, etc., in exchange for
sexual favors.
4.
Page 4 ofll
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City of San Bernardino
Policy on Non-DiscriminationIWorkplace Harassment
When employment benefits are granted because of sexual favor,
other qualified persons who are denied the benefits may be
considered to be victims of sexual harassment.
Widespread sexual favoritism that is severe or pervasive enough to
alter the complainant's working conditions and create a hostile
work environment.
h. A finding of sexual harassment may be made even though the
conduct occurs outside of the workplace.
D. Retaliation as used in this policy prohibits retaliation against a person who files a
discrimination or harassment/sexual harassment complaint, reports discrimination
or harassment/sexual harassment or assists in a discrimination or harassment/
sexual harassment investigation. Retaliation includes threats, intimidation,
reprisals, and/or adverse actions related to employment.
f.
g.
V. PENALTY GUIDELINES:
The City of San Bernardino will undertake all appropriate necessary actions against any .
employee found to be in violation of this policy to prevent further discrimination,
.'
harassment, including sexual harassment, and retaliation. Appropriate necessary action
may include corrective action (e.g., counseling and/or training) and/or punitive action up
to and including termination from employment. Employees found to be retaliating against
another employee for filing a discrimination charge, a harassment/sexual harassment
charge or making a discrimination and/or harassment/sexual harassment complaint shall
be subject to disciplinary action up to and including termination.
In the case of elected officials, disciplinary actions are limited to private or public
censure, unless otherwise pennitted by Charter.
In the case of a citizen, contractor or vendor the City shall take such actions to prevent
further discrimination or harassment/sexual harassment as may be within it's power.
Page S.of 11
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City of San Bernardino
Policy on Non-Discrimination/Workplace Harassment
Any manager, supervisor, or designated employee responsible for reporting or responding
to discrimination, harassment, sexual harassment, and/or retaliation who knew about the
discrimination, harassment, sexual harassment and/or retaliation and took no action to
stop it or failed to report the aforesaid prohibited conduct also may be subjecno
disciplinary action.
VI. DUTIES:
A. City Resoonsibilitv:
The City shall take prompt, appropriate action to avoid or minimize
discrimination, harassment/sexual harassment, retaliation, and liability to the City.
The City will pursue every possible preventative measure to insure employees are
not subject to discrimination, harassment/sexual harassment, and retaliation; will
investigate all complaints of discrimination, harassment/sexual harassment,
retaliation, and all instarices which it bas good cause to believe to have occurred;
and will take appropriate disciplinary action against any employee(s) found to be
in violation of this policy.
B. Director of Human Resources/City's ~EO Officer:
The Director of Human Resources and/or the City's EEO Officer shall be
responsible for:
1. Insuring that this policy and complaint procedures are disseminated to all
employees.
2. Providing training and assistance to department heads, supervisors and
employees in preventing and addressing discrimination, harassment/sexual
harassment, and retaliation.
3. Investigating, resolving and making findings and recommendations on
complaints of unlawful discrimination, harassment/sexual harassment, and
retaliation.
C. 'Department Heads
Department heads shall be responsible for:
Page 6 of 11
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City of San Bernardino
Policy on Non-DiscriminationIWorkplace Harassment
o
D.
Assisting the City's EEO Officer andlor Director of Human Resources by
disseminating this policy and ensuring that the workplace remains free of
discrimination, harassment/sexual harassment, and/or retaliation.
2. Coordinating and cooperating with the City's EEO Officer and/or Director
of Human Resources in resolving complaints involving employees in their
respective departments; and, when discrimination, harassment/sexual
harassment, and/or retaliation has occurred, taking:
. Prompt and appropriate remedial action against the
perpetrator/harasser.
. Reasonable steps to protect the complainant from further
discrimination, harassment/sexual harassment, and/or retaliation.
. Action to remedy the effects of discrimination, harassment/sexual
harassment, and/or retaliation.
Emplovees
Employees shall cooperate tully with all investigations of discrimination,
harassment/sexual harassment, and retaliation; implementation of remedial
measures; and shall not retaliate against complainants or witnesses.
1.
o
VII. COMPLAINT PROCEDURE:
A. Any employee who believes that he/she has been discriminated against,
harassed/sexually harassed, retaliated against, or has the reason to believe that
someone else has been the subject of discrimination, harassment/sexual
harassment, and/or retaliation has the obligation to notify the employee's
supervisor or department head. the Human Resources Director, or the City Equal
Employment Opportunity (City's EEO) Officer. (Any applicant who believes
he/she has been discriminated against and/or harassed/sexually harassed may file
with the City's EEO Officer or Human Resources Director.)
B. The City's EEO Officer and/or the Human Resources Director shaH be
responsible for ensuring that all complaints of harassment/sexual harassment,
discrimination, and retaliation are investigated thoroughly and are responded to in
a timely fashion and arranging for periodic training for employees.
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Page 7 of 11
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City of San Bernardino
Policy on Non-Discrimination/Workplace Harassment
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F.
C.
The City's EEO Officer and Human Resources Director shall perfonn hislher
duties in a fair, impartial, and objective manner. Any person who attempts to
influence the City's EEO Officer and/or Human Resources Director by means of
any threat, intimidation, persuasion, or assurance of any pecuniary or other
advantage, may be subject to prosecution and/or penalties as provided herein.
Upon the filing of a written complaint (see attached fonns) or at such time as the
City's EEO Officer and/or Human Resources Director has good cause to believe
that discrimination, harassment/sexual harassment, and/or retaliation has
occurred, the City's EEO Officer and/or Human Resources Director shall
promptly and confidentially investigate the matter and keep the complaint
confidential to the extent practicable within the context of the investigation.
The City's EEO Officer and/or the Human Resources Director shall provide the.
respondent an opportunity for an infonnal resolution of the matter, and shall
notify the complainant of the proposed disposition ofhislher complaint by the
infonnal adjustment procedure.
The complainant and respondent shall abide by the terms of any settlement they' .
agree to at any time in the process. In an other respects, the recommendations of
the City's EEO Officer and/or the Human Resources Director shall be advisory
only.
D.
E.
vm. LIABILITY FPR SEXUAL HARASSMENT
Any employee who engages in unlawful sexual harassment or retaliation, including any
Supervisor or Manager who knew about the sexual harassment and took no action to stop
it, may be held personally liable for monetary damages.
IX. EMPLOYEE RIGHTS AND RESPONSmJLITIES
A. Complainants:
Any employee who believes he or she has been discriminated against,
harassed/sexually harassed, and/or retaliated against has the responsibility to take
immediate action to assure that the situation does not persist.
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City of San Bernardino
Policy on Non-DiscriminationIWorkplace Harassment
B.
Employees have the following rights:
1. The right to work in an environment free of discrimination,
harassment/sexual harassment and/or retaliation.
2. The right to an informal hearing by the City's EEO Officer or Human
Resources Director.
3. The right to a full, impartial and prompt investigation through the City's
EEO Office or Human Resources Department including the right to
produce witnesses and to have them interviewed.
4. The right to be represented by legal counselor other representatives, at
hislher own cost, at all stages.
5. The right to a timely decision after full consideration of all relevant facts
and circumstances.
6.
The right to be advised of the results of the City's EEO Officer's or
Human Resources Director's investigation and conclusions. (If discipline
is imposed, the specific terms of the discipline will not be communicated
to the complainant.)
The right to be free from retaliation for filing a complaint or otherwise
participating in an investigation of discrimination, harassment/sexual
harassment and/or retaliation.
7.
Employees may also file complaints of discrimination, harassment/sexual
harassment, and/or retaliation with the following State and Federal Offices:
Department of Fair Employment
& Housing (DFEH)
Los Angeles Housing District
611 West 6lh Street, Suite 1500
Los Angeles, CA 90017
Phone: 800-233-3212
Equal Employment
Opportunity Commission (EEOC)
Roybal Federal Building
255 East Temple Street, 4111 Floor
Los Angeles, CA 900 12
Phone: 213-894-1000
Resoondent:
Any emplr:'ee who has been accused of discrimination, harassment/sexual
harassment, and/or retaliation ("'Respondent") has a responsibility to cooperate
Page 9 of 11
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City of San Bernardino
Policy on Non-Discrimination/Workplace Harassment
C.
with the investigation by the EEO Officer and/or Human Resources Director and
also has the following rights:
1. The right to an attempt at an infonnal resolution of the complaint with the
City's EEO Officer and/or Human Resources Director prior to the
institution of any formal process.
2. The right to be represented by legal counselor other representative, at
hislher own cost, at all stages of the proceedings.
It shall be the responsibility of any supervisor or other employee to whom alleged
discrimination, harassment/sexual harassment, and/or retaliation has been
reported to maintain such report as a matter of strict confidence. Such report may
be discussed only with the EEO Officer and/or H\lIDan Resources Director prior
to the investigation.
A complaint of discrimination or harassment/sexual harassment, and/or retaliation
is to be considered and treated as any other confidential record of the complaining
and responding employees.
Copies of this policy sball be distributed. to all employees and elected officials.
Page 10 of 11
City of San Bernardino
Policy on Non-Discrimination/Workplace Harassment
o
ACKNOWLEDGMENT OF MANDATORY COMPLIANCE WITH
CITY OF SAN BERNARDINO POLICY ON
NON-DISCRlMINA TlON/WORKPLACE HARASSMENT/SEXUAL HARASSMENT
I hereby acknowledge receipt of the City of San Bernardino Policy on Non-Discrimination!
Workplace Harassment/Sexual Harassment. I understand that compliance with this policy is
mandatory and vioiation of this policy may result in discipline up to and including termination.
DATE
Empioyee Signature
o
Employee Name (Print)
o HRlMiscellaneous:Policy.Harassment-Sexual Harassment
Page 11 of 11
Name:
Address:
City: State:
Are you currently employed by the City of San Bernardino?
Department: Job Title:
City Employee! Agent you believe discriminated against you:
Name:
Department/Division the individual is employed within:
Address: City: State:
4. What is the basis on which you believe you were discriminated? Race: 0 Sex 0
Marital Status 0 Age 0 Physical Disability 0 Mental Disability 0
Medical Condition 0 Race 0 Religious Creed 0 Color 0 National Origin 0
Ancestry 0 Sexual Orientation 0 Other 0
S. Date ~ period the alleged discrimination occurred:
o 6.. Did the discrimination occur while on duty? Yes 0 No 0 If yes, where did it occut?_
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CITY OF SAN BERNARDINO
COMPLAINT OF DISCRIMINATION
(Please Print or Type)
1.
2.
Zip:
Yes 0 No 0
3.
7. Have you discussed the discrimination with your Supervisor'.' Yes 0 No 0
8. Provide a detailed description of the discrimination (attach additional pages, if necessary):
9. What c01TeCtive action do you want taken on your behalf in the resolution of this complaint
(attach additional pages, if necessary):
o
Signature:
Date:
CITY OF SAN BERNARDINO
COMPLAlNT OF HARASSMENT/SEXUAL HARASSMENT
o
Your Full Name:
Address:
City:
Zip:
State:
Work Phone:
Dept.:
Home Phone:
Your Job Title:
Name of Alleged Harasser: Dept.:
Form of Harassment (circle one): Race: 0 Sex 0 Marital Status 0 Age 0
Physical Disability 0 Mental Disability 0 Medical Condition 0 Religious Creed 0
Color 0 National Origin 0 Ancestry 0 Sexual Orientation 0 Other 0
Date of Occurrence:
Have you discussed the harassment with your Supervisor? Yes 0 No 0
o Description ofbarassment (attach additional pages, if necessary):
What corrective action do you want taken on your behalf regarding this complaint?
o
Signature:
Date:
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date AdOed): \ 117,Q~ Item #
Vote: Ayes Nays~7
Change to motion to amend original documents D
N u1I/V aid After: days /
Resolution # On Attachments: D
J"1
~()Q0~ PIg'
Resolution #
Abstain
Companion Resolutions
Absent
Note on Resolution of attachment stored separately: D
PUBLISH D POST D RECORD W/COUNTY D
Date Sent to Mayor: I " )'1f , 0 fc
Date of Mayor's Signature: -ll'}~, O~
Date ofClerk/CDC Signature: 1" ~ {)b
Date Memo/Letter Sent for Signature:
l;t Reminder Letter Sent:
By:
Reso. Log Updated: ~
Seal Impressed: 0' /
Reso. # on Staff Report ~
Date Retumed:
20d Reminder Letter Sent:
Not Returned: D
/
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433,10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
Animal Control
D
D/
City Attorney '/2f
Code Compliance D
t Servic,es II D
Others: 'Vr.L{>
City Administrator
Notes:
/
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Ready to File:'
Revised 12/18/03
Yes
No
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Yes
Yes
Yes
Yes
EDA D Information Services
Facilities D Parks & Recreation
Finance D Police Department
D
D
D
D
D
Fire Department D / Public Services
Human Resources ~ Water Department
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