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Home My WebLink About32-Human Resources ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: LINN LIVINGSTON Subject: RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AN UPDATED NON-DISCRIMINATIONI WORKPLACE HARASSMENT POLICY & REPEALING RESOLUTION NO. 95- 154 MICC Meeting Date: October 3, 2005 Dept: HUMAN RESOURCES Date: SEPTEMBER 19, 2005 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. ~brf,. . 'tfh SignatJJre~ Contact person: Linn Livinqston Phone: 384-5161 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Accl. No.) (Accl. Description) Finance: Council Notes: Agenda Item No. it3J \0 n}c6 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Resolution of the City of San Bernardino adopting an updated Non-Discrimination/Workplace Harassment Policy and repealing Resolution No. 95-154. Backl!:round: 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 Since that time, numerous legal mandates have occurred that now makes this policy outdated.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-Discrimination/Workplace 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 1, 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 Impact: There is no financial impact to update the policy. Recommendation: Adopt Resolution. HRJ Agenda Items: SR.Harassment.Policy 1 Resolution No. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AN UPDATE NON-DISCRIMINATION/WORKPLACE HARASSMENT POLICY FOR SAID CITY REPEALING RESOLUTION NO. 95-154. 3 4 WHEREAS, the City of San Bernardino has been and continues to be firmly committe 5 to providing employees with a work environment free from discrimination and harassment on th 6 basis of sex, race, age, color, religion, national origin, physical disability, marital status, religiou 7 8 creed, ancestry, mental disability, medical condition, sexual orientation, pregnancy, childbirth 0 9 related medical conditions of any female employee or any other classification protected by law. 10 and, 11 WHEREAS, the City desires to adopt and implement a non-discriminationlworkplac 12 harassment policy which is contained in one comprehensive document; 13 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMO COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 14 15 SECTION 1. That the City of San Bernardino Policy on Non-DiscriminationlWorkplac 16 Harassment, marked Exhibit 'A' and attached hereto and incorporated herein by reference, i 17 hereby approved and adopted. 18 SECTION 2. Resolution No. 95-154 is hereby repealed. 19 /II 20 /II 21 /II 22 /II 23 /II 24 /II -# I g I D! 3/05""" 25 -1- 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AN UPDATE NON-DISCRIMINATION/WORKPLACE HARASSMENT POLICY FOR SAID CITY REPEALING RESOLUTION NO. 95-154. 3 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: 4 5 6 AYES NA YES ABSTAIN ABSENT 8 COUNCILMEMBERS: ESTRADA LONGVILLE MC GINNIS DERRY KELLEY JOHNSON MC CAMMACK 7 9 10 11 12 13 14 Rachel G. Clark, City Clerk 15 The foregoing resolution IS hereby approved this ,2005. o 16 17 Judith Valles, Mayor City of San Bernardino 18 Approved as to form and Legal content: 19 20 JAMES F. PENMAN, City Attorney 21 HR/ Agenda Items:Reso.Harassment.Polic 22 23 24 25 -2 - CITY OF SAN BERNARDINO POLICY ON NON-DISCRIMINA nON/WORKPLACE HARASSMENT 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 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 City of San Bernardino Policy on Non-Discrimination/Workplace Harassment 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 ofthe 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 ofthe City of San Bernardino (collectively called "employees" herein), as well as third parties (e.g., vendors, contractors, members ofthe public) regularly entering the work environment. IV. DEFINITION: A. Discrimination as used in this policy is defined to include, but is not limited to: 1. Basing an employment decision as to ajob 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 ofll 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 of his /her 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: 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 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 purpose 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: 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, Page 3 of 11 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 a 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 City of San Bernardino 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 ofthe 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 11 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 Responsibility: 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/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 City of San Bernardino Policy on Non-DiscriminationIWorkplace Harassment 1. 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 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. D. Emplovees 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'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 shall 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 ofll City of San Bernardino Policy on Non-Discrimination/Workplace Harassment C. The City's EEO Officer and Human Resources Director shall perform his/her 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 RESPONSIBILITIES 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. Page 8 of 11 City of San Bernardino Policy on Non-DiscriminationIWorkplace Harassment 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 his/her 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 611 West 6th Street, Suite 1500 Los Angeles, CA 90017 Phone: 800-233-3212 Equal Employment Opportunity Commission (EEOC) Roybal Federal Building 255 East Temple 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 11 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: 1. 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 City of San Bernardino Policy on Non-Discrimination/Workplace Harassment ACKNOWLEDGMENT OF MANDATORY COMPLIANCE WITH CITY OF SAN BERNARDINO POLICY ON NON-DISCRIMINATION/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:PoJicy.Harassment-Sexual Harassment Page II of II ~tr18 if 'If' CITY OF SAN BERNARDINO COMPLAINT OF DISCRIMINA nON (Please Print or Type) 3. 1. Name: Address: City: State: Are you currently employed by the City of San Bernardino? Yes D Department: Job Title: City Employee/Agent you believe discriminated against you: Name: Zip: No D 2. Department/Division the individual is employed within: Address: City: State: 4. What is the basis on which you believe you were discriminated? Race: D Sex D Marital Status D Age D Physical Disability D Mental Disability D Medical Condition DRace D Religious Creed D Color D National Origin D Ancestry D Sexual Orientation D Other D 5. Date or period the alleged discrimination occurred: 6. Did the discrimination occur while on duty? Yes D No D If yes, where did it occur?_ 7. Have you discussed the discrimination with your Supervisor? Yes D No D 8. Provide a detailed description ofthe 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: 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 D 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: CITY OF SAN BERNARDINO OFFICE OF THE MAYOR EQUAL EMPLOYMENT OPPORTUNITY DIVISION Date: October 13, 2005 To: Honorable Mayor and Common Council IffY Wallace Green, Assistant to the Mayor/EEO Office~ ' From: Subject: Existing City of San Bernardino Policy on Harassment/Sexual Harassment Copies: City Attorney, City Administrator, Human Resources Director Attached hereto for your review for the purpose of comparison when considering Item No. 32 on the Council Agenda are the following documents: . Existing City of San Bernardino Policy on Harassment/Sexual, adopted by the Mayor and Common Council on May 15, 1995 . Complaint Form entitled "Complaint of Harassment /Sexual Harassment . Complaint Form entitled "Complaint of Discrimination in City Government . Memorandum distribution copies of the above policy to all City employees, dated May 18, 1995 . Policy of Statement of Equal Employment Opportunity, dated October 1, 1993, signed by all members of the Council . Equal Employment Opportunity Program, Dated October I, 1998, signed by the Mayor ;Co 3b ID/llPS CITy OF San Bernardino OFFICE OF THE 1I4YOA JUDITH IIAYOIl V ALL I S Eaual Emolovment Oooorrunitv Prolrram Policv Statement: The City of San Bernardino is ftrmly committed to a policy of equal employment 0pportUnir:. and non-discrimination ir. al! matters etrecting cir:; employrno;:nt. This i:ate:r:ent se:"\ es J..) at1:i:;;;..ltion or :Vf.1yor and Common Council policy and shall be applied on the basis of titness and merit without regard to race. sex. age. color. ethnicity. religion. national origin. physical disability or medical condition. marital status. political :lr'fiiiation :lnd. or beiiefs. md any other category protecto;:d by law. r: ur!no;:r. this policy shall Jpply to all pc:rsonnel actions dfecting compensation. benetits. trmst~rs. assignments. shifts. layoffs. rerurns from layoff demotions. terminations. :::lining. educatioml [ea'. e. social md recreational programs. md use of city facilities. The Cit:- \\ :it :mintain :tis polic;. with J proactive. results-oriented equal employment opPor!unit:. program..1r.d will acri\el;. strive: ro achieve realistic. meaningful andjust . objo;:ctives :n tho;: recmitrr:e:-:c Jnd retention ot".1 representative workforce at al! kvds or" er:-tp[oymem. Any employee of the City of San Bernardino who fails to comply "'-ith this policy is subject to appropriate disciplinary action. Responsibility for cfay-to-day operations and program implementation is assigned to the City's Equal Employment Opportunity Officer. As Appointing Authority. I hereby direct that this policy be implemented in accordance ""ith the City's Equal Employment OpportUnity Plan. ~~~J atureJ Mayor (title} October 1, 1998 (elateJ IItlt .0ltTH OD. IT"IIT. I..." 11"""'''01''00 C.....,~O""I... 12.". ItOll "'" ,.....". ......1...' ,......7 17 0 .~:< 10 1(~/oS- CITY OF San Bernardino OFFICE OF THE MAYOR TOM MINOR MAYOR Octo))er 1, 1993 POLICY STATEMENT OF EOUAL EMPLOYMENT OPPORTUNITY The city of San Bernardino is firmly committed to a policy of non- discrimination in all matters affecting employment with the City. This policy statement is a reaffirmation of Mayor and Common Council policy regarding Equal Opportunity a~d Affirmative ~ction. In order to add emphasis to its commitment in this regard, the City of San Bernardino reaffirms its policy of non-discrimination on the ))asis of race, sex, aqe, color, ethnicity, religion, national oriqin, physical disa))ility, marital status, political affiliation and/or ))eliefs and any other category protected ))y law. Additionally, the City adopts a policy of non-discrimination on the ))asi. of ancestry, religious creed, political affiliation or ))eUef or medical condition, except where such political affiliation or ))elief is prohi))ited ))y statute. It is the city'. intention to implement this on-qoing policy with a continued aqgressive and result-oriented Affirmative Action Program. The City of San Bernardino will actively work toward the achievement of goals which are realistic, meaningful and just. As an ultimate qoal, the City of San Bernardino is dedicated to a proqram of action, resulting in a representative work force at all levels of employment. z;; , v;. ~ "'E ard V. Hegre~st Ward -r~ f~ -- -:::3 - / - I (.,. "'7-:- F.J. Curlin M.D.-Second Ward Ward 300 NORTH '0' STREET, SAN BERNARDINO. CALIFORNIA ".'..0001 'I 0 ') S I . . . 1 S S F A 1.'1 0 I) S . . . . . . 1 C I T Y o F SAN BERNARD:rNO Mayor's Office Interoffice Memorandum To : All Department Heads, Division Heads and All City Employees From : Mayor Tom Minor SubjecT : REVISED SEXUAL HARASSMENT/HARASSMENT POLICY (RESOLUTION '5-154) Date : May 18, 1995 , Copies : Council Members Please be advised that Resolution 95-154 (Policy on Sexual Harassment/Harassment) was adopted by the Mayor and Council at the council meeting of May 15, 1995. The resolution/policy is enclosed for your perusal. This resolution will be vigorously enforced as it is the overall goal and policy of the City of San Bernardino to provide a work environment free from harassment on the basis of race, religious creed, color, national origin, ancestry, age, sex, marital status, physical disability, medical condition or any other classification protected by law and unwelcome sexual overtures, advances or coercion. This policy is applicable to all levels of the city work-force including elected officials. Please disseminate this policy throughout your organization. If there is any questions on this matter, please contact Ernie Wilson, Affirmative Action Officer at 384-5004. Thank you. /A ~ ,{U~ Tom Minor Mayor ;t;;O~ nest Wllson Affirmative Action Officer If) , , ..Y'~ ,~..Y>r' . I ;' c.v, ,. , I'~ i },.t. ..- "J\r- :.; l_: ..' /' EW/joi \ ~ r,....,0~ \' : ;~"'\i' \. .... t ", \ /9" .:~ \ '"I rj." .' " /I 1 2 3 4 5 RESOLUTION NO. 95-154 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTINr, AN UPDATED HARASSMENTISEXUAL HARASSMENT POLICY FOR SAID C!TY, ;..= aEPEALING RESOLUTIONS NOS. 81-641 AND 91-330. WHEREAS, the City of San Bernardino has been and continues to be firmly committed to providing employees with a work 6 environment free from sexual harassment and harassment due to 7 sex, race, age, color, ethnicity, religion, national origin, 8 disability, marital status or any other area protected by law; 9 and, 10 WHEREAS, the City desires to adopt and implement an 11 harassment/sexual harassment policy which is contained in one 12 comprehensive document; 13 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 14 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 15 SECTION 1. That the City of San Bernardino Policy on 16 Harassment/Sexual Harassment, marked Exhibit "A" and attached 17 hereto and incorporated herein by reference, is hereby approved, 18 adopted, and incorporated into the City of San Bernardino 19 Affirmative Action Plan, which was adopted by Resolution 20 No.lS039. 21 SECTION 2. Resolutions Nos. 81-641 and 91-330, including 22 any amendments thereto, are hereby repealed. 23//// 24///1 25 IIII 26 I I I / 27 / I I I 28 IIII ...y 9, 1995 'ege 1 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 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AN UPDATED HARASSMENT/SEXUAL HARASSMENT POLICY FOR SAID CITY, AND REPEALING RESOLUTIONS NOS. 81-641 AND 91-330. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a requ1ar meeting thereof, held on the 15th day of May , 1995, by the following vote, to wit: ~&~~ City Clerk The foregoing resolution is hereby approved this !!~~ day of Mav , 1995. .--;-. --'t ' . / r./1/I. ./ .;t !<t..t?<.... Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City~y _ By: ~~ ..." 9, 1995 '.2 CITY OF SAN BERNARDINO POLICY ON HARASSMENT/SEXUAL HARASSMENT Harass~ent, including sexual harassmenl, in employment 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 both lhe employer and employee, excessive absenteeism and turnover, loss of morale, polarization of starr, sabotaged work, a decrease in management credibility and a decrease in producti vity. PURPOSE: It is the policy of the City oC San Bernardino to provide a work environment free from harassment on the basis of race, religious creed, color, national origin, ancestry, age, sex, marital status, physical disability, mental disability, medical condition or any other c1assiCication protected by law, and unwelcome sexual overtures, advances and coercion. Therefore, the City will nol lolerate any form oC harassment, sexual harassment, or reprisal, and expects individuals to adhere to a 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 harassment and sexual harassmenl internally. It is meanl to supplement, not replace any applicable Stale and Federal remedies. SCOPE: This policy applies 10 all officers, agents, employees and elected ocricials of the City of San Be roard ino (collecli vely called "em ployees" herein), as well as thi rd pa rties (e.g., ven dors, contractors, mcmbers oC lhe public) regularly enlering lhe work environment. DEFINITION: A. Harassment includes thc following when based upon race, religious creed, color, nalional origin, ancestry, age, sex, marital status, physical disability, mental disability, medical condition or any other classification protected by law: 1. Verbal harassment, e.g., epithets, derogatory comments or slurs; ..... 2. Physical harassment, e.g., unwelcome or uncoasented touching, impedin. or blocking movement, or any interference with :!z:-;;u..: n ~..k or movement; and, J. Visual harassment, e.g., leers, gestu res, or derogatory posters, cartoons or drawings. For the purpose of this policy, harassment alsospeciCically includes sexual harassment. B. Sexual Harassment includes unwelcome sexual advances, requests (or sellual ravors, 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 employ men t decisions a{(ecting the indi vidual; or, J. 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. For the purpose of further c1ari fication, sexual harassment includes, but is not limited to: 1. Making unsolicited wrillen, verbal, physical or visual contact with sexual overtones. (Written examples; suggestive or obscene letters, notes, invitations. Visual examples: leering, gestures, display o( sexually suggestive objects or pictures, cartoons or postcards. Physical examples: touching in a sexually-suggestive manner, or touching of the private parts of another for sexual gr~tjfication.) 2. Continuing to express sexual interest after being informed that the interest is unwelcome. (Reciprocal attraction is nol considered sexual harassment.) 2 3. Making reprisals, tbreats of reprisal, or implied threats of reprisal following a negative response. For example, either implying c: actually withholding support for an appointment, promotion, or cbange of assignment; suggesting a poor performance report will be prepared, or suggesting probation will be failed. 4. Engaging in implicit or explicit coercive sexual behavior whicb is used to control, in f1uence, or arrect the career, salary or work en vironment 0 f another employee. 5. OfCering favors or employment benefits, such as promotions, favorable performance evaluations, favorable assigned duties or shirts, recommendations, reclassifications, etc., in exchange for sexual favors. 6. When employment benefits are granted because oC sexual favors, other quali fied persons who are denied the bene fits may be considered to be victims of sexual harassment. A Cinding of sexual harassmenl may be made even though the conduct occurs outside or the workplace. PENALTY GUIDELINES: The City or San Bernardino will undertake all appropriate necessary action against any employee found to be in violation or Ihis policy to prevent further harassment, including sexual harassment, and retaliation. Appropriate necessary action may include corrective action (e.g., counselling and lor training) andlor punitive action up to and including termination rrom employment. In the case or elected ocricials, disciplinary aClions are limited 10 private or public censure, unless otherwise pcrmittcd by Charter. In the case oC a citizen, contractor or vendor the City shall take such actions to prevent Curther harassment as may be within ils power. 3 CITY RESPONSIBILITY: The City shall take prompt, appropriate action to avoid or minimize harassm~Dt/sexual harassment aad liability to the City. The City will pursue every possible preventive measure \ to insure employees are not subject to harassment/sexual harassment; will investigate all complaints oC harassment/sexual harusment and all instances which it has good cause to believe to have occurred; and will take appropriate disciplinary action against any employee(s) Cound to be in violation oC this policy. COMPLAINT PROCEDURE: 1. Anyemployee who believes that he/she has beeD,harassed/sexually harassed may report the ineiden t to the employee's supervisor or department head, to the A rrirmative Action Oencer, or to a City Equal Employment Opportunity ('City's EEO'] Counselor. (Any applicant Cor employment who believes he/she has been harassed may Cile witb the A ffirmative Action Officer or with a City EEO Counselor.) 2. If the employee chooses to ha ve the matter in vestigated by a City EEO Counselor, the Counselor shall Collow the City's EEO Committee's Complaint Procedure, Cound in the City's Affirmative Action Plan, and submit a written report to the Affirmative Action Officer al the conclusion of the investigation. 3. The Affirmative Action Officer and the City's EEO Counselors shall perform their duties in a fair, impartial, and objective manner. Any person who attempts to influence the A ffirmative Action Officer or a City EEO Counselor 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. 4. Upon the filing of a written complaint, or at such time as the Affirmative Action Officer has good cause to believe that harassment/sexual harassment has occurred, the Affirmative Action Officer shall promptly and confidentially investigate the mattcr. 4 5. The Affirmative Action Officer sball provide tbe respondent aD opportunity for an informal resolution of the matter, and shaIl notify the complainant of tbe proposed disposition of his/ber complaint by the in formal adjustment procedure. 6. If the matter cannot be resolved informaIly by tbe Affirmative Action Officer. he/sbe shall present the complaint to the City's EEO Committee. 7. The City's EED Committee shall notiry tbe complainaDt and the employee charged with the alleged barassment of the time and place of a hearing concerning such matter; shall provide such employee with a copy of the formal complaint or written charges; shall review the written report of the Affirmative Action officer concerning such matter;-.and nllY conduct an independent investigation into the matter which mayor may not include further hearings. The recommendation of the Committee shall be presented to all concerned persons. 8. 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 EEO Counselor, Affirmative Action Drricer or EEO Committee shaIl be advisory only. EMPLOYEES' RIGHTS AND RESPONSIBILITIES: 1. ComDlainaots: Any employee who believes he or she has been harassed/sexually harassed has the responsibility to take immediate action to assure lhalthe situation does not persist. Employees bave the following rights: A. The right to a work environment free of harassment/sexual harassment. B. The right to an in formal, confidential hearing by the Affirmative Action Officer and/or a City EED counselor. C. The right to have harassment/sexual harassment complaints kept confidential until such time as he/she gives the counselor permission to do otherwise, in order to bring the complaint to the appropriate authority 5 '. for remedy as set forth in the City's Affirmative Action Complaint Procedure. D. The right to a full, impartial and prompt investigation tbrough the Affirmative Action Office, including tbe rigbt to produce witnesses and to have them interviewed. E. The right to be represented by legal counsel or other representative, at his/ber own cost, at all stages. F. The right to a timely decision after Cull consideration oC all relevant Caets and circumstances. G. The right to be advised of the results of Ihe Affirmative Action Officer's investigation and con elusions. (If disci pline is im posed, the speci ri c terms of the discipline will not be communicated 10 Ihe complainant) H. The right to be free from retaliation for Ciling a complaint or otherwise participating in an investigation of harassment/sexual harassment. Employees may also Cile complaintsof harassment/sexual harassment with the following Slate and Federal offices: State Departmenl of Fair Housing and Employment (DFEH) 1845 S. Business Clr. Dr., *127255 San Bernardino, CA 92408-342(; (909) 383-4711 Equal Employment Opportunity Commission (EEOC) East Temple Street, 4th Floor Los Angeles 90012 (800) 669-4000 2. ResDondent: Any employee who has been accused of harassment/sexual harassment ("Respondent') has a responsibility to cooperate with the in vestigation by the A f firmati ve Action Office rand also has the following rights: A. The right to an attempt at an in Cormal resolution of the complaint with the Affirmative Action Officer prior to the institution of any formal process. 6 B. The right to be represented by legal counselor otber representati ve, at his/her own cosl, at all stages of the proceedings. C. The right to confidentiality beyond those involved in tbis process who have legitimale need 10 know. D. The right 10 produce witnesses, and to have lhem interviewed during the Course of the investigation. E. The right to be advised of the results of the Affirmative Action Officer's investigation aad conclusions. F. The right to be in formed of the charges in writing UpOD commencement of any Cormal proceedings. G. The right to due process to which the employee would otherwise be entitled prior to any adverse employment action being taken against him or her (e.g., c1assi fied employees have the right to I hearing before the Civil Service Commission.) In the case of an elected official, the right to a bearing before an administrative law judge, or mutually acceptable independent hearing officer. 3. Witnesses: Any employee who witnesses an incident of alleged harassment/sexual harassment, and is named in a formal, written complaint as a witness, has a responsibility to provide full and accu rate information regarding the incident to the A (firmali ve Action 0 CCice and hasthe right to be free Crom reprisal as a result of any such testimony. If the harasser is a citizen or vendor, the harassed employee and any employee witnessing the incident have a responsibility to report the incident to the harassed employee's supervisor. The Cily shall take such steps to investigate and eliminate this form of harassment/sexual harassment as may be within its power. 7 ~.~ . It shall be tbe responsibility of any supervisor or otber employee to whom tUesed barassment/sexual harassment bas been reported to maintain such report IS a mat:~r or strict con fidence. Such report may be discussed only with the Department/Division Head or otbers in the cbain of command and tbe Affirmative Action Officer prior to the investigation. A complaint of harassment/sexual harassment is to be considered and treated al aay other confideatial personnel record of tbe complaining and responding employees. Copies or this policy sball be distributed to .11 employees aad elected onlclall. -' 8 OFFICE OF THE MAYOR EQUAL EMPLOYMENT OPPORTUNITY OFFICE Complaint of Harassment/Sexual Harassment Your full name: Address: City: Home Phone: Your job title: Name of alleged harasser: Form of Harassment( circle one): State: Zip: WorkPhone: Dept: Dept: Race Religion National Origin Sex ADA Other Date of occurance: Have you discussed the Harassment with your Supervisor? Yes No Description of Harassment (Attach additional pages if necessary): What corrective action do you want taken on your behalf regarding this complaint? Signature Date CITY OF SAN BERNARDINO OFFICE OF THE MAYOR EQUAL EMPLOYMENT OPPORTUNITY OFFICE COMPLAINT OF DISCRIMINATION IN CITY GOVERNMENT (Please Type or Print) 1. Name: Address: City: Home Phone State: Work Phone: Zip: 2. Are you currently employed by the City of San Bernardino: Department: Job Title: 3. City Employee/Agent you believe discriminated against you: Name: Yes: No Departmentmivision is the Individual employed within: Address: City: State: 4. What is the basic on which you believe you were discriminated: Race:_Religion:_Sex_ Marital Status:_Ethnicity:_Age:_Physical Disability:_ Other (explain)): 5. Date of Period the alleged discrimination occurred: 6. Did the discrimination occur while on duty: Yes:_No:_lfyes, where did it occur: 7. Have you discussed the discrimination with your Supervisor: Yes:_No: 8. Provide detail description 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)