HomeMy WebLinkAboutS01-City Attorney
SOl - These
resolution titles
were never read
into the record -
distributed in
closed session.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CONTAINING THEIR FINDINGS WITH REGARD TO
CAPIT1\L ISSUES OF SEXUAL HARASSMENT IN THE
WORKPLACE, INCLUDING DIRECTION TO THE MAYOR TO
ADDRESS SUCH ISSUES
WHEREAS, the city of San Bernardino has from time to
time received verbal and written notice of possible sexual
harassment in the workplace; and
WHEREAS, the Council recognizes its legal and moral
responsibility to provide a healthy, comfortable workplace
free from sexual harassment and retaliation; and
WHEREAS, legal responsibilities aside, the City of
San Bernardino benefits from the increased productivity,
higher employee morale and decreased employee turnover that
resul ts from a work environment that is free from sexual
harassment; and
WHEREAS, failure to address sexual harassment in the
workplace may result in substantial cost and financial
liability for the City of San Bernardino.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD
TO CAPITAL ISSUES OF SEXUAL HARASSMENT IN THE WORKPLACE,
INCLUDING DIRECTION TO THE MAYOR TO ADDRESS SUCH ISSUES
SECTION 1.
Findinqs.
That the quality and effectiveness of the City's
workforce will be enhanced, and costs to the City will be
reduced, by the existence of effective policies and training
programs designed to address sexual harassment in the
workplace.
SECTION 2. Remedial Action Directed bY the
Council (Mayor). The Council hereby directs and requests
the Mayor to undertake the following remedial action: The
Mayor's Office shall promptly investigate any future
complaints of sexual harassment, retaliation or vindictive
conduct lodged by the complainants, and take prompt and
appropriate disciplinary action if the complaints are
substantiated.
SECTION 3.
Preventative Measures Directed bY the Council.
The Council wishes to provide general direction to the Mayor
to avoid sexual harassment in the workplace in the future.
These actions shall be accomplished within (90) days of the
adoption of this resolution.
a. Prepare an amendment to the City's Policy
Statement on Sexual Discrimination and Harassment for
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD
TO CAPITAL ISSUES OF SEXUAL HARASSMENT IN THE WORI<PLACE,
INCLUDING DIRECTION TO THE MAYOR TO ADDRESS SUCH ISSUES
submission to the Council which would:
1.
Prohibit
and
sexual
harassment
discrimination by an elected official;
:2 . State that an employee may complain to the
employee I S supervisor, or the Affirmative Action Office, about
an elected official;
3.
State that employees will not be
retaliated against for filing a sexual harassment claim
against an elected official.
b. Prepare an amendment to the Ci ty I s Policy
Statement on Sexual Discrimination and Harassment for
submission to the Council which would clearly state that the
city will promptly investigate, and put an end to, any acts of
sexual harassment that it knows or has reason to know of.
c. Prepare for implementation an intensive and
thorough sexual harassment training program for all employees
at every level of responsibility in the City.
Elected
officials, including the Mayor and Common Council Members, and
top management employees shall all be included in the training
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RESOLUTION OF TEE MAYOR AN)) COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD
TO CAPITAL ISSUES OF SEXUAL HARASSMENT IN THE WORKPLACE,
INCLUDING DIRECTION TO THE MAYOR TO ADDRESS SUCH ISSUES
program.
The training program shall be designed to help
employees recognize conduct which can create a hostile and
abusive work environment, and educate employees that sexual
harassment in the workplace is illegal.
In addition to
providing information concerning the legal aspects of sexual
harassment, the, training should help employees recognize and
eliminate offensive gender-based vocabulary and behavior from
the workplace.
The training should also give employees a clear
understanding that retaliation against an employee who has
complained of sexual harassment is also a violation of state
18 policies. Employees should be able to identify what type of
and federal employment discrimination laws, as well as City
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conduct constitutes retaliation.
d. The Mayor shall develop and disseminate a plan
to affirmatively and periodically raise the issue of sexual
harassment with all employees during the 1995
and 1996
calendar years.
The plan will ensure that
the City:
25 expresses its strong disapproval of sexual harassment;
26 explains the sanctions for harassment; and reminds employees
27 of the procedures for resolving complaints. Several times a
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD
TO CAPITAL ISSUES OF SEXUAL HARASSMENT IN THE WORKPLACE,
INCLUDING DIRECTION TO THE MAYOR TO ADDRESS SUCH ISSUES
year, the issue sexual harassment should be addressed both
verbally in staff meetings and in written communication to all
employees.
Copies of the city's Policy Statement on Sexual
Discrimination and Harassment should be conspicuously posted
at all worksites, and copies should be distributed to each
employee at least annually. The Policy should be highlighted
for all new employees as well.
SECTION 4.
The findings and determinations
14 herein shall be final and conclusive. This resolution shall
15 take effect upon the date of its adoption.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD
TO CAPITAL ISSUES OF SEXUAL HARASSMENT IN THE WORKPLACE,
INCLUDING DlREC~ION TO THE MAYOR TO ADDRESS SUCH ISSUES
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
, 1994, by the following vote, to
day of
wit:
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN AI3SENl'
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of , 1994
Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
BY:
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CONTAINING THEIR FINDINGS WITH REGARD TO
ALLEGATIONS OF SEXUAL HARASSMENT AGAINST CITY
ATTORNEY JAMES PENMAN AND AUTHORIZING OFFICIAL
ACTIONS THERETO, INCLUDING DIRECTION TO CITY
ATTORNEY PENMAN AND THE MAYOR
WHEREAS, the City of San Bernardino received verbal
and written notice of possible sexual harassment in the
workplace in May, 1994, and immediately authorized the
investigation of that and other complaints of similar
harassment by employees against City Attorney James Penman;
and
WHEREAS, the Mayor and Common Council of the City of
San Bernardino (the "Council") on May 26, 1994, hired the law
firm of Kay & Stevens to respond to certain questions of the
Council related to the allegations of sexual harassment; and
subsequently hired the law firm of Kay & Stevens to conduct an
investigation and report their findings and
recommended
actions, if any, to the Council; and
WHEREAS, Kay & Stevens conducted
research and
interviewed approximately thirty-five (35)
people in
23 conjunction with this investigation, not including Mr. Penman,
24 who declined to be interviewed; and
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26 WHEREAS, the investigation has now been completed
27 and the findings of Kay & Stevens have been presented to the
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD
TO ALLEGATIONS OF SEXUAL HARASSMENT AGAINST CITY ATTORNEY
JAMES PENMAN AND AUTHORIZING OFFICIAL ACTIONS RELATED THERETO,
INCLUDING DIRECTION TO CITY ATTORNEY PENMAN AND THE MAYOR
Council in a confidential report that is hereby accepted by
the Council; and
WHEREAS, the Mayor and Common Council have offered
Mr. Penman the opportunity to review the allegations, findings
and recommendations contained in that report and provide a
response to the Mayor and Common Council prior to Council
action, which opportunity Mr. Penman has declined.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
SECTION 1.
Findinas.
a. That the findings of the special investigator,
supported by the evidence, clearly indicate that Mr. Penman
engaged in sexually harassing conduct that was unacceptable
for an elected official or anyone in the workplace and that
his conduct was inappropriate, intrusive and clearly unwelcome
by our employee5.
b. That Mr. Penman attempted to retaliate against
identified City employees for attempting to correct his
conduct.
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o
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD
TO ALLEGATIONS OF SEXUAL HARASSMENT AGAINST CITY ATTORNEY
JAMES PENMAN AND AUTHORIZING OFFICIAL ACTIONS RELATED THERETO,
INCLUDING DIRECTION TO CITY ATTORNEY PENMAN AND THE MAYOR
c. That the investigation and analysis conducted
by Kay & Stevens was careful, thorough and fair to all parties
involved, including City Attorney Penman.
d. That the process was designed to be corrective
and not punitive and that its success will depend, in part, on
the willingness of Mr. Penman to cooperate.
SECTION 2.
Remedial Action Directed bv the
Council (Mr. Penmanl. The Council recognizes its legal and
moral responsibility to provide a healthy, comfortable and
hostile free workplace.
Legal responsibilities aside, the
City of San Bernardino benefits from the increased
productivity, higher employee morale and decreased employee
turnover that results from a work environment that is free
from sexual harassment.
With this goal and conviction in
mind, the CounciJ. hereby directs and requests Mr. Penman to do
,
the following:
a. Within ninety (90) days attend a comprehensive
training and educational program in sexual harassment of not
less than six (6) hours in duration as recommended by Special
Counsel Kay & Stevens.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD
TO ALLEGATIONS OF SEXUAL HARASSMENT AGAINST CITY ATTORNEY
JAMES PENMAN AND AUTHORIZING OFFICIAL ACTIONS RELATED THERETO,
INCLUDING DIRECTION TO CITY ATTORNEY PENMAN AND THE MAYOR
b.
Within ninety (90) days provide the Mayor with
a written plan to provide written Employee Evaluation Reports
consistent with the practices set forth in Resolution 12420
re: Employee Evaluation Reports. In the event such a plan is
not submitted or implemented in a timely fashion, the Mayor
shall prepare for Council consideration and possible action a
resolution amending Resolution 12420 to eliminate the current
exemption for employees serving under or in the department of
elected officials.
c. Refrain from engaging in any conduct or making
any comments whic~ would constitute either sexual harassment
or retaliation; and, in that regard, refrain from any
question, discussion or comment in any way regarding the
subject of this investigation with any person who participated
in the investigation, without first gaining consent of the
Mayor.
d. The Council hereby advises Mr. Penman that the
City will not expend taxpayer funds to defend him against
claims of sexual harassment that may occur in the future.
SECTION 3.
Remedial Action Directed bv the
Council (Mavor).
The Council hereby directs and requests
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD
TO ALLEGATIONS 01" SEXUAL HARASSMENT AGAINST CITY ATTORNEY
JAMES PENMAN AND AUTHORIZING OFFICIAL ACTIONS RELATED THERETO,
INCLUDING DIRECTION TO CITY ATTORNEY PENMAN AND THE MAYOR
the Mayor to undertake the following remedial actions:
a. The Mayor shall monitor the interactions among
employees to be reasonably certain that retaliation or
harassment is not recurring with respect to any of the
employees identified as complainants in the Kay & Stevens
report.
The Mayor's Office shall promptly investigate any
future complaints of sexual harassment, retaliation or
vindictive conduct lodged by the complainants identified in
the report, and take prompt and appropriate disciplinary
action if the complaints are substantiated.
b.
The Mayor shall agendize for reconsideration
and possible action by the Council Urgency Ordinance MC-S39.
c.
The Mayor shall investigate and report back to
the Council the feasibility of and processes necessary to
impose upon Mr. Penman a loss of pay for a two-week period.
d. The Mayor shall, in writing, direct and request
Mr. Penman to refrain from engaging in any conduct which would
constitute either sexual harassment or retaliation.
e.
The Mayor shall communicate the results of
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD
TO ALLEGATIONS OF SEXUAL HARASSMENT AGAINST CITY ATTORNEY
JAMES PENMAN AND AUTHORIZING OFFICIAL ACTIONS RELATED THERETO,
INCLUDING DIRECTION TO CITY ATTORNEY PENMAN AND THE MAYOR .
this investigation with the complainants. This may be done
verbally and/or in writing.
SECTION 4.
The findings
and determinations
herein shall be final and conclusive.
This resolution shall
take effect upon the date of its adoption.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD
TO ALLEGATIONS OF SEXUAL HARASSMENT AGAINST CITY ATTORNEY
JAMES PENMAN AND AUTHORIZING OFFICIAL ACTIONS RELATED THERETO,
INCLUDING DIRECTION TO CITY ATTORNEY PENMAN AND THE MAYOR
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of
San Bernardino at a
day of
meeting thereof, held on the
, 1994, by the following vote, to
wit:
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENr
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
City Clerk .
The foregoing resolution is hereby approved this
day of , 1994
Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
L,,::, ,
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CONTAINING THEIR FINDINGS WITH REGARD TO
ALLEGATIONS OF SEXUAL HARASSMENT AGAINST CITY
ATTORNEY JAMES PENMAN AND AUTHORIZING OFFICIAL
ACTIONS THERETO, INCLUDING DIRECTION TO CITY
ATTORNEY PENMAN AND THE MAYOR
WHEREAS, the City of San Bernardino received verbal
and written notice of possible sexual harassment in the
workplace in May, 1994, and immediately authorized the
investigation of that and other complaints of similar
harassment by employees against City Attorney James Penman;
and
WHEREAS, the Mayor and Common Council of the City of
San Bernardino (the "Council") on May 26, 1994, hired the law
firm of Kay & Stevens to respond to certain questions of the
Council related to the allegations of sexual harassment; and
subsequently hired the law firm of Kay & Stevens to conduct an
investigation and report their findings and recommended
actions, if any, to the Council; and
WHEREAS, Kay & Stevens conducted research and
interviewed approximately thirty-five
(35)
people in
conjunction with this investigation, not including Mr. Penman,
who declined to be interviewed; and
WHEREAS, the investigation has now been completed
and the findings of Kay & Stevens have been presented to the
J~I
Eln<"
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o
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD
TO ALLEGATIONS OF SEXUAL HARASSMENT AGAINST CITY ATTORNEY
JAMES PENMAN AND AUTHORIZING OFFICIAL ACTIONS RELATED THERETO,
INCLUDING DIRECTION TO CITY ATTORNEY PENMAN AND THE MAYOR
Council in a confidential report that is hereby accepted by
the Council; and
WHEREAS, the Mayor and Common Council have offered
Mr. Penman the opportunity to review the allegations, findings
and recommendations contained in that report and provide a
response to the Mayor and Common Council prior to Council
action, which opportunity Mr. Penman has declined.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
SECTION 1.
Findinas.
a. That the findings of the special investigator,
supported by the evidence, clearly indicate that Mr. Penman
engaged in sexually harassing conduct that was unacceptable
for an elected official or anyone in the workplace and that
his conduct was inappropriate, intrusive and clearly unwelcome
by our employees.
b.
That Mr. Penman attempted to retaliate against
identified City employees for attempting to correct his
conduct.
Ill'TIc^
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD
TO ALLEGATIONS OF SEXUAL HARASSMENT AGAINST CITY ATTORNEY
JAMES PENMAN AND AUTHORIZING OFFICIAL ACTIONS RELATED THERETO,
INCLUDING DIRECTION TO CITY ATTORNEY PENMAN AND THE MAYOR
c. That the investigation and analysis conducted
by Kay & Stevens was careful, thorough and fair to all parties
involved, including City Attorney Penman.
d. That the process was designed to be corrective
and not punitive and that its success will depend, in part, on
the willingness of Mr. Penman to cooperate.
SECTION 2.
Remedial Action Directed bv the
Council (Mr. Penman). The Council recognizes its legal and
moral responsibility to provide a heal thy, comfortable and
hostile free workplace.
Legal responsibilities aside, the
City of San Bernardino benefits from the increased
prOductivity, higher employee morale and decreased employee
turnover that results from a work environment that is free
from sexual harassment.
with this goal and conviction in
mind, the CounciJ hereby d~rects and requests Mr. Penman to do
the following:
a. Within ninety (90) days attend a comprehensive
training and educational program in sexual harassment of not
less than six (6) hours in duration as recommended by Special
Counsel Kay & stevens.
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o
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD
TO ALLEGATIONS OF SEXUAL HARASSMENT AGAINST CITY ATTORNEY
JAMES PENMAN AND AUTHORIZING OFFICIAL ACTIONS RELATED THERETO,
INCLUDING DIRECTION TO CITY ATTORNEY PENMAN AND THE MAYOR
b. Within ninety (90) days provide the Mayor with
a written plan to provide written Employee Evaluation Reports
consistent with the practices set forth in Resolution 12420
re: Employee Evaluation Reports. In the event such a plan is
not submitted or implemented in a timely fashion, the Mayor
shall prepare for Council consideration and possible action a
resolution amending Resolution 12420 to eliminate the current
exemption for employees serving under or in the department of
elected officials.
c. Refrain from engaging in any conduct or making
any comments whic~ would ~onstitute either sexual harassment
or retaliation; and, in that regard, refrain from any
question, discussion or comment in any way regarding the
subject of this investigation with any person who participated
in the investigation, without first gaining consent of the
Mayor.
d.
The Council hereby advises Mr. Penman that the
ci ty will not expend taxpayer funds to defend him against
claims of sexual harassment that may occur in the future.
SECTION 3.
Remedial Action Directed bv the
Council (Mavor).
The Council hereby directs and requests
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o
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RESOLUTION OF THE: MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD
TO ALLEGATIONS OF SEXUAL HARASSMENT AGAINST CITY ATTORNEY
JAMES PENMAN AND AUTHORIZING OFFICIAL ACTIONS RELATED THERETO,
INCLUDING DIRECTION TO CITY ATTORNEY PENMAN AND THE MAYOR
the Mayor to undertake the following remedial actions:
a. The Mayor shall monitor the interactions among
employees to be reasonably certain that retaliation or
harassment is not recurring with respect to any of the
employees identified as complainants in the Kay & Stevens
report. The Mayor's Office shall promptly investigate any
future complaints of sexual harassment, retaliation or
vindictive conduct lodged by the complainants identified in
the report, and take prompt and appropriate disciplinary
action if the complaints are substantiated.
b. The Mayor shall agendize for reconsideration
and possible action by the Council Urgency Ordinance MC-839.
c. The Mayor shall investigate and report back to
the Council the feasibility of and processes necessary to
impose upon Mr. Penman a loss of pay for a two-week period.
d. The Mayor shall, in writing, direct and request
Mr. Penman to refrain from engaging in any conduct which would
constitute either sexual harassment or retaliation.
e. The Mayor shall communicate the results of
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o
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD
TO ALLEGATIONS OF SEXUAL HARASSMENT AGAINST CITY ATTORNEY
JAMES PENMAN AND AUTHORIZING OFFICIAL ACTIONS RELATED THERETO,
INCLUDING DIRECTION TO CITY ATTORNEY PENMAN AND THE MAYOR
this investigation with the complainants. This may be done
verbally and/or in writing.
SECTION 4.
The findings and determinations
herein shall be final and conclusive. This resolution shall
take effect upon the date of its adoption.
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o
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD
TO ALLEGATIONS OF SEXUAL HARASSMENT AGAINST CITY ATTORNEY
JAMES PENMAN AND AUTHORIZING OFFICIAL ACTIONS RELATED THERETO,
INCLUDING DIRECTION TO CITY ATTORNEY PENMAN AND THE MAYOR
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of
San Bernardino at a
meeting thereof, held on the
day of
, 1994, by the following vote, to
wit:
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN AffiEm'
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
City Clerk .
The foregoing resolution is hereby approved this
day of , 1994
Tom Minor, Mayor
city of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
city Attorney