HomeMy WebLinkAboutS08-Affirmative Action
I CITY OF SAN BERNODINO - REQUEST FOR COUNCIL ACTION
,
From: Ernest Wilson, AAO
Subject: Second Amendment to the Affirmative
Action Plan for Equal Employment
Opportunity and Policy on Harassment
Dept: Affirmative Action
Date: 8 July 1991
Synopsis of Previous Council action:
November 23, 1977 -- Resolution No. 15039 -- Adopting an Updated Affirmative Action
Plan and Repealing Resolution No. 11534
December 21, 1981 -- Resolution No. 81-641 -- Adopting an Amendment to the Affirmative
Action Plan and Providing a Policy on Sexual Harassment
Recommended motion:
Adopt Resolution
2' ( )J
Signature
-
Contact person: Ernest ~1i1son. Affirmative Action Officer
Phone:
5004
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Descriotionl
Finance:
Council Notes:
75-0262
Agenda Item No.
.C: -8
. CITY OF SAN BERNODINO - REQUEST FOI COUNCIL ACTION
STAFF REPORT
Attached is the second amendment to the Affirmative Action Plan
setting forth policy on sexual harassment/harassment.
As public laws and court cases in the area of Equal Employment
Opportunity are implemented, the City of San Bernardino Affirm-
ative Action Plan must be updated periodically to conform to
the current changes. When the 1990 Census becomes final and
the American Disability Act becomes a public law in 1992, there
will be numerous revisions to the Affirmative Action Plan.
The specific revision presented now is due to alleged sexual
harassment and harassment complaints filed in the Affirmative
Action office as well as settlement stipulations between the
state Department of Fair Employment and Housing (DFEH), Federal
Equal Employment Opportunity Commission (EEOC), and the City of
San Bernardino.
This revision will also ensure that the city of San Bernardino
is meeting all of the legal requirements as it pertains to
preventive sexual harassment and harassment in the workplace,
and to further ensure that the city will not be liable to
monetary judgements in civil liabilities or court imposed
consent decrees.
75-0264
o
o
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 NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A SECOND
AMENDMENT TO THE AFFIRMATIVE ACTION PLAN FOR EQUAL EMPLOYMENT
OPPORTUNITY FOR SAID CITY; AND PROVIDING A POLICY ON HARASSMENT.
WHEREAS, the City of San Bernardino is fully committed to
providing employees with a work environment free from harassment
due to sex, age, race, color, ethnicity, religion, national
origin, physical handicap, marital status, pOlitical affiliation
or belief, or any other category protected by law; and
WHEREAS, employees are expected to adhere to a standard of
conduct that is respectful to all persons within the work
environment; and
WHEREAS, the City will not tolerate any form of harassment
or reprisal;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
That the Second Amendment to the City of
San Bernardino Affirmative Action Plan for Equal Employment
Opportunity, marked Exhibit "A", attached hereto and incorporated
herein by reference, setting forth a POlicy on Harassment and
Sexual Harassment, is hereby approved and adopted.
SECTION 2.
That the City of San Bernardino Affirmative
Action Plan for Equal Employment Opportunity, adopted by
Resolution No. 15039, including amendments thereto, adopted by
Resolution No. 81-641, and this Resolution, shall apply to
discrimination against and harassment of City employees and
applicants, by City employees, elected or appointed officials,
commission
and board members,
vendors,
and i~dependent
contractors.
DCR/dys/affact.res
1
June 13, 1991
(I
o
o
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 ... ADOPTING A SECOND AMENDMENT TO THE AFFIRMATIVE
ACTION PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY FOR SAID CITY; AND
PROVIDING A POLICY ON HARASSMENT.
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
, 1991, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
, 1991.
day
of
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
B~
DCRjdysjaffact.res
2
June 13, 1991
,
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
II
"
I
o
o
SECOND AMENDMENT TO THE CITY OF SAN BERNARDINO'S
AFFIRMATIVE ACTION PLAN FOR EQUAL EMPLOYMENT
POLICY ON HARASSMENT/SEXUAL HARASSMENT.
Equal Employment Opportunity Committee
City of San Bernardino
The City of San Bernardino is fully committed to providing
employees with a work environment free from harassment due to sex,
age, race, color, ethnici ty, religion, national origin or any
other category protected by law. All employees are required to
take care that the dignity of others is not abused through
physical altercations, slurs, insults, derogatory or objectionable
and offensive behavior in this regard. With respect to sexual
harassment,
objectionable and offensive behavior includes
unwelcome sexual advances, requests for sexual favors and other
verbal, visual or physical conduct of a sexual nature. Any
employee found to have engaged in conduct which is contrary to
this pOlicy will be subject to disciplinary action up to and
including termination of employment.
EMPLOYEE RIGHTS AND RESPONSIBILITIES
As an employee of City of San Bernardino you have the right
and the responsibility to report violations of the equal
employment opportunity and Harassment/Sexual Harassment pOlicies
to the appropriate supervisor without fear of retaliation. Upon
report of a violation an investigation will be conducted, which
will include interviews with the employee(s) voicing the
complaint, the accused and any other persons who may have
wi tnessed the incident (s) in question, or who may have been
subjected to similar activity, or who may have information
DCR/dys/affact.2am
1
June 17, 1991
EXHIBIT "A"
:!
I
,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
~
23
24
25
26
27
28
o
o
concerning some aspect of the occurrence(s). Upon investigation
completion, a determination will be made as to whether or not
unlawful activity did occur.
The employee(s) voicing the
complaint will be notified in writing of the determination made
and of the disciplinary action taken.
Retaliation against any
employee voicing a complaint,
or against any employee
participating in the investigatory is grounds for immediate
disciplinary action.
If you feel for any reason, it is inappropriate to report
violations relating to the above policies to your Supervisor or
the next higher level of management, you may report them to an
Equal Employment Opportunity Counselor or directly to the
Affirmative Action Officer (Mayor's Office).
DCR/dys/affact.2am
2
June 17, 1991