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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