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HomeMy WebLinkAboutReso 1991-16134 RESOLUTION NO. 16134 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY NO. 662-05, "SEXUAL HARASSMENT POLICY", BY ADOPTING AMENDED COUNCIL POLICY NO. 662-05 ENTITLED "GENERAL AND SEXUAL HARASSMENT POLICY" The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, in 1982, the City of Chula Vista adopted Resolution No. 11058 establishing the Sexual Harassment Policy; and WHEREAS, since 1982, court cases dealing with sexual harassment have further defined and clarified the issues and it has become apparent that a policy that dealt with general harassment was needed to establish clear and legally defensible guidelines for all employees in this area; and WHEREAS, the new policy is a combination of general and sexual harassment which reflects language that has been developed through more recent court cases and provides a complaint process that permits employees who believe that they have either harassed or discriminated against to take action to correct the situation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend Council Policy No. 662-05, "Sexual Harassment Policy" by adopted Amended Council Policy No. 662-05 entitled "General and Sexual Harassment Policy", a copy of which is attached hereto and incorporated herein by reference as if set forth in full. Presented by Approved as to form by Candy Bosheql ' Bruce M. Boo a rd Director of Personnel City Atto Resolution No. 16134 Page 2 COUNCIL POLICY ~I'I'Y OF ~ VISTA sLralEcr POLICY t:~CTIVE Nllk~I2'R DA'I~ pAGE GENERAL AND SEXUAL HARASSHENT POLICY 662-05 05-07-91 1 Of 5 ADO~IY_JJBY: DATId~: Resolution No. 16134 05-07-91 POLICY DISCUSSION The City of Chula Vista ts committed to maintaining a workplace environment free from all forms of discrimination and harassment Including sexual harassment. The purpose of this written policy is to familiarize employees and supervisors with the legal and moral parameters of harassment. Harassment is not only illegal, tt creates a negative work environment that reduces productivity and morale, undermines the integrity of the workplace and destroys professionalism. It is the legal right of every employee to be able to work in a place that is free from discrimination and harassment. It is the duty of all employees to abide by this policy and the duty of all supervisors and managers to implement this policy to avoid unnecessary legal and personal conflicts. BACKGROUND The legal framework for which the Courts have based their decisions regarding harassment are rounded upon Federal and State Laws entitling citizens to civil rights. Specifically, Title VII of the Civil Rights Act of 1964, Sectton 703 and California Government Code Section 12940 & 12921 and other pertinent references dearly state that harassment including sexual harassment, which is a form of discrimination, is tn violation of an tndtvtdual's civil rights; therefore, illegal. The impact of enforcement of these laws has mandated employers to develop, implement, and enforce progressive policy Statements prohibiting harassment in order to receive funding and/or avoid costly litigation proceedings. REFERENCES Title VII of the Civil Rights Act of 1964, Section 703 EEOC Final Guidelines California Administrative Code, Title 2, Section 7282.6 California Government Code 12940, 12921, and 11135 POLICY STATENENT It is the pol icy of the City of Chula Vista to prohibit all harassment including sexual harassment of any employee in the City of Chula Vista. The employees of this city have the legal right to work in a discrimination-free environment. Resolution No. 16134 Page 3 COUNCIL POLICY ~I'I'Y OF C}flJLA VISTA SUBJECF POLICY ~t,P~CrlVE ~ER DATE PAGE GENERAL AND SEXUAL HARASSMENT POLICY 662-05 05-07-91 2 Of 5 ADOFlED BY: R~qlUUOn No, 16134 05-07-91 GENERAL HARASSMENT Harassment is defined as unsolicited and unwelcome behavior based on race, religion, color, sex, creed or age which can be written, verbal, physical or visual. These behaviors can be directed at a specific employee or their family member(s). These behaviors can also be directed at one individual but offend another. Or these behaviors may not be directed at any individual in the workplace but their presence is offensive to one or mere co-workers. 1, Verbal harassment, e.g., epithets, derogatory comments or slurs; 2. Physical harassment, e.g., assault, impeding or blocking movement, or any physical interference with normal work or movement; 3. Visual forms of harassment, e.g., derogatory posters, cartoons, or drawings; SEXUAL HARASSMENT Sexual harassment is a violation of Section 703 of Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 1. Submission to such conduct is made explicitly or implicitly as a term or condition of an indtvidual's employment; 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting that individual; or 3. Such conduct affects or has the potentlal to affect an individual's work performance or creates an intimidating, hostile, or offensive working environment. For the purpose of further clarification, general or sexual harassment includes but is not limited to: 1, Sexually suggestive or obscene letters, notes, or invitations. Resolution No. 16134 Page 4 COUNCIL POLICY I~l'rx' OF CHULA VISTA GENERAL AND SEXUAL HARASSMENT POLICY k-in~4~pm~ DAT~ PAGE 662-05 05-07-91 3 of 5 r ADOFi]d~ BY: ~ DATED: Resolution No, 16134 05-07-91 2. Sexual derogatory co~ents, such as sexual Jokes, remarks, questions, teasing, leering, or gestures. 3. Touching, patting; pinching, impeding or blockin9 movement. 4. Sexually suggestive objects, such as pictures, cartoons, posters. 5. Continuance of expressing sexual interest after being tnfomed that the interest is unwe]comed. 6; Requesting sexual favors as a condition of employment. 7. Engaging in implicit of explicit coercive sexual behavior which is used to control, influence or affect the career, salary and/or work environment of ano~er employee. C0~LAINT PROCESS If an employee believes that they have been subject to any form of harassment including sexual harassment or are being descrtmtnated against based on the State and/or Federal laws previously cited, they have the ~eh3 to file a formal or informal complaint. Before a comp]Mnt is , it is reco~wnended that the violated employee acknowledge to the hatasset that their behavior is offensive, unwanted or derogatory. If harassment continues to persist, a formal complaint should then be filed. The City of Chula Vista will enforce disciplinary action against any person that violates this policy; This discipline can include termination. ComplMnt Procedure Step ] The allegation of general or sexual harassment should be discussed with the comp]alnant's department head, supervisor or the Dlrecter of Personnel within a reasonable period of time from when the incidence or action affecting the employee occurred, Resolution No. 16134 Page COUNCIL POLICY CITY OF CI-IULA VISTA SUBJECt POLICY NUMBER DATE PAGE GENERal. A~ SEXUAL HARASSMENT POLICY 662-0~ 0~-07-ql Resolution No, 16134 05-07-91 Stop 2 Upon receipt of the written complaint, the Personnel Director will inform the appropriate department head and supervisor of the allegation. The complatnant's supervisor and/or department head shall meet with the complainant in an attempt to resolve the complaint at the departmental level, If the complainant is not satisfied with results of the meeting, the Personnel Director, within (10) ten working days, will assemble a fact finding committee to review the complaint, The fact finding comnfttee will include (1) a Personnel Director representative, (2) an appointee of the City Hanager, and (3) an appointee of the complainant. The tnvestlgattonprocess shall be conducted in a timely manner. The complaint will be reviewed to: 1, Determine governing authority of the complaint. 2, Determine if sufficient grounds exist to substantiate the validity of the complaint which includes interviewing the complaintant, alleged hatasset, witnesses and any other individual who may have relevant information substantiating or refuting the allegation, Step 3 Upon the completion of the investigation, all parties involved will be informed of the findings with (10) ten working days. The fact finding committee will report the results of their investigation to the Personnel Director, the Department Director, the complainant and the alleged harasser, If the investigation does not yield sufficient evidence to substantiate the allegation, 811 parties involved will be notified of the findings and the case will be termtnatod at this step, Step 4 If it is determined that general or sexual harassment has occurred, the Department Director will initiate appropriate disciplinary action which may be up to and including dismissal. The severity of the discipline will be determined by the severity and/or frequency of the offense, Resolution No. 16134 Page 6 C~3UI~CIL POLICT CI'I'~' OF ~ ~A ~ DA~ PAGE 6ENE[ aND SEXU~ HA~S~E~ POLICY 662-05 05-07-9~ 5 of 5 ~ BY: DA'I~: Step 5 Disciplinary action taken under this p~oced~re may be appealed with or without representation subSect to aDpeal and 9tievance procedures indicated tn a~pltcable agreements, City policies or Civil 5errice ~ules. ORIGINAL RESOLUTION ADOPTING THIS POLICY WAS: 11058 APPROVED 11-02-82. Resolution No. 16134 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of May, 1991 by the following vote: AYES: Councilmembers: Moore, Nader, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: Malcolm ABSTAIN: Councilmembers: None Leonard M. Mo6re Mayor, Pro-Tempore ATTE ST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16134 was duly passed, approved, and adopted by the City Council held on the 7th day of May, 1991. Executed this 7th day of May, 1991. Beverly ~ Authelet, City Clerk