CC RES 1994-007 RESOLUTION NO. 94 - 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES AMENDING RESOLUTION
NO. 91-48 ESTABLISHING THE MANAGEMENT
I/ EMPLOYEE PERSONNEL RULES
WHEREAS, on July 2, 1991, the City Council adopted
Resolution No. 91-48 establishing the Management Employee
Personnel Rules; and
WHEREAS, state and federal law has recently changed with
regard to the prohibition of harassment in the workplace; and
WHEREAS, the Management Employee Personnel Rules need to be
amended to further clarify that workplace harassment will not be
tolerated in the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. SECTION 2 of RULE IX - NON-DISCRIMINATION POLICY
of the Management Employee Personnel Rules adopted by Resolution
91-48 is hereby amended to read as follows:
"SECTION 2 - POLICY AGAINST HARASSMENT
(a) STATEMENT OF POLICY.
Harassment in the workplace on the basis of race,
religion, color, national origin, ancestry, disability, medical
condition (cancer-related , marital status, sex, sexual
orientation, age (over 40) , or any other status protected by
applicable statutes violates California and federal law, and the
policy of the City of Rancho Palos Verdes ("City") . The City is
committed to creating and maintaining a workplace free from
unlawful harassment. That commitment includes taking all
reasonable steps to prevent unlawful workplace harassment.
(1) The protections afforded by this Policy apply to
applicants for employment and employees. If harassment
prohibited by this Policy occurs, the City shall take appropriate
corrective action against the harasser, and seek to remedy the
effects of the harassment on the employee or applicant for
I/ employment. If the harasser is an employee, including a
department head, supervisor and co-employee, such corrective
action shall include appropriate discipline, up to and including
discharge. If the harasser is a non-employee, for example, an
appointed commissioner or committee member, or a volunteer or
vendor, such corrective action may include termination of the
City's relationship with the non-employee. If the harasser is a
City Council member, corrective action may include, but is not
limited to, public censure of the City Council member by the City
Council.
(b) SEXUAL HARASSMENT.
(1) Sexual harassment is unlawful harassment on the
basis of sex, including gender harassment and harassment based on
pregnancy, childbirth, or related medical conditions.
(2) The California Fair Employment and Housing
I/
Commission ("FEHC") regulations define sexual harassment as
unwanted sexual advances, or unwelcome visual, verbal or physical
conduct of a sexual nature. Federal law defines sexual
harassment as unwelcome sexual advances, requests for sexual
favors, or other verbal or physical conduct of a sexual nature
when submission to sexual advances or behavior is made either
explicitly or implicitly a term or condition of an individual's
employment, when submission to or rejection of such conduct by an
individual is used as the basis for employment decisions
affecting such individual or when such conduct has the purpose or
effect of unreasonably interfering with an individual's work
performance, or creating an intimidating, hostile or offensive
working environment.
(3) Sexual harassment may be committed by a member of
opposite or the same sex.
(c) TYPES OF HARASSMENT.
(1) The following statuses are referred to in this
Policy as "protected status" : race, religious creed, color,
national origin, ancestry, citizenship, disability, marital
status, sex, medical condition (cancer-related) , sexual
orientation, age (over 40) or any other status protected by
federal or California law.
(2) Unlawful harassment also consists of verbal or
physical conduct that denigrates or shows hostility or aversion
toward an individual because of his/her protected status, or the
protected status of his/her relatives, friends, or associates,
and that (i) has the purpose or effect of creating an
intimidating, hostile, or offensive work environment; (ii) has
the purpose or effect of unreasonably interfering with an
individual's work performance; or (iii) otherwise adversely
affects an individual's employment opportunities.
(3) Unlawful harassment may be challenged even if the
complainant is not the specific intended target of the conduct.
(4) The following is a partial list of the types of
I/
conduct that may constitute unlawful harassment:
(i) Verbal Harassment. This form of harassment
includes, but is not limited to, epithets, jokes, derogatory
comments, negative stereotyping, slurs or other verbal conduct
that denigrates or shows hostility or aversion toward an ee em to
P Y
or applicant based on his/her protected status, or the protected
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status of his/her relatives, friends, or associates.
(ii) Physical Harassment. This form of
harassment includes, but is not limited to, assault, unwelcome
touching, impeding or blocking movement, threatening acts,
I/ intimidating acts, hostile acts or other Y h sical conduct that
p
denigrates or shows hostility or aversion toward an employee or
applicant based on his/her protected status or the protected
status of his/her relatives, friends, or associates.
(iii) Visual Harassment. This form of harassment
includes, but is not limited to, displaying pictures, posters,
cartoons, drawings, or other written or graphic materials that
denigrates, shows hostility or aversion or are derogatory toward
an employee or applicant based on his/her protected status or the
protected status of his/her relatives, friends, or associates.
(iv) Sexual Harassment. In addition to items (i)
through (iii) above, this form of harassment includes, but is not
limited to:
a. Unwelcome, verbal or written sexual
advances or propositions;
b. Offering or denying employment benefits
or privileges in exchange for granting or withholding sexual
favors;
c. Making or threatening reprisals after the
rejection of sexual advances.
d. Leering or making gestures of a sexual
nature, and displaying sexually suggestive objects, pictures,
cartoons or posters;
e. Unwelcome sexually-related or derogatory
comments, epithets, slurs, or jokes;
f. Verbal abuse of a sexual nature, oral or
written comments about an individual's body, sexually degrading
words used to describe an individual, sexually suggestive or
obscene letters, notes, or invitations;
g. Unwelcome touching, assaulting, impeding
or blocking movements; and
h. Gender harassment and harassment based on
pregnancy, childbirth, or related medical conditions.
(d) HARASSMENT COMPLAINT RESOLUTION PROCEDURE.
(1) The City will promptly, thoroughly and objectively
investigate charges of unlawful harassment. The Assistant City
Manager, or the City Manager, if the Assistant City Manager is
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the alleged harasser, shall investigate and attempt to resolve
all harassment complaints. The Assistant City Manager or the
City Manager may assign the responsibility to investigate
harassment charges to another competent person. The City shall
advise the complaining individual of his/her rights and
responsibilities under the City's harassment complaint resolution
procedure and his/her right to redress unlawful harassment.
Complaints and investigations shall be handled with due regard
for the rights of the complainant and the alleged harasser.
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Information about the investigation and complaint shall only be
released to individuals on a need-to-know basis, or as required
by law.
(2) An employee who witnesses harassment prohibited by
this Policy has a duty to report it to the employee's immediate
supervisor, department head, the Assistant City Manager, or the
City Manager, if the Assistant City Manager is the alleged
harasser.
(3) Informal Procedure. An applicant or employee who
believes he/she has been illegally harassed should promptly
inform the harasser that such conduct is inappropriate, offensive
and unwelcome, and that the harasser should immediately cease
such conduct. If the harassment does not stop immediately or the
employee does not wish to discuss the matter directly with the
harasser, the employee should promptly discuss the matter with
his or her supervisor, department head, the Assistant City
Manager, or if the alleged harasser is the Assistant City
Manager, the City. Manager. The employee has the discretion to
direct the complaint to any of the positions listed above.
Applicants shall file harassment complaints with the Assistant
City Manager, or the City Manager, if the Assistant City Manager
is the alleged harasser.
(4) Formal Procedure.
(i) If the informal resolution procedure does not
resolve the complaint to the satisfaction of the complaining
employee or applicant, the employee or applicant may file a
formal complaint by providing a written and signed statement to
the Assistant City Manager, or, if the Assistant City Manager is
the alleged harasser, to the City Manager. A formal complaint
should be filed within ten work days of the event(s) giving rise
to the complaint. If a complaint is filed after ten work days,
the City shall have the sole discretion to decide whether to
1/
investigate the complaint. The City wants complaints to be filed
promptly to ensure the investigation takes place while memories
and evidence are still fresh and witnesses are available, and to
enable the City to take prompt remedial action, when warranted.
The complaint shall include the date(s) , time(s) , and place(s) of
incident(s) of harassment, a description of the circumstance(s) ,
the name(s) of the person(s) involved and witnesses, if any, and
any desired remedy.
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(ii) The City Manager, the Assistant City Manager
or a person assigned by the City Manager or the Assistant City
Manager, shall investigate complaints of harassment by taking the
following steps:
a. Review the written complaint;
b. Interview the complainant, the alleged
harasser and any others who may have relevant evidence;
c. Review pertinent documents or records;
d. Prepare a written report regarding the
findings and conclusions reached. The report shall be furnished
to the complainant, the alleged harasser, and the City Manager;
and
e. Recommend to the City Manager appropriate
discipline of the harasser up to and including termination of
employment, and appropriate action to remedy the effects of the
harassment on the complainant.
(iii) Discipline taken against a harasser shall
be determined by the nature, severity and/or frequency of the
offense(s) , the work record of the harasser, the likelihood of
the misconduct being repeated, and any other relevant factors and
evidence. The complainant shall be consulted in connection with
the corrective action to be taken against the harasser and the
appropriate action to remedy the effects of the harassment on the
complainant. The complainant and the harasser shall be notified
of the action(s) taken by the City.
(iv) Discipline imposed by the City and any
appeal taken therefrom by the employee shall be in accordance
with the City's Management Employee Personnel Rules.
(e) PROTECTION AGAINST RETALIATION. Employees and
applicants have the right to oppose harassment prohibited by this
Policy and applicable law, to file a complaint of and to report
unlawful harassment, and to cooperate in a harassment
investigation free from retaliation. It is City policy to
prohibit retaliation against anyone for opposing harassment
prohibited by this Policy and applicable law, reporting unlawful
harassment in any form, assisting in making a harassment
complaint or cooperating in a harassment investigation. Persons
engaging in acts of retaliation shall be subject to appropriate
disciplinary /action, including termination of employment, and/or
other appropr
•iate and feasible corrective action.
(f) ENFORCEMENT OF THE LAWS AGAINST HARASSMENT.
(1) Employees or job applicants who believe they have
been unlawfully harassed are also entitled to file a complaint of
discrimination with the California Department of Fair Employment
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and Housing ("DFEH") or the federal Equal Employment Opportunity
Commission ("EEOC") .
(2) The DFEH will attempt to assist the parties to
resolve voluntarily the dispute. If the DFEH finds evidence of
illegal harassment, and settlement efforts fail, the DFEH may
file a formal accusation against the employer and the alleged
harasser. The accusation will lead to either a public hearing
before the FEHC or a lawsuit filed on the complainant's behalf by
1/
the DFEH. If the FEHC finds that unlawful harassment occurred, it
can order remedies, including fines or damages for emotional
distress from each employer or harasser found to be at fault.
The FEHC may also order hiring or reinstatement, back pay and
benefits, promotions, and changes in the policies or practices of
an employer.
(3) Similar procedures and remedies are available
under federal law, including Title VII of the Civil Rights Act of
1964, as amended; the Americans with Disabilities Act of 1990;
the Age Discrimination in Employment Act of 1967, as amended; and
the Rehabilitation Act of 1973, as amended.
(4) Victims of unlawful harassment may be entitled to
damages even though they have not been denied an employment
opportunity, pay or benefits. If unlawful harassment occurs, the
City may be liable for the conduct of its managers and
supervisors and for the conduct of employees and non-employees.
Harassers and management representatives who condone or ratify
unlawful harassment may be held personally liable for their
misconduct. Some forms of harassment are crimes.
(g) ADDITIONAL INFORMATION. For more information regarding
employee and applicant rights and remedies regarding unlawful
harassment, an employee or applicant may contact the DFEH or the
EEOC. The location of the nearest DFEH office can be obtained by
calling (916) 445-9918 (voice) or (916) 324-1678 (TDD) . The
location of the nearest EEOC office can be obtained by calling
(202) 663-4895 (voice) or (202) 663-4399 (TDD) .
(h) QUESTIONS. Questions regarding this Policy should be
directed to the Personnel Officer. "
Section 2 . Notwithstanding the provisions of Chapter
2 .46.040 of the Municipal Code, the provisions of this policy
shall apply to elective officers, the City Manager, the Assistant
or Deputy City Manager, the City Attorney, the Assistant or
Deputy City Attorney, department heads, members of appointive
boards, commissions and committees, volunteer personnel, part-
time employees, emergency employees, all council-appointed city
officers, any position primarily funded under a state or federal
employment program, and persons engaged under contract to supply
expert, professional, technical or other services.
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PASSED, APPROVED AND ADOPTED on February 15, 1994 .
-
MAYOR
ATTEST: At
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� /40'OF
C Y CLERK
S. ate of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes)
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes,
hereby certify that the above Resolution No. 94-7 was duly and
regularly passed and adopted by the said City Council at a
regular meeting thereof held on February 15 1994 .
It! /
City • -rk
City # 7 Rancho Palos Verdes
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