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Home My WebLink About12/05/1989, C-2 - CITY OF SAN LUIS OBISPO SEXUAL HARASSMENT POLICY AIpNIIIII�IIII�IIlllllc�"J VJ of san lues oB�spo MEETING DATE: I�Nu►I u 12/5/89 7. COUNCIL AGENDA REPORT ITEM NUMBE - /J FROM: Ann McPike, Personnel Director SUBJECT: City of San Luis Obispo Sexual Harassment Policy CAO RECOMMENDATION: Adopt a resolution to establish a City Sexual Harassment Policy. BACKGROUND: Recent court cases and Federal law have pointed to a city's responsibility to establish a policy and provide training in the area of sexual harassment. Sexual harassment claims are on the rise and account for the majority of civil rights actions currently being taken against cities across the United States. It has become apparent that a policy should be adopted that will educate employees regarding the city's position and also establish a complaint procedure that is considered fair and impartial by all. Evidence of an effective, on-going program can serve as a defense if a city is named in such a suit. The City has presented several Sexual Harassment Training programs in the past for its employees; it is necessary, however, to provide training on an on-going basis. The City recently purchased a training program (in conjunction with the City of Morro Bay and Cal Poly) that will be presented to our employees as soon as possible after the Sexual Harassment Policy has been adopted. The new policy will be incorporated into the training. ALTERNATIVES: Option 1.: Adopt the attached resolution establishing a City Sexual Harassment Policy as proposed. Option 2 : Do not adopt a policy but provide Sexual Harassment Training to City employees. The training would provide employees with the basic information and we could establish some defense in a courtcase. This would not provide a consistent complaint procedure nor aid in a legal defense unless we could establish a valid reason for not having a policy. Option 3: Take no action in this area. This would leave the City in a very vulnerable legal situation should a sexual harassment charge be filed by anyone against the City. FISCAL IMPACT: The cost of implementing the policy is minimal. The cost of the training film and material was approximately $400. 00. The major cost will be the loss of approximately 3 hours of productivity per employee while they participate in the training. icity of san Luis oBispo WMRMO COUNCIL AGENDA REPORT City of San Luis Obispo Sexual Harassment Policy Page Two. CONCURRENCES: City Administrative Officer, City Attorney and Personnel Director concur with the recommendation. No department or employee association has expressed opposition. ACTION RECOMMENDED: Adopt the attached resolution establishing a City Sexual Harassment Policy. ACTION TAKEN: Approved As recommended As modified Denied Continued Vote: Attachments: 1 - Resolution 2 - Sexual. Harassment Policy ►IIInIIIII��IIIIIIIIII��IIIIIIiII� IIII city of sAn luis ®Bis po swim@ 990 Palm Street/Post Office Box 8100 • San Luis Obispo; CA 93403.8100 November 22, 1989 CITY COUNCIL PUBLIC HEARING NOTICE APPEAL OF ENVIRONMENTAL IMPACT DECLARATION CONSIDERATION OF TENTATIVE MAP - 124 HIGHLAND DRIVE Our records- indicate that your property is located near the subject property. You are,, therefore, being noticed that the San Luis Obispo City Council will consider an appeal of the Community Development Director's action granting mitigated negative declaration on environmental impact. for Minor Subdivision 89-016 located at 124 Highland Drive. If the appeal is denied, the Council will also consider a tentative map creating three lots from one lot at 124 Highland Drive. The report, including recommendation by staff, will be available for review in the City Clerk's Office (Room #1 of City Hall) on the Wednesday before the meeting. The meeting will be held on Tuesday, December 5, 1989, beginning at 7:00 p.m. in the Council Chambers of City Hall, 990 Palm Street. Other public hearings may be held before or after this item. The public is welcome to attend and comment and written comments are encouraged. For more information, please contact Jeff Hook, Associate Planner, in the Community Development Department at 549-7176. Pam Voges, City Clerk JU \i I(l'W14 I1011 •O M. i =I -- ccu HT_- MS 89-016 _ RECEIVE NOV 2 7198Y CITY CLERK SAN LUIS OBISPO,CA -- RESOLUTION NO. (1989 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A CITY OF SAN LUIS OBISPO SEXUAL HARASSMENT POLICY. WHEREAS, the City council and Management Team are desirous of adopting a Sexual Harassment Policy; and WHEREAS, the Personnel Department will use this Policy to enhance its Sexual Harassment Training; and WHEREAS, the Sexual Harassment Training program has been purchased by the Personnel Department; NOW, THEREFORE, BE IT RESOLVED that the City Council adopt the City of San Luis Sexual. Harassment Policy. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing Resolution .was passed and adopted this day of 1989. MAYOR ATTEST: r CITY CLERK Resolution No. (1989 Series) APPROVED: City dministrative Officer t n Personnel Director November 1989 CITY OF SAN LUIS OBISPO SEXUAL HARASSMENT POLICY It is the policy of the City of San Luis Obispo that all employees should be able to enjoy a work environment free from all forms of discrimination, including sexual harassment. In accordance with federal regulations requiring employers to adopt clear policies prohibiting sexual harassment in employment, the City Council has adopted the policy statement set forth in full below: Policy Against Sexa& Harassm nr: It is the policy of the ICity of San Luis Obispo that employees have a working environment free of unlawful discrimination. The -vork environment should be business-like and assure fair, courteous treatment for employees and the public we serve. Sexual harassment may constitute illegal sex discrimination and may violate both state and federal law. It is employee misconduct that could decrease work productivity, undermine the integrity of employment relationships, decrease morale and cause severe emotional and physical stress. All employees should be informed of the discrimination complaint process a-nd be assured of their right to file complaints without fear of reprisal. All employees, including supervisors and managers should be trained regarding behavior that constitutes sexual harassment. Employees should also understand the importance of reporting incidents promptly to assure that further incidents do not occur. The City Council expects City department heads to convey to their employees strong disapproval of sexual harassment. All employees including supervisors and managers should be clearly informed regarding behavior that constitutes sexual harassment or creates the perception of sexual harressment and the consequences of such actions. They should be aware that sexual harassment of another employee shall be grounds for disciplinary action. Definition of Sexual Harassment `Sexual harassment", as used in this policy includes any unsolicited and unwelcomed sexual overtures by any employee, supervisor, manager, or non-employee, be they written, verbal, physical, visual, whenever: o Submission is made either explicitly or implicitly a term or condition of employment; o -Submission or rejection by an employee is used as a basis for employment decisions affecting the employee; gr o Such conduct has the potential to affect an employee's work performance negatively or create an intimidating, hostile or otherwise offensive work environment. COMPLAINT PROCEDURE ' 1. Any employee who feels he/she has been the victim of sexual harassment should contact EITHER his/her supervisor, Department Head or Personnel Director as soon as possible as time is of the essence in investigating charges. This initial report can be oral or written, but a written and signed statement of the complaint must be submitted by the complaining employee within five (5) working days of the initial report so an investigation can proceed into the matter. The formal written complaint must cite the specific incident(s) as well as the desired resolution. The Personnel Director will advise the City Administrative Officer of the receipt of all written, sexual harassment complaints. 2. Upon receipt of the written complaint, the Personnel Department will conduct or refer to others an investigation of the charges, including contacting the person who allegedly :ngaged in the sexual harassment, informing him/her of the basis of the complaint and providing an opportunity to respond. 3. Upon completion of the investigation, the Personnel Department and Department Head will consult on what, if any, disciplinary action will be taken. Discipline will be imposed by the Department Head. Both parties will be notified of the action to be taken. The Personnel Director will advise the City Administrative Officer of the disposition of all sexual harassment complaints. 4. If is determined that sexual harassment occurred, appropriate disciplinary action, up to and including dismissal, will be taken. The severity of the discipline will be determined by the severity and/or frequency of the offense. 5. Disciplinary action taken under this procedure may be appealed with or without representation subject to appeal or grievance procedures indicated in the appropriate Memorandum of Agreement or Personnel Policy and Procedure. 6. An employee who is not satisfied with the disposition of the investigation may submit an appeal to the City Administrative Officer within ten (10) calendar days from receipt of the conclusion of the Personnel Director. CONFIDENTIALITY To the extent feasible, proceedings under this policy and all reports and records filed shall be confidential to the parties involved, and reasonable effort shall be made to protect the privacy interests of the parties. n -2- RESPONSIBILITY Emolovee: 1. If possible, politely but firmly confront whoever is doing the harassing. State how you feel about his/her actions and request that the person cease harassing you immediately. Document in writing the date, location and conversation for your own records. 2. If this does not resolve the concern (problem/situation) or if the employee.feels uncomfortable or threatened, report any act of sexual harassment to your immediate supervisor or Department Head or the Personnel Department, as provided in the complaint procedure. The choice is left up to the emnlovee. Supervisor/ Deoartment Head 1. Inform all employees under your direction of the City policy and complaint procedure regarding sexual harassment. 2. Receive complaints of sexual harassment from employees and immediately report any complaints of sexual harassment to the Per-onnel Department. 3. Confer with the Personnel Department on extent of investigation and discipline. 4. Following investigation, take appropriate action, including C' discipline as appropriate. ly Personnel Department 1. Conduct Sexual Harassment Training Programs for all City employees. 2. Assume responsibility for administration of the complaint procedure. 3. Receive and review any and all complaints. 4. Conduct or assist in investigation and consult with the Department Head on disciplinary action as may be appropriate. 5. Advise City Administrative Officer of the receipt and disposition of all sexual harassment complaints. 6. Prepare the documentation for the hearing before the City Administrative Officer. Administrative Officer 1. Assume responsibility for the administrative appeal process. 2. Conduct a confidential hearing as expeditiously as possible upon receipt of an appeal. \_ 3. Provide the employee with a written response within ten (10) calendar days from the conclusion of the administrative hearing. _3. v��