HomeMy WebLinkAboutCity Council - 2005-24 RESOLUTION NO. 2 0 0 5-2 4
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH EXTENDING APPLICATION
OF ADMINISTRATIVE REGULATION NO. 412 PERTAINING TO
HARASSMENT IN EMPLOYMENT POLICY TO ELECTED AND APPOINTED
CITY OFFICIALS
WHEREAS, the City has adopted Administrative Regulation No. 412 prohibiting
harassment in the workplace, said policy pertaining to City employees; and
The City Council of the City of Huntington Beach is desirous of extending the policy to
itself and the various boards, commissions, and committees,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
Section 1. That the City's adopted Harassment in Employment policy covers the
members of the City Council,the boards, commissions and committees of the City.
Section 2. That the members of the City Council and the various boards,
commissions and committees acknowledge receipt of the policy upon assuming duties to be
performed for the City.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 2._day of March , 2005.
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REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Ad inistrator C, y Attorn y 1 �15
INITIATED AND APPROVED:
Director of Administrative Services
05resokc sexual/3/8/05
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ADMINISTRATIVE REGULATION
low Office of the City Administrator
Number: 412
Sections: 1-8
Effective Date: March 1, 1991
Revised Date: October 5, 1999
March 21, 2005
SUBJECT: Harassment in Employment Policy
1. Purpose:
1.1 To establish a City policy regarding the prohibition of harassment in the
workplace and/or while engaged in any activity on behalf of the City of
Huntington Beach.
1.2 To fully inform all elected officials, officers, members. of advisory boards,
commissions and committees of the City of Huntington Beach, employees,
department heads, managers, supervisors of the City, that any form of
harassment in the workplace will not be tolerated or condoned.
1.3 To inform elected officials, officers, members of advisory boards, commissions
and committees of the City of Huntington Beach and all City employees of their
rights if they believe they have been a victim of harassment and,
1.4 To provide a means for prompt reporting and a full and effective investigation of
all complaints and provide for remedial action against those who engage in
harassment as prohibited by this regulation.
2. Authority:
Section 401, Huntington Beach Charter. City of Huntington Beach Code of Ethics.
Title VII of the United States Civil Rights Act. Guidelines of the Equal Employment
Opportunity Commission and the California Fair Employment and Housing Act
Commission (Government Code subsection 12900-12940 et. seq. Fair Employment and
Housing Act).
State of California Department of Fair Employment and Housing Commission
28 Civic Center Plaza, Room 538
Santa Ana, CA 92701-4010
(714) 558-4159
3. Application:
This regulation applies to all elected officials, members of advisory boards,
commissions and committees of the City of Huntington Beach and all departments, and
employees of the City of Huntington Beach.
Administrative Regulation Page 2
Office of the City Administrator
4. Definition of Harassment. Harassment includes, but is not limited to:
4.1 Verbal Harassment — Epithets, derogatory comments, slurs and lewd
propositioning on the basis of race, religious creed, color, national origin,
ancestry, disability, medical conditions, marital status, sex, sexual orientation, or
age. Examples include, but are not limited to, inappropriate sexually-oriented
comments on appearance, including dress or physical features, or race-oriented
stories and jokes.
4.2 Physical Harassment - Assault, impeding or blocking movement, or any physical
interference with normal work or movement when directed at an individual on the
basis of race, religious creed, color, national origin, ancestry, disability, medical
conditions, marital status, sex, sexual orientation, or age. Examples include, but
are not limited to, pinching, grabbing, patting, propositioning, leering, or making
explicit or implied job threats or promises in return for submission to physical
acts.
4.3 Visual Forms of Harassment— Derogatory posters, notices, bulletins, cartoons or
drawings on the basis of race, religious creed, color, national origin, ancestry,
disability, medical conditions, marital status, sex, sexual orientation, or age.
4.4 Sexual Favors — Unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature which is conditioned upon an
employment benefit, unreasonably interferes with an individual's work
performance or creates an offensive work environment. By definition, sexual
harassment is not within the course and scope of an individual's appointment
and/or employment with the City of Huntington Beach.
4.5 Definition of Employee - An employee shall be defined as any individual,
regardless of classification, employed by the City of Huntington Beach, person
providing services pursuant to a contract, or volunteers working under the
supervision of the City.
5. Policy:
Harassment of an applicant or employee by an elected official, officer, member of
advisory boards, commissions and committees of the City of Huntington Beach,
management employee, supervisor or co-worker on the basis of race, religious creed,
color, national origin, ancestry, disability, medical conditions, marital status, sex, sexual
orientation, or age is prohibited and will not be tolerated.
This policy applies to all terms and conditions of employment, including but not limited
to hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of
absence, training opportunities, and compensation. The policy also applies to outside
contractors, customers, and constituents.
AR412
Administrative Regulation Page 3
Office of the City Administrator
Employees who violate this Policy will be subject to disciplinary action, up to and
including termination from employment. Any official found to be in violation of this
Policy may be subject to censure by the City Council. Any member of an advisory
board, commission, or committee found to be in violation of this Policy may be subject
to dismissal from appointment.
6. Responsibility:
The City Administrator, department heads and their designated representatives shall be
responsible for implementation of this policy against harassment in the workplace.
A copy of this Policy shall be provided to all elected officials, officers, members of
advisory boards, commissions and committees of the City of Huntington Beach and all
City employees.
A copy of the information sheet on sexual harassment prepared by the Department of
Fair Employment and Housing is available to all elected officials, officers, members of
advisory boards, commissions and committees of the City of Huntington Beach and all
City employees upon request.
The Human Resources Manager shall make available upon request information from
the Department of Fair Employment and Housing and the Equal Employment
Opportunity Commission about filing claims of discriminatory harassment with these
entities.
A copy of this Policy shall appear in any publication, which sets forth the comprehensive
rules, regulations, procedures, and standard of conduct for employees.
All City officials, officers, members of advisory boards, commissions and committees of
the City of Huntington Beach and all City employees shall receive periodic training on
this Policy.
Supervisors and manager shall take corrective action up to and including
recommending termination from employment, if they learn of a subordinate employee
who is violating this Policy.
7. Complaint Procedure:
An employee who has been harassed on the job should inform his/her employer, its
agents or supervisors or the Human Resources Manager of the alleged harassment.
The employee may first notify any of the following persons: his/her supervisor, his/her
department head, the City Administrator. These officials will treat the complaint
confidentially and immediately forward any written complaint to the Human Resources
Manager for investigation and action.
AR412
Administrative Regulation Page 4
Office of the City Administrator
To accommodate the unique nature of harassment complaints, a process is provided for
the primary purpose of resolution of a complaint at the earliest possible date. Elements
of this process are as listed below.
Upon notification of a complaint, the Human Resources Manager will:
7.1 Inform the complainant of his/her right to initiate a complaint.
7.2 Notify the appropriate department head of the complainant and authorize the
investigation of the complaint and supervise and/or investigate the complaint. All
investigations should be conducted as confidentially as possible and will include
interviews with:
A. The complainant.
B. The alleged harasser.
C. Any other persons the Human Resources Manager has reason to believe have
relevant knowledge concerning the complainant, such as witnesses and victims
of similar conduct.
D. Review factual information gathered through the investigation to determine
whether the alleged conduct constitutes harassment, giving consideration to all
factual information including the nature of the verbal, physical, visual or sexual
circumstances surrounding the conduct and the circumstances in which the
alleged incidents occurred.
7.3 Report the results of the investigation and the determination, as to whether
harassment occurred to appropriate persons including the complainant, the alleged
harasser, the supervisor, department head, and the City Administrator.
7.4 If it is determined that harassment occurred, recommend to the appointing
authority the appropriate disciplinary and remedial action to be taken. The
appropriate action will be commensurate with the severity of the offense and will be
communicated to the complainant/victim.
7.5 Reasonable steps will be taken to protect the victim and other potential victims
from further harassment.
7.6 Reasonable steps will be taken to protect the victim from any retaliation, as a result
of communicating the complainant.
7.7 Appropriate action will be taken to remedy the victim's loss, if any, which resulted
from the harassment.
AR412
Administrative Regulation Page 5
Office of the City Administrator
8. Dissemination of Policy: This Policy will be disseminated to all elected officials, officers,
members of advisory boards, commissions and committees of the City of Huntington
Beach and all managers, supervisors, and employees.
1 have read and understand the Harassment in Employment Policy, AR 412. 1
understand that harassment in the workplace on the basis of race, religious creed,
color, national origin, ancestry, disability, medical conditions, marital status, sex,
sexual orientation, or age will not be tolerated by the City of Huntington Beach.
Date:
(Signed)
Printed Name:
C—�CL��&
enelo a Culbreth-Graft, City Administrator
AR412
Res. No. 2005-24
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN FLYNN, the duly elected, qualified City Clerk of the City
of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the
City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the 21st day of
March, 2005 by the following vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
ABSTAIN: None
Ci Clerk and ex-officiooqerk of the
City Council of the City of
Huntington Beach, Califomia