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HomeMy WebLinkAboutSexual Harassment Policy - Direct City Attorney To Prepare D 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. I 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: act (Signed) Printed Name: �� Q�� /i '� s ✓ Penelope Culbreth-Graft, City Administrator 131a) —tYls 1ST -TPI!5'St�C IS —CYpr' —r-A25IF— Vv �co2 AR412 CITY OF HUNTINGTON BEA City Council Interoffice Communication To: Honorable City Council Members From: Connie Boardman, Mayor Date: October 13, 2003 Subject: H-Item, October 20th City Council Meeting - Sexual Harrassment Policy The City currently has a sexual harassment policy that applies to employees of the City. Administrative Regulation 412 describing this policy is attached. The City Council, and members of city boards, commissions, committees, & task forces do not currently fall under this policy. Since the City Council and the board, commission, committee & task force members interact with citizens and employees, I believe it is important that they be covered under the City's policy in this area. To that end, I am asking that the City Council request that the City Attorney prepare the appropriate documents to assure that the City Council and those who serve on City boards, commissions, committees and task forces are included under the City's sexual harassment policy. MOTION: The City Council requests that the City Attorney prepare appropriate documentation to assure that the City Council and all those who serve on a City board, commission, committee, or task force included under the City's sexual harassment policy. Xc: City Administrator City Clerk -71 o = =_ 1 r' T C Z? _r �J y r ' ADM IN1"'."')TRAiIVE REGULATION Z'MP4=34SEACH Office or the City Administrator Number: 412 Sections: 1_g Effective Date: March 1, 1991 Revised Date: October 5, 1999 SUBJECT: Harassment in Employment Policy 1. Puroose. 1.1 This Administrative Regulation is to establish a City policy regarding the prohibition or harassment in the work place and/or while engaged in any activity on behalf of the City of Huntington Beach. 1 .% This policy is to fully Inform all DepartrTe, t Heads, managers, supervisors and. employees of the City, that any form of harassment in the workplace will not be tolerated or condoned. 1 .3 To inform employees of their rights if the. believe they have been a victim of harassment and, 1 To provide a means for prompt reporting and full and eiiective Investigation c, complaints and provide� for remedial ac::cn acalnst those who engage In harassment as prohibited by this regulation. 2. ,\utnori��. Section 401 , Huntington Eeach City Charter. Title VII of the United States Civil Rights Act. Guidelines or the Equal Employr- ent Opportunity Commission and the Ca!ifornia Fair Employment and Housing Commis_ cn. A violation of this policy may not be a vitiation of State and/or Federal law. 3. Aoclication. This regulation applies to all depar-ments and employees or the City of Huntington Beach. 4. Definition or Harassment. Harassment can consist of virtually any form or combination of verbal, physical, visual or environmental conduct. It need not be explicit, nor even spec directed at the victim. Sexually harassing conduct can occur bet•Y�een people or the same or different cienders. Sexual "l;arassment may be quid pro duo or the result of a hostile work environment. Harassment includes, but is not limited to: 4.1 Verbal: Inappropriate or offensive remarks, S!urs, fakes, or Innuendoes based cn med race, religious creed, color, naticr;al cricin, c..cestri, physica! handicap, !c4l y Administrative Regulation ?ag2 Office of the City Administrator condition, marital status, sex, sexual orientation or age. This may include, but is not limited 'to: inappropriate comments regarding an individual's body, physical appearance, attire, sexual prowess, marital status, pregnancy, sexual orientation, unwelcome flirting, demands for sexual favors, verbal abuse, intimidation of.a sexual nature, or sexist, patronizing or ridiculing statements that convey derogatory attitudes about a'particular gender. 4.2 Phvsical: Inappropriate or offensive touching, assault or physical intererence with free movement when directed at an individual on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation or age. This may include, but is not limited to, kissing, pa`ting, lingering or intimate touches, grabbing, massaging, pinching, unnecessarily brushing aside or blocking another person, whistling or sexual gestures. Visual or N/Vritten: The display or circulation of offensive or derogatory visual or written material related to race, religious creed, color, national Origin, ancestry, physical handicap, medical Condition, marital status, sex, sexual orientation Or age. This may include, but is not limited to, posters, notices, bulletins, cartoons, drawings, graiiltl, reading materials, computer graphics Of electronic media transmission. c c Sexual Harassment: A. Quid pro quo occurs when subbmission to sexual conduct is explicitly cr Implicitly made a condition of a Job, a Job benefit or the absence .of a Joe detriment. B. Romantic or sexual relationships be-Neen supervisors and employees ar_e discouraged. There is an inherent imbaiance of power and potential for exploitation in such relationships. The relationship may Create an appearance Of impropriety and le-,--'; to charges Of, favoritism byotnef employees. A welcome romantic or sexual relationship may change, with the result that conduct that was once welcome, becomes unwelcome and harassing. 4.5 environmental Sexual Harassment: Wer.'< environment that is permeated with sexually oriented talk, innuendo, insults or abuse not relevant to the subject matter or the Jeb. A hostile environment can arise from an unwarranted focus on sexual topics or sexually suggestive statements. An environment may be hostile I, unwelcome sexual behavior is directed specifically at an individual or if an individual merely witnesses harassment in his or her immediate surroundings- The determination of whether an environment is hostile is based on the totality c' COndI=C[, [1e the Circ�'mStnces, Including such factors as the frequency of the e Administrative Regulation page J Office of the City Administrator severity of the conduct, whether the conduct is humiliating Or physically threatening, -and whether the conduct unreasonable interreres with an individual's work. 4.6 Definition of * Emolovee: An employee shall be defined as any individual, regardless of classification, employed by the City of Huntington Beach or volunteers working under the supervision of the City. 5. Policv. Harassment of an applicant or employee by a manager, employe, supervisor or c;:-worker on the basis of race, religious, creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation or ace is prohibited and will not be tolerated. All employees shall report any conduct, which Fits the definition of discriminatory harassment to any supervisor or the Personnel Director. 6. ReS0OnsibiIity. The City Administrator, Department Heads and their designate representatives shall be responsible for iri,^lem entation of this policy against harass e.^.t in the workplace and aii emplcvees shall coccerate With ar.v inv=stigaticn of any alleged act of discriminatory harassment. Comolaint Procedure. An employee Who has been harassed on the job should infor;n his/her employer, its agents or supervisors or the Personnel Director of the alleged, harassment. The employee may first notify- any of the following persons: his/her Super-`/isor, his/her departrnent he2C. the City A.-J;minlstrator. These oiilciaiS will treat the Complaint confidentially and Ifiimc^.lat:!;/ fci`TJafd cn;/ Viriti2n C-rnp{aim to th:e Personae! DlreCiOr. To acc3mmodat9 the unicue nature or 1har2ssm._=nt complaints, a process Is providec. for ii e 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 investigator ;riff: %.i UCtify the appropriate depart tment head 0.f the CCrlp12'lnt and authorize the investigation of the complaint and supervise and/or investigate the complaint. All investigations should be conducted as con:"dentially as possible and will include interviews with: The complainant. The alleged haraSSer. C. -'.ny other persons the Investigator roans reason to belleve have re!e`/ant ;Knowledge CCncerl'ling the Complain,:, such as witnesses and `j ctiimS 0' similar conduct. Administrative Regulation Page Office of the City Administrator g D. Review tactual information gathered through the investication to determine whether-the alleged conduct constitutes ;arassment; giving consideraicn 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. 7.2 Report the results of the investigation and any determination to appropriate persons. including the complainant, the alleged harasser, the supervisor, department head, Personnel Director and the City Administrator. 7.3 If it is determined that harassment occurred, recommend to the department head that appropriate disciplinary and remedial action be taken. The appropriate action will be commensurate with the severity of the offense. 7.A Reasonable steps will be taken to protect the victim and other potential victims from further harassment to include a follow-up within three months of any reported incident of discriminatory harassment to determine 1,vhe er ti,c victim has been subject to any further prohibited conduct. 7 Under no circurristance5 shall there be retaliation in any form . against an employee who has made a complaint of discriminatory harassment or who has cMvided informs ation as a witness to an incident of alleged harassment. . I iowever, employees can be notified that the Department has the right to tare disciplinary action acainst employees who make false claims with malice. 7.0 Accreoriate action will be taken to remiedy the victims loss, If a;;i, wi;ic'l resulted from the harassment. a. Dissemination or Policy. This regulation will be disseminated to III ma,nacers supervisors, and employees. Employees who have questions about their rights and oblications set forth herein should contact his/her department head, Personne! Director. etc. Ray Si ver uate City Administrator With my signature below, I acknowledge receipt of AR412 and have read its contents. Name (Print) Date Signature Title fJ 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. I 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: Penelope Culbreth-Graft, City Administrator i o x c a 3 N <� O cn N Op D z� V, N ir AR412 FWAdministrative Regulation Page 5 Office of the City Administrato. 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. I 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: ./ i (Signed) Printed Name: [ a CJ �U� j7L-,JdA Penelope Culbreth-Graft, City Administrator wo ,<5� Ite �h � AR412 CP r, 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: of (Sig d) oc 7r Printed Name: JJG�Q.riP /p , ,rQ .c, Penelope Culbreth-Graft, City Administrator AR412 nistrative Regulation Page 5 rice 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. 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: 4� (Signed) Printed Name: C'�yarCLES ltJ. ..�C'M/f/b Penelope Culbreth-Graft, City Administrator 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. I 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: Kgn Printed Name x Penelope Culbreth-Graft, City Administrator AR412 C--- I 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. 6�-�- zlt Date: (Sig Printed Name: Penelope Culbreth-Graft, City Administrator AR412 1 t 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. 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: (Signe ) Printed Name: �� 1�+ art Penelope Culbreth-Graft, City Administrator AR412 (D ��I 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. I 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: 1 It as (Signed) Printed Name: Penelope Culbreth-Graft, City Administrator U � U _1Ct� C� Q �ufCD _ t-3 �-%f t � o o N AR412