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2007/07/10 City Council Resolution 2007-117RESOLUTION NO. 2007-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK UPDATING AND REAFFIRMING THE CITY'S POLICY AGAINST HARASSMENT AND ESTABLISHING A COMPLAINT PROCEDURE WHEREAS, sexual harassment is prohibited by Title VII of the Civil Rights Act of 1964 (42 U.S.C. Sec. 200e -2(a)) and the California Fair Employment and Housing Act (Government Code Sec. 12940 (a), (h), and (i)). NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Rohnert Park hereby adopts the following policy and complaint procedure to enforce those provisions: I. PURPOSE The purpose of this resolution is to restate and reaffirm that the City will take all reasonable steps to prevent and prohibit harassment in the work environment. The purpose of this policy is also to define discrimination and harassment and to set forth procedures for investigating and resolving internal complaints. In addition to information contained within the written policy, the City will provide other informational materials (including, but not limited to, brochures and posters as recommended by the Department of Fair Employment and Housing). The City is committed to providing a workplace free of sexual harassment (which includes harassment based on gender, pregnancy, child birth, or related medical conditions) as well as harassment based on such factors as race; color, religion, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sexual orientation, gender identity, family care or medical leave status, or veteran status. The City strongly disapproves of and will not tolerate harassment of employees by managers, supervisors, co- workers, clients or vendors, City Council Members, and Board or Commission Members. II. POLICY - Harassment of an applicant or employee by a supervisor, management employee, or co- worker on the basis of race, religion, color, national origin, ancestry, handicap, disability, medical condition, marital status, sex, sexual preference, gender identity, or age 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, compensation and training. Disciplinary action, up to and including termination, will be instituted for behavior which the City determines to be in violation of this policy. Employees have the right to complain about harassment without fear of retaliation. Any retaliation against a person for filing a harassment charge or making a harassment complaint is prohibited. Employees found to be retaliating against another employee shall be subject to disciplinary action, up to and including termination. All employees, male, female, transgender, transsexual, and transvestite are protected from sexual harassment. All of these individuals may be victims of sexual harassment by harassers of any gender. Whether sexual harassment has occurred depends on the conduct alone, not on whether someone meant to harass someone else. Any retaliation against a person for filing a harassment charge, making a harassment complaint, or participating in an harassment investigation will not be tolerated and will be taken as seriously as harassment itself. Disciplinary action for retaliation, up to and including termination, will be instituted for known violations. III. DEFINITION - Harassment includes verbal, physical, and visual conduct that creates an intimidating, offensive or hostile working environment or that interferes with work performance. 1. Verbal Harassment — For example, making or using unsolicited and unwelcome derogatory epitaphs, comments, slurs, or jokes on the basis of race, religion, color, national origin, ancestry, handicap, disability, medical condition, marital status, sex, sexual preference, gender identity or age. This might include inappropriate sexually- oriented comments on appearance, including dress or physical features or racially - oriented stories; verbal sexual advances or propositions; making or threatening reprisals after a negative response to sexual advances. 2. Physical Harassment — For example, non - consenting touching, assault, impeding or blocking movement and /or the physical interference with normal work or movement when directed at an individual on the basis of race, religion, color, national origin, ancestry, handicap, disability, medical condition, marital status, sex, sexual preference, gender identity, or age. This could be conduct in the form of pinching, grabbing, patting, propositioning, leering, making sexual gestures, or making explicit or implied job threats or promises in return for submission to physical acts. 3. Visual Harassment — For example, sexually suggestive or obscene letters, notes, or invitations; displaying of sexually suggestive or derogatory objects, posters, notices, bulletins, cartoons, or drawings on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, medical condition, marital status, sex, sexual preference, gender identity, or age. Such verbal, physical, and visual conduct constitutes harassment when 1) submission to the conduct is made either in an explicit or implicit condition of employment; 2) submission to or rejection of the conduct is used as the basis for an employment decision; or 3) the harassment interferes with an employee's work performance or creates an intimidating, hostile or offensive work environment. IV. INTERNAL COMPLAINT PROCEDURE A. Any incident of harassment should be reported promptly to any of the following, either orally or in writing: Immediate Supervisor Any Supervisor within the department Department Head Human Resources Department City Manager /Personnel Officer Any supervisor or department head who receives a harassment complaint shall notify the City Manager /Personnel Officer immediately. The City emphasizes that an employee is not required to complain first to his or her supervisor if that supervisor is the individual who is harassing the employee. A. Upon notification of a harassment complaint, the City Manager /Personnel Officer or his/her designee shall: 1. Provide the complaintant, the accused harasser, and any other persons concerning the complaint with a copy of this resolution; 2. Authorize a full and effective investigation of the complaint and supervise and /or investigate the complaint. The investigation will be immediate, confidential, thorough, objective and complete and shall include interviews with 1) the complaintant; 2) the accused harasser and 3) any other persons the City Manager /Personnel Officer has reason to believe have relevant knowledge concerning the complaint. This may include victims of similar conduct. Although the City will take all reasonable efforts to maintain confidentiality for the benefit of both the complaintant and the accused, complete confidentiality cannot be guaranteed. The City must disclose the name of the complaining party to the accused in order to complete a full and fair investigation. However, to the fullest extent possible, the City will limit access to information contained in the complaint and discovered in the investigation process only to those persons who need it to complete the investigation or take appropriate remedial action; 3. Review factual information gathered through the investigation to determine whether a violation of this policy has occurred, giving consideration to all factual information, the totality of the circumstances including the nature of the verbal, physical, visual or sexual conduct and the context in which the alleged incident(s) occurred; 4. Promptly report the results of the investigation and the determination as to whether this policy has been violated to appropriate persons including to the complainant, the alleged harasser, the supervisor, the department head, and as appropriate to all others directly concerned. If discipline is imposed, the discipline will be communicated to the complainant, although the specific disciplinary action taken may not be communicated; 5. If a violation of this policy has been established, take and /or recommend to the appointing authority prompt and effective remedial action against the harasser. The action will be commensurate with the severity of the offense; 6. Take reasonable steps to protect the victim and other potential victims from further harassment; 7. Take reasonable steps to protect the victim from any retaliation as a result of communicating the complaint; 8. If appropriate, take action to remedy the victim's loss, if any, which resulted from the harassment. V. LEGAL REMEDIES AND COMPLAINT PROCESS THROUGH THE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING — Employees or job applicants who believe that they have been harassed may, within one year of the harassment, file a complaint of discrimination 'with the California Department 'of Fair Employment and Housing. The Department serves as a neutral fact - finder and attempts to help the parties voluntarily resolve disputes. If the Department finds evidence of harassment and settlement efforts fail, the Department may file a formal accusation against the employer and the harasser. The accusation will lead to either a public hearing before the Fair Employment and Housing Commission or a lawsuit filed on the complaintant's behalf by the Department. If the Commission finds that harassment occurred, it can order remedies, including up to $50,000 in fines or damages for emotional distress for each employer or harasser charged. In addition, the Commission may order hiring or reinstatement, back pay, promotion, and changes in the policies or practices of the involved employer. A court may order unlimited damages. For additional information, contact the Fair Employment and Housing Office Communications Center at 1- 800 - 884 -1684. VI. . DISSEMINATION OF POLICY — All employees, supervisors, department heads, City Council Members, City Board and Commission Members shall be provided a copy of this policy. BE IT FURTHER RESOLVED that this Resolution supersedes and replaces Resolution No. 98 -206. DULY AND REGULARLY ADOPTED this 10th day of July, 2007. CITY OF ROHNERT PARK �rt(#k�'CI'I'7'a W ATTEST: BREEZE: AYE MACKENZIE: AYE SMITH: AFFORD: AYE VIDAK- MARTINEZ: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)