1991/11/12 City Council Resolution (5)RESOLUTION NO. 91- 226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ESTABLISHING A 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 Art (Government Code Sec. 12940).
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 Policy is to establish a strong commitment to
prohibit harassment in employment, to define discrimination harassment and
to set forth a procedure for investigating and resolving internal complaints
of harassment.
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 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 described in the defintion of harassment set forth below.
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.
III. DEFINITION:
Harassment includes, but is not limited to:
1. Verbal Harassment - For example, epitaphs, derogatory comments or
slurs on the basis of race, religion, color, national origin, ancestry,
handicap, disability, medical condition, marital status, sex, sexual
preference or age. This might include inappropriate sexually oriented
comments on appearance, including dress or physical features or racially
oriented stories.
2. Physical Harassment - For example, 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 or age. This could be conduct in the form of
pinching, grabbing, patting, propositioning, leering or making explicit or
implied job threats or promises in return for submission to physical acts.
3. Visual Forms of Harassment - For example, derogatory 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 or age.
4. Sexual Favors - Unwelcomed 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.
IV. COMPLAINT PROCEDURE:
A. Filing: An employee or job applicant who believes he or she has
been harassed may make a complaint orally or in writing with any of the
following:
1. Immediate supervisor.
2. Any supervisor within
3. Department head.
4. City Manager.
or outside of the department.
Any supervisor or department head who receives a harassment complaint
shall notify the City Manager immediately.
B. Upon notification of a harassment complaint, the City Manager shall:
1. Authorize the investigation of the complaint and supervise and /or
investigate the complaint. The investigation will include interviews
with: 1) the complaintant; 2) the accused harasser; and 3) any other
persons the City Manager has reason to believe have relevant knowledge
concerning the complaint. This may include victims of similar conduct;
2. Review factual information gathered through the investigation to
determine whether the alleged conduct constitutes harassment; 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 incidents occurred;
3. Report the results of the investigation and the determination as to
whether harassment occurred to appropriate persons including to the
complaintant, the alleged harasser, the supervisor, and the department
head. If discipline is imposed, the discipline will not be communicated
to the complaintant;
4. If harassment occurred, 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;
5. Take reasonable steps to protect the victim and other potential
victims from further harassment;
6. Take reasonable steps to protect the victim from any retaliation as
a result of communicating the complaint.
7. If appropriate, take action to remedy the victim's loss, if any,
which resulted from the harassment.
V. DISSEMINATION OF POLICY:
All employees, supervisors and department heads shall be sent copies of
this Policy.
BE IT FURTHER RESOLVED that this Resolution supercedes and replaces
Resolution No. 84 -115.
DULY AND REGULARLY ADOPTED this 12th day of November, 1991.
CITY OF ROHNERT PARK
CITY Mayor
A
ATTEST:
i"
Deputy City C1
HOLLINGSWORTH
AYE HOPKINS
AYE REILLY AYE
SPIRO AYE
ECK AYE
AYES: -.L
NOES: --.a-
ABSENT
ABSTAIN
0