HomeMy WebLinkAboutReso 120-1986RESOLUTION NO. 120-86
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SOUTH SAN FRANCISCO
EXPRESSING ITS POLICY OF NONDISCRIMINATION
BE IT RESOLVED that the City Council of the City of South San Francisco
adopts the following policy statement against discrimination on the basis of
age, sex, race, religion, ethnic or national origin, and physical handicap in
the City of South San Francisco workplace.
The City of South San Francisco is committed to providing a work environ-
ment that is free from unlawful discrimination as set forth above. In keeping
with this commitment, the City maintains a strict policy prohibiting unlawful
discrimination, including sexual harassment. Such discrimination in the work-
place or in the conduct of employment or other personal practices of the City
will not be condoned, and such conduct on the part of any employee of the City
will result in the taking of immediate and appropriate corrective action, in-
cluding disciplinary action if warranted.
BE IT FURTHER RESOLVED that the City Manager is hereby directed to develop
procedures for the implementation of this policy, such procedures to include
but, not be limited to:
(1) Dissemination of this policy to all employees of the City of
South San Francisco;
(2) The education of employees as to what constitutes unlawful discrimina-
tion and the kinds of behavior which must be avoided;
(3) The development of a procedure for the reporting, investigation,
and timely resolution of complaints of discrimination; and
(4) The provision of training to all City employees, but most
particularly to management and supervisory employees, on
the legal considerations and practical consequences of
discrimination, methods of taking preventative action,
and techniques for the investigation and resolution of
discriminatory situations.
I hereby certify that the foregoing Resolution was regularly introduced
and adopted by the City Council of the City of South San Francisco at a
reqular meeting held on the 25th day of June , 1986 , by
the fol 1 owing vote:
AYES:
NOES:
ABSENT:
COuncilmembers Mark N. Addiego, Richard A. Haffey,
Gus NicolOpulos; and Roberta Cerri Teglia
None
Councilman John "Jack" Drago
ATTEST: it~y Clerk~~
EXHIBIT TO RESOLUTION NO. 120-86
PROCEDURES FOR DISCRIMINATION COMPLAINTS
II
I. INFORMAL PROCEDURE
All employees of the City may consult with the City's Coordinator of
Labor Relations at any time concerning any complaint which the employee
feels may involve issues of discrimination on the basis of age, sex,
race, religion, ethnic or national origin, or physical handicap without
resorting to the City's formal Grievance Procedure. {Rule 14 of the
Personnel Rules and Regulations.) Such information will be held in
complete confidence until the employee agrees on a course of action
with the Coordinator of Labor Relations. In such cases, discretion will
be used and supervisory retribution will not be permitted.
FORMAL PROCEDURE
The resolution of in-house discrimination complaints will be conducted
in accordance with the following procedures:
Complaints must be presented to the Coordinator of Labor Relations
in writing. The written statement must include the complainant's
name, division, department, position, basis of the discriminatory
complaint and the names and positions of City employees involved
in the complaint.
(2)
As soon as practicable following receipt of a written complaint,
the Coordinator of Labor Relations will meet wi th the employee
to review the allegations outlined in the charge to insure that
charges are accurately stated and fully understood. During this
initial conference, the basis of the complaint should be clearly
defined. If appropriate, courses of action for an expedient
resolution of the complaint will be jointly developed by the
Coordinator of Labor Relations and the complainant.
(3)
If the Coordinator of Labor Relations determines that there are
no issues of discrimination on the basis of age, sex, race,
religion, ethnic or natural origin, or physical handicap involved
in the subject grievance, the Coordinator of Labor Relations will
so inform the employee in writing.
(4)
In the event that the Coordinator of Labor Relations determines
that a formal investigation is warranted, the Coordinator of Labor
Relations shall conduct a full investigation of the Complaint.
Such an investigaton will include interviews with all parties
named by the complainant as wholly or partially responsible for
the alleged discriminatory acts and the review/analysis of rele-
vant Personnel records and employee statistics. Such investiga-
tion shall be completed as soon as practicable.
(5)
(6)
(7)
(8)
III.
Upon completion of the investigation, the Coordinator of Labor
Relations shall present a written determination as to the vali-
dity of the complaint to the Deputy City Manager for Community
Development and Administration together with a recommendation
for corrective action to be taken, if any. Within fifteen 115)
working days following the receipt of this report, the Deputy
City Manager for Community Development and Administration shall
issue a determination based upon a review of the record and this
determination may include a directive to take corrective action.
Corrective action may include counseling, warning, or the initia-
tion of disciplinary procedures. Established statutory and City
procedures shall be used in the event the administrative review
results in a decision that disciplinary action is necessary.
If the complainant is dissatisfied with the decision of the
Deputy City Manager of Community Development and Administration,
she/he may submit a written request for reconsideration to the
City Manager within fifteen (15) working days of receipt of the
determination of the Deputy City Manager for Community Develop-
ment and Administration.
Within fifteen (15) working days of receipt of the employee's
request for reconsideration, the City Manager shall issue a final
determination. The final determination of the City Manager shall
be final and binding as to the City's internal procedures. The
complainant and other persons essential to the review of the
complaint will be provided a copy of the final determination.
A. SUPPLEMENTAL POLICY
(1)
This policy is intended to supplement, and not replace, any
applicable state and federal laws and regulations. Formal
complaints under those laws and regulations shall be pro-
cessed through the procedures established by state and
federal agencies.
B. SUPPLEMENTAL DEFINITION OF SEXUAL HARASSMENT
(1)
For purposes of this policy, sex discrimination includes
sexual harassment. Sexual harassment occurs when unwelcome
sexual advances, requests for sexual favors, and other verbal
or physical conduct of a sexual nature:
(a) is made either explicitly or implicitly a term or condi-
tion of an individual's employment;
(b) is used as a basis for employment decisions affecting
such individual; or
(c)
has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an
intimidating, hostile, or offensive working environment.
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Examples of Sexual Harassment
(2) For the purpose of further clarification, sexual harassment
includes, but is not limited to:
(a)
Making unsolicited written verbal, physical and/or
visual contact with sexual overtones. (Written examples
include, but are not limited to: suggestive or obscene
letters, notes, or invitations. Verbal examples include,
but are not limited to: derogatory comments, slurs,
jokes, or epithets. Physical examples include, but
are not limited to: assault, touching, impeding, or
blocking movement. Visual examples include, but are
not limited to: leering, gestures, display of sexually
suggestive objects or pictures, cartoons, or posters.)
(b)
Continuing to express sexual interest after being in-
formed that the interest is unwelcome. (Reciprocal
attraction is not considered sexual harassment.)
(c)
Making reprisals, threats of reprisal, or implied threats
of reprisal following a negative response. For example,
within the work environment either implying or actually
withholding support for an appoinl~nent, promotion, or
change of assignment, suggesting a poor performance re-
port will be prepared, or suggesting probation will be
failed.
(d)
Within the work environment, engaging in implicit or ex-
plicit coercive sexual behavior which is used to control,
influence, or affect the career, salary, and/or work en-
vironment of another employee.
(e)
Offering favors or employment benefits, such as promotions,
favorable performance evaluations, favorable assignments,
favorable duties or shifts, recommendations, reclassifi-
cations, or the like, in exchange for sexual favors.
(Reference Section 703 of Title VII of the United States Civil Rights Act,
as interpreted by the United States Equal Employment Opportunity Commission,
29 CFR 1604.11; and Section 7287.6 of Title 2 of the California Administrative
Code.)
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