Loading...
Resolution 1981-84 . /. , ~ . . ~ RESOLUTION NO. 81-84 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING AS AN AMENDMENT TO THE PERSONNEL RULES AND REGULATIONS A POLICY ON SEXUAL HARASSMENT AND A COMPLAINT PROCEDURE. WHEREAS, after study, the Personnel Commission and staff has prepared and recommended adoption of a policy on sexual harassment and a complaint procedure for the City of Gilroy, and good cause appearing therefor, NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Gilroy approves the following policy guidelines and procedure as an amendment to the personnel rules and regulations and adopts the same to apply in the City of Gilroy: POLICY ON SEXUAL HARASSMENT Title VII of the Civil Rights Act of 1964 provides that it shall be an unlawful discriminatory practice for any employer, because of the sex of any person, to discharge without just cause, to refuse to hire, or otherwise to discriminate against that person with respect to any matter directly or indirectly related to employment. Harassment of an employee on the basis of sex violates this federal law. To help clarify what is unlawful sexual harassment the Federal Equal Employment Opportunity Commission has recently issued guidelines on the subject. Those guidelines state that unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature will constitute unlawful sexual harassment when: 1. Submission to sexual conduct is an explicit or implicit term or condition of an individualts employment; 2. The submission to or rejection of sexual conduct by an individual is the basis for any employment decision affecting that individual; or 3. When sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature have the purpose or effect of unreasonably interfering with an individualts work performance or creates an intimidating, hostile, or offensive working environment. -1- RESOLUTION NO. 81...84 I ./ . . THE CITY OF GILROY STRONGLY DISAPPROVES OF ANY FORM OF SEXUAL HARASSMENT AT THE WORKPLACE, INCLUDING ACTS OF NON-EMPLOYEES. DISCIPLINARY ACTION WILL BE TAKEN PROMPTLY AGAINST ANY EMPLOYEE, SUPERVISORY OR OTHERWISE, ENGAGING IN UNLAWFUL SEXUAL HARASSMENT. COMPLAINT PROCEDURE 1. Any employee who feels he or she has been the victim of sexual harassment should contact the Personnel Director at City Hall (telephone 842-3191 ext. 205) within fourteen (14) days of the incident. This report can be oral or written, but a written and signed statement of the complaint must be submitted to the Personnel Director at City Hall by the complaining employee within three (3) days of the initial report so an investigation into the matter can proceed. 2. Upon receipt of the written complaint, the Personnel Director will contact the person who allegedly engaged in the sexual harassment, and inform him or her of the basis of the complaint and the opportunity to respond. That person will then have seven (7) days to respond to the complaint. 3. Upon receipt of the response, the Personnel Director will then render a report to the City Administrator, who will determine whether sexual harassment has occurred. Both parties will be notified of the City Administrator's decision. Either the complainant or the person alleged to have committed sexual harassment shall have the right to appeal the determination of the City Administrator to the Personnel Commission. Such appeal must be filed in writing with the Personnel Director within seven (7) days of notification of the City Administrator's determination. The Personnel Commission shall commence a hearing thereon at their next meeting. The hearing, open or closed at the option of the appellant, may be conducted informally and the rules of evidence need not apply. The hearing shall be conducted in the manner prescribed in the City Personnel Rules and Regulations for hearing of appeals in disciplinary matters, to include final action by the City Council. 4. If it is determined that appropriate disciplinary discharge will be taken. will be determined by the the offense. sexual harassment has occurred, action up to and including The severity of the discipline severity and/or frequency of -2- RESOLUTION NO. 81-84 J . . 5. An employee's failure to report the occurrence of sexual harassment within fourteen (14) days will be deemed a waiver of any City action. Failure to file a written complaint within three (3) days of the initial report will be considered a with- drawal of that report. If the person against whom the complaint of sexual harassment is filed fails to respond to the complaint within seven (7) days of notification, the complaint will be taken as true, and the appropriate disciplinary measures will be taken. PASSED AND ADOPTED this 21st day of September, 1981, by the following vote: AYES: COUNCILMEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PAGE, TAYLOR and GOODRICH COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE NOES: ABSENT: APPROVED: Z~ Mayor ATTEST: d2t.4. ~L ~. c;{~ / - . ty e -'3- RESOLUTION NO. 81-84 ~- . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 81-84 is an original resolution, duly adopted by the Council of the City of 21st Gilroy at a regular meeting of said Council held on the day of Se?tember 193~, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 25th day of September 19 ~J.