Resolution 1981-84
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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.
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RESOLUTION NO. 81...84
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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
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RESOLUTION NO. 81-84
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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:
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Mayor
ATTEST:
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RESOLUTION NO. 81-84
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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
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