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Resolution 1982-106 ~ . . .~ RESOLUTION NO. 82-106 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AMENDING SEXUAL HARASSMENT COMPLAINT PROCEDURE WHEREAS, after study, the Personnel Commission and staff has prepared and recommended adoption of an amend- ment to sexual harassment 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 amended complaint procedure ~s an amendment to the personnel rules and regulations and adopts the same to apply in the City of Gilroy: COMPLAINT PROCEDURE 1. Any employee who feels that he or she has been the victim of sexual harassment should contact their supervisor, or a higher level of department management, or 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 supervisor or department manager to whom the complaint was submitted, and in all cases, 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. Such investigations shall be conducted consistent with any applicable procedures contained in the City's Personnel Rules and Regulations and Police Department General Order No. 80-1. 2. If, based upon the results of the investigation, the Personnel Director concludes that there is a basis for the complaint, the Personnel Director shall, after consulting as appropriate with the Department Head, propose disciplinary action either to the Department Head if the proposed action is a reprimand (Sec. IV, par. H of the Personnel Rules & Regulations), or to the City Administrator as appointing authority if the proposal is dismissal, suspension or demotion (Sec. IV, par. D of the Personnel Rules & Regulations). Such proposed action shall be communicated to the Employee alleged to have engaged in the unlawful harassment, and shall otherwise be handled and implemented in accordance with Sec. IV, par. D & H, and Sec. V of the Personnel Rules and Regulations. RESOLUTION NO. 82-106 ..... . ... . . 3. If a complaint for sexual harassment is directed against the Personnel Director, the City Administrator or his/her designee shall directly assume the functions delegated to the Personnel Director under this complaint procedure. If such complaint is lodged against the City Administrator, the City Council shall determine who shall be responsible for investigating and recommending action, if any. 4. 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 withdrawal of that report. PASSED AND ADOPTED this 7th day of September, 1982, by the following vote: AYES: COUNCILMEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH COUNCILMEMBERS : NONE COUNCILMEMBERS: NONE NOES: ABSENT: APPROVED: ?'~~~ ayor ATTEST: ~./A1~ :0 yd~ / ty e -2- RESOLUTION NO. 82-106 ------ . -- _..._----~~-,.._............_--~ . .. ... '" " .-- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 82-106 is an original resolution, duly adopted by the Council of the City of Gilroy adjourned at d regular meeting of said Council held on the 8th day of September , 19 ~, at which meeting a quorum was present. . ---.I , ~-_.- IN WITNESS WHEREOF, I have hereunto set my hand and affix:~1!~ Official Seal or the City of Gilroy this l4th day of September. , 19 ~. &t<1~'tp City Clerk of the C'