Resolution 1982-106
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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
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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:
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ayor
ATTEST:
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RESOLUTION NO. 82-106
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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.
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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'