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HUMAN RESOURCES
• INTEROFFICE MEMORAND
AGENDA ITEM
to: Honorable Mayor and Members of the City Council
from: Dottie Wallace, Human Resources Manager/Personnel ff r
via: Rick Cole, City Manager(LC lJ
date: November 2, 1998
subject: City of Azusa Harassment Policy and Complaint Procedure
RECOMMENDATION: Adopt the attached City of Azusa Harassment Policy and Complaint
Procedure to replace the Administrative Policy Regarding Harassment adopted on October 19, 1992.
BACKGROUND: On October 19, 1992,Council adopted an Administrative Policy Regarding Harassment
to comply with Federal and State legislation regarding unlawful harassment. Since that time new
legislation and court cases have outdated our policy, and it is more critical than ever that the City have
a current, up-to-date policy and that each employee have a copy of the policy.
The attached proposed policy was developed to bring the City in compliance with the law and to define
unlawful harassment more clearly. The proposed policy also provides consistency with the harassment
policy developed and implemented by the Police Department. It was discussed at management staff
meetings, and all bargaining units were invited to provide input. In addition, it has been reviewed by City
Attorney Bill Floyd (Labor Relations), Best Best & Krieger.
It is important that employees have a clear understanding of the City's commitment to preventing
discrimination and harassment in the workplace. And, on November 4, 1998, city-wide training is
scheduled to orient employees to the new policy and to educate and provide employees up-to-date
information on unlawful harassment.
FISCAL IMPACT: $4,000 savings
Training employees regarding unlawful harassment is not only an important step to educating employees
with regard to the City's commitment that conduct, attitudes and behavior based on sex/race-role
stereotyping are prohibited but also reduces the City's liability. The Independent Cities Risk Management
Authority (ICRMA) has granted the City $4,000 to assist with the cost of training to reduce the City's
potential liability in this area.
attachment: Proposed Harassment Policy and Complaint Procedure
c: Bill Floyd, City Attorney(Labor Relations), Best Best Krieger
Independent Cities Risk Management Authority
A 1 z
•
CITY OFAZUSA
g Harassment Policy and Complaint Procedure
1. PURPOSE
The purpose of this policy to set forth the City of Azusa's strong commitment to prohibit unlawful harassment in
employment,describe unlawful harassment, and to set forth a procedure for preventing, reporting, investigating,
and resolving complaints of unlawful harassment as described below.
2. POLICY STATEMENT
The City of Azusa is committed to providing a work environment where respect for the individual is encouraged
and safeguarded and where employees in positions of authority treat all employees on their merits and without
regard to their sex or protected status. Harassment of an applicant, client, or employee by a supervisor,
management employee, or co-worker on the basis of race, religious creed, color, national origin, ancestry,
handicap,disability,medical condition,marital status,sex,or sexual orientation is unlawful,unacceptable and will
not be tolerated.
a. Application
This policy applies to all terms and conditions of employment, including but not limited to hiring, placement,
promotion, disciplinary action, layoff, reinstatement, transfer, leave of absence, compensation and training.
b. Consequences for Policy Violation
If it is determined that the complaint of harassment is founded, immediate and appropriate disciplinary action
will be taken up to and including termination consistent with the procedures of the City of Azusa Rules of the
Civil Service System. Disciplinary action shall be consistent with the nature and severity of the offense.
Retaliation against a person for filing a harassment charge or making a harassment complaint is prohibited.
Employees found to be retaliating against another employee shall be subject to disciplinary action up to and
including termination.
Any department head,manager,or supervisor who engages in unlawful harassment or fails to take corrective
action to stop harassment will be subject to disciplinary action up to and including termination.
3. UNLAWFUL HARASSMENT DEFINED
Unlawful Harassment may consist of offensive verbal,physical,or visual conduct when such conduct is based on
or related to an individual's sex and/or membership in one of the above-described protected classifications,and:
a. Submission to the offensive conduct is an explicit or implicit term or condition of employment;
b. Submission to or rejection of the offensive conduct forms the basis for an employment decision affecting the
employee; or
c. The offensive conduct has the purpose or effect of unreasonably interfering with an individual's work
performance or creates an intimidating, hostile or offensive working environment.
4. PROHIBITED CONDUCT
Harassment which includes, but is not limited to, the following misconduct is a violation of City policy, State and
Federal law and is prohibited.
a. Verbal Harassment:
Verbal harassment may include the use of epithets;ridiculing,insulting,and/or derogatory comments or slurs
on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, medical condition,
marital status, sex, sexual orientation or age.
Harassment\Policy\1998\11-2-98 Harassment Policy Page 1 of 4 Approved by Council: 11-2-98
City of Azusa Harassment Policy and Complaint Procedure (continued)
Examples of verbal harassment include inappropriate sex-oriented comments about a person's appearance,
including dress or physical features;sexually explicit jokes;vulgar comments or jokes;or other such behaviors
that serves only to demean, offend, insult or antagonize another.
b. Physical Harassment
Physical harassment may include assault, impeding or blocking movement, the physical interference with
normal work or movement when directed at an individual on the basis of race, religious creed,color, national
origin, ancestry, handicap, disability, medical condition, marital status, sex, sexual orientation or age.
Examples of physical harassment might be in the form of touching, hitting, pushing, pinching, grabbing,
patting, leering, brushing against another's body; propositioning or making explicit or implied job threats or
promises in return for submission to physical acts or other such behaviors that serves only to demean,offend,
insult or antagonize another.
c. Visual Harassment
Visual harassment may include displaying derogatory photos,cartoons, posters,gestures, notices, bulletins
or drawings on the basis of race,religious creed,color,national origin,ancestry, handicap,disability,medical
condition, marital status, sex, sexual orientation or age.
d. Sexual Harassment
Sexual harassment may consist of any form of visual, verbal or physical conduct of a sexual nature or
unwanted, unwelcome (explicit or implicit)sexual advances. Sexual harassment can be committed against
persons of the opposite sex or same sex. Sexual harassment may exist when:
i. a supervisor initiates, offers, or demands sexual favors in exchange for job benefits.
ii. sexual harassment creates a hostile work environment in which the conduct is severe or pervasive
enough to unreasonably interfere with an employee's ability to perform his/her job.
iii. retaliation occurs against an employee for submitting complaints of alleged sexual harassment.
In addition to the above listed conduct, sexual harassment may include:
• Unwelcome sexual advances.
• Continued requests for dates.
• Making or threatening reprisals after a negative response to sexual advances.
• Propositioning an individual for sexual favors.
• Visual conduct:leering,making sexual gestures,displaying of sexually suggestive objects or pictures,
cartoons or posters.
• Verbal conduct: making or using derogatory comments, epithets, slurs, and jokes.
• Verbal abuse of a sexual nature, graphic verbal commentaries about an individual's body, sexually
degrading words used to describe an individual, suggestive or obscene letters, notes,or invitations.
• Physical conduct: touching, assault, impeding or blocking movements.
5. EMPLOYER RESPONSIBILITY
The City Manager,department heads,division managers,and supervisors have the duty and responsibility to take
affirmative steps, including disciplinary action, to maintain and promote a working environment that is free from
unlawful harassment, intimidation and coercion.
Where violations of this policy are found to have occurred,department heads,division managers,and supervisors
are required to take appropriate corrective action in accordance with applicable City of Azusa Rules of the Civil
Service System
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City of Azusa Harassment Policy and Complaint Procedure (continued)
6. EMPLOYEE RESPONSIBILITY
All employees should be familiar with the rights and obligations set forth in this policy and conduct themselves in
a manner consistent with this policy.
So that complaints can be quickly and fairly resolved, all employees should immediately report incidences of
unlawful harassment.
Any employee who observes an incident of harassment or other prohibited conduct, or who is identified as a
witness shall cooperate in any investigation. All employees are assured that they may cooperate in such
investigation without fear or retaliation or reprisal. Employees found to be retaliating against a complainant or
witness in an investigation will be subject to disciplinary action, up to and including termination.
Knowingly, falsely accusing someone of harassment or otherwise knowingly giving false information in an
investigation of harassment shall be grounds for disciplinary action,up to and including termination of employment.
7. COMPLAINT AND INVESTIGATIVE PROCEDURE
An employee who believes he or she has been harassed is encouraged to immediately make it known--directly
or indirectly--to that person that such conduct is unwelcome and/or inappropriate. However, there is no
requirement that the victim of harassment confront the harasser. A complaint may be made orally or in writing with
his or her immediate supervisor, any supervisor or manager within or outside the department, his or her
department head, or the Human Resources Manager. It is important to note that all complaints of unlawful
harassment will be addressed even if an employee requests that nothing be done about it.
a. The official who has been notified of the complaint may attempt to informally resolve it by counseling with the
individuals involved if those employees work for that official. The complaint and its informal resolution must
be documented by the official and forwarded to the Human Resources Manager or other designee of the City
Manager. If,after review of the documentation,the Human Resources Manager or other designee of the City
Manager concludes that further action or investigation is necessary, the Human Resources Manager or other
designee may initiate such action or investigation. If the complaint is not resolved informally,the official who
has been notified of the complaint will immediately notify the City Manager and Human Resources Manager
that a complaint has been filed. Upon notification of a harassment complaint, the City Manager shall
designate a representative to investigate the complaint. The designated representative will be the sole
person to conduct the investigation, subject to review by the City Manager or his/her designee.
b. The employee who has been accused of the unlawful harassment will be immediately notified by the assigned
representative that a complaint has been filed and directed to cease any conduct that may be perceived to
be unlawful harassment or of a retaliatory nature.
c. Written acknowledgment of receipt of the complaint will be forwarded to the complainant by the designated
representative.
d. Investigation of the complaint will include interviews with the:
i. complainant
ii. accused harasser
iii. any other persons the investigating party has reason to believe has relevant knowledge concerning the
complaint. This may include victims of similar conduct.
iv. All persons named as witnesses by the complainant provided they may possess relevant information.
e. All investigations will be handled with discretion,sensitivity and due concern for the dignity of those involved.
To the extent possible, all complaints and related information will remain confidential except as to those
individuals who need the information to investigate, evaluate or take action in response to the complaint.
Harassment\Policy\1998\11-2-98 Harassment Policy Page 3 of 4 Approved by Council: 11-2-98
City of Azusa Harassment Policy and Complaint Procedure (continued)
Information may also be disclosed in connection with a disciplinary action or other legal proceedings arising
out of a harassment complaint.
f. All investigations will be as thorough as necessary and include a review of the factual information gathered
through the investigation to determine whether the alleged conduct constitutes harassment; giving
consideration to all factual information, the totality of the circumstances, including the nature of the verbal,
physical, visual or sexual conduct and the context in which the alleged incidents occurred.
g. The designated representative will report the results of the investigation and the determination as to whether
harassment occurred to the City Manager for review. If harassment occurred, prompt and effective remedial
action against the harasser will be taken which is commensurate with the severity of the offense.
h. Appropriate persons, including the complainant,the alleged harasser, the supervisor the department head,
Human Resources Manager and City Manager will be notified of the results of the investigation. If discipline
is imposed, the discipline will not be communicated to the complainant.
i. The employee's department head, division manager and immediate supervisor will be responsible to ensure
that reasonable steps are taken to protect the victim from any retaliation as a result of communicating the
complaint.
j. The employee's department head, division manager and immediate supervisor will be responsible to ensure
that reasonable steps are taken to protect the victim from further harassment.
k. If appropriate, take action to remedy the victim's loss, if any,which resulted from the harassment.
I. Employees may expect a timely resolution of all complaints.
Federal and State Regulatory Judicial Action
Employees who have been harassed have the right to file complaints with state and/or federal regulatory agencies
and/or in state or federal court. Time limits for filing complaints with regulatory agencies may vary and employees
should check directly with those agencies for specific directions.
The federal and state regulatory agencies may be contacted at the following address:
Equal Employment Opportunity Commission(Federal) Department of Fair Employment and Housing (State)
255 E.Temple Street,4th Floor 322 West 1st Street, Room 2126
Los Angeles, CA 90012 Los Angeles, CA 90012
800-669-4000;213-894-1000 800-884-1684
CONCLUSION
Employees who have questions about the rights and obligations set forth here may contact his or her supervisor,
the department head, or Human Resources Manager.
attachment: State of California, The Department of Fair Employment and Housing,
Sexual Harassment is Forbidden by Law(DFEH-185)
Harassment\Policy\1998\11-2-98 Harassment Policy Page 4 of 4 Approved by Council: 11-2-98