HomeMy WebLinkAboutAGENDA REPORT 1998 0415 CC REG ITEM 10DTO:
FROM:
DATE:
AGENDA REPORT
CITY OF MOORPARK
Honorable City Council
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CITY OF MOORPAR& CALiFORNLA
City Coumil Mating
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ACTION: Actoerec{ Resa. 0, .
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BY: ._.
Deborah S. Traffenstedt, City Clerk -_DS —I
April 7, 1998 (CC Meeting of 4/15/98)
SUBJECT: CONSIDER RESOLUTION NO. 98- ADOPTING COUNCIL POLICIES
AND RESCINDING RESOLUTION NO. 97 -1417
Background
On December 17, 1997, the City Council adopted Resolution No. 97-
1417, adopting Council policies. Corrections are required to delete
reference to Rebate of Assessments for Assessment District (AD) 84 -2
and AD 85 -1 (prior Section 2, Policy 2) and to update the Council
Standing Committee names and staff assignments (prior Section 7,
Policy 7).
Discussion
At the City Council's meeting on January 21, 1998, the Council
considered the termination of the Assessment District Rebate Program,
and determined that the rebate program would be discontinued after
the current year, because a special assessment district which
provides favorable treatment for persons with special needs is not
allowed pursuant to Proposition 218. The Council's adopted policies
need to be revised to delete reference to the rebate of assessments
for AD 84 -2 and AD 85 -1. Minor revisions to the policy on City
Council Standing Committees are also required to update the Committee
names and assigned staff.
A draft resolution is attached that shows with legislative format the
suggested revisions to policies. Policies have been renumbered to
reflect the deletion of the rebate of assessments policy.
Staff Recommendation
Adopt Resolution No. 98-
Attachment: Draft Resolution
DST Om\staff \cc4- 1598.res W(161.1
RESOLUTION NO. 98-
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MOORPARK, CALIFORNIA,
ADOPTING COUNCIL POLICIES AND
RESCINDING RESOLUTION NO. 97 -1417
WHEREAS, it is advantageous for the City Council to have a
compilation of its policies; and
WHEREAS, the City Council has directed that its policies be
compiled and adopted as a resolution; and
WHEREAS, on December 17, 1997, the City Council adopted
Resolution No. 97 -1417 adopting Council Policies; and
WHEREAS, the City Council has determined that a revision to
Policy 7, City Council Standing Committees, Assigned Staff, is
required;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE THAT COUNCIL POLICIES ARE HEREBY ADOPTED
TO READ AS FOLLOWS:
SECTION 1. POLICY 1 - STREET NAMING
All street names shall be approved by the City Council subject to
the concurrence of the County Fire Department. The following
criteria shall be used: North /South streets shall be designated as
avenues or roads; East /West streets as streets or drives; and cul-
de -sacs as circles, courts or places.
000 -ALA:
Resolution No. 98-
Page 2
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SECTION -32. POLICY -32 - REPAYMENT DOCUMENTS FOR VILLA
CAMPESINA DEFERRED LOANS
The City Manager is authorized to execute all deferred loan
repayment documents for Villa Campesina Affordable Housing
Development (Tract 4147).
SECTION 4 -. POLICY h - MEETING AND CONFERENCE EXPENSE
On various occasions it will be necessary for City Officials -
elected, appointed and staff to attend meetings outside the City or
County on City business. Such occasions fall basically into three
categories:
1. Meetings /Seminars /Training Sessions which do not require
overnight accommodations;
2. Conferences /Training Sessions requiring overnight
accommodations, or which require an expenditure exceeding
$250.00;
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NZ
ME -01010 Milli
SECTION -32. POLICY -32 - REPAYMENT DOCUMENTS FOR VILLA
CAMPESINA DEFERRED LOANS
The City Manager is authorized to execute all deferred loan
repayment documents for Villa Campesina Affordable Housing
Development (Tract 4147).
SECTION 4 -. POLICY h - MEETING AND CONFERENCE EXPENSE
On various occasions it will be necessary for City Officials -
elected, appointed and staff to attend meetings outside the City or
County on City business. Such occasions fall basically into three
categories:
1. Meetings /Seminars /Training Sessions which do not require
overnight accommodations;
2. Conferences /Training Sessions requiring overnight
accommodations, or which require an expenditure exceeding
$250.00;
(';0b6 13
Resolution No. 98-
Page 3
3. Travel for regular /special meetings.
A. Meetings /Seminars /Training Sessions (One day and return)
1. The cost of registration, meals, parking and
mileage are allowable City expenses. Attendance at
City expense shall be subject to the advance
approval of the City Manager.
2. An individual proposing to attend at City expense
shall file a rough -draft copy of the Claim for
Reimbursement of Travel Expenses with the City
Manager at least 24 hours prior to the date of
attendance.
3. The City Manager shall not approve such attendance
unless funds have been appropriated and are
available for the subject purpose.
4. Wherever possible, registration fees will be paid
in advance by the City. The individual attending
shall advance all other necessary costs.
5. Upon return to the City, the individual attending
shall complete the Claim for Reimbursement of
Travel Expense, in final form, and submit it to the
City Manager for reimbursement.
B. Conferences /Training Sessions (Requiring Lodging)
1. The cost of registration, lodging, meals, parking
and mileage are allowable City expenses.
Attendance at City expense shall be subject to the
advance approval of the City Manager, if funds have
been appropriated for the travel. Otherwise, it
shall require approval and an appropriation of
funds by the City Council.
2. The individual attending shall file a rough -draft
copy of the Claim for Reimbursement of Travel
Expenses with the City Manager, at least one week
prior to the City Council Meeting preceding the
date of the Conference /Training Session.
3. The City Manager shall determine whether funds have
been appropriated and are available for said
proposed expenditure and shall either
approve /disapprove the travel or refer to the City
Council and recommend attendance /non- attendance
Resolution No. 98-
Page 4
based on the availability of funds, proposed
content of the meeting and other meetings in the
same general subject area which may be scheduled
later during the budget year.
4. After approval by the City Manager or City Council,
staff will, if possible, make advance arrangements
to pay registration and lodging fees and to make an
advance payment in the amount not to exceed 1000 of
the balance of the estimated cost.
5. Upon return to the City, the individual attending
shall complete the Claim for Reimbursement of
Travel Expenses, in final form with supporting
receipts or cash tickets, and submit it within 10
days of their return to the City Manager for
reimbursement, or refund of any overage. Total
receipts for meals and associated tips will be
honored up to $50.00 per day based on the following
limits of $10.00 for breakfast, $15.00 for lunch
and $25.00 for dinner. Meals can be combined.
6. The traveler may receive a per diem allowance
for meals plus tips. The per diem allowance
shall conform to the currently allowed
Internal Revenue Service (IRS) allowance for
California cities. It shall be prorated when
appropriate.
7. When the individual attending an approved
conference is accompanied by his or her spouse or
another companion, the allowable cost for lodging
shall be only that which would be allowed if the
individual were traveling alone. The lodging and
all other expenses of the spouse or traveling
companion are personal and not reimbursable by the
City.
C. Staff Travel - Regular /Special Meetings
Staff assigned or directed by the City Manager to attend
area meetings, or special meetings which are scheduled
from time to time during the regular course of business,
shall be reimbursed for actual mileage, meals and other
appropriate expenses on an actual cost basis. Staff
members receiving a travel allowance will be reimbursed
for actual mileage for trips on City business outside of
the six county area (Santa Barbara, Ventura, Los Angeles,
San Bernardino, Riverside, and Orange) . Mileage will be
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Resolution No. 98-
Page 5
calculated from the City as point of departure to the
destination.
Mileage expense for the use of a personal vehicle for
travel shall be at the rate currently allowed by the
Internal Revenue Service provided, however, that the
total expense of said travel shall not exceed the
combined total of the round -trip air fare to the
destination, plus the private vehicle mileage expense to
and from the airport and appropriate parking fees.
Attendance at a special meeting, for which funds are not
appropriated, in Sacramento /Washington, D.C. or other
City at which attendance by the City of Moorpark is
deemed urgent, and which occurs at a time which precludes
advance approval by the Council as a whole, may be
authorized by the Mayor and one other member of the City
Council, subject to the ratification of the expense and
appropriation of funds at the next regular Council
Meeting.
D. Council and Commissioner Expenses
The travel and expense reimbursement of members of the
Council, the Planning Commission, and the Parks, and
Recreation Commission shall be governed by the same rules
contained in this policy with the following exception.
The certified Claim for Expense Reimbursement form shall
be reviewed and subject to the approval of the City
Council Budget and Finance Committee. If a member of the
Budget and Finance Committee submits a Claim for Expense
Reimbursement, it shall be subject to the approval of the
two most senior, by tenure, members of the City Council
who are not members of the Budget and Finance Committee.
SECTION -5.. POLICY REPORTS FROM APPOINTEES
1. Reports are required from appointees to the following:
Area Agency on Aging
Area Housing Authority
Moorpark Mosquito Abatement District
Ventura County Transportation Committee
Air Pollution Control District Advisory Committee
2. A report shall be required for each scheduled meeting of the
agency, authority, district, commission or committee and is
due in written form to the City Council five (5) days
following the meeting;
�t � A.
Resolution No. 98-
Page 6
In lieu of written report, an oral report may be presented to
the Council under the public comment portion of the next
regularly scheduled City Council meeting after the meeting of
the agency, authority, district, etc.
3. Where the City is represented by more than one person, the
appointees shall coordinate and collaborate their efforts so
only one report is presented to the Council.
4. If neither the appointee nor alternate is in attendance at a
meeting of the agency, authority, district, etc., or if the
meeting is canceled, that will be reported to the Council by
the appointee(s) as prescribed above.
SECTION � 551. POLICY 4&. - ADVERTISING AND APPOINTMENT
POLICY FOR CITIZEN APPOINTMENTS
TO BOARDS, COMMISSIONS AND
COMMITTEES
1. At the end of each calendar year, a list will be prepared and
posted at the Community Center and Library of all citizen
appointive positions and their expiring term of office as well
as any requirements for the position. The list shall remain
posted for the month of January.
2. Not later than one month prior to the expiring term of office
of a citizen appointee, the City will post a notice of the
expiring term and advertise in a newspaper of local
distribution for interested persons in the appointive
position.
3. Interested persons will be asked to submit a City Board,
Commission, and Committee Application.
4. When an unscheduled vacancy occurs on the Planning Commission
or Parks and Recreation Commission, notice will be posted in
compliance with the Maddy Act requirements.
S. The City Clerk shall maintain a resource list of citizens who
have expressed an interest in serving as appointees on
advisory boards, commissions and committees and will have them
complete an application.
The annual assessment district mailer will include a request
for persons interested in serving as a City Council appointee
to contact the City Clerk.
Resolution No. 98-
Page 7
6. A press release on every vacancy shall be prepared and sent to
the Moorpark Star and all other papers of local distribution
regarding an expiring or unscheduled vacancy.
7. The Moorpark Citizen -link Computer shall carry the yearly
appointment list and a request for communication with the City
Clerk in the event a citizen has an interest in being placed
on the appointee resource list.
8. A notice regarding every vacancy shall be cablecast on the
City's governmental and information channel (Channel 10) along
with the request for communication with the City Clerk in the
event a citizen has an interest in being placed on the
appointee resource list.
9. As per Government Code Section 40605, the Mayor shall make all
appointments to boards, commissions and committees.
10. The procedure for appointments shall be as follows:
A. The Mayor shall solicit suggested nominees from members
of the Council.
B. The Mayor shall make a motion putting forth a single name
to be approved for appointment.
C. A second shall be required.
D. The Council shall vote on each appointment individually.
SECTION - . POLICY � - CITY COUNCIL STANDING COMMITTEES
1. Standing Committees
The Council Standing Committees shall be:
Budget and Finance
.:::.:......................... :: :::.. .....:.::.:................ ::.:.::..:.. :.: :.:. C� ommunit Y Development ment
.
Economic Development, __________= ________j
Public Works, Facilities and Solid Waste
Transportation and Streets
Each committee shall consist of two Council members and a
designated alternate. One member of the Budget and Finance
Committee shall be the Mayor or Mayor Pro Tem. This does not
preclude both the Mayor and Mayor Pro Tem from serving on this
committee at the same time.
WCOAS
Resolution No. 98-
Page 8
2. Committee Appointments
With the approval of the majority of the members of the City
Council, the Mayor shall make all appointments to Standing
Committees of the City Council, including the designated
alternate. The appointments shall be made at the first
regularly scheduled meeting in January of each year.
3. Alternates to Committees
To avoid potential Brown Act violations of having more than
two City Councilmembers consider an item at the committee
level, each City Councilmember should determine (1) pursuant
to applicable provisions of the Political Reform Act, if a
potential conflict of interest exists (consult with the City
Attorney if necessary); 2) though there is no conflict of
interest under the Political Reform Act, there is a desire to
avoid an appearance of conflict; or 3) otherwise decides not
to participate. If a Councilmember should so determine/
decide, the City Councilmember shall contact the designated
alternate to serve in his /her place for that item. If the
City Councilmember determines /decides not to continue
participating after having been involved in Committee
discussions of a specific item, he /she should contact the City
Attorney to determine if the alternate can serve on the
Committee for that item. If an alternate has a conflict or
otherwise is not available, the Mayor shall serve or request
another City Councilmember to serve.
4. Ad Hoc Committee
Items shall be assigned to Standing Committees whenever
possible. If not so assigned, at the Mayor's discretion, an
Ad Hoc Committee shall be formed.
Ad Hoc Committees are not generally subject to the provisions
of the Brown Act unless composed of members other than less
than a quorum of the legislative body.
5. Assigned Staff
.. ...............................
... ...............................
Budget and Finance - y4'``tarh't City Manager
............
f .ord c Community Development - Director of
Community Development
Public Works, Facilities and Solid Waste
Director
Resolution No. 98-
Page 9
Transportation and Streets - Assistant te the Gity
r dks >>D s
The City Manager may designate an alternate and /or substitute
as determined necessary.
6. Meeting Schedule
A regular meeting schedule for Standing Committees shall be
approved by minute action of the City Council at the first
regularly scheduled meeting in January each year.
7. Agenda and Reports out of Committee.
The assigned staff person to a Council Committee will prepare
an agenda for the Committee meetings. In addition, the staff
person will provide action minutes to the full Council within
seventy -two (72) hours of the Council Committee meeting
showing the Committee's recommendation.
Concurrence with the staff's recordation of Committee
recommendations) to the full Council will be completed prior
to the adjournment of the Committee meeting in order to
accurately report to the full Council via the action minutes.
Action minutes will not formally be approved by the Committee.
8. Committee Assignments
The City Manager shall maintain a list of specific assignments
for each Standing Committee. The list shall be distributed to
the Mayor, City Council and City Staff each calendar quarter
(January, April, July and October).
9. Items Referred to Committee
Items may be referred to Committee from City Council
approved objectives; by the Council at a Council meeting;
by staff; or by an individual Councilmember.
10. Items Referred to the Full Council from Committee
A consensus of the Committee is required to send an item back
to the full Council. A consensus relative to a recommendation
on the item need not have been reached.
SECTION -&7. POLICY $ - PROCESS FOR PREPARATION OF
INITIAL DRAFTS OF ORDINANCES BY
CITY DEPARTMENTS (If the draft
00L0. 0-4®
Resolution No. 98-
Page 10
ordinance is initiated by the
Planning Commission or Parks &
Recreation Commission, the
process may deviate from that
outlined here.)
1. Step One - Staff confers with City Attorney at scheduled
meeting after first determining if City Manager wants to
participate. Staff to bring any sample ordinance to the
meeting.
City Attorney to determine lead time (Step One to Step Six)
except when the City Manager determines that staff priorities
or Council direction require adjustment of the lead time but
generally a minimum of 2 weeks in most instances will be
required -- possibly longer depending upon the length,
complexity of the ordinance and quality of the sample
ordinances. Agenda deadlines to be considered in determining
lead time. Schedule meeting on the first Wednesday afternoon
of the month by contacting the Executive Secretary.
2. Step Two - Staff confers with City Clerk for codification
determination and section number confirmation.
3. Step Three - Staff drafts the ordinance for content and format
and if necessary reviews with City Manager during the drafting
process.
4. Step Four - City Manager review of draft ordinance.
5. Step Five - Modem draft ordinance to City Attorney. Save as a
Word Perfect 5.1 document.
6. Step Six - City Attorney reviews for content and form; makes
changes in legislative format and returns draft ordinance,
making comments if required.
Management staff, to the Management Analyst and Associate
Planner level, who are authorized by the Department Head, may
seek input directly from the City Attorney.
7. Step Seven - Staff reviews changes made by City Attorney, if
any, and discusses with City Attorney and City Manager as
needed. Meeting with City Attorney to be scheduled meeting on
first Wednesday afternoon of the month.
8. Step Eight - Recognize and reconcile differences. If
differences can't be reconciled, talk to the City Manager, if
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Resolution No. 98-
Page 11
still unable to reconcile differences, write the staff report
to recognize the points of disagreement.
9. Step 9 - If needed, schedule public hearing after City
Attorney and City Manager have approved draft ordinance.
SECTION L1 . POLICY -9 - TEMPORARY USE PERMIT FEE
WAIVERS
1. Once each calendar year, a City of Moorpark organization
having non - profit status may apply for and be granted a
temporary use permit fee waiver for one event.
2. The Director of Community Development shall waive a Temporary
Use Permit Fee pursuant to this Policy after an eligible
organization has submitted a) a completed temporary use permit
application; b) a request for fee waiver; and c) proof of non-
profit status.
3. Examples for which Temporary Use Permits are issued are
special events such as Christmas tree sales, promotional
parking lot sales, church carnivals, Country Days and sidewalk
sales.
4. The Temporary Use Permit shall be issued for a single event of
less than thirty (30) consecutive days in duration.
SECTION 19. POLICY 1 - NON- PROFIT ORGANIZATIONS ANNUAL
FACILITY RESERVATION POLICY
1. Once each calendar year, a City of Moorpark organization
having a non - profit status, may reserve the Arroyo Vista
Recreation Center OR the Moorpark Community Center to hold one
(1) event with only direct staff costs being charged to that
organization.
2. Those events which qualify shall be of a nature whereby the
benefit of the event will serve the community and /or involve
all those City residents who are interested in this event.
Examples for which these procedures may apply include city-
wide events by Girl or Boy Scouts, service organization
events, including fund - raising activities, and special events,
such as Country Days, which have a direct benefit to City
residents.
3. Regular organizational meetings or activities shall not
qualify for this reduced fee.
OULZ
Resolution No. 98-
Page 12
4. Direct staff costs shall be defined as hourly staff costs,
including all personnel benefit costs required for the event.
5. The Director of Community Services shall waive the standard
rental fees pursuant to these procedures after an eligible
organization has submitted a) a completed Facility Reservation
Form; b) a request for fee waiver; and c) proof of non - profit
status.
6. One time events shall further be defined as an event for one
day per calendar year, not to exceed twelve (12) hours.
7. City staff shall maintain a record of each organization's
request for the one - time -event fee, and shall notify the
organization if they have already used their one - time -event
option within a calendar year.
SECTION 110'. POLICY 11.0. - GUIDELINES FOR THE USE OF THE
CITY'S SOCIAL SERVICES ACCOUNT
1. Each Councilmember and the City Manager is authorized to
expend funds as the need may arise and receive reimbursement
for said expenditures from the City's Social Services Account
up to an amount not to exceed $200 per occurrence when said
individual has made this determination.
2. When said expenditure is made, the individual will cause the
reimbursement request to be placed on the City Council's next
regular meeting agenda for approval by the City Council.
SECTION 13. POLICY 131! - REFUNDS FOR BUSINESS REGISTRATION
The City will not issue refunds for business registration permits.
SECTION 132. POLICY 1-3.2, - FLAG ETIQUETTE
1. The Flag of the United States of America and the Flag of the
State of California will be displayed at each municipal
facility which has an appropriate flagpole.
2. The National and State Flags are to be displayed daily from
the start of the business day through the close of the
business day during the normal work week. Flags may be flown
24 hours per day if appropriately lighted.
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Resolution No. 98-
Page 13
3. Flag etiquette allows the flag to be displayed during
inclement weather provided it is made of all weather material
(such as the flags the City uses). If it rains after raising
of the flag, the flag will remain on the pole. If it is
raining prior to raising the flag, the flag will not be
raised; however, it may be raised later, weather permitting,
and remain until close of the business day.
4. Flags will be flown at half -staff when ordered by the
President or the Governor of the State as follows:
President,
ex- President or
President elect
Vice President, the
Chief Justice or
retired Chief
Justice of the
United States or the
Speaker of the House
of Representatives
Associate Justice of
the Supreme Court; a
Secretary of an
executive or
military department;
a former Vice
President; or
Governor of a State,
territory or
possession.
Member of Congress
By order of the
President
By order of the
Governor; at the
death of any local
police officer
killed in the line
of duty.
30 days
10 days
Day of death to day of
interment
Day of death and day
following
Period to be
prescribed
Day of death to day of
interment
Resolution No. 98-
Page 14
5. Flags will be flown at half -staff from the day of death to the
day of interment for any currently seated Member of the City
Council or Member of the City Council Elect.
6. Flags will be flown at half -staff from the day of death to the
day of interment for any currently serving City Manager or
City Department Head.
7. Flags will be flown at half -staff from the day of death to the
day of interment for any City employee killed in the line of
duty.
8. When a flag is no longer fit for display, it will be
destroyed in a dignified way such as by an American Legion
Post at Flag Disposal Ceremonies on Flag Day (June 14) each
year.
9. It is the responsibility of the Community Services Department
or the service contractor of an offsite municipal building
(such as City Engineering /Building & Safety) to display the
National and State Flags at municipal facilities in
accordance with the pamphlet "Our Flag" published by the Joint
Committee on Printing United States Congress by authority of
House Concurrent Resolution 361, 100th Congress (includes
Title 36, Chapter 10 of the United States Code).
10. The City Manager or his designee is to determine at what
location(s) flags are to be flown 24 hours and for ceremonial
purposes.
SECTION 14 . POLICY 143. - CONFLICT OF INTEREST APPRAISAL
1. Conflict of Interest Appraisals shall be allowed as provided
below:
A. Two conflict of interest appraisals shall be allowed per
year per Councilmember.
B. One conflict of interest appraisal shall be allowed per
year per Planning Commissioner.
C. One conflict of interest appraisal shall be allowed per
year per for the City Manager.
D. One conflict of interest appraisal shall be allowed per
year for the Director of Community Development.
Resolution No. 98-
Page 15
2. The amount of funding for conflict of interest appraisals
shall be a budgetary consideration determined during the
budget process as the Council looks at actual projects that
are likely to be considered during the following fiscal year.
SECTION 1 -5. POLICY 1 -54. - SEXUAL HARASSMENT PURPOSE
The purpose of this policy is to define City policy with regard to
sexual harassment and to establish procedures to deal with sexual
harassment in the work place.
1. Policy
It is the policy of the City to promote and maintain a work
environment which is free from sexual harassment. The City is
committed to vigorously enforcing this policy. To this end,
guidelines which include disciplinary action including termination,
have been established to support this policy.
2. Procedure
A. Definition of Sexual Harassment
Unwelcome sexual advances (either verbal or physical),
requests for sexual favors and other verbal or physical
conduct of a sexual nature constitute sexual harassment when:
1. Submission to such conduct is either an explicit or
implicit term or condition for or of employment (e.g.,
promotion, salary increase, transfer, etc.); or
2. An employment decision is based on an individual's
acceptance or rejection of that conduct; or
3. The conduct has the purpose or effect of substantially
interfering with an individual's work performance, or
creating an intimidating, hostile or offensive work
environment.
4. Examples of such conduct include but are not limited to:
a. Unwanted sexual advances;
b. Visual conduct including but not limited to:
leering, making sexual gestures or movements,
displaying of sexually suggestive objects or
pictures, cartoons or posters;
000J�OE
Resolution No. 98-
Page 16
C . Verbal conduct including but not limited to: making
or using derogatory comments, epithets, slurs,
jokes, sexual advances or propositions;
d. 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, voice mail or
E -mail messages, or invitations.
e. Physical assaults of a sexual nature, such as,
rape, sexual battery, molestation, or attempts to
commit these assaults.
f. Intentional physical conduct that is sexual in
nature, such as, touching, pinching, patting,
grabbing, brushing against another's body, or
poking another's body.
B. Management Responsibility
Sexual harassment, whether committed by City supervisors or
employees, is specially prohibited as being unlawful and
against stated City policy. In addition, the City will not
tolerate sexual harassment of City employees by non - employees,
such as elected or appointed officials, volunteers, vendors or
members of the public.
C. Policy Implementation
1. It is the responsibility of Administrators, Department
Managers, Supervisors and employees to make sure that
their facility or facilities are in compliance with this
Policy. All employees are accountable for compliance.
2. Employees who have complaints or who witness sexual
harassment must report such conduct using the complaint
procedure outlined in D. below.
3. It is the responsibility of the City's Assistant City
Manager /Personnel Director to provide guidance,
investigate charges of impropriety and recommend
appropriate action. All complaints must be investigated.
The City Manager and City Attorney will provide guidance
and assistance in proper handling of any allegations.
D. Complaint Procedure
o1if
Resolution No. 98-
Page 17
Any employee who believes that the actions or words of a
supervisor, co- worker, or non - employee such as elected or
appointed official, volunteer, vendor or member of the public,
constitute unlawful harassment, has a responsibility to act,
report or complain as soon as possible, in accordance with the
policy set forth below. The procedure identifies actions an
employee may take and establishes the persons with whom an
employee may appropriately report allegations of sexual
harassment.
1. Any employee who believes he or she is being harassed
should politely but firmly confront the harassing party
and demand that the behavior or action cease immediately.
If practical, the complaining employee should have a
witness present for the discussion and should document
the date, the content of the discussion and the harassing
party's response and reaction.
2. The employee should report any instance of unlawful
harassment to his /her supervisor or manager.
3. If the complaint involves a manager or supervisor, the
employee can go directly to the Assistant City
Manager /Personnel Director.
4. If the complaint involves the Assistant City
Manager/ Personnel Director, the complainant shall report
the complaint directly to the City Manager.
5. If the complaint involves the City Manager, the
complainant shall report the complaint to the Assistant
City Manager /Personnel Director.
6. Investigation of the complaint will normally include
conferring with the parties involved, apparent witnesses
and the City Attorney. All involved employees shall be
guaranteed an impartial and fair investigation.
7. If the investigation reveals that the complaint is valid,
prompt attention and disciplinary action designed to stop
the harassment immediately and to prevent its recurrence
will be taken.
E. Non - retaliation
1. The City recognizes that the question of whether a
particular action or incident is a purely personal,
social relationship without a discriminatory employment
effect requires an impartial determination based on all
01 0CG S
Resolution No. 98-
Page 18
facts in this matter. Any employee bringing a sexual
harassment complaint or assisting in the investigation of
such a complaint in good faith will not be adversely
affected in terms and conditions of employment, nor
discriminated against or discharged because of the
complaint.
2. A record of a sexual harassment complaint brought in good
faith will not be included in the employee's personnel
file if the complaint is found to be unwarranted after
conducting an investigation. If a complaint is found to
be a malicious false accusation, the employee who brought
forth the complaint will be subject to disciplinary
action.
SECTION 1� This Council Policies resolution shall be
updated from time to time as needed but not less often than
following each General Municipal Election beginning in 1998. The
revised resolution will be presented to the City Council for review
and adoption.
SECTION 14.. Resolution 97 -1417 is hereby rescinded.
PASSED AND ADOPTED THIS th day of , 1998.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk