HomeMy WebLinkAbout18 - Adoption of City's Discrimination and Harassment Prevention Policy - Staff MemoCITY OF NEWPORT BEACH
HUMAN RESOURCES DEPARTMENT
Barbara J. Salvini, Human Resources Director
MEMORANDUM
DATE: September 13, 2016
TO: Honorable Mayor & Members of the City Council
FROM: Dave Kiff, City Manager
Barbara Salvini, Human Resources Director
RE: Consent Calendar September 13, 2016, Agenda Item 18: Inserting
a Resolution to Adopt the City's Discrimination and Harassment
Prevention Policy
Following clarification from City Attorney's Office, it was determined that a resolution by
the City Council was necessary to adopt or amend a uniform personnel policy. In order
to take action on Agenda Item 18, it is recommended the City Council adopt Resolution
No. 2016 - _ (Exhibit A), amending Resolution No. 2001-100, adopting revisions to
the City's Discrimination and Harassment Prevention Policy. Attachment A of Agenda
Item 18, which is the complete revised policy, is incorporated within the Resolution.
Submitted by:
Barbara Salvini
Human Resources irector
100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92660 (P.O. Box 92658-8915)
Telephone: (949) 644-3300 • Fax: (949) 644-3305 • www.newportbeachca.gov
Exhibit A
RESOLUTION NO. 2016-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
RESOLUTION 2001-100, ADOPTING A REVISED
DISCRIMINATION AND HARASSMENT PREVENTION
POLICY
WHEREAS, Section 2.28.020 of the Municipal Code provides that, upon the
recommendation of the City Manager, the City Council shall adopt by resolution, uniform
personnel policies,
WHEREAS, the City Council of the City of Newport Beach previously adopted
Resolution No. 2001-100, establishing a comprehensive set of personnel policies
through the Employee Policy Manual, including certain appendices;
WHEREAS, Appendix A of the Employee Policy Manual establishes the City's
policy against discrimination and harassment in the workplace;
WHEREAS, changes in State and Federal law have redefined harassment and
discrimination and expanded protections under the law; and
WHEREAS, to continue to comply with law, and as a statement of its ongoing
commitment against discrimination and harassment, the City Council of the City of
Newport Beach desires to amend Resolution No. 2001-100 and revise Appendix A of
the Employee Policy Manual.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby amend Resolution No. 2001-100 and
replaces the prior Appendix A of the Employee Policy Manual with Attachment A
(Discrimination and Harassment Prevention Policy).
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this resolution. The
City Council hereby declares that it would have passed this resolution, and each
section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
Resolution No. 2016 -
Page 2 of 2
Section 4: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly.
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this day of , 20
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachment(s): City of Newport Beach Discrimination and Harassment
Prevention Policy