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Home My WebLink About27-18 Harassment Training ordinance o4/pUTH 8��\ City of South Bend (574) 235-9321 Fax (574) 235-9173 U +� TDD 574 235-5567 rsACt / Common Council http://w�v-,v.southbendin.gov 441 Counts-City-Building• 227 W. Jefferson Blvd wC ��■ South Bend, Indiana 46601 '_1865_.% Tim Scott June 20, 2018 Filed in Clerk's Office President Oliver Davis JUN 20 2018 Vice-President South Bend Common Council 4th Floor, County-City Building KAREEMAH FOWLER Gavin Ferlic South Bend, IN 46601 CITY CLERK,SOU_TH BEND, IN Chairperson, Committee of the Whole Re:Substitute Bill No. 27-18 Regarding an Ordinance to Require Periodic Sexual Tim Scott Harassment Awareness and Prevention Training for all City of South Bend First District Employees, all City of South Bend Elected Officials, and certain Appointed Officials Regina Williams-Preston of the City of South Bend Second District Sharon L. McBride Third District Dear Council Members: Jo M. Broden I am attaching the proposed substitute Bill No. 27-18, which amends the Municipal Fourth District Code to require period sexual harassment awareness and prevention training for all employees, elected officials of the City of South Bend and certain appointed Jake Teshka officials.The original Bill had first reading on June 11, 2018, and second and third Fifth District readings and public hearings are scheduled for June 25, 2018. Oliver Davis O iv District The substitute Bill addresses several questions raised subsequent to the filing of the original Bill, including several issues raised by the City Administration through Gavin Ferlic the City's legal department.The substitute Bill incorporates many of the issues At Large raised in those discussions, and suggestions made by the City's legal department John Voorde In summary,the revisions contained in the substitute Bill reflect the following: At Large Karen White 1. The substitute Bill removes the proposed Ordinance from the South Bend At Large Human Rights Ordinance as originally proposed, and adds a new section to Section 2, Article 8 of the Municipal Code dealing with City officers and employees. Upon careful reflection, I believe that the proposed Ordinance more appropriately fits with other Ordinances addressing the rights and obligations of City Officers and employees. 2. Subsection (a) of the proposed Ordinance clarifies the definition of "employee" to include all regular full and part-time employees, and officials appointed by the City of South Bend Administration or the South Bend Common Council if those appointed officials receive separate compensation , UTH �� City of South Bend (574) 235-9321 U \ Fax(574) 235-9173 aV Common Council TDD (574) 235-5567 PEACE http://www.southbendin.gov 441 Counts--City-Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 I865� from the City for the appointed positions. The appointed officials who are not separately compensated by the City of their appointed positions are encouraged to attend non- supervisory training sessions, but are not required to do so. The revised definition of "employee" excludes interns and seasonal, or temporary, personnel. 3. Subsection (c) clarifies the definition of"supervisory employee" as generally including any full or part-time employee with authority to hire, fire, demote, promote, transfer, or discipline an employee. 4. Subsection (f) addressing the topics to be covered in the training program is revised to eliminate possible redundancies. 5. Subsection (g) has been revised to eliminate the requirement that the Department of Human Resources shall annually report the names of any City employee who fail to timely complete the training program. 6. Finally, subsection (i) changes the time requirement for training new employees from sixty days to six months after the employment begins. I request that this substitute Bill be accepted by the Committee for Personnel and Finance on June 25, 2018, and submitted for second and third readings and public hearing at the Council meeting later that evening. Thank you for consideration. Sincerely Yours, 44-40- Oliver Davis,Jr. South Bend Common Council Member, District 6 Filed in Clerk's Office JUN 20 2018 SUBSTITUTE BILL NO. 27-18 KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 2, ARTICLE 8 OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW SECTION 2-125.2 TO REQUIRE PERIODIC SEXUAL HARRASSMENT AWARENESS AND PREVENTION TRAINING FOR ALL CITY OF SOUTH BEND EMPLOYESS AND CERTAIN APPOINTEES. STATEMENT OF PURPOSE AND INTENT Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964, 42 U.S.0 2000e et seq. and the Indiana Civil Rights Law, Ind.Code 22-9- 1-2 et seq. Recent events across the nation have demonstrated that sexual harassment in the workplace remains a significant problem with devastating effects on its victims. It is the intention of the City of South Bend to require its employees and elected and appointed officials to receive periodic training regarding sexual harassment awareness and prevention. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section 1. Chapter 2, Article 8, is amended to add new Section 2-2-125.2 to read as follows: Sec. 2-125.2 Sexual Harassment Awareness and Prevention Training for City of South Bend Elected and Appointed Officials and Employees In order to promote a culture of respect, dignity, and equal employment opportunity in the workplace, City of South Bend employees shall complete periodic sexual harassment awareness and prevention training. (a) For the purposes of this section, "employee"refers to all regular full and part-time City of South Bend employees, including all directors, supervisors, officials, and all elected officials or officials appointed by the City of South Bend Administration or the South Bend Common Council if those appointed officials receive separate compensation from the City for the appointed positions. Appointed officials who are not separately compensated by the City for an appointed position are encouraged to attend the non-supervisory training sessions, but are not required to do so. "Employee" under this section does not include seasonal or temporary personnel. (b) The Department of Human Resources shall prepare and implement a program to provide, on a periodic basis, sexual harassment awareness and prevention training to City employees as defined above. (c) Each supervisory employee is required to complete a minimum of two hours of interactive sexual harassment awareness and prevention training every two calendar years. "Supervisory employees" for purposes of this Section will be identified by employee's Department and Human Resources, and generally includes any full or part-time employee with authority to hire, fire, demote,promote,transfer, or discipline an employee. (d) Each full or part-time non-supervisory employee is required to complete a minimum of one hour of sexual harassment awareness and prevention training each calendar year. (e) The training required by this section shall provide department heads, directors, supervisors, officials, and all full and part-time employees with the knowledge and skills needed to address instances of workplace harassment. This includes information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment in employment. The training shall also include practical examples aimed at instructing employees in the prevention of harassment, and shall be presented by trainers or educators with knowledge and expertise in the prevention of harassment. (f) The sexual harassment awareness and prevention training shall, at a minimum, include the following topics: (1) Definition of sexual harassment and examples of types of conduct that meet the definition; (2) The manner in which an individual can report an allegation of sexual harassment, including making a report to a supervisor, manager, or Human Resources; (3) The legal prohibition against retaliation against anyone who reports a sexual harassment allegation; (4) Information regarding the consequences of sexual harassment as well as the consequences for knowingly making a false report of sexual harassment; (5) Strategies to prevent sexual harassment in the workplace; (6)An explanation about the limited confidentiality of the complaint process; (7) Resources for victims of harassment; (8)The employer's obligation to conduct an effective workplace investigation of a harassment complaint and to take appropriate remedial measures to correct harassing behavior; (9)A supervisor's obligation to report any complaints of sexual harassment, of which they are aware, to the appropriate person in an effort to resolve the claim internally; (10) For supervisor training, what the supervisor should do if he or she is personally accused of harassment. (g) The Department of Human Resources shall maintain a record of employee compliance with the training requirements. (h) The training required by this section shall begin in calendar year 2019. (i) Beginning January 1, 2019, the training required by this section shall be completed by any new employee within six months after the employment begins. SECTION H. This Ordinance shall take effect on January 1, 2019 after passage by this Common Council, approval by the Mayor, and any publication required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana this day of , 2018. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend, Indiana on the day of , 2018, at o'clock_. m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of ,2018, at_o'clock .m. Pete Buttigieg,Mayor City of South Bend, Indiana s°uT" 8 City of South Bend p p (574)235-9321 Fax(574)235-9173 �wPEACE Common Council TDD (574)235-5567 r �I http://www.southbendin.gov 441 County-City Building• 227 W.Jefferson Blvd 1865 South Bend,Indiana 46601 Tim Scott June 6,2018 Filed in Clerk's Office President _ Oliver Davis JUN 0 6 2018 Vice-President South Bend Common Council 4t''Floor, County-City Building KAREEMAH�"�}WLER Gavin Ferlic CITY CLERK,SOUTF1 BEND,LN Chairperson,Committee South Bend,IN 46601 — µ __-_ _ of the Whole Tim Scott First District Re:An Ordinance of The Common Council of The City of South Bend, Indiana, Amending Chapter 2, Article 9 of The South Bend Municipal Code to Add Section 2- Regina Williams-Preston 131.1 to Require Periodic Sexual Harassment Awareness and Prevention Training Second District for all City of South Bend Employees, all City of South Bend Elected Officials, and Sharon L.McBride all City of South Bend Appointed Officials Third District Jo M.Broden Dear Council Members: Fourth District I am filing the attached proposed amendment to the Human Rights Ordinance.The Fifth District David Varner proposed amendment provides for mandatory, periodic sexual harassment Fif awareness and prevention training for all employees, elected and appointed officials Oliver Davis of the City of South Bend. The amendment adds Section 2-131-1 to Chapter 2, Sixth District Article 9 of the South Bend Municipal Code.A similar bill has already been Gavin Ferlic approved by the State of Indiana. At Large I am filing this ordinance for first reading by the Common Council on June 11, 2018 John Voorde with second and third readings in public hearing scheduled for June 25,2018. At Large Thank you for your consideration. Karen White At Large Sincerel r . Oliver Davis,Jr. South Bend Common Council Member,District 6 Filed in Clerk's Office Bill No. 27-18 JUN 0 6 2018 KAREEMAH FOWLER ORDINANCE NO. CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,AMENDING CHAPTER 2,ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE TO ADD SECTION 2-131.1 TO REQUIRE PERIODIC SEXUAL HARASSMENT AWARENESS AND PREVENTION TRAINING FOR ALL CITY OF SOUTH BEND EMPLOYEES,ALL CITY OF SOUTH BEND ELECTED OFFICIALS, AND ALL CITY OF SOUTH BEND APPOINTED OFFICIALS STATEMENT OF PURPOSE AND INTENT Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964, 42 U.S.0 2000e et seq. and the Indiana Civil Rights Law, Ind.Code 22-9- 1-2 et seq. Recent events across the nation have demonstrated that sexual harassment in the workplace remains a significant problem with devastating effects on its victims. It is the intention of the City of South Bend to require each of its employees and elected and appointed officials to receive periodic training regarding sexual harassment awareness and prevention to assist the South Bend Human Rights Commission in fulfilling its powers and duties under Sec. 2-131 of the South Bend Municipal Code NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 2, Article 9, is amended to add Section 2-131.1 to read as follows: Sec. 2-131.1 Sexual Harassment Awareness and Prevention Training for City of South Bend Elected and Appointed Officials and Employees In order to assist the South Bend Human Rights Commission in fulfilling its powers and duties related to employment discrimination based on sex, each employee of the City of South Bend shall complete periodic sexual harassment awareness and prevention training. (a) For the purposes of this section, "employee"refers to all City of South Bend employees, including all directors, supervisors, officials, and interns,both paid and unpaid and all elected or appointed officials. (b) The Department of Human Resources shall prepare and implement a policy to provide, on a periodic basis, sexual harassment awareness and prevention training to all City employees. (c) Each supervisory employee is required to complete a minimum of two hours of interactive sexual harassment awareness and prevention training every two calendar years; (d) Each non-supervisory employee is required to complete a minimum of one hour of sexual harassment awareness and prevention training each calendar year. (e) The training required by this section shall provide department heads, directors, supervisors, officials, and all employees the knowledge and skills needed to address instances of workplace harassment. This includes information and practical guidance regarding the Federal and State statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment and remedies available to victims of sexual harassment in employment. The training shall also include practical examples aimed at instructing employees in the prevention of harassment, and shall be presented by trainers or educators with knowledge and expertise in the prevention of harassment. (f) The sexual harassment awareness and prevention training shall, at a minimum, include the following topics: (1) Definition of sexual harassment and examples of types of conduct that meet the definition; (2) The manner in which an individual can report an allegation of sexual harassment, including making a confidential report to a supervisor or someone with Human Resources authority within the City and how to file a complaint with the South Bend Human Rights Commission; (3) The legal prohibition against retaliation against anyone who reports a sexual harassment allegation; (4) Information regarding the consequences of sexual harassment as well as the consequences for knowingly making a false report of sexual harassment; (5) Remedies available for sexual harassment victims in civil actions and potential employer or individual liabilities; (6) Strategies to prevent sexual harassment in the workplace; (7)An explanation about the limited confidentiality of the complaint process; (8)Resources for victims of harassment; (9) The employer's obligation to conduct an effective workplace investigation of a harassment complaint and to take remedial measures to correct harassing behavior; (10)A supervisor's obligation to report any complaints of sexual harassment, of which they are aware, to the appropriate person in an effort to resolve the claim internally; (11) Information on how to prevent abusive conduct; (12) What the supervisor should do if he or she is personally accused of harassment; (g) The Department of Human Resources shall maintain a record of employee compliance with the training requirements and shall annually report the names of any City employee who fails to timely complete the sexual harassment awareness and prevention training to the Common Council of the City of South Bend and to the office of the Mayor. (h) The training required by this section shall begin in no calendar year 2019. (i) Beginning January 1, 2019, the training required by this section shall be completed by any new employee within sixty days after the employment begins. SECTION II. This Ordinance shall take effect upon passage by this Common Council, approval by the Mayor, and any publication required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana this day of , 2018. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2018, at o'clock M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2018, at o'clock .m. Pete Buttigieg, Mayor City of South Bend, Indiana