HomeMy Public PortalAbout19-1920 - Amending City Ordinance No. 16-1581 to Modify the Ninth and Tenth RecitalsORDINANCE NO. 19-1920
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA,
AMENDING CITY ORDINANCE NO. 16-1581 TO MODIFY THE NINTH AND
TENTH RECITALS THEREOF
WHEREAS, the City Council of the City of Carson ("City Council") adopted Ordinance No.
16-1581 in 2016 to establish a City-wide Discrimination and Harassment Prevention Policy by
Adding Chapter 11 (Discrimination and Harassment Prevention Policy) to Article II
(Administration) of the Carson Municipal Code; and
WHEREAS, the City Council has determined that the ninth and tenth recitals of said
ordinance should be modified, and now sees fit to do so.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The forgoing recitals are true and correct and are incorporated herein by
this reference.
SECTION 2. Ordinance No. 16-1581, "An Ordinance of the City of Carson, California
Establishing a City -Wide Discrimination and Harassment Prevention Policy by Adding Chapter
11 (Discrimination and Harassment Prevention Policy) to Article II (Administration) of the
Carson Municipal Code," is hereby amended to modify the ninth and tenth recitals of
the Ordinance, such that the recitals of the Ordinance shall read in their entirety as follows
(additions shown in bold italics, deletion-inStrikethrough):
"WHEREAS, Title VII of the Civil Rights Act of 1964 prohibits
employment discrimination based on an individual's race, color, religion, sex,
or national origin; and
WHEREAS, the California Fair Employment and Housing Act prohibits
employers from refusing to hire, discharging, or discriminating against
an individual in compensation or in terms, conditions, or privileges of
employment because of the race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status of the individual; and
WHEREAS, the California Fair Employment and Housing Act requires
employers to take all reasonable steps to prevent discrimination and
harassment from occurring in the workplace; and
WHEREAS, the City of Carson is committed to preventing discrimination
and harassment in the workplace; and
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WHEREAS, the City of Carson adopted an affirmative action plan with
Resolution 75-069, as amended by Resolution No. 83-008; and
WHEREAS, the City of Carson adopted Resolution No. 91-049 amending
Resolution No. 83-008 to adopt a procedure to resolve complaints of
employment discrimination by City employees and job applicants; and
WHEREAS, the City Manager adopted a sexual harassment policy and
statement on September 10, 1998; and
WHEREAS, the City Manager adopted a non-discrimination policy and
statement on September 10,1998; and
WHEREAS, the inrdependent Revert of lFiyestigatien of City y Clerk MR;
Bear —dated 5epzeaer 29T265 rpcamm that the City will
periodically review existing City policy to assure that there are anti -
harassment and anti -discrimination policies in place which are up to date,
made a part of the City's Standard Management Practice, and made applicable
to elected officials and staff to the extent they interact with one another with
City staff, and
endation of the
independent Report of Investigation of City Clerk Jim Dear, and apply anti -
harassment and anti -discrimination policies to not only the interactions of
elected officials with City staff, but also to apply anti -harassment and anti-
discrimination policies to interactions of staff and other staff, and elected
officials with other elected officials; and
WHEREAS, the City desires to prevent discrimination or harassment by
its officials, employees, volunteers, and contractors; and
WHEREAS, in order to prevent discrimination or harassment in the
workplace, the City has prepared a new Discrimination and
Harassment Prevention Policy; and
WHEREAS, the new and updated Discrimination and Harassment
Prevention Policy is intended to supersede, rescind, repeal and replace
prior discrimination and harassment prevention policies, as embodied in
Resolution No. 91-049 (amending Resolution No. 83-008) which adopted a
procedure to resolve complaints of employment discrimination by City
employees and job applicants, the sexual harassment policy and statement
adopted by the City Manager on September 10, 1998, and the non-
discrimination policy and statement adopted by the City Manager on September
10, 1998; and
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WHEREAS, the City met and conferred with the City's labor
organizations regarding the form and substance of the Discrimination
and Harassment Prevention Policy, and the City's labor organizations agreed
to the form and substance of the policy;"
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance, or the application thereof to any person or circumstances, is, for any reason,
held invalid or unconstitutional by any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any other provision or application, and
to this end the provisions of this ordinance are declared to be severable. The City Council
hereby declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared
invalid or unconstitutional.
SECTION 4. This Ordinance shall be in full force and effect thirty (30) days after its
adoption.
SECTION 5. The City Clerk shall certify to the adoption of this Ordinance, and shall
cause the same to be posted and codified in the manner required by law.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on this 19th
day of February, 2019.
APPROVED AS TO FORM: CITY OF CARSON:
ATTEST:
s
Donesia Gaus -Aldana, MMC, City Clerk
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STATE OF CALIFORNIA j
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON j
I, Donesia Gause-Aldana, City Clerk of the City of Carson, California, hereby attest to and certify that the
foregoing ordinance, being Ordinance 19-1920 passed first reading on the 7'h day of February, 2019,
adopted by the Carson City Council at its meeting held on the 19th day of February, 2019, by the
following roll call vote:
AYES: COUNCIL MEMBERS: Robles, Hicks, Davis—Holmes, Hilton, Dear
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Donesra Gause-Aldana, MMC, City Clerk
V-111"
ORDINANCE NO. 19-1920
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