Item Coversheet

NEW BUSINESS  11.

COMMITTEE MEMORANDUM

TO: Neighborhood/Community Affairs Committee Members


FROM:
Jimmy L. Morales, City Manager


DATE: January 24, 2018


SUBJECT:DISCUSSION REGARDING THE CITY’S SEXUAL HARASSMENT POLICIES, PROCEDURES, AND TRAINING

ANALYSIS:

Sexual Harassment in the workplace has become prominent on the national stage with a wave of media, entertainment and political figures being accused of misconduct along with the emergence of what is being called the “Me Too Movement” encouraging victims of sexual harassment and misconduct to end their silence and come forward.

Attached is the City’s current Citywide procedure – HR. 16.04 Prohibited Discrimination and Harassment, adopted in December 2017, which addresses any form of harassment or discrimination based on race, color, sex, age, national origin, disability, religion, genetic information, marital status, political affiliation, sexual orientation, gender identity, or familial status. Further the procedure is broad and recognizes that harassment can occur in the digital environment as well. The procedure centralizes filing of complaints with the Human Resources Director. If another line supervisor or department manager receives a complaint, they must immediately forward the complaint to Human Resources. The procedure also guarantees non-retaliation for filing or assisting in the investigation of a complaint. Finally, the procedure clearly notes that the effects on employment, if found to have engaged in harassment or discrimination, is disciplinary action up to and including termination.
ANTI-SEXUAL HARASSMENT TRAINING
To train employees and prevent possible incidents, the City utilizes an e-learning system that provides for managing, deploying and tracking online training which is accessible to staff 24/7 via a web browser. Course offerings include the following required self-paced courses: Sexual Harassment, Diversity, Ethics, Ethics Regulatory, Service Excellence, Teambuilding, Orientation and a host of optional material steered towards personal and professional growth. The elearning platform has been well received and continues to provide team members with information necessary to perform well. Attached is a list of courses and the number of employees completing the courses in FY15, FY16 and FY17.

Each course should be taken within 10 days after hire and must be taken according to the course refresher frequency. The refresher frequency is as follows:
• Sexual Harassment – every 2 years
• Diversity - every 3 years
• Ethics – every 2 years
• Ethics Regulatory – one time
• Customer Service Excellence - every 3 years
• Teambuilding – every 5 years
• New Hire Orientation – one time
Sexual Harassment training has four modules and covers the following:
Module 1:
• Definitions of Sexual Harassment
• Recognize unacceptable and uncomfortable behavior
• Policies and the law
• Different types of harassment and the warning signs
Module 2:
• Understand different types of sexual harassment: Quid Pro Quo and Hostile Work Environment
• Better understand how ‘perception’ impacts harassment issues: Is it or isn’t it
• Video vignettes to aid understanding
Module 3:
• Why people harass
• Why people do not report harassment
• City of Miami Beach reporting process
• City of Miami Beach harassment complaint procedure
• City of Miami Beach reporting process
• City of Miami Beach harassment complaint procedure
Module 4:
• What you can do if you observe or experience sexual harassment
• How to prevent sexual harassment in your workplace
• Appropriate behaviors
The city-wide sexual harassment employee training plan is attached.



CONCLUSION:
It is the intent of the City of Miami Beach to create a culture where employees feel safe and respected free of any type of discrimination or harassment based on actual or perceived race, color, sex, age, national origin, disability, religion, genetic information, marital status, political affiliation, sexual orientation, gender identity, or familial status. It is in the City’s best interest to revise procedures to reflect the changing harassment law and to have the necessary authority and power to ensure compliance. Additionally, the City must ensure that effective and timely sexual harassment training is provided to all City employees and that there are written procedures in place on how to conduct sexual harassment investigations. It is a goal to ensure that the City is fostering an inclusive workplace, in which all employees feel safe and valued.

ATTACHMENTS:
DescriptionType
eLearning Courses and ParticipantsOther
Citywide Training PlanOther
Miami Herald ArticleOther
Citywide Procedure HR.16.04Other