Last week, I received a call from a City Hall employee who was distraught. They claimed to being harassed by their superior, being singled out unfairly, and bullied. They did not give their name.
I asked, ‘Do you know about the City Hall whistleblower policy?’ To which they replied they did not. When I asked if they knew about the process to report claims they said ‘I have never heard about this policy.’
This call came with a No-Caller ID, and they told me they would call again. They called again the next day. After our talk they opened up and decided to trust me calling from a phone with a proper ID. They then texted me a copy of a tape recording of an encounter with their immediate supervisor. When the recording ended the employee burst into tears. I promised to keep their name confidential and to post a copy of the City’s whistleblower policy for city staff workers who are unaware of the process.
This was not the first time someone from City Hall reached out with information or dirt about what goes on inside city hall. A previous caller informed me about a city council member who ‘walks around City Hall as if they own the place,’ telling me what I should be doing.” We didn’t write any story but instead I had a private meeting with City Manager David Wilson and City Attorney Lauren Langer so they could address the issue directly with the council member.
Another City Hall staffer reached out about favoritism at the top management levels, with friends and relatives of City Hall employees getting positions while they were overlooked. That employee has since left City Hall.
At a recent city council meeting Mayor-Elect Erickson complained that many employees in West Hollywood are unaware of the rules regarding the worker ordinance. He blamed the ’employers’, and mentioned that he visits local businesses to ensure employees know these rules. In essence the Mayor Pro Tem at the time was acting as code compliance officer. After the discussion the council postponed any updates to the worker ordinance until they could interview employees at their workplace. Yet, it seems City Hall does not have adequate policies in place for their own staff. It appears that City Hall needs to worry about City Hall and how they treat their workers.
Below is a copy of the whistleblower policy at City Hall, for the benefit of all City Hall employees.
CITY OF WEST HOLLYWOOD
ADMINISTRATIVE REGULATION
No. 424
Effective Date: 05-31-2022
SUBJECT: ABUSIVE CONDUCT POLICY
PURPOSE
The City of West Hollywood (City) expects all employees to behave professionally and treat all other employees, interns, contractors, vendors, visitors, and/or members of the public with courtesy, dignity, and respect. The purpose of this policy is to communicate the City’s expectations and address the consequences of intolerable behavior.
APPLICATION
This policy shall apply to all employees of the City of West Hollywood.
If a conflict occurs between this Administrative Regulation and a Memorandum of Understanding (MOU) for a Collective Bargaining Unit, the MOU shall prevail.
POLICY
Abusive conduct towards others in the workplace is prohibited. The definition of abusive conduct is conduct of an employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests.
Abusive conduct may include, but is not limited to, repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal, or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious.
Examples of abusive conduct may include, but are not limited to:
• Persistent or egregious use of abusive, insulting, or offensive language directed at an employee
• Behavior or language that frightens, humiliates, belittles, or degrades, including criticism or feedback that is delivered with yelling, screaming, threats, or insults
• Making repeated inappropriate comments about a person’s appearance, lifestyle, family, or culture
• Regularly inappropriately teasing or making someone the brunt of pranks or practical jokes
• Purposefully inappropriately excluding, isolating, or marginalizing a person from normal work activities
There is a difference between bullying and appropriate supervision.
Examples of reasonable supervisory actions, include, but are not limited to:
• Legitimate, reasonable, and constructive criticism of an employee’s performance or behavior
• Reasonable instructions given to employees in the course of their employment
RESPONSIBILITIES
A. REPORTING
Individuals who perceive conduct believed to be in violation of this policy should report it to their supervisor or the Human Resources Manager. All employees are strongly encouraged to report, either verbally or in writing, abusive conduct they experience or witness as soon as possible to allow their supervisor or Human Resources to take appropriate action. Supervisors who receive such reports are required to notify Human Resources as soon as possible, but no more than two (2) business days from day they receive a report.
B. INVESTIGATION
The City takes all allegations of abusive conduct seriously and will address such allegations promptly. The City will undertake an effective and objective investigation of any allegations of abusive conduct and/or retaliation for reporting abusive conduct, the scope of which will be determined by the surrounding circumstances. The City will make all reasonable efforts to keep investigations confidential and will remind all investigation participants that the City does not tolerate retaliation.
C. DISCIPLINE
The City may discipline anyone who engages in or encourages abusive conduct and/or retaliation against anyone who reports abusive conduct. Conduct prohibited by this or any applicable policy will be subject to corrective action and may result in discipline, up to and including termination.
RESPONSIBILITIES
Individuals who perceive conduct believed to be in violation of this policy should report it to their supervisor or the Human Resources Manager. All employees are strongly encouraged to report, either verbally or in writing, abusive conduct they experience or witness as soon as possible to allow their supervisor or Human Resources to take appropriate action. Supervisors who receive such reports are required to notify Human Resources as soon as possible, but no more than two (2) business days from day they receive a report.
The City takes all allegations of abusive conduct seriously and will address such allegations promptly. The City will undertake an effective and objective investigation of any allegations of abusive conduct and/or retaliation for reporting abusive conduct, the scope of which will be determined by the surrounding circumstances. The City will make all reasonable effortsto keep investigations confidential and will remind all investigation participants that the City does not tolerate retaliation.
The City may discipline anyone who engages in or encourages abusive conduct and/or retaliation against anyone who reports abusive conduct. Conduct prohibited by this or any applicable policy will be subject to corrective action and may result in discipline, up to and including termination.
Pursuant to the Fair Employment and Housing Act and regulations issued by the Department of Fair Employment and Housing and City policy, training on prevention of abusive conduct in the workplace will be provided annually, as part of mandatory harassment training requirements for all employees.
The City will train all supervisory employees on abusive conduct and retaliation within six months of their assumption of a supervisory position or duties. The City will retrain each supervisory employee on abusiveconduct and retaliation no less than once every two years. The training will teach supervisory employees how to identify, prevent, and stop abusive conduct and retaliation. It will also instruct supervisory employees on how to protect persons who have been subjected to abusive conduct.
The City will not take any adverse employment action against an employee because the employee makes a good faith report of a perceived violation of this policy. The City further prohibits retaliation against anyone who participates in an investigation regarding abusive conduct, or who supports others in their efforts to report, resist, or speak out against abusive conduct. This is true whether or not the knowledge came firsthand and whether or not the offender was an employee, or a third party connected to the workplace.
Nothing in this policy is intended to restrict an employee’s rights to engage in legally protected conduct, such as concerted activity.
CITY OF WEST HOLLYWOOD ADMINISTRATIVEREGULATION
No. 410
Effective Date: 4/18/16
SUBJECT: HARASSMENT, DISCRIMINATION, ANDRETALIATION PREVENTION POLICY AND COMPLAINT PROCEDURE
Purpose
The purpose of this Harassment, Discrimination, and Retaliation Prevention Policy and Complaint Procedure (“Policy” or “Regulation”) is to set forth the City’s policy of dignity and respect for all City employees; establish a strong commitment to prohibit and prevent harassment, discrimination, and retaliationin employment; to define those terms; and to set forth a procedure for investigating and resolving complaints.
The City expects all covered individuals, as defined below, to adhere to a standard of conduct that is respectful to all personswithin the work environment. The City encourages all covered individuals to report, as soon as possible, all conduct that is believed to violate this Policy.
Authority
State and federal laws prohibit harassment, discrimination, andretaliation. (Gov. Code §§ 12926, 12940 et seq.; 29 CFR Sec. 1604.11; 42 U.S.C. § 2000e et seq.; Cal. Code Regs., tit. 2 § 7287.6(b)(1)).
Application
This Regulation applies to all City employees and applicants for employment, temporary employees, volunteers, interns,City elected officials, members of City Commissions, Boards, and Task-Forces, persons providing services under contract, and other non-employees doing business with or involved with the City (“covered individuals”).
Policy
Harassment or discrimination on the basis of race, religion, sex (including gender, gender identity, gender expression,transgender, pregnancy, and breastfeeding), national origin,ancestry, disability, medical condition, genetic characteristics or information, marital status, age, sexual orientation (including homosexuality, bisexuality, or heterosexuality), or any other protected classification as defined below, constitutes a violation of this Policy and will not be tolerated.
This Policy applies to all aspects of employment including, but not limited to hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, training and work assignments, to be determined solely upon thequalifications of the individual, without regard to political affiliation or opinion, race, religion, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), national origin, ancestry, disability, medical condition, genetic characteristics or information, marital status, age, sexual orientation (including homosexuality, bisexuality, or heterosexuality), or status as a veteran.
Additionally, the City strives to create a discrimination-freeworkplace and strives to protect all persons to whom this Policy applies from harassment, discrimination, and retaliation in the course of their contact with the City government.
Conduct need not rise to the level of a violation of law to violatethis Policy. Instead, a single act can violate this Policy and provide grounds for discipline. Additionally, the City reserves the right to independently raise issues of harassment, discrimination, and retaliation, absent an employee complaint.
Disciplinary action or other appropriate sanction up to andincluding termination may be instituted for prohibited behavior as defined below.
Any retaliation against a person for filing a complaint or participating in the complaint resolution process is prohibited.Individuals found to be retaliating in violation of this Policy will be subject to appropriate sanction or disciplinary action up to and including termination.
Policy Coverage
This Policy prohibits covered individuals from harassing or discriminating against one another based on: 1) an individual’s protected classification; 2) the perception that an individual has a protected classification; or 3) the individual associates with aperson who has or is perceived to have a protected classification. The coverage of this Policy is explained in the chart attached hereto as Exhibit A and incorporated herein by reference.
Definitions
Guidelines for Identifying Harassment
To help clarify what constitutes harassment in violation of thisPolicy, use the following guidelines:
While it is impossible to catalogue all of the specific situations that constitute harassment, discrimination, orretaliation within this Policy to provide hard and fast rules governing the myriad of situations that arise in the workplace, all of those to whom this Policy applies should be guided by these basic norms:
Preventing harassing situations is almostalways a matter of exercising good judgment.
City Hall and other City facilities, meeting spaces, offices and places where City business isconducted or the City is being represented areworkplaces, in
which people with widely varying backgrounds,values and sensibilities must be able to work in comfort.
All persons governed by this Policy should strive to achieve a workplace environment thatcreates a level of comfort and avoid behavior thatcauses alienation and embarrassment, particularlyas it regards to issues involving harassment, discrimination, or retaliation.
Responsibilities Under This Policy
The City expects all employees, temporary employees,volunteers, interns, contractors and City elected or appointed officials to be responsible for adhering to and enforcing this Policy.
Department Directors, Managers and Supervisors areresponsible for:
Each employee, temporary employee, intern and volunteer isresponsible for:
Persons under contract with the City are responsible for:
The Human Resources Manager, Director ofAdministrative Services, or other individual as designatedby the City Manager, is responsible for promptly initiatingan investigation after receiving a complaint or a formal or informal report of harassment, discrimination, or retaliation.
Complaint Procedure
The Human Resources Manager or Director of AdministrativeServices will be available to provide immediate assistance, information, and guidance, upon request, to any covered individual on all matters pertaining to this Policy.
Confidentiality
Every possible effort will be made to assure the confidentiality of complaints made under this Policy. However, complete confidentiality generally cannot be guaranteed due to the need to fully investigate and the duty to take effective remedialaction. As a result, confidentiality will be maintained to the extent possible. The employer will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order. Any inappropriate or unauthorized breach of confidentiality shall result in disciplinary action.
Remedies
1. Employees found to have engaged in any form of harassment, discrimination, or retaliation as defined by this Policy, will be subject to disciplinary action, according to the City’s disciplinary procedures. A statement of findingsand disciplinary action taken will be included in the offending employee’s permanent personnel file and in his/her performance evaluation in accordance with applicable provisions of any relevant Memorandum of Understanding.
4. Volunteers found to have engaged in any form of harassment, discrimination or retaliation as defined by thisPolicy in the course of conducting City business or onCity premises will be instructed by the City Manager or his/her designee to cease such behavior; failure to cease and desist from behavior violative of this Policy shall subject them to corrective action, which may include terminating the volunteer arrangement.
11. Any person subject to this Policy who knowingly makes a false claim of harassment, discrimination, or retaliationwill be subject to disciplinary action up to and including termination.12. Substantiation of allegations of harassment, discrimination, or retaliation by a contractor (including any employee or agent of a contractor) shall constitute grounds for removal of the harasser from the contract team or termination of thecontract and such other remedies as may be available under the law and recommended to the City Council by the City Attorney.
Dissemination of Policy
All employees and persons to whom this Policy applies shallreceive a copy of this Policy. The Policy may be updated from time to time and redistributed.
Option to Report to Outside Administrative Agencies
An individual has the option to report harassment to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These administrative agencies offer legal remedies and a complaint process. Their nearest offices and contactinformation can be located by conducting an online search orconsulting City bulletin boards.
CITY OF WEST HOLLYWOOD ADMINISTRATIVE REGULATION
No. 417
Effective Date: 7-1-93
Revised Date: 3-19-12
SUBJECT: EMPLOYMENT PRACTICES WITHRESPECT TO AMERICANS WITH DISABILITIES ACT AND FAIR EMPLOYMENT AND HOUSING ACT
Purpose
To set forth procedures to comply with the employment provisions of the Americans withDisabilities Act (ADA) of 1990 (42 U.S.C. § 12101 et.seq.) and the Fair Employment and Housing Act (FEHA) (California Government Code § 12900 et. seq.).
Authority
The ADA and the Regulations promulgated by the Equal Employment Opportunity Commission and,where applicable, the U.S. Department of Justice; and the FEHA and the Regulations promulgated by California Fair Employment and Housing Commission and, where applicable, the California Department of Justice. This Administrative Regulation shall be applied in a manner consistent with the ADA, the FEHA, and applicable federal and state regulations.
Application
This Regulation applies to all forms of discriminationagainst a qualified individual with a disability in allaspects of the employment relationship. In thatcontext, this Regulation covers the job application process and to all terms and conditions of employment including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation and training. It also covers retaliation, coercion, interference or intimidation of an individual on any basis prohibited by the ADA and FEHA.
Definitions
“Disability” with respect to an individual is:
“Qualified Individual With a Disability” is a person witha disability who:
City of West Hollywood AdministrativeRegulation No. 417
“Physical or Mental Impairment” is broadly construed to mean having any physiological disease, disorder,condition, cosmetic disfigurement, or anatomical loss that does both of the following:
“Mental disability”:
Policy
Discrimination or harassment on the basis of disabilityagainst an applicant or an employee who is a qualified individual with a disability is prohibited. An
City of West Hollywood AdministrativeRegulation No. 417
The prohibitions against discrimination andharassment under the ADA, FEHA, and this Regulation include, but are not limited to:
The ADA, FEHA, and this Regulation also prohibit retaliating against any individual because the personhas opposed any act or practice which is unlawful under the ADA and/or FEHA or because thatindividual made a charge, testified, assisted or participated in any manner in an investigation or proceeding to enforce the ADA and/or FEHA.
Furthermore, the ADA, FEHA, and this Regulation make it unlawful to coerce, intimidate, threaten, harass or interfere with any individual in the exercise or enjoyment of, or because that individual aided orencouraged any other individual in the exercise of, any right granted or protected by the ADA and/or FEHA.
Consistent with the provisions of the ADA, FEHA, and applicable federal and state regulations, the City will:(1) determine whether an individual has a “disability” protected under the ADA and/or FEHA; (2) determine that the individual meets legitimate skill, experience,education, or other requirements of
The City is not required to provide an accommodation that imposes an “undue hardship” upon City financesor operations, or that would endanger the health or safety of the employee or others. Undue hardshipincludes a significant difficulty or expense that would be unduly costly, extensive, substantial or disruptive, or that would fundamentally alter the nature of operation of the City.
When appropriate, the City will engage in the interactive process with qualified disabled individualsto determine whether an reasonable accommodationcan be provided. The process will include:
Complaint/Grievance Procedure
A qualified job applicant or employee with a disabilitywho believes that he or she has been discriminated, harassed, or retaliated against on the basis of disability may make a written complaint as soon as possible after the incident.
Such complaints shall be filed with the City’s Human Resources Officer, the designated compliance officer,using the attached City of West Hollywood ADA Discrimination, Harassment and/or Retaliation Complaint Form.
In order to facilitate the investigation, the complainant is encouraged to submit the complaint within 30 days of the alleged incident(s). Where reasonable circumstances arise complaints may be investigatedeven if filed beyond this 30- day period.
Upon receipt of a complaint, the compliance officershall investigate, including conducting interviews with:
Upon completion of investigation, the complianceofficer shall review all of the information gathered in determining whether the alleged conduct constitutes discrimination, harassment, or retaliation.
The compliance officer shall then prepare a writtenreport setting forth the results of the investigation and the determination as to whether discrimination, harassment, or retaliation occurred. The results of the investigation shall be conveyed to appropriate persons including the complainant, the person(s) allegedly engaged in the conduct, the supervisor, and the department head.
If it is determined that discrimination, harassment, and/or retaliation occurred, prompt and appropriate remedial action will be taken. Such action may include disciplinary action, in accordance with existing discipline procedures (AdministrativeRegulation 407) and Memoranda of Understanding. Ifdiscipline is imposed it will be commensurate with the severity and/or frequency of the offense.
Reasonable steps shall be taken to protect thecomplainant and other potential complainants from retaliation and further discrimination or harassment.
CITY OF WEST HOLLYWOOD ADMINISTRATIVEREGULATION
No. 424
Effective Date: 05-31-2022
SUBJECT: ABUSIVE CONDUCT POLICY
PURPOSE
The City of West Hollywood (City) expects all employees to behave professionally and treat all other employees, interns, contractors, vendors, visitors, and/or members of the public with courtesy, dignity, and respect. The purpose of this policy is to communicate the City‘s expectations and address the consequences of intolerable behavior.
APPLICATION
This policy shall apply to all employees of the City of West Hollywood.
If a conflict occurs between this Administrative Regulation and a Memorandum of Understanding (MOU) for a Collective Bargaining Unit, the MOU shall prevail.
POLICY
Abusive conduct towards others in the workplace is prohibited. The definition of abusive conduct is conduct of an employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer‘s legitimate business interests.
Abusive conduct may include, but is not limited to, repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal, or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undem1ining of a person‘s work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious.
Examples of abusive conduct may include, but are notlimited to:
There is a difference between bullying and appropriate supervision. Examples of reasonable supervisory actions, include, but are not limited to:
RESPONSIBILITIES
Individuals who perceive conduct believed to be in violation of this policy should report it to their supervisor or the Human Resources Manager. All employees are strongly encouraged to report, either verbally or in writing, abusive conduct they experience or witness as soon as possible to allow their supervisor or Human Resources to take appropriate action. Supervisors who receive such reports are required to notify Human Resources as soon as possible, but no more than two (2) business days from day they receive a report.
The City takes all allegations of abusive conduct seriously and will address such allegations promptly. TheCity will undertake an effective and objective investigation of any allegations of abusive conduct and/or retaliation for repo1iing abusive conduct, the scope of which will be determined by the surroundingcircumstances. The City will make all reasonable efforts to keep investigations confidential and will remind all investigation participants that the City does not tolerate retaliation.
The City may discipline anyone who engages in or encourages abusive conduct and/or retaliation against anyone who reports abusive conduct. Conduct prohibited by this or any applicable policy will be subject to corrective action and may result in discipline, up to and including termination.
Pursuant to the Fair Employment and Housing Act and regulations issued by the Department of Fair Employment and Housing and City policy, training onprevention of abusive conduct in the workplace will be provided annually, as part of mandatory harassment training requirements for all employees.
The City will train all supervisory employees on abusive conduct and retaliation within six months of their assumption of a supervisory position or duties. The City will retrain each supervisory employee on abusive conduct and retaliation no less than once every two years. The training will teach supervisory employees how toidentify, prevent, and stop abusive conduct and retaliation. It will also instruct supervisory employees on how to protect persons who have been subjected to abusive conduct.
The City will not take any adverse employment action against an employee because the employee makes a good faith report of a perceived violation of this policy. The City further prohibits retaliation against anyone who participates in an investigation regarding abusive conduct, or who supports others in their efforts to repo1i, resist, or speak out against abusive conduct. This is true whether or not the knowledge came firsthand and whether or not the offender was an employee, or a third party connected to the workplace.
Nothing in this policy is intended to restrict anemployee’s rights to engage in legally protected conduct,such as concerted activity.
ADMINISTRATIVE REGULATION
No. 417
Effective Date: 7-1-93
Revised Date: 3-19-12
SUBJECT: EMPLOYMENT PRACTICES WITH RESPECT TO AMERICANS WITH DISABILITIES ACT AND FAIR EMPLOYMENT AND HOUSING ACT
Purpose
To set forth procedures to comply with the employment provisions of the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101 et. seq.) and the Fair Employment and Housing Act (FEHA) (California Government Code §
12900 et. seq.).
Authority
The ADA and the Regulations promulgated by the Equal Employment Opportunity Commission and, where applicable, the U.S. Department of Justice; and the FEHA and the Regulations promulgated by California Fair Employment and Housing Commission and, where applicable, the California Department of Justice. This Administrative Regulation shall be applied in a manner consistent with the ADA, the FEHA, and applicable federal and state regulations.
Application
This Regulation applies to all forms of discrimination against a qualified individual with a disability in all aspects of the employment relationship. In that context, this Regulation covers the job application process and to all terms and conditions of employment including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation and training. It also covers retaliation, coercion, interference or intimidation of an individual on any basis prohibited by the ADA and FEHA.
Definitions
“Disability” with respect to an individual is:
- A physical or mental impairment that limits the individual’s ability to engage in a major life activity (for the purpose of FEHA, “limit” means that the condition makes the achievement of the major life activity more difficult; or
- Having a record or history of such an impairment; or
- Being regarded or treated by the employer as having, or having had, such an impairment.
“Qualified Individual With a Disability” is a person with a disability who:
| (1) Meets legitimate skill, experience, education, or other requirements of an employment position that he/she holds or seeks; and | |
| (2) Can perform the “essential functions” of the position with or without
“reasonable accommodation” |
|
| “Physical or Mental Impairment” is broadly construed to mean having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following: | |
| (1) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; and | |
| (2) Limits a major life activity. | |
| (a) “Limits” is determined without regard to mitigating measures such as medication, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measures itself limits a major life activity. | |
| (b) A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult. | |
| (c) “Major life activities” are broadly construed and include physical, mental, and social activities. | |
| “Mental disability”: | |
| (1) Includes, but is not limited to: having any mental or psychological disorder or condition, such as mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. | |
| (a) “Limits” is determined without regard to mitigating measures, such as
the mitigating measure itself limits a major life activity. |
medications, assistive devices, or reasonable accommodations, unless |
| (b) A mental or psychological disorder or condition limits a major life | activity if it makes the achievement or the major life activity difficult. |
| (c) “Major life activity” is broadly construed and includes physical, mental, and social activities and working. | |
| (2) Does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs. | |
| Policy | |
| Discrimination or harassment on the basis of disability against an applicant or an employee who is a qualified individual with a disability is prohibited. | |
employee who engages in such discrimination or harassment is subject to discipline, up to and including termination.
The prohibitions against discrimination and harassment under the ADA, FEHA, and this Regulation include, but are not limited to:
- Limiting, segregating, or classifying a job applicant or employee in a way that adversely affects his or her opportunities or status because of the applicant’s or employee’s disability;
- Participating in a contract that has the effect of subjecting an applicant or employee of the City with a disability to discrimination prohibited by the
ADA and/or FEHA. Such contracts could include those with employment agencies, employee organizations, unions, benefits providers or training programs; - Using standards, criteria or methods of administration which could have the effect of discrimination on the basis of disability, and which are not job-related and consistent with business necessity;
- Discriminating or harassing on the basis of disability against a qualified individual with a disability in regard to compensation, fringe benefits, promotion, job assignments, training, or any other term, condition, or privilege of employment;
- Failing to make reasonable accommodations to known physical or mental limitations of an otherwise qualified applicant or employee unless the employer can show that the accommodation would impose an undue hardship;
- Using selection criteria which exclude disabled persons unless the criteria are job-related and consistent with business necessity; and
- Failing to select and administer employment tests in a manner that ensures that the test results accurately reflect the applicant’s or employee’s skills or aptitude for a particular job.
The ADA, FEHA, and this Regulation also prohibit retaliating against any individual because the person has opposed any act or practice which is unlawful under the ADA and or FEHA or because that individual made a charge, testified, assisted or participated in any manner in an investigation or proceeding to enforce the ADA and/or FEHA.
Furthermore, the ADA, FEHA, and this Regulation make it unlawful to coerce, intimidate, threaten, harass or interfere with any individual in the exercise or enjoyment of, or because that individual aided or encouraged any other individual in the exercise of, any right granted or protected by the ADA and/or FEHA.
Consistent with the provisions of the ADA, FEHA, and applicable federal and state regulations, the City will: (1) determine whether an individual has a
“disability” protected under the ADA and/or FEHA; (2) determine that the individual meets legitimate skill, experience, education, or other requirements
an employment position that he/she seeks; and (3) determine whether the individual can perform the essential functions of the position, with or without a
“reasonable accommodation”
The City is not required to provide an accommodation that imposes an “undue hardship” upon City finances or operations, or that would endanger the health or safety of the employee or others. Undue hardship includes a significant difficulty or expense that would be unduly costly, extensive, substantial or disruptive, or that would fundamentally alter the nature of operation of the City.
When appropriate, the City will engage in the interactive process with qualified disabled individuals to determine whether an reasonable accommodation can be provided. The process will include:
- Analyzing the job at issue and determining its purpose and essential functions;
- Consulting with the qualified disabled person to ascertain his/her job-related limitations. The City may require a fitness for duty examination, at the City’s expense, to assist in determining job-related limitations.
- Consulting with the qualified disabled person and other knowledgeable persons to identify potential accommodations;
- Assessing the effectiveness of a potential accommodation to enable the disabled person to perform essential functions;
- Determining if implementation of an accommodation will impose undue hardship upon City finances or operations, or would endanger the health or safety of the employee or others; and
- Selecting the appropriate accommodations, if any are reasonably available. As provided for by law, the City has sole discretion to determine whether reasonable accommodations can be made and to select the type of accommodation(s) to provide.
- All complaints of discrimination, harassment, or retaliation covered by this City Regulation shall be promptly investigated.
Complaint/Grievance Procedure
A qualified job applicant or employee with a disability who believes that he or she has been discriminated, harassed, or retaliated against on the basis of disability may make a written complaint as soon as possible after the incident.
Such complaints shall be filed with the City’s Human Resources Officer, the designated compliance officer, using the attached City of West Hollywood ADA Discrimination, Harassment and/or Retaliation Complaint Form.
In order to facilitate the investigation, the complainant is encouraged to submit the complaint within 30 days of the alleged incidents). Where reasonable circumstances arise complaints may be investigated even if filed beyond this 30. day period.
City of West Hollywood
Administrative Regulation No. 417
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The complaint shall include:
- A description of the offending behavior or violation of this Regulation;
- Name, address and telephone number of complainant;
- Date(s), time(s), and location(s) of incidents;
- Name(s) of alleged offender(s);
- Name(s) of witnesses, if any; and
- Remedy desired.
Upon receipt of a complaint, the compliance officer shall investigate, including conducting interviews with:
- The complainant;
- The person(s) allegedly engaged in discrimination, harassment, or retaliation, and
- Any other person the compliance officer believes has relevant knowledge concerning the complaint.
Upon completion of investigation, the compliance officer shall review all of the information gathered in determining whether the alleged conduct constitutes discrimination, harassment, or retaliation.
The compliance officer shall then prepare a written report setting forth the results of the investigation and the determination as to whether discrimination, harassment, or retaliation occurred. The results of the investigation shall be conveyed to appropriate persons including the complainant, the person(s) allegedly engaged in the conduct, the supervisor, and the department head.
If it is determined that discrimination, harassment, and/or retaliation occurred, prompt and appropriate remedial action will be taken. Such action may include disciplinary action, in accordance with existing discipline procedures (Administrative Regulation 407) and Memoranda of Understanding. If discipline is imposed it will be commensurate with the severity and or frequency of the offense.
Reasonable steps shall be taken to protect the complainant and other potential complainants from retaliation and further discrimination or harassment.
Nothing will be done and nothing has been done. Everyone knows who the bullies are and they are all protected. The fact that it is known that the Parking Supervisor intimidates, yells, and harasses his subordinates and peers and the Parking Manager excuses this behavior is disgusting. After all, they have worked together for a long time, pre WeHo (like the Director of HR and Director of Public Safety). HR has received complaints about most of the management listed on the comments and nothing has been done. For all those hoping that this article and comments will get you something,… Read more »
Is that where all the money is going? Defund WeHo Sheriff’s to pay for personnel promotions? Is Block by Block, also known as BBB, somehow related to upper management and is the reason why their “budget increased by $2 million?” This all seems like a personal agenda. Imagine that. Paying more than 2 million for a PAID WITNESS. After all, BBB is unable to take action on anything; we all saw the video of the fight that broke out in front of them, and they did absolutely nothing. In case of emergency, I rather have WeHo Sheriff’s that can take… Read more »
The “defunding” for Sherrifs never happened. They never actually got rid of any Sherrifs instead they hired more for overnight. BBB isn’t the issue but the lack of Sherrif presence is. Also yes we’ve all seen the fight but what do you want them to do they can’t run into a street they are hands off anyways so they can’t physically break them up. What you fail to realize is that fight happened right outside of the Sherrif station and yet Sherrifs took half a hour. Ask any bar on the Blvd how fast BBB responds compared to Weho Sherrifs.… Read more »
Exactly, they are hands off only. So you rather have BxB respond in an emergency? What can they do? You said they are hands off and the only thing separating them from any other civilian is their uniform. You and I can call 911 like they do. Oh and they got a 2 million dollar increase. Paid witness is what they are. Ridiculous.
I normally cheer for the villains but this Disney Princess isn’t even that pretty. TF WeHo. Be better, do better and stop being the step-mother to your employees!
I am a city employee and I can confirm everything being said is true. HR and management are one in the same. Bullies protecting bullies who use regular employees to get the work done, take credit, and get promoted. We, regular employees, are stepping stones for them. We are used and thrown in the trash when we speak up or try to stand our ground. We are blacklisted and many are forced to take unwanted, demoted positions just to get away from the bullies. Sadly, many great employees are forced out of the city – forced to quit just to… Read more »
With the nepotism comes conflict of interest. Who regulates those that are regulating?
The favoritism does not stop at city hall. There is favoritism and inconsistency when dealing with certain businesses and constituents. All it takes is knowing the right person at city hall to make things happen or stop things from happening.
I’m surprised this is happening when the HR manager is a “Labor Attorney.” You’d think they’d know better. Then again, the city may have hired her to facilitate the firing process for unwanted or outspoken employees. Dictatorship at its best. Way to go West Hollywood, way to go.
Sadly it is true what is happening to our once beloved City. What can you expect though with the unethical people who are in charge? I realize we are a progressive city but when rumors abound of the intimate affairs of several Directors and Deputy City Managers sharing intimate relations with each other even though they are married to other people. Perhaps that is why a cashier can rise to the level of a Director, or a new manager who had been investigated by the Union for abuse can become a Director, all while a Certain Deputy City Manager holds… Read more »
Intimate affairs normally have nothing to do with how the city is ran. Unfortunately, in this case, it has everything to do with it. Let us use the Director of HR and the Director of Public Safety as an example. We employees have witnessed the HR Director going into the Director of Public Safety’s office long before he became a director (almost daily). They have made no effort to keep their friendship hidden and it has been blatantly clear that they have known each other long before he started working here. If a subordinate has a problem against any manager/director… Read more »
Please be clear, he went into her office too. It was not one-sided. Coziness and familiarity are obvious between those two. Especially now that they are on the same floor. They obviously don’t care and see no problem with it and we wouldn’t have noticed if they didn’t make it so obvious.
The fact that a city employee felt there was nowhere but Wehoville to turn to speaks volumes. The terror of filing a complaint with HR or the union is understandable. Janet Jimenez was once the union president (what a joke – she probably used personal information from employees for gain) and is now the HR Director (the most unethical person to ever work at city hall is the HUMAN RESOURCE director – ha!). Even John Erickson was once the union president…and look at where he is now. The people who once “fought” for colleagues now turn their nose up at us… Read more »
The sad reality is that this has been going on far too long and upper management has always sided with their peers. Let’s not forget about the toxicity brought by the Event Services Manager. Staff complaint and nothing was done. She continues to do what she wants when she wants. Question her and she is quick to become the victim. With the victim card at hand she is quick to chose who she is willing to work with while reporting subordinates to their manager if she dislikes them. Same thing with the previous Public Safety Director. She terrorized her staff… Read more »
Read the policy. Would appear the policy would apply to Sepi Shyne first and foremost. Perhaps at the next council meeting Shyne can read the policy aloud.
It would apply to John Erickson before. The entitlement and the look given to people yells “hello peon” is gross. One must remember that we live and work in the city and eyes are all around…including in apps.
Fun story Larry. Seems like they could count at least a half dozen other ones, worse even, going on inside right now. There are numerous boards advocating for a lot of groups in the city. Maybe they should have a board to protect the city employees. If a business mistreats employees those employees can come to the city for help. But if the business is the city?
Maybe you could start a weekly deep throat lunch at kings road parking.
As a resident I’ve been going to CH for years and I’ve had the chance to know many employees whose trust I’ve gained. These employees say just this; who can they turn to when HR and management are one and the same? Like any corporation, HR is there to protect management and bullshi* employees. If all these allegations are true, these employees should unite and sue the city. The city may not care about their employees or their morale but they sure care about their money. Hit them where it hurts. Unite and fight.
I have heard more than one person relate stories about someone who walked/walks around City Hall saying pompous things like “Do you know who I am?” and also being abusive to underlings.
If making information like this public will prevent this kind of behavior from happening or continuing, that’s great! Thank you so much for publishing it!
Imagine having Sepi chime in and be a decider on someone else’s bullying. Foxes guarding the henhouse.
Blowing a whistle inside the house doesn’t help. Staff go outside for help.
Well clutch my pearls! A city council member walking around city hall as if they own the place? Shocking. Question: Why does every part-time city council member have a full-time office at city hall? Couldn’t they hotel offices, i.e., sign up for one of a couple of shared offices when they are needed? Corporations have been hoteling for a long time. It’s good for the environment.
Thank you for bringing this recurring issue to light. In the beginning of your article it talks about the top levels filling positions with friends, relatives, etc. Sending staff with concerns about their management to Human Resource is sending them straight to the fire. Great protective policy on paper but not in reality. Who runs Human Resources? … friends, relatives, etc. Who are the supervisors and management getting complaints? … more friends, relatives, etc. Much is shared between the top 5-10 authorities of City Hall. In fact if we all close our eyes and use a little season magic… poof!… Read more »
This is true and it’s a complete joke. Aren’t employees union members? These calls to Larry go to show that no one is helping them. An open letter was recently published about Oscar Delgado double dipping since he retired and is now a weho consultant earning a ridiculous amount of money. Who hired him? Who went to council to bring that item and make it happen? A family and friend that Oscar put in their current position, HR Director, and now the favor is being returned by bringing him back. The city is corrupt and I cannot wait until more… Read more »
City Hall culture is toxic or so I’ve been told. Would you be able to get a report of employees that have filed a lawsuit against weho? This may be the only way to validate these allegations and as residents and tax payers, we deserve to know what is transpiring behind closed doors.