The Culture of Harassment:

There is a lack of written policies, procedures, and guidelines relating to EEO laws and employee complaints in the County Human Resource Services Department. The County Human Resource Services Department is currently personnel constrained due to its efforts in its re-centralization and should look to other ways to produce their policies.

The training of County employees on matters of discrimination and harassment is inadequate.

The training of Human Resource Services personnel is not consistent. 2Albert Schweitzer

Mandated qualifications for the position of Supervisor or Manager in the Human Resource Services Department lack the job specific requirement for human resource schooling, certifications, or equivalent experience. F.5 Written policies, procedures, and guidelines for the referral of possible criminal conduct to law enforcement agencies do not exist.

Written policies, procedures, and guidelines for the referral of possible criminal conduct to law enforcement agencies do not exist. F6. Currently there is no way for an employee to contact the EEO Access Office with anonymity. If an employee wants to make a complaint and not reveal their name the only County mechanism to do so is the “fraud hotline” which may be confusing to employees who wish to report discrimination or harassment. F7. The County did not initiate an outreach to the victims who had experienced sexual harassment over the last few years. F8. Other than re-issuing a yearly statement on the County policy regarding discrimination and harassment, County elected officials and executive management have undertaken no pro-active measures to address and change the County culture that allowed the tolerance of inappropriate behavior that was present for years. This culture continues and needs leadership to change. RECOMMENDATIONS In accordance with California Penal Code Sections §933 and §933.05, the 2012 - 2013 Grand Jury requests responses from each agency affected by the recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation of The County of Orange Human Resource Services Department and The County of Orange Chief Executive Officer, County Counsel for the County of Orange and The County of Orange Board of Supervisors the 2012 - 2013 Orange County Grand Jury makes the following eight recommendations. R1. The County Human Resource Services Department shall prepare and publish policies, procedures, and guidelines related to all employee complaints and how they are investigated. Special attention, or separate policies, should be published for complaints related to discrimination and harassment to ensure they meet the Employer Responsibilities outlined in state and federal statute. If necessary, the County Human Resource Services Department should utilize the services of outside companies specializing in human resource matters. The Human Resource Services Department should develop, approve, and publish the policies and procedures within six months. The Board of Supervisors should support this effort with adequate funding. (F1) R2. All County employees and elected County officials shall undergo training on discrimination and harassment. At a minimum, all employees classified as supervisors and above should receive in-person training every two years, as well as have access to on-line training. The Board of Supervisors, and any other elected County officials, should participate in the in-person training at a minimum of once every two years. The Board of Supervisors should support this effort with adequate funding. (F2) R3. The County Human Resource Services Department should develop specific training schedules for all of its personnel to ensure consistency in addressing County employee issues. The training should be ongoing and include both internal and external sources. Additional and specific training should be given to those in charge of investigating complaints.(F3) R4. The County Human Resource Services Department shall re-write the job qualifications for any position of supervisor and above in the Human Resource Services Department to include mandatory certification, schooling, or equivalent experience in the human resource field. (F4) R5. The Human Resource Services Department, with input from County Counsel shall draft policies, procedures, and guidelines for all agencies and departments on handling the reporting of potential criminal conduct by County employees. (F5) R6. The Human Resource Services Department should install a confidential communication source for employees who want to file complaints relating to discrimination or harassment with anonymity. The system should include multiple access paths such as mail, phone, fax, or email. Notification of this new County service should be accompanied by a vigorous email campaign and announcements by senior County management in meetings and their communications to their staff. Posters identifying how an employee can file a confidential complaint should be permanently posted in appropriate locations. The Board of Supervisors should support this effort with adequate funding. (F6) R7. The Board of Supervisors, in conjunction with the office of the CEO, the Human Resource Services Department, and with input on legal perspectives from County Counsel, shall initiate a formal outreach program for persons who have experienced discrimination or sexual harassment. The outreach should include counseling, if wanted, and an assessment of possible retaliation against any of the victims. (F7) R8. The Board of Supervisors and the Office of the CEO will define and implement a series of steps to affirm their leadership in achieving a harassment free workplace: (F8) a. Refresh the current board resolution so that it contains clear complaint handling protocols. b. Evaluate whether a policy on office relationships is appropriate for the County especially when it concerns managers and subordinates. c. Display a more pro-active voice, more than once a year, on delivering the message that having a harassment free environment is important. d. Evaluate hiring/training discrimination and harassment contact officers. e. Discontinue negative comments on anonymous complaints. f. Personally attend different County department meetings that provide opportunities to express the County commitment to a harassment free workplace. REQUIRED RESPONSES California Penal Code §933 requires any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the agency. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court); except that in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g. District Attorney, Sheriff, etc.) such comment shall be made within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code §933.05 (a), (b), and (c), details, as follows, the manner in which such comment(s) are to be made: (a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore. (b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore. (c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those budgetary or personnel matters over which it has some decision making aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with Penal Code §933.05 are required from: Responses to Findings F1, F2, F3, F4, F 5, F6, and F7 are requested from the Orange County Human Resource Services Department. Responses to Findings F6, F7, and F8 are requested from the Orange County, County Executive Office. Responses Findings F5 and F7 are requested from the Office of County Counsel. Responses to Findings F6, F7, and F8 are required from the Orange County Board of Supervisors. Responses to Recommendations R1, R2, R3, R4, R5, R6, and R7 are requested from the Orange County Human Resource Services Department. Responses to Recommendations R6, R7, and R8 are requested from the Orange County, County Executive Office. Responses to Recommendations R5 and R7 are requested from the Office of County Counsel. Responses to Recommendations R1, R2, R6, R7, and R8 are required from the Orange County Board of Supervisors.

Currently there is no way for an employee to contact the EEO Access Office with anonymity. If an employee wants to make a complaint and not reveal their name the only County mechanism to do so is the “fraud hotline” which may be confusing to employees who wish to report discrimination or harassment.

The County did not initiate an outreach to the victims who had experienced sexual harassment over the last few years.

Other than re-issuing a yearly statement on the County policy regarding discrimination and harassment, County elected officials and executive management have undertaken no pro-active measures to address and change the County culture that allowed the tolerance of inappropriate behavior that was present for years. This culture continues and needs leadership to change.