재건위원회 공고 08
Harassment Policy
Resolution 03-20-27, Adopted April 21, 2020
I. Purpose
The purpose of this Harassment Policy (“Policy”) is to set forth guidelines for
harassment complaints received by Third Laguna Hills Mutual (“Third”) in
accordance with the requirements of Third’s Governing Documents, defined
below, and the law.
II. Definitions
a. Community – Laguna Woods Village.
b. Golden Rain Foundation (GRF) – the Golden Rain Foundation of Laguna
Hills, a California nonprofit mutual benefit corporation.
c. Governing Documents – all of the following, collectively, the Articles of
Incorporation; the Bylaws; the CC&Rs; the Rules and Regulations; and
any Resolutions or Policies duly adopted by the Board; all as may be
lawfully amended or modified from time to time.
d. Harassment – see details under Conditions.
e. Member – is defined as any person who is an owner of a Unit in Third’s
development who has been approved for membership in Third in
accordance with the Governing Documents.
f. Resident – is defined as any person who has been approved by the Board
of Directors, or its designee, as applicable, for occupancy of a manor
within Third’s development.
g. Staff – Employees of Village Management Services, Inc. authorized to act
on behalf of Third.
h. Third or the Mutual – the corporate homeowners association that was
formed in 1970 and by 1984 had acquired the assets and liabilities by vote
of each of the 59 individual mutuals within the larger Leisure World (now
Laguna Woods Village), a common interest development, with full
authority to “manage, operate, and maintain” them.
III. Conditions for Harassment
Below are various definitions and descriptions of harassment under both Federal
and California law. While the Association is a private corporation and is not
responsible for enforcing the law, these definitions act as guidelines for Third’s
Board and Staff in determining whether alleged conduct rises to the level of
harassment, and should thus be treated as a violation of Third’s Governing
Documents pursuant to, without limitation, the restrictions against nuisances as
set forth in the CC&Rs.
• Federal Law: Under federal law, “harassment” is defined to mean “a
serious act or a course of conduct directed at a specific person that
causes substantial emotional distress in such person and serves no
legitimate purpose.” (18 U.S.C.A.§1514(d)(1)(B).)
• California Law: California defines “harassment” as unlawful violence; a
credible threat of violence; or a knowing and willful course of conduct
directed at a specific person that seriously alarms, annoys, or harasses
that person, and that serves no legitimate purpose. The course of conduct
must be such as would cause a reasonable person to suffer substantial
emotional distress, and must actually cause substantial emotional distress
to the petitioner. (Code Civ. §527.6(b)(3).)
• “Course of Conduct” is defined as a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including, without limitation, following or stalking
an individual, making harassing telephone calls to an individual, or
sending harassing correspondence to an individual by any means,
including, but not limited to, the use of public or private mails,
interoffice mail, facsimile, or computer email. (Code Civ.§527.6(b)(1).)
• “Credible threat of violence” is a knowing and willful statement or
course of conduct that would place a reasonable person in fear for
his/her/they/their safety, or the safety of his/her/they/their immediate
family, and that serves no legitimate purpose. (Code Civ.
§527.6(b)(2).)
Department of Housing and Urban Development (HUD) “Final Rule”:
Notwithstanding the foregoing and that fact that Third has no obligation to
enforce the law, recent Federal regulations/guidelines enacted by the
Department of Housing and Urban Development (HUD), do impose certain
obligations on Third with regard to the investigation and treatment of reported
harassment. The New guidelines, adopted in August 2016, were enacted in an
effort to further define and address housing discrimination in the form of
harassment. In that regard HUD’s new guidelines now deem any form of
harassment in housing or within housing developments a form of illegal
discrimination. Based on HUD’s guidelines, homeowners associations, such as
Third, are considered housing providers, and as such are required to evaluate
alleged harassment to investigate whether a resident is being subjected to
harassment to the extent that it may amount to illegal housing discrimination.
Pursuant to the guidelines Third is required to investigate all reported claims of
potential harassment of Members or Residents and, as appropriate, take all
action permitted under the Governing Documents to address such harassing
behavior. (24 CFR 100.600.)
Governing Documents: While Third’s Governing Documents do not directly
address “harassment”, those actions which constitute harassment based on the
above laws and guidelines would fall under the general prohibition against
nuisances found in Article III, Section 6 of Third’s CC&Rs, and, further, any acts
of harassment that constitute a violation of law are expressly considered a
nuisance in violation of the Governing Documents. According to Article III,
Section 6, Members and Residents are not to permit or suffer anything to be
done or kept in or about the dwelling unit or otherwise within Third’s development
which will increase the rate of insurance on any building or other property of
Third or on the contents thereof, or which will obstruct or interfere with the rights
of other Members or Residents or annoy them by unreasonable noises or
otherwise. Members and Residents are also restricted from permitting any
nuisance in or about the dwelling unit or otherwise within Third’s development or
committing or suffering any immoral or illegal act to be committed thereon.
Members and Residents are obligated to comply with all of the requirements of
governmental authorities with respect to the dwelling unit and all other premises
of Third. (CC&Rs Article III, Section 6, Use Restrictions.)
IV. Harassment Complaints and Investigation
A complaint may be registered by calling the Security Department at 949-580-
1400 or the Compliance Division by calling 949-268-CALL or email to
compliance@vmsinc.org. Staff will inform the reporting party to call the Security
Department for documentation of the reported harassment. Staff may also inform
the reporting parties to call the Orange County Sherriff’s Department if and when
the behavior occurs.
Investigating Alleged Harassment: to determine whether or not harassment is
taking place in violation of the Governing Documents, Staff evaluates the nature
of the unwelcome conduct, the context in which the incidents occur, the severity,
scope, frequency, duration, and location of the conduct, and the relationships of
the people involved.
Any complaint received of harassment of a Staff member by any Member or
Resident of Third will be investigated by the Board and Third’s Legal Counsel. No
harassing or inappropriate behavior toward Staff will be tolerated. Village
Management Services may also perform its own investigation into such
allegations and determine whether legal action against a Member or Resident is
necessary to protect Staff and its interests. Third may coordinate its investigation
with Village Management Services, and, in the Board’s discretion, may review
and adopt the evidence and findings of any investigation by Village Management
Services as its own and take appropriate enforcement action based upon same.
In the event that the alleged harassment involves acts or behavior by a Staff
member against a Member or Resident, a complaint may be made directly to the
Third’s Executive Committee by phone to 1-877-888-0002. Third will report such
conduct directly to Village Management Services to conduct an internal
investigation into the conduct in question by the Staff member who is a Village
Management Services employee, and to take appropriate action with regard to
said employee. Staff members are employees of Village Management Services,
which is the managing agent for Third, and are not employees of Third over
which Third has direct authority or control. Notwithstanding the foregoing, Third
and its Board may address and discuss any complaints regarding Staff members
and the handling of same with Village Management Services, as may be
appropriate, in the Board’s discretion.
Except as otherwise indicated above, reports of harassment will be evaluated by
Staff (except in the event Staff is involved in such complaint) and Third’s Legal
Counsel to ensure that the Board complies with its obligations under the
Governing Documents and as required by law, including, without limitation the
HUD guidelines on harassment. The Board will address the harassment to the
extent such acts constitute a violation of Third’s Governing Documents and to the
extent required by law.
V. Enforcement
Third is authorized to take disciplinary action against any Member who may be
found in violation of the Governing Documents, or whose unit or Residents,
tenants, or guests are found to be in violation of the Governing Documents
(CC&R Article XIX; Bylaws Article 4, Section 4.5). When a complaint is lodged
regarding the occurrence of a violation, the Board of Directors has a duty to
investigate and impose, if appropriate, discipline as set forth in the Governing
Documents. Discipline shall be imposed after a duly noticed disciplinary hearing
in accordance with the requirements of statute and Third’s Governing
Documents.
If a Member or Resident, or a guest of either, is found to have engaged in acts
constituting harassment in violation of the law and/or constituting a nuisance or
otherwise in violation of the Governing Documents, the Board has the authority to
impose monetary fines, suspend Member(s) privileges, and/or bring forth legal
action, as more fully set forth in the Governing Documents, including without
limitation the Schedule of Monetary Penalties, as may be revised from time to
time. Each Member is entirely responsible for ensuring that the Governing
Documents are followed by anyone they allow into the Community—this includes
any co-occupant, lessee, guest, care provider, vendor, invitee or contractor.
If a non-owner Resident is found to have engaged in behavior constituting
harassment, Third may, in addition to any disciplinary action taken against the
responsible Member, exercise such rights and remedies directly against such
Resident as authorized by the Governing Documents and law, which include,
without limitation, legal action for a protective order against such Resident to
protect the interests of the Association and Staff. If such Resident is subject to a
lease with Lease Authorization from Third, Third may also revoke the Lease
Authorization and approval for occupancy of such person in Third, and seek
removal of such Resident through an unlawful detainer action, in accordance with
Third’s Lease Policy.
Notwithstanding the foregoing, and regardless of whether disciplinary action is
taken, any Member of Third or resident of the Community who serves in any
capacity as an officer of Third, a committee member, or otherwise as an advisor
to Third or Staff may be removed by the Board from such position and have any
appurtenant privileges revoked. Any person holding such officer, committee, or
advisor position serves at the pleasure of the Board, and may be removed by the
Board in its discretion if the Board believe it is in the best interests of the Third to
do so, even if it is ultimately determined upon investigation that no harassment
took place (see Bylaws, Sections 7.1 and 9.3).
Hate Policy
Resolution 03-21-36; June 15, 2021
WHEREAS, it is the desire of the Corporation to create an environment that
is safe for all residents and free of attack against an individual’s race, color,
religion, national origin, sexual orientation, gender, gender identity,
disability; and
WHEREAS, to support residents in that regard the Board of Directors of this
Corporation desires to implement procedures to help individuals efficiently
and effectively report hate crimes and incidents to the proper authorities:
NOW THEREFORE BE IT RESOLVED, June 15, 2021 that the Board of
Directors of this Corporation recommends that any individual that believe a
hate crime or incident may have occurred take the following action:
• Call the Laguna Woods Village Security Department at 949-580-
1400 immediately and make a report. IN AN EMERGENCY
SITUATION,CALL 911.
• Obtain medical attention, if needed. Be sure to keep all medical
documentation.
• Leave all evidence in place. Do not touch or remove or clean up
anything.
• Document what happened by: taking photographs of all evidence,
including physical bodily damage, writing down exactly what was
said, particularly any words that indicate bias motivation, and other
information that may be valuable.
• Get the name(s), address(es) and phone number(s) of other victims
and witnesses.
• If possible, write down a description of the perpetrator and the
perpetrator’s vehicle.
Call 714-480-6580 and report the occurrence to OC Human Relations
Website: https://www.ochumanrelations.org/hatecrime/report/
RESOLVE FURTHER, that Anti-Hate Policy will now be known as the Hate
Policy from henceforth;
RESOLVE FURTHER, that Resolution 03-06-56 adopted November 21,
2006 is hereby superseded and canceled; and
RESOLVED FURTHER, that the Officers and Agents of the Corporation
are hereby authorized on behalf of the Corporation to carry out the purpose
of this resolution.
GRF Rules
d. If a Resident, guest, employee, contractor, subcontractor, or vendor feels that he or she has been discriminated against and/or harassed on the basis of his or her Protected Class, he or she should immediately report the matter to management. If that person is not available or the individual feels that it would be unproductive to inform that person, he or she should immediately contact the President or member of the Board of Directors. Once the matter has been reported, it will be promptly investigated and any necessary corrective action will be taken where appropriate.
Harassment:
Residents and their guests may not harass other residents or guests, Staff or Vendors. “Harassment” means unreasonable behavior which the normal person would find unacceptable, disturbing, threatening and serious. No single list of all forms of harassing behavior is possible, but such prohibited behavior includes:
Physical intimidation
Undesired physical contact
Threatening bodily harm or to harm one’s property
Shouting
Stalking, following someone around to intimidate or “make a point”
Disrupting organized activities in progress
Entering the second floor of the Community Center without escort or pass.
Interfering, instructing or otherwise disrupting the work of Vendors or Staff
Unreasonable, hostile and excessive telephone calls to a resident, staff or vendor
Other behavior which the ordinary person would find unreasonable and/or threatening.
Harassing behavior may arise from a course of repeated conduct of incidents which, by themselves, might not seem unreasonable, or may arise from even a single severe unreasonable action.
The Board may after a hearing impose monetary fines, suspend Member(s) privileges, and/or initiate legal action. The Member(s) are entirely responsible for ensuring that the Governing Documents are followed by anyone they allow into the Community. This includes any Co-occupant, Lessee, Guest, or other invitee.
한인회 재건위원회
이정현, 이주영, 방관수, 박상근, 최순옥, 이은주, 윤문길
정혜원, 성명자
On Sat, Feb 17, 2024 at 7:19 PM Moon YUN <moongyun3@gmail.com> wrote:
* Laguna Woods 한인회총회 난동사건.
12월11일2023년Laguna Woods 총회시 난동사건이 벌어졌다. 2024년 한인회회장과 이사5명 임명동의안을 진행하는 과정에서 조선환이사장이 일방적으로 차기회장과 이사5명의찬성을 유도 부당한 당선을 선포함에 있어 한인회회원인 장수현회원이 회의진행이 부당하다고 항의를 하는 중 그때 송XX이사가 자리를 박차고 장내로 뛰어나와 소리를 지르며 “너 윤문길 나이도 어린 놈이 건방지다.”라는 등 욕설과 물리적행위를 함으로써 장내를 아수라장으로 만들었다. 송XX이사가 무대위에 뛰어올라와 마이크를 빼앗는 등 몸싸움까지 부리는 난동을 펼치는등 한인회 총회행사를 방해를 한 일련의 난동 사건이다
이 사건은 한인회회원370명참석자모두가 두눈으로 확인했고 Board Member 인 박상근이 이를 근거한 내용을 당사자인 송기평이사의 행동을 Laguna Woods Village Security Office에 Report를했으며 차후 만약 이와 같은 행동이 있을 시에는 GRF운영위원회에 신고 해당돼는 조치를 할 계획입니다 (GRF Facility, golf장포함, 사용금지).
작년 마지막 이사회에서, 김XX이사가 윤문길이사를 주먹으로 칠려고, 윤이사의 얼굴 10 CM 가까이까지
주먹을 대든 것은 GRF의 HARASSMENT RULE을 범한 사항입니다.
송XX 과 김XX와 같은 행위는 다시는 용서되지 않을 것을 양지하시고, 모두들 나이에 맞고, 지성인 답게 언행에 각별이 신경을 서주시면 감사하겠습니다. 또 전 한인회 회의가 녹화됨을 알려드립니다.
GRF Rules
d. If a Resident, guest, employee, contractor, subcontractor, or vendor feels that he or she has been discriminated against and/or harassed on the basis of his or her Protected Class, he or she should immediately report the matter to management. If that person is not available or the individual feels that it would be unproductive to inform that person, he or she should immediately contact the President or member of the Board of Directors. Once the matter has been reported, it will be promptly investigated and any necessary corrective action will be taken where appropriate.
Harassment:
Residents and their guests may not harass other residents or guests, Staff or Vendors. “Harassment” means unreasonable behavior which the normal person would find unacceptable, disturbing, threatening and serious. No single list of all forms of harassing behavior is possible, but such prohibited behavior includes:
Physical intimidation
Undesired physical contact
Threatening bodily harm or to harm one’s property
Shouting
Stalking, following someone around to intimidate or “make a point”
Disrupting organized activities in progress
Entering the second floor of the Community Center without escort or pass.
Interfering, instructing or otherwise disrupting the work of Vendors or Staff
Unreasonable, hostile and excessive telephone calls to a resident, staff or vendor
Other behavior which the ordinary person would find unreasonable and/or threatening.
Harassing behavior may arise from a course of repeated conduct of incidents which, by themselves, might not seem unreasonable, or may arise from even a single severe unreasonable action.
The Board may after a hearing impose monetary fines, suspend Member(s) privileges, and/or initiate legal action. The Member(s) are entirely responsible for ensuring that the Governing Documents are followed by anyone they allow into the Community. This includes any Co-occupant, Lessee, Guest, or other invitee.
한인회 재건위원회
이정현, 이주영, 방관수, 박상근, 최순옥, 이은주, 윤문길
정혜원, 성명자
****많은 분께서, 이번에는 예약 접수해야 한다는 것을 모르고 있으니, 여러번 공고, 또 개개인 이메일로 알려야
합니다.
선착순 접수 : 채길환 949-357-7805
성명자 845-220-6258
* 한인회 주속록을 배포 하오니 회비를 내시고 찾아 가세요
———- Forwarded message ———
From: Moon YUN <moongyun3@gmail.com>
Date: Wed, Feb 14, 2024 at 10:19 PM
Subject: HARASSMENT
To: lwv Kr website <lwvkorean0@gmail.com>, 김익현 <ikkim922@hotmail.com>방금 이메일로 보낸 것은 공고 해 주시고,
많은 한인들이 아직은 KAA WEB SITE를 보지 않으니,
개개 개인으로 이메일 부탁 드립니다.
lwv Kr website 로 보낸 것은 공고 해 주십사는 것이고,
김익현으로 보내는 이 메일은 전 한인에게 이 메일로 뿌려 달라는 것 입니다.
많은 분께서, 이번에는 예약 접수해야 한다는 것을 모르고 있으니, 여러번 공고, 또 개개인 이메일로 알려야
합니다.
선착순 접수 : 채길환 949-357-7805
성명자 845-220-6258
* 한인회 주속록을 배포 하오니 회비를 내시고 찾아 가세요
—
Sincerely,
Moon G Yun, MD
Director
Third Laguna Hills Mutual