DIVISION 2. - AFFIRMATIVE ACTION PROGRAM
Part of the Code of Ordinances of Central Falls, RI.
The text
Footnotes:
--- (3) --- State Law reference— State fair employment practices act, G.L. 1956, § 28-5-1 et seq.
Sec. 2-78. - Affirmative action coordinator.#
(a)
The human resources director will coordinate and be responsible for the implementation of the affirmative action plan and will be assigned the following duties and responsibilities:
(1)
Assist management in resolving problems relative to any requirements or provisions of the affirmative action plan.
(2)
Develop and implement audit and reporting system designed to:
a.
Continually measure the effectiveness of the affirmative action plan.
b.
Point out deficiencies and need for remedial action.
c.
Determine degree to which goals and objectives are being reached.
d.
Conduct periodic audits of hiring and promotion patterns and techniques to ensure that provisions of the plan are being carried out, and the goals and objectives are being met.
e.
Make a periodic review of the affirmative action plan and submit recommendations for expansion, improvement or modification of the plan where applicable.
f.
Serve as liaison between the city, minority organizations and community action groups.
g.
Keep the mayor and city department management informed of the latest developments in the equal employment opportunity area.
h.
Hold regular discussions with department heads, supervisors, and employees to ensure that the affirmative action policies are being followed.
i.
Provide an analysis of all department activities to assure affirmative action.
j.
Report to the mayor on a regular basis as to progress in the implementation of the affirmative action plan, modification of the plan and degree to which goals and objectives are being reached.
k.
Complete and submit reports as required by the federal equal employment opportunities commission.
l.
Submit quarterly reports and present reports to the city council at the regularly scheduled council meeting following each of these dates: March 1, June 1, September 1 and December 1.
(b)
All discriminatory or unnecessary restrictions on age, sex, physical characteristics, education, and experience will be deleted from all recruiting announcements, and only bona fide requirements may be specified, particularly of age and sex. Job description and applications will be analyzed to ensure qualifications and questions are job related and that references to sex will be deleted wherever practicable with the approval of the city council.
(c)
Communication will be made with organizations that serve the minority population so that employment needs are widely publicized to attract minority applicants.
(d)
The coordinator will ensure that no person shall on the grounds of race, color, sex, age, disability or national origin, as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 (P.L. 100.259) or due to breastfeeding in a public place, gender identity, marital status, political ideology, religion, sexual orientation, or military status or veteran status, as provided by SMC 14.04, 14.06 ad 14.10, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any city job, program or activity.
(Code 1994, § 30-31; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-79. - Selection process.#
(a)
The council and affirmative action coordinator shall continually review the city's selection process to ensure that the appointment process does not discriminate against any applicant on the basis of race, color, religion, sex, age, national origin, disability, or due to breastfeeding in a public place, gender identity, marital status, political ideology, religion, sexual orientation, or military status or veteran status.
(b)
Requirements involving records and other factors which may cause a disadvantage to minority groups will be examined for each class of position by the affirmative action coordinator. Only realistic requirements will be applied.
(c)
Application forms will be revised to eliminate questions which may be racially, ethnically, religiously, or sexually biased.
(d)
Interviewers shall not ask questions which may be interpreted to be discriminatory nor will sex or minority status be considered a factor in selecting the most qualified applicants.
(e)
Selection will be based upon the possession of those skills and qualifications outlined in the position classification plan.
(Code 1994, § 30-32; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-80. - Testing.#
Testing will be an area of immediate concern. All tests which are used for hiring or promotion will be professionally evaluated for their validity and significance as an indicator for effective job performance.
(Code 1994, § 30-33; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-81. - Training.#
All formalized training which is developed or any educational program provided will be made available on an objective and nondiscriminatory manner.
(Code 1994, § 30-34; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-82. - Promotions.#
(a)
Promotional opportunities will be publicized within all city departments.
(b)
Programs will be established to provide for the following:
(1)
Listing of job vacancies.
(2)
Equal opportunity for all employees to apply for promotion.
(3)
Fair and equal selection standards.
(4)
Pointing out deficiencies and need for remedial action.
(c)
Exceptional vocational achievements will be publicized in local news media.
(d)
All employees, especially minorities and women, will be encouraged to seek promotional opportunities.
(Code 1994, § 30-35; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-83. - Contractor-vendor relations.#
(a)
Pursuant to federal regulations, affirmative action is required of employers holding federal contracts. A written affirmative action program is required of all large non-construction contractors and subcontractors. As a prime contractor, the city has to inform all contractors and subcontractors of its policy of nondiscrimination and affirmative action. The affirmative action coordinator, in coordination with the city's purchasing agent, shall immediately:
(1)
Identify and list all contractors and vendors doing business with the city.
(2)
Ensure that all contractual provisions are nondiscriminatory.
(3)
Incorporate the equal opportunity clause in all purchase orders, contracts, leases, etc.
(4)
Send written notification to all contractors, vendors and suppliers to inform them of the city's affirmative action policy and requesting compliance on their part.
(5)
Develop a system of monitoring the city's contractors, vendors and suppliers to ensure that appropriate sanctions are taken when warranted.
(6)
Meet with minority and female contractors, vendors and suppliers to inform them of the city's affirmative action policy and posture.
(b)
(1)
Within six months of the passage of this section, the affirmative action coordinator, in coordination with the city's purchasing agent, shall conduct a study and determine whether there is a gross statistical disparity or historical pattern or practice of discrimination in the awarding of city contracts. Upon a finding of prima facie proof of a historical pattern or practice of discrimination, the purchasing agent is authorized to establish by regulation a requirement that the narrowly-tailored victims of this historical pattern or practice of discrimination shall be awarded a minimum of 25 percent of the dollar value of the entire procurement or project for every city bid or project in excess of $10,000.00.
(2)
Minority business enterprises shall be included in all procurements and construction projects and shall have a goal of being awarded a minimum of 25 percent of the dollar value of the entire procurement or project in excess of $10,000.00. All procurements shall contain a form and affidavit that detail the minority business enterprise involvement as promulgated by the purchasing agent. A bid or procurement application that does not include this form and affidavit shall be deemed incomplete and void. Any minority business enterprise currently certified by the State of Rhode Island or the U.S. Small Business Administration as an 8(a) firm governed by 13 C.F.R. part 124 shall be deemed to be certified as a minority business enterprise and shall only be required to submit evidence of federal certification of good standing. The purchasing agent is authorized to establish by regulation the certification process and formulas for giving minority business enterprises a preference in contract and subcontract awards.
(c)
The purchasing agent shall have the power to impose sanctions upon vendors not in compliance with this section and shall include but not be limited to:
(1)
Suspension of payments;
(2)
Termination of the contract;
(3)
Recovery by the city of 25 percent of the contract award price as liquidated damages; and
(4)
Denial of right to participate in future projects for up to three years.
(Code 1994, § 30-36; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-84. - Compensation.#
(a)
The city will ensure equal pay for equal work regardless of sex, race, creed, national origin or handicap.
(b)
A continuing review of jobs will be conducted to ensure that compensation for work performed will not be discriminatory.
(c)
Fringe benefits will be afforded on an equal basis for all employees.
(d)
All job classifications will be reviewed on an annual basis to ensure adequate compensation for work performed.
(Code 1994, § 30-37; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-85. - Long range plan.#
The affirmative action officer, in coordination with the purchasing agent, will initiate steps with other departments to develop common guidelines and procedures and take joint action in implementing affirmative action relationships with respect to contractors, vendors and suppliers to impact change more effectively.
(Code 1994, § 30-38; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-86. - Dissemination of policy, plan and program.#
(a)
Internal. Each employee shall be fully informed of the city's affirmative action policy, plans and commitments, as well as their own responsibilities to ensure an on-going program with positive results. This shall be accomplished by the following:
(1)
Written communication from the council president. Initially, this will be sent to all employees and department heads.
(2)
Each city department will be provided with a complete copy of the city's affirmative action plan; additionally each department head will have a copy readily available for reference and employee inquiries.
(3)
Special meetings, during initial stages, will be held regularly to discuss program responsibility and to review progress.
(b)
External. Copies of the city's affirmative action program shall be placed in the secretary of states' office, available on a noncirculatory basis to employees and general public. Additionally, the affirmative action coordinator will:
(1)
Initially, forward a letter to all regular recruitment sources, along with a copy of the council's resolution of affirmative action, advising them of the city's policy and that legally the city cannot continue to use their services unless applicant referrals are made on a nondiscriminatory basis. This shall include:
a.
Public and private employment agencies.
b.
Appropriate media.
c.
Educational institutions.
d.
Minority and female organizations.
e.
Community groups.
(2)
Meet periodically with department heads to explain and to review progress of the city's affirmative action policies and programs.
(3)
Notify all contractors, subcontractors, vendors and suppliers in writing of the city's affirmative action policy and program, requesting appropriate supportive action on their part by means of written acknowledgement or receipt of the city's policy.
(c)
Insertion of equal opportunity clause into documents; revocation clause for noncompliance. The affirmative action coordinator will ensure that an equal opportunity clause is included in all purchase orders, contracts, leases, etc., with revocation clauses for noncompliance.
(Code 1994, § 30-39; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-87. - Records and reports.#
(a)
Personnel records will be established and maintained to permit assessment of the city's effort towards affirmative action and equal employment opportunity.
(b)
The affirmative action coordinator will monitor records of referrals, placements, transfers, promotions and terminations at all levels of city government to ensure that the goals of the affirmative action plan are met.
(c)
All department heads will require reports as requested from supervisory personnel.
(Code 1994, § 30-40; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-88. - Program evaluation.#
(a)
The major objectives of affirmative action program evaluations are to:
(1)
Assess the effectiveness of management in:
a.
Identifying the factors and problems that have bearing on equal employment opportunity.
b.
Developing and implementing action programs to meet and overcome any obstacles to full equality of opportunity.
(2)
Provide management with a date upon which to base recommendations or directions for future remedial action.
(3)
Assure that action has been taken on prior recommendations and directions.
(b)
The evaluation will be directed toward accomplished results rather than just efforts made.
(c)
The evaluation will focus attention on assessing the adequacy of problem identification in the affirmative action program and the extent to which the specific action steps in the plan provide solutions, rather than mere identification of a remaining problem and recommendations for their solution.
(d)
The evaluation should determine that there is motivation for improvement and a willingness at all organizational levels to follow through on problem resolution.
(e)
The affirmative action coordinator shall make an annual report to the city council detailing the overall status of the program, results achieved toward established objectives, identification of any particular problems encountered and recommendations for corrective actions needed.
(f)
The affirmative action plan shall be reviewed at least annually and revised as necessary with new objectives and timetables established for the ensuing year. The affirmative action coordinator shall make available to the city council any reports detailing:
(1)
Annual statistical report (current employment).
(2)
Applicant referrals.
(3)
Promotions and transfers.
(4)
Hires (appointments).
(5)
Separations.
(6)
Promotable employees.
(7)
Training summary.
(8)
Annual narrative summary.
(Code 1994, § 30-41; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-89. - Freedom of information.#
(a)
All records of the city pertaining to the affirmative action program will be open to any and all persons.
(b)
With the exception of federal auditors from the federal or state equal employment opportunity agencies, a request, in writing, will be required from an individual or organization wishing to examine the files.
(c)
No person or organization will be permitted to review or examine any part of the affirmative action files pertaining to disciplinary action against an employee without a duly signed and notarized document of release executed by the employee to whom the records pertain.
(Code 1994, § 30-42; Ord. of 10-1-1984, § I; Ord. of 10-29-2020(1), § 2)
Sec. 2-90. - Employee trainings.#
The human resources director shall ensure that all city employees and members of boards and commissions receive a training on discrimination, cultural sensitivity, sexual harassment before starting their employment and/or appointment. All employees and members shall receive, at a minimum, an annual training on these same matters thereafter.
(Ord. of 10-29-2020(1), § 2)
Sec. 2-91. - Racism and racial discrimination.#
(a)
[Definitions.]
Racism means a belief that race is the primary determinant of human traits and capacities and those racial differences produce inherent superiority of a particular race.
Racial discrimination means any discrimination against individuals on the basis of their skin color, or racial or ethnic origin.
(b)
All acts of racism or racial discrimination by City of Central Falls employees will not be tolerated, and will result in automatic termination; said employee shall be prohibited from working for the City of Central Falls in any capacity.
(c)
All employees of the City of Central Falls have a duty to immediately intervene and report the following acts to the affirmative action coordinator:
(1)
When they are a witness to wrongful conduct, including racial discrimination or racism, by fellow employees;
(2)
When they are a witness to blatant civil rights violations being committed by other employees.
(d)
All employees who fail to take action in subsection (c) above will result in automatic termination and said employee shall be prohibited from working for the City of Central Falls in any capacity.
(Ord. of 10-29-2020(1), § 2)