ARTICLE IV. - AFFIRMATIVE ACTION PLAN
Part of the Code of Ordinances of East Providence, RI.
The text
DIVISION 1. - GENERALLY#
Sec. 11-136. - Policy statement.#
(a)
In conformance with the Civil Rights Act of 1964, as amended, it is the policy of the city to foster and actively promote equal opportunity in employment on the basis of ability to perform work, and to eliminate and prevent discrimination on the basis of race, religion, sex, age, handicap and national origin within the city service and the jurisdiction of the city.
(b)
One of the most complex and tragic problems confronting the nation today is the absence of true equal opportunity for all people. While there have been civil rights laws enacted during the past to ensure such equality, many individuals and institutions have been negligent in meeting the requirements of these laws, to the extent that equal opportunity for all people, in fact, is not a reality.
(c)
The denial of equal access to opportunities for development and growth has permitted discrimination to continue in a variety of forms. Therefore, proposed remedies must go beyond the mere announcement of an equal opportunity policy. We recognize and accept the responsibility to design and implement programs which strike at the total problem rather than simple overt manifestations. We must strive aggressively to ensure the entry and growth of minorities and women in our work force until it is emphatically clear that equality of opportunity in the city is a reality.
(d)
To achieve ultimate effectiveness in affirmative action, our efforts toward equal opportunity for all people must extend above and beyond the letter of the law; that is, total commitment to this goal on the part of every city employee. The city shall further move to solicit free and equal access by minorities and women to all of its services, including participation in its activities and representation on its boards and commissions. Your cooperation and support in affirmative action program efforts is essential in assuring equal opportunity in the city.
(Rev. Ords. 1987, § 11-136)
Sec. 11-137. - Purpose.#
(a)
The purpose of this affirmative action plan is to ensure equitable employment opportunities in municipal departments for all minority groups and women. This plan would further enhance the city's effort to voluntarily comply with title VI and VII of the Civil Rights Act of 1964, Executive Order 11246, as amended, and all state and local laws pertaining to equal employment opportunity and affirmative action.
(b)
This plan is also intended to ensure equitable participation of all minorities and females in all occupational classifications. The provisions of this plan would further ensure that contractors engaged in municipal work are nondiscriminatory.
(Rev. Ords. 1987, § 11-137)
Sec. 11-138. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Affirmative action means the planned, aggressive, coherent management program to provide for equal employment opportunity.
Affirmative action committee means the affirmative action committee of the city.
Affirmative action officer means the affirmative action officer of the city.
Affirmative action plan means the written document through which management assures that all persons have equal opportunities in all personnel activities.
Employee means all persons receiving compensation or salary from municipal monies derived from federal, state or local sources.
Equal employment opportunity means the employer's posture that all personnel activities will be conducted in a manner so as to ensure equal opportunity for all. Such activities will be based solely on the individual merit and fitness of applicants and employees.
Minority means persons of African descent, or with an American Indian, Asian, Cape Verdean or Spanish surname.
Personnel activities means recruitment, selection, appointment, promotions, testing, training, discipline and all other managerial areas.
Plan means the method used to implement the policies outlined in this article.
Program means the goals, objectives and timetables, as outlined in this article and that may, from time to time, be changed, superseded, amended and reclassified.
Underutilization means having fewer minorities or women in a particular job classification than would reasonably be expected by their availability.
(Rev. Ords. 1987, § 11-138)
Cross reference— Definitions generally, § 1-2.
Sec. 11-139. - Dissemination.#
(a)
The city shall publicize its affirmative action plan both internally and externally. The mayor shall issue to all departments a written statement of the commitment of the city to its affirmative action programs in order to create equal employment opportunity. This communication shall include copies of the affirmative action plan and policy statement.
(b)
The affirmative action plan shall be included in all employee manuals and the city equal employment opportunity policy statement will be posted in conspicuous locations in all departments and agency offices within the municipal structure of the city. All city employees shall receive a copy of the affirmative action plan upon request.
(c)
The city shall disseminate information concerning its commitment to affirmative action to all recruitment sources. This information will include a statement of the equal employment opportunity policy of the city. A list of recruitment sources to be utilized by the city is available in the office of the affirmative action officer.
(d)
The city shall also contact the appropriate news media, public and private employment agencies, and educational institutions functioning in the greater East Providence area and provide each with the affirmative action policy statement and equal employment opportunity information mentioned above.
(e)
The city shall notify all general contractors, subcontractors, vendors and suppliers doing business with the city of its affirmative action plan and equal opportunity policy and shall request similar supportive action. All firms and businesses performing services for the city shall adhere to an equal opportunity policy.
(Rev. Ords. 1987, § 11-139; Ch. 877, § I, 6-6-23)
Secs. 11-140—11-150. - Reserved.#
Sec. 11-151. - Responsibility for administration and implementation.#
(a)
The affirmative action plan commits all employees of the city to support the city's affirmative action policy. The plan reaffirms and implements the municipal government's belief in such policy and provides for a definite commitment to the policy on a continuing basis. In the implementation of this policy, the mayor exercises personal leadership in establishing, maintaining and carrying out the city's affirmative action efforts in order to promote equal opportunity in every aspect of city employment. To assist him in carrying out these policies, the affirmative action officer is assigned responsibility and authority as head of the city affirmative action policy.
(b)
Implementation of the plan will require coordination and cooperation among all divisions of city government and the community. Therefore, a permanent affirmative action committee shall be formed to work with the affirmative action officer and the mayor.
(c)
The committee shall be instrumental in the ongoing monitoring and evaluation of the affirmative action program. The affirmative action committee shall also assist in educating the general community to the provisions of the affirmative action plan and equal opportunity policy of the city.
(Rev. Ords. 1987, § 11-151; Ch. 877, § I, 6-6-23)
Sec. 11-152. - Affirmative action officer.#
(a)
There shall be created within the classified service the position of affirmative action officer who shall be hired by and responsible to the mayor. It shall be the responsibility of the affirmative action officer to ensure that any contractor or firm providing services to or doing business with the city shall adhere to equal employment opportunity, irrespective of race, creed, color, sex, national origin or age. The affirmative action officer shall be afforded the opportunity to inspect any records of firms, contractors or businesses providing services for the city, in regard to employment practices.
(b)
The affirmative action officer shall also ensure that all department and division staff openings within the municipal government shall be filled in accordance with the affirmative action plan of the city.
(c)
The affirmative action officer shall assist the personnel department in collecting and analyzing employment data, identifying problem areas, setting goals and timetables and developing programs to achieve goals. Such officer shall design, implement and monitor internal audit reporting systems to measure the affirmative action plan effectiveness and progress, and shall also be in frequent communication with the mayor to report the progress of each department. The affirmative action officer shall be knowledgeable about current legal information affecting affirmative action and equal employment opportunity. Such officer shall disseminate this information to responsible officials and the community at large.
(d)
The affirmative action officer shall cooperate with minority and women's organizations, community-based groups and all other civil rights agencies, in order to establish a workable reciprocal relationship which would lead to a broader understanding of the principles of equal employment opportunity and affirmative action among the citizens of the city.
(e)
The affirmative action officer in conjunction with the personnel director shall oversee all hiring done by the city and shall move to ensure that all hiring will be conducted through the personnel department and in accordance with the provisions of this plan.
(Rev. Ords. 1987, § 11-152; Ch. 877, § I, 6-6-23)
Sec. 11-153. - The affirmative action committee.#
(a)
Acting under the authority of subsections 11-31(3) through (5) of this Revision which gives the personnel hearing board the authority to "advise … on matters of personnel administration" and to "represent the public interest in the improvement of personnel administration in the city service," the personnel hearing board shall be an integral part of the affirmative action committee.
(b)
The committee shall consist of the three members of the personnel hearing board, as well as nine appointed members of the citizenry, among whom shall be at least one woman and representatives of minority groups. These citizens shall serve after appointment by the mayor for a period of two years. The mayor may remove a member for cause. The affirmative action committee shall elect two officers, a chair and vice-chair who shall serve in these positions for one year. The director of personnel and the affirmative action officer shall be ex officio members of this committee.
(c)
The affirmative action committee in cooperation with the affirmative action officer shall have the following responsibilities:
(1)
To review and recommend annual goals and timetables to the mayor. The goals and timetables are to be forwarded to the mayor by June 1, so funds needed for programs necessary to achieve them may be included in the mayor's proposed budget.
(2)
To review and recommend to the mayor and the city council such rules and regulations necessary to promulgate the city's affirmative action program.
(3)
To advise affected or underrepresented groups of their rights under the affirmative action plan.
(4)
To disseminate information and to educate the people of the city to a greater understanding and practice of affirmative action employment.
(5)
To make specific recommendations to the mayor and city council, so as to bring all appropriate ordinances into conformity with the policies of this program.
(6)
To recommend to the mayor and the city council a policy with respect to vendors and contractors and their obligation for affirmative action on any contract with the city.
(7)
At least once a year, to make a written report to the mayor and city council of its activities and recommendations.
(Rev. Ords. 1987, § 11-153; Ch. 521, § I, 1-4-11; Ch. 877, § XIX, 6-6-23)
Sec. 11-154. - Relationship between the affirmative action officer and the affirmative action committee.#
(a)
While the affirmative action officer will serve as an ex officio member of this committee, such officer's relationship to the committee is one of advising, sharing information and planning. The affirmative action officer will not have a vote on this committee.
(b)
The committee will recommend policy to the city council, to ensure the proper decisions and recommendations on affirmative action issues. The affirmative action committee may request that the affirmative action officer gather selected data for use by the committee.
(c)
The affirmative action officer shall make recommendations to the committee and will represent the city in any matter that does not require legal consideration or representation. The officer will make annual reports to the affirmative action committee and the mayor. The affirmative action officer shall also be available to supervise any affirmative action activity sponsored by the committee.
(Rev. Ords. 1987, § 11-154; Ch. 877, § I, 6-6-23)
Sec. 11-155. - Responsibilities of department and division directors.#
(a)
All department and division heads of the city shall be informed by the mayor of their responsibilities to adhere to this affirmative action plan for the city and shall consider these responsibilities basic to the successful operation of their particular divisions of municipal government. Supervisors and managers shall be informed that they will be expected to carry out affirmative action requirements as expeditiously as any other element of their stipulated duties.
(b)
The affirmative action officer, in cooperation with the mayor, shall initiate training sessions designed to sensitize directors, supervisors and managerial staff employed by the city to the kind of employment barriers and attitude deterrents that often hinder equal employment opportunity. The affirmative action committee membership will be utilized in the development of such sensitivity training sessions.
(c)
The affirmative action plan of the city shall be presented and discussed as a part of training and orientation programs for all employees of the city.
(Rev. Ords. 1987, § 11-155; Ch. 877, § I, 6-6-23)
Secs. 11-156—11-165. - Reserved.#
DIVISION 3. - ANALYSIS OF CONDITIONS#
Sec. 11-166. - Underutilization of minorities and women in municipal government.#
(a)
The procedures outlined in this section are designed in part to remedy the disparate staffing and recruitment patterns that have negatively affected the employment opportunities of minorities and females with the city. According to the equal employment opportunity commission, report number four for 1974, there was little progress in terms of the utilization of minorities and women employed by city government.
(b)
Minorities and women were not equitably represented in certain municipal functions within the municipal structure, as indicated in the three charts below:
(1)
Minority utilization (as of January 30, 1976):
Municipal
Function Minority Total Percent
Finance 0 19 0
Public works 3 121 2.4
Police 2 101 1.9
Fire 1 123 .8
Public welfare 0 1 0
Planning 0 6 0
Personnel 1 3 33.3
Library 2 15 13.0
Parks/recreation 1 19 5.3
*Mayor 2 19 10.5
Total 12 427 2.8
*Also includes law, city clerk and canvassing.
(2)
Women utilization (by municipal function as of January 30, 1976):
Municipal
Function Women Total Percent
Finance 12 19 63.0
Public works 7 121 5.6
Police 1 101 .9
Fire 0 123 0
Public welfare 1 1 100.0
Planning 3 6 50.0
Personnel 2 3 66.66
Library 11 15 73.0
Parks/recreation 1 19 5.0
*Mayor 13 19 68.0
Total 51 427 12.0
*Also includes law, city clerk and canvassing.
_____ (3)
Women utilization (by job classification):
Job
Classification Salary Range Women Total
Administrator $12,000.00 up 2 13
Supervisor 9,000.00 to 12,000.00 2 18
Office/clerical 5,382.00 to 9,724.00 45 47
Protective service 9,724.00 to 17,992.00 1 244
Service/maintenance 7,410.00 to 10,166.00 1 125
Total 51 427
_____
(c)
The United States Census Survey statistics of 1970 reveal that of the 48,151 residents in the East Providence area, some 25,274 are women and over 1,682 are classified as nonwhite (classification data pertaining to Cape Verdeans and Portuguese have greatly effected these figures). In view of these statistics, the municipal work force does not reflect the numbers of minorities and women that would reasonably be expected by their availability. Minorities are conspicuously underutilized in administrative, professional, paraprofessional, office and clerical and skilled craft job classifications. Women in city government hold most of the office and clerical positions, but very few are found in the administrative and professional classification. Therefore, the city is legally required to address itself to the elimination of the inequities exemplified above. Through the utilization of affirmative action, the city would also provide a role model for other employers operating in the area, whose equal employment opportunity performance has been lax.
(d)
Heretofore, the stated policy of the city has been one of nondiscrimination. However, this statement of policy did not address itself to the specific problems of minority and women underutilization or concentration in municipal government. Equal employment opportunity for persons seeking employment with the city, regardless of race, religion, color, sex, handicap, national origin or age, requires special affirmative action procedures that would effect all employment practices, including but not limited to, recruiting, hiring, transfer, promotion, training, compensation, benefits, layoff and termination.
(e)
In view of these considerations, the city has developed this affirmative action plan to create an equitable system and eliminate the effects of the nonprogressive employment practices that have impeded equal employment opportunity in the municipal government of this city.
(Rev. Ords. 1987, § 11-166; Ch. 877, § I, 6-6-23)
Secs. 11-167—11-180. - Reserved.#
DIVISION 4. - GOALS#
Sec. 11-181. - Underutilization areas; corrective measures by certain departments.#
(a)
According to the statistics of the 1974 Equal Employment Opportunity Report #4, minorities are underrepresented in the following areas: police protection (0.9 percent), fire protection (0.8 percent), community development (0 percent), finance (0 percent) and public works (2.4 percent).
Minorities are underutilized in several job classifications. Underutilization can be found in the following classifications: administrative, professional, paraprofessional, office and clerical and skilled crafts.
Women are concentrated within the office and clerical positions in the city government (90 percent). Specific measures are necessary to increase the representation of women in all classifications, particularly administrative, professional and protective service positions.
(b)
The departments of city government which fall under the functional areas that reflect underutilization of minorities shall, in conjunction with the personnel director and affirmative action officer, immediately institute basic analytic and corrective measures which shall include, but not be limited to, the following:
(1)
A review shall be made of all personnel policies, practices and procedures, with particular emphasis on recruitment and training capabilities, in order to identify those procedures that have an adverse effect on minorities or women.
(2)
Action shall be taken to ensure that salaries and benefits are the same for all employees in similar job classifications.
(3)
All job classifications shall be analyzed to ensure that sex, race, religion, national origin or age are not factors in placing employees in jobs with different opportunities for advancement, except where such factors are bona fide occupational qualifications.
(4)
The city shall seek to fill a minimum of 15 percent of all openings with qualified minority applicants for the next three years, or until the city employee labor force reflects the proper percentage of minorities in the city as a whole.
(5)
Departments shall survey present layoff, recall, termination, demotion, discharge and all disciplinary actions to ensure that they do not adversely affect minorities and women.
(6)
Union contract provisions affecting the above procedures shall also be reviewed and, where needed, corrections will be recommended.
(7)
Trade unions are specifically subject to Title VII of the Civil Rights Act of 1964. Union cooperation shall be sought to remove discriminatory factors revealed from our analysis of employment practices.
(8)
All tests shall be reviewed for job-relatedness. In many cases the use of intelligence, aptitude and other tests developed to provide objective evaluation of applicants has had major disproportionate effect in rejection of minorities and women, without having any proven relation to predicting successful job performance. Testing is a major area for immediate review and action.
(9)
In an effort to promote uniform personnel procedures and to allow for one focal affirmative action monitoring point, the personnel department shall process all hiring for the city's full-time and part-time, summer and winter employees.
(10)
The coordinator of our federal employment program shall also submit projected goals for the employment of minorities and women at the beginning of each fiscal period.
These basic measures shall be the first steps toward the long range goal of this affirmative action plan, that goal being the representation of each underutilized group in all job classifications within the identified target functional area as well as municipal government as a whole.
(Rev. Ords. 1987, § 11-181)
Sec. 11-182. - Timetables.#
The following tables shall set numerical goals and set forth timetables in which the city shall make every good faith effort toward achieving these goals within the context of employment opportunities. Minority utilization goals, by functional area, include the following areas: (1)
Functional area—Mayor. .....
As of 1/1/75 .....10.5%
The present percentage shall be maintained as the lowest acceptable level. Upward mobility for women is a prime goal in this area.
(2)
Functional area—Police protection. .....
As of 1/1/75 .....0.9%
From 1/1/76 until 12/31/76 .....1% to 4%
From 1/1/77 until 12/31/77 .....4% to 7%
From 1/1/78 until 12/31/78 .....7% to 10%
(3)
Functional area—Fire protection. .....
As of 1/1/75 .....0.8%
From 1/1/76 until 12/31/76 .....0.78% to 4%
From 1/1/77 until 12/31/77 .....4% to 7%
From 1/1/78 until 12/31/78 .....7% to 10%
(4)
Functional area—Parks/recreation. .....
As of 1/1/75 .....10%
The present percentage shall be maintained as the lowest acceptable level. The goals in this department shall be set for summer and winter part-time help as stated earlier.
(5)
Functional area—Community development. .....
As of 1/1/75 .....0%
From 1/1/76 until 12/31/76 .....0% to 3%
From 1/1/77 until 12/31/77 .....3% to 4.5%
From 1/1/78 until 12/31/78 .....4.5% to 7%
(6)
Functional area—Library. .....
As of 1/1/75 .....13%
From 1/1/76 until 12/31/76, the present percentage shall be maintained as lowest acceptable percentage for this department. Goals for the employment of summer and winter part-time workers shall be set.
(7)
Functional area—Public works. .....
As of 1/1/75 .....2.4%
From 1/1/76 until 12/31/76 .....0.76% to 4%
From 1/1/77 until 1/31/77 .....7% to 10%
(8)
Functional area—Finance. .....
As of 1/1/75 .....0%
From 1/1/76 until 12/31/76 .....0% to 3%
From 1/1/77 until 1/31/77 .....3% to 6%
From 1/1/78 until 1/31/78 .....6% to 9%
Women utilization shall be increased for minority percentages. However, major consideration will be in the upward mobility of those women currently employed in these areas.
(Rev. Ords. 1987, § 11-182; Ch. 877, § I, 6-6-23)
Sec. 11-183. - Measures to facilitate reaching goals.#
In order to facilitate the efforts of the city in reaching the goals set out in section 11-182, the following measures shall be initiated: (1)
Local minority and women's rights organizations shall be made aware of equal employment opportunity and affirmative action plan commitments of the city. These organizations shall receive recruitment notifications for vacancies in any of the municipal divisions or departments. These groups should also be involved in the planning stages of all programs and committees designed to enhance the progressive development of the local community.
(2)
In view of the low percentage of minorities and women employed in administrative and professional levels within the city, more recruitment in this area is necessary. Therefore, the city's relationship with local institutions of higher learning should be strengthened. Minority and women graduates of such institutions shall be identified and informed of professional employment opportunities with the city. Recruitment notifications shall be made available to the placement offices of respective institutions, emphasizing the city's equal employment opportunity and affirmative action plan commitments.
(3)
More sensitive interview procedures shall be adopted within city government. Any municipal selection standards that have a desperate effect on minorities or women shall be revised or eliminated. Interview monitoring methods and the resultant corrective recommendations will be handled by both the affirmative action officer and the affirmative action committee.
(4)
The affirmative action officer shall investigate the employment procedures of departments, scrutinizing the upward mobility (assignments, job progressions, promotions, seniority, transfers, and training), the wage and salary structure, benefits, conditions of employment, maternity leave, layoff, terminations, recall and the entire disciplinary system. The city shall identify problem areas that have contributed to the underutilization and concentration of minority or women resources and develop specific remedies for each department.
(5)
The personnel department shall submit to the affirmative action officer regular flow sheets that would identify all employees by job classification, race, sex and salary. Specific forms shall be used to designate separately full-time, part-time, federally funded and newly hired personnel. This information shall be reviewed by the affirmative action officer and the affirmative action committee in order to pinpoint areas in need of corrective measures. The forms to be used are available in the office of the affirmative action officer.
(Rev. Ords. 1987, § 11-183)
Secs. 11-184—11-195. - Reserved.#
DIVISION 5. - COMPLIANCE PROCEDURES FOR CONSTRUCTION PROJECTS#
Sec. 11-196. - Measures to ensure nondiscriminatory hiring practices.#
Specific measures to ensure nondiscrimination in the hiring practices of contractors engaged in a municipal construction project are necessary. A prime contractor, subcontractor or firm awarded a contract to construct a municipal, federally-assisted or state-assisted construction project for the city or who provides services to the city assumes the obligation to take whatever affirmative action is necessary to assure the city that there will be equal employment opportunity during the performance of this project. All contractors and subcontractors shall carry out equal employment opportunity contract provisions as expeditiously as any of the other elements of the stipulated contractual agreements. The following procedures and practices shall be instituted by the city to ensure nondiscrimination on city construction projects: (1)
Within two working days of an advertisement for bids, the municipal contracting agency shall notify the affirmative action officer in writing that such an announcement has been made. The contracting agency shall provide the affirmative action officer with the names of all contractors or firms who submit the lowest responsible bid, the proposed initiation date of the project and copies of the contractor-signed affirmative action bid certifications.
(2)
The contracting agency, the contractor and the affirmative action officer shall schedule a preaward conference to discuss the existing or proposed affirmative action procedures to be utilized by the contractor to ensure significant minority and women representation at all skilled levels in all categories of its work force.
(3)
The contractor will send to each union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the labor union of the contractors' commitments to the city regarding equal employment opportunity.
(4)
The municipal agency shall require that the contractor engaged in municipal projects provide to the agency and the affirmative action officer copies of the department of labor monthly manpower utilization reports. The contracting agency shall confer with the affirmative action officer for the purpose of evaluation and review of these reports.
(5)
The affirmative action officer shall conduct site visits in order to inspect the equal employment and affirmative action plan performance of the contractor and subcontractors engaged on the project.
(6)
During this physical tour, the affirmative action officer shall determine whether equal employment posters are displayed in conspicuous locations and that the statistics submitted by the contractor are in fact accurate. The affirmative action officer of the city shall be afforded access to all company records pertaining to employment.
(Rev. Ords. 1987, § 11-196)
Secs. 11-197—11-210. - Reserved.#
DIVISION 6. - GRIEVANCE PROCEDURES#
Sec. 11-211. - Right of appeal; investigation and report by affirmative action officer.#
(a)
All aggrieved minority or women employees will be advised of their rights to appeal any suspensions, demotions, transfers or discharges, in accordance with section 11-70.
(b)
In cases where discrimination is alleged, the affirmative action officer shall conduct a personal investigation and shall report such findings to the mayor and personnel hearing board for a judgment within the currently specified time period.
(c)
All complainants shall be informed of their legal prerogative to appeal any grievance decision to the appropriate agency or the courts for remedy by due process as further stipulated in this Revision.
(Rev. Ords. 1987, § 11-211; Ch. 877, § I, 6-6-23)
DIVISION 7. - EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION POLICY#
Sec. 11-212. - Policy statement.#
(a)
The City of East Providence hereby affirms its commitment to equal opportunity and affirmative action by fostering and actively promoting equitable employment opportunities throughout its municipal and school departments. Moreover, the city affirms its commitment to the prevention and elimination of discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability. The affirmative action officer, under the direct administrative supervision of the personnel director, is responsible to the mayor, in accordance with the City Ordinance, Book 5, Chapter 61, entitled: An Ordinance Adopting An Affirmative Action Plan for the City of East Providence, Rhode Island, adopted April 19, 1976, and is duly empowered with full authority and responsibility to develop and ensure compliance with laws, policies and practices established to assist the city in achieving its equal opportunity and affirmative action goals.
(b)
The city values the culture and background of all people, and recognizes that the goals of equal opportunity and affirmative action can only be achieved through committed leadership and administrative policies and practices that lead to a culture of inclusion. Thus, the implementation of this Equal Opportunity and Affirmative Action Policy is intended to enhance programs and introduce strategies that, once implemented, will bring about the positive, proactive changes necessary to the achievement of the city's equal opportunity and affirmative action goals.
(c)
In accordance with the city's affirmative action plan and the commitment affirmed through this policy, the city shall continue to promote equal opportunity and affirmative action in all areas of operation. Special emphasis shall be given to the following areas:
(1)
Ensuring that all employment practices and decisions, as well as appointments to boards and commissions, are made without discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability.
(2)
Disseminating the affirmative action plan and this policy to all municipal and school departments, along with a written statement by the mayor affirming the city's commitment to its affirmative action programs.
(3)
Investigating allegations of discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability.
(4)
Take reasonable steps to ensure that all contractors and firms doing business with the city adhere to applicable federal and state laws, rules and regulations governing fair labor and equal employment practices during the performance of their contract.
(5)
Training municipal and school department employees on the topics of equal opportunity, harassment/sexual harassment prevention, and diversity.
(Ch. 561, § I, 8-21-12; Ch. 877, § I, 6-6-23)
Sec. 11-213. - Employment practices.#
(a)
The city will make every effort to ensure that all employment practices and decisions are made fairly and equitably. Such employment practices shall include, but not be limited to, employee recruitment, hiring, transfer, promotion, training, compensation, benefits, layoff, and termination. The affirmative action officer, in conjunction with the personnel director, and with the assistance of personnel office staff, shall oversee all employment practices to ensure they are conducted in accordance with the provisions of City Ordinance, Book 5, Chapter 61, section 11-136 through section 11-230, and subsection 11-65(e). This shall include, but not be limited to:
(1)
Reviewing and revising employment practices, personnel rules, policies and procedures, as needed, to ensure that they comply with federal and state laws, and that they are rendered fairly, appropriately, and without discrimination.
(2)
Developing and implementing best practices for recruitment that broadens outreach and increases the likelihood of attracting a more diverse applicant pool of individuals who meet the minimum requirements for job openings, especially for those job classifications and categories where there exists an underrepresentation of women and minorities. Practices shall also be developed to ensure that boards and commissions are adequately represented by women and minorities.
(3)
Developing and implementing a process for collecting and analyzing employment data, including applicant demographic data for each position filled. The data from the analysis shall be used to identify areas of underutilization of women and minorities throughout the city's workforce and to determine whether the selection process adversely impacted women or minorities. The data shall also be used for the purpose of setting hiring goals for each job classification and category where underutilization exists.
(4)
Demographic data shall also be collected and analyzed of those serving on the city's boards and commissions. At the request of the affirmative action officer, each board and commission shall submit a list of its members, along with their race, gender, and date of appointment. Every effort shall be made to appoint women and minorities to those boards and commissions where underrepresentation exists.
(b)
The affirmative action officer and personnel director shall work cooperatively in carrying out their respective responsibilities with regard to the above. Any conflict that may arise between the affirmative action officer and the personnel director in relation to their responsibilities shall be resolved by the mayor.
(Ch. 561, § I, 8-21-12; Ch. 877, § I, 6-6-23)
Sec. 11-214. - Dissemination of affirmative action plan.#
The city affirms its support for the development and implementation of the affirmative action plan. Furthermore, the city acknowledges that it is the responsibility of every municipal and school department employee, as well as those doing business with the city to adhere to the laws, policies, and procedures outlined in the affirmative action plan and to support the affirmative action officer with regard to the plan's implementation. Therefore, in addition to complying with all aspects of the City Ordinance, Book 5, Chapter 61, section 11-139, entitled "dissemination," the mayor shall disseminate the affirmative action plan, along with this policy, and a written statement to all municipal and school department directors affirming the city's commitment to its affirmative action programs. A copy of the affirmative action plan and this policy shall also be provided to any employee of the city upon request. Additionally, general contractors, subcontractors, vendors, and suppliers doing business with the city, as well as firms and businesses performing services for the city, shall receive a copy of the affirmative action plan and this policy, and the city shall require their compliance to all federal and state laws throughout the term of their contract or provision of services.
(Ord. No. 561, § I, 8-21-12; Ch. 877, § I, 6-6-23)
Sec. 11-215. - Allegations of discrimination.#
The affirmative action officer shall be responsible for the investigation of any allegation of discrimination in employment practices, provision of services, or city sponsored programs and activities, on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability. Any employee, applicant for employment, service provider or recipient, or participant in city sponsored programs and activities, believing that they have been discriminated against on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability, may contact the affirmative action officer, who will promptly investigate the matter in accordance with grievance procedures outlined in the city's affirmative action plan. In addition, the following actions shall be taken: (a)
The affirmative action officer, in carrying out the responsibilities related to investigations, shall make every effort to ensure that investigations are confidential and supported by factual information and impartial judgment.
(b)
Whenever necessary, all officers, employees, and service providers of the city shall furnish the affirmative action officer with any information and records within their custody that may, in the opinion of the affirmative action officer, be deemed necessary to any inquiry or investigation involving an allegation of discrimination and/or retaliation, except as prohibited by law.
(c)
In the event that an officer or employee fails to provide such information or records, or the personnel director disagrees with the necessity of such information and/or otherwise impedes the progress of any inquiry or investigation, the affirmative action officer may call upon the mayor to resolve the situation in an appropriate manner.
(d)
The findings of any investigation conducted by the affirmative action officer shall be reported to the mayor and the personnel hearing board, who shall promptly resolve the matter.
(Ch. 561, § I, 8-21-12; Ch. 877, § I, 6-6-23)
Sec. 11-216. - Construction project nondiscrimination compliance.#
The city values the services provided by contractors and firms. It is expected, however, that any prime contractor, subcontractor, or firm doing business or awarded a contract with the city, takes appropriate action in assuring the city that there will be equal employment opportunity during the performance of their contract. In accordance with City Ordinance, Book 5, Chapter 61, section 11-196, entitled "measures to ensure nondiscriminatory hiring practices," the city will ensure that all practices and procedures outlined in the ordinance are followed and that the affirmative action officer is provided the support and personnel office staff assistance needed to comply with requirements under this section.
(Ch. 561, § I, 8-21-12)
Sec. 11-217. - Training.#
(a)
The city affirms the importance of administering training programs designed to give municipal and school department employees an overview of equal opportunity laws and policies which cover discrimination and harassment/sexual harassment prevention. The city also acknowledges that diversity training designed to sensitize municipal and school department employees to attitudes, behaviors, and systemic practices that create barriers and hinder progress toward the achievement of equal opportunity and diversity, is needed.
(b)
The affirmative action officer shall design and facilitate a training orientation program on the topics of equal opportunity, harassment/sexual harassment, and diversity. Such training shall be mandatory for all directors, managers, supervisors, and employees within one year of the effective date of this policy, and thereafter mandatory for all new employees within one year of their date of hire. Additional training on related topics may be included on an as-needed basis.
(Ch. 561, § I, 8-21-12)
Sec. 11-218. - Applicability.#
This policy and its implementation affirm the city's commitment to equal opportunity and affirmative action. All municipal and school department directors, managers, and supervisors are expected to work cooperatively with the affirmative action officer in monitoring and ensuring compliance with this policy, as well as the laws, policies, and procedures outlined in the city's affirmative action plan.
(Ch. 561, § I, 8-21-12)