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For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGENCY. Any unit of government within the municipal structure of the city that is responsible for the application, administration and execution and compliance with the provisions of this Section.
CITY. The City of Boston.
COVERED EMPLOYEE. Any employee employed directly by the city, including a contract employee employed pursuant to an employment agreement between the city and the employee. Collective bargaining and civil service procedures that conflict with provisions of this Section supersede those provisions of this Section.
FAMILY RELATIONSHIP. A relationship by blood, adoption, marriage and domestic partnership, and includes parents, grandparents, great- grandparents, grandchildren, great-grandchildren, children, uncles, aunts, nephews, nieces, first cousins, siblings and the spouses of domestic partners of each of these relatives. This definition includes any relationship that exists by virtue of marriage or domestic partnership, such as in-law and step relationships.
MINORITY. A person who is Black, Hispanic, Asian American, Pacific Islander, Native American or Cape Verdean.
NEPOTISM. Conflict of interest as defined in M.G.L. Chapter 268A, and shall also refer to the practice of someone in a position of authority showing favor to an individual or individuals with whom they are in a family relationship, as defined by this Section.
(CBC 1985 15-10.2; Ord. 1987 c. 15 § 2; Ord. 2022 c. 5)
(A) There is hereby established within the Office of Human Resources, or any successor Office, a position to be known as Director of Diversity; said position to be filled by appointment by the Mayor for a term expiring on the first Monday of January following the next biennial election at which the Mayor is elected who shall have the powers and perform the duties imposed by law. The Mayor shall appoint the Director of Diversity within 120 days of passage of this Section.
(B) The Director of Diversity shall have oversight of the city’s policy of nondiscrimination, equal opportunity and affirmative action.
(CBC 1985 15-10.3; Ord. 1987 c. 15 § 3; Ord. 2022 c. 5)
The Director of Diversity shall:
(A) Work with all City Cabinets to designate a new or identify an existing internal Diversity Officer who shall be tasked with the creation of a Diversity Plan;
(B) Work with all City Agencies’ Diversity Officer in the creation of their Diversity Plan, including, but not limited to: a detailed plan for the hiring of minority employees, women employees, LGBTQ+ employees and employees with disabilities; a detailed plan for the promotion of said employees; preventing harassment, intimidation and bullying; a detailed plan for disseminating this information to covered employees. Such a plan will be made available to the public via an online dashboard and the Office of the City Clerk;
(C) Give final approval or disapproval of all Diversity Plans prepared by such Agency’s Diversity Officer;
(D) Conduct a yearly audit or review of Diversity Plans and their implementation to ensure that they comply with such plans and the intent of this Section;
(E) Establish a uniform complaint procedure which shall be available to any covered employee subject to this Section to determine any and all issues arising from this Section and related to Diversity Plans, including protections against retaliation. This shall also apply to prospective employees and employees who have received a conditional offer of employment but have yet to begin their work. It is recognized that the uniform complaint procedure established by the Director of Diversity cannot substitute for any employee’s rights under commonwealth or federal anti-discrimination laws, therefore any complaint procedure established by the should focus on supporting the effective operation and implementation of Diversity Plans by the city, while not replace any individual employee’s existing rights under commonwealth and federal law, including the rights to bring matters to the MCAD, to the Civil Service Commission or to any process established by a collective bargaining agreement;
(F) Take appropriate steps to build public awareness of the Director of Diversity, in addition to awareness amongst covered employees, and of all procedures established by the Office for receiving complaints. The CDO shall provide information to covered employees about the identification of nepotism, workplace discrimination, hiring and promotional discrimination, harassment, intimidation and bullying;
(G) Ensure that all covered employees are provided with a fact sheet about this Section and any other relevant workplace discrimination/anti-nepotism policies and ordinances, including contact information for the Human Rights Commission, the Office of Human Resources, the Mayor’s Office of Women’s Advancement, the Mayor’s Office of Immigrant Advancement, the Disability Commission, the commonwealth’s Commission Against Discrimination, the Office of Veterans Services and other Departments as needed. This fact sheet shall be posted in a conspicuous location visible to all employees;
(H) Report from time to time, but at least every six months, to the Mayor and the Boston City Council on the progress being made by the Agencies in administering their Diversity Plans. The Director of Diversity shall submit an annual report to the Mayor and Boston City Council with details and figures documenting Agency progress made towards realizing this Section’s goals. The report shall include an identification of problems and specific recommendations for increasing the city’s performance, in consultation with the city’s HR, payroll, benefits and Departments to ensure success in meeting the city’s affirmative action goals. The Director of Diversity shall submit the reports to the Clerk and the Clerk shall docket the report and include the docket on the agenda of the next-occurring meeting of the Boston City Council; and
(I) Ensure that the city’s personnel system is operated in ways which provide assistance to Agencies in meeting the goals set in the Diversity Equity Inclusion Plans.
(CBC 1985 15-10.4; Ord. 1987 c. 15 § 3; Ord. 2022 c. 5)
In regards to recruitment and employment practices for prospective covered employees the Director of Diversity shall:
(A) Ensure that any individual who receives a conditional offer of employment with the city discloses all family relationships to or with other covered employees or officials;
(B) Ensure that any employee engaged in the hiring process or holding decision making authority for their Agency receiving an application from a family member, discloses that relationship to their Immediate supervisor and recuses themselves from the hiring process;
(C) Ensure that no public officials or covered employee supervises, evaluates or directly manages any other covered employees with whom they have a family relationship; and
(D) Create alternate arrangements for instances where a family relationship arises so that no official or employee performs supervision and/or influences in any manner the terms and conditions of employment of a relative.
(CBC 1985 15-10.5; Ord. 1987 c. 15 § 4; Ord. 2022 c. 5)
In regards to promotional practices for covered employees, the Director of Diversity shall:
(A) Establish criteria for a fair, and transparent procedure regarding promotions, upgrading and reclassification of any covered employee;
(B) Provide opportunities upon request for employees to assess and review career paths and other opportunities for advancement within the city;
(C) Ensure that a reasonable amount of time at the discretion of the Director of Diversity is given to all covered employees looking to receive a promotion, upgrade or reclassification; and
(D) Ensure that, should a covered employee be denied for a promotion, the employer shall provide a statement of specific reasons for their denial if requested.
(CBC 1985 15-10.6; Ord. 2022 c. 5)
(A) Membership. The membership shall consist of 21 members, all of whom shall be appointed by the Mayor. One two-year term member shall be a youth member. One three-year member shall be a youth member.
(B) Terms.
(1) The members shall be appointed to serve for the following initial terms:
(a) Seven members shall serve for two-year terms;
(b) Seven members shall serve for three-year terms; and
(c) Seven members shall serve for four-year terms.
(2) Thereafter, as the term of a member expires, the member’s successor shall be appointed by the Mayor for a term of three years from such expiration.
(3) Any members absent for more than one-third of the Commission meetings within a 12-month period may be removed from the Commission by the Mayor at the Mayor’s discretion by filing a written statement of reasons for removal with the City Clerk; provided, however, that there were at least three meetings of the Commission during the 12-month period.
(4) Vacancies, other than by reason of expiration of terms, shall be filled for the balance of unexpired terms, appointed in the same manner and by the same body.
(C) Chair. The Mayor shall appoint a member as the Chair of the Commission.
(D) Executive Director. The Mayor shall appoint an Executive Director of the Commission on Black Men and Boys that shall be an existing, paid employee of the city, to oversee and run the daily operations and administration of the Commission. The Executive Director shall serve as the advisor of the Commission and shall have the powers of a Department head with respect to the execution of contracts and matters of personnel management within said Office. The Executive Director shall serve as a member of the Commission, ex officio and without additional compensation, and shall have an official vote on matters before the Commission.
(E) Compensation. The members shall serve without compensation.
(CBC 1985 15-11.2; Ord. 2021 c. 11; Ord. 2022 c. 1 § 1)
The Duties of the Commission shall include, but not be limited to:
(A) Advising the Mayor on issues pertaining to Black men and boys;
(B) Assisting the Office of the Mayor in determining budget and policy priorities;
(C) Monitoring and advising City Agencies and Departments on issues pertaining to Black men and boys;
(D) Designing projects and programs that promote equity for Black men and boys which are not currently being implemented by existing City Agencies;
(E) Performing outreach, communication and liaison to Black men and boys related to community groups and organizations;
(F) Working with the Department of Intergovernmental Relations concerning commonwealth and federal legislation and programs that are of concern to Black men and boys;
(G) Working with City Departments including, but not limited to: the Human Rights Commission, the Equity and Inclusion Cabinet and Boston Public Schools to assure that Black men and boys are represented at all levels of city government;
(H) Coordinating dialogues and action on behalf of city government to issues of concern to Black men and boys and related organizations, including, but not limited to: concerns related to national origin, sexual orientation and gender identity, mental, physical and sexual health, violence prevention, employment and more;
(I) During the first year of its existence, the Commission shall hold monthly meetings and give updates to the Boston City Council on a quarterly basis; and
(J) Producing a yearly report pertaining to the work of the Commission and the progress of the city and the community to advance the status of Black men and boys. The Commission shall submit the report to the City Clerk who shall forward the report to the Mayor of the city and shall file the report and include the docket on the agenda of the next-occurring meeting of the Boston City Council.
(CBC 1985 15-11.3; Ord. 2021 c. 11)
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