(A) The grantee Section 3 Affirmative Action Plan is hereby adopted.
(B) This Affirmative Action Plan shall be enacted and take effect immediately upon adoption of this order.
(C) The city (hereafter referred to as “the grantee”) hereby agrees to implement a Section 3 Affirmative Action Plan in the CDBG Project Area as funded by the commonwealth from Community Development Block Grant funds. Under this Section 3 Plan the grantee agrees to implement specific affirmative action steps directed at increasing opportunities for training and employment of lower income residents of the project area and increasing the utilization of business concerns located within the community. The Section 3 Project Area, as defined by the Housing and Community Development Act of 1974, as amended, encompasses the entire portion of the Harristown community affected by the grant.
(D) In accordance with this Section 3 Affirmative Action Plan, the grantee hereby agrees as follows:
(1) To identify projected work force needs for all phases of the program by occupation, trade, skill level and number of positions and to develop utilization goals for the employment of lower income project area residents for each;
(2) To attempt to recruit from within the county the requisite number of project area residents through local advertising media; posted signs; community organizations; and public and private institutions operating within or serving the project area;
(3) To identify eligible business concerns for CDBG/HOME assisted contracts through: the Chamber of Commerce, the Urban League, local advertising median including public signage; project area committees, citizen advisory boards; lists available through CDBG program officials; regional planning agencies and all other appropriate referral sources;
(4) To maintain a list of eligible business concerns for utilization in CDBG/HOME funded procurements, to ensure that all appropriate project area business concerns are notified of pending contractual opportunities, and to make available this list for general county procurement needs;
(5) To require all bidders on contracts of over $100,000 to submit a written Section 3 Plan, including goals and the specific steps planned to accomplish these goals;
(6) To ensure that contracts which are typically let on a negotiated rather than a bid basis in areas other than Section 3 covered project areas are also let on a negotiated basis, whenever feasible, when let in a Section 3 covered project area;
(7) To maintain records, including copies of correspondence, memorandums and the like, which document that all of the above affirmative action steps have been taken; and
(8) To appoint or recruit an executive official of the city as Equal Opportunity Officer to coordinate the implementation of this Section 3 Plan.
(E) (1) Statement of policy. The affirmative action policy of the grantee is to promote equal employment opportunity; to prohibit discrimination in employment on account of race, color, religion, national origin, sex, age or handicapped status; and to bring about a fair representation and utilization of females and minorities on all levels of employment.
(2) Dissemination of policy. The grantee will advise all employees and applicants for employment of this policy and will post it in a conspicuous place. The grantee will make known to the public that employment opportunities are available on the basis of individual ability and will encourage all persons who are employed by the grantee to strive for advancement on that basis.
(3) Personnel actions. The grantee will actively recruit qualified or qualifiable persons among females and minorities on a non-discriminatory basis for all available job openings at every level; and the grantee will ensure every employee equal treatment in respect to terms and conditions of employment, job assignments, compensation, access to training and promotions.
(4) Workforce utilization; goals and timetables. The grantee will analyze the utilization of females and minorities in its workforce and compare it with the utilization by all employers in the county according to the latest official census. The goal of the grantee is to bring about comparable utilization in all categories within the next five years.
(5) Responsibility for implementation. The Mayor of the city shall be responsible for implementation of this Affirmative Action Plan, including maintenance of the Workforce Analysis and Job Roster and hearing complaints of discrimination by any employees or prospective employees of the grantee, with a final appeal to the City Commission.
(6) Evaluation and reports. The person given responsibility for implementation of this Plan shall examine its operation periodically and shall report the progress being made, together with recommendations for improvements in the Plan, to the grantee at least once every year.
(Ord. 3, passed 4-9-2001; Ord. 11, passed 4-9-2001)