§ 254.27  AFFIRMATIVE ACTION PROGRAM.
   (a)   Adoption; purpose. There is hereby established and adopted the following Affirmative Action Program for the city, comprising a set of specific and result-oriented procedures to which the city is totally committed. These procedures, coupled with the city's good faith efforts, will ensure equal employment opportunity.
   (b)   General statement of policy. It is the policy of the city to hire well-qualified people to perform the varied tasks the city requires. An integral part of this policy is to provide equal opportunity for all persons seeking employment and to recruit and administer hiring, working conditions, benefits and privileges of employment, compensation, training, advancement, transfers and terminations for all employees without discrimination because of race, color, religion, sex, national origin, ancestry, age or disability.
   (c)   Objectives.
      (1)   The objective of this Affirmative Action Program is to achieve, within a reasonable period of time, an employee breakdown with respect to race, sex and disability in each major job classification, which breakdown approximately reflects the availability of each group in the labor pool from which the city recruits employees.
      (2)   The objective further calls for achieving full utilization of minorities, women and disabled persons at all levels of management and non-management positions and by job classification at a faster pace than would normally occur.
      (3)   An integral part of the city's Affirmative Action Program is the establishment of goals and intermediate targets designed to change the race, sex and disability breakdown, particularly in those areas where there has been underutilization of minorities and women.
      (4)   The city is assuring the full realization of its stated objective through a continuous procedure of monitoring and reporting.
   (d)   Reaffirmation of EEO Policy. This section represents a reaffirmation of the city's policy to provide equal employment opportunity in all personnel actions for all employees regardless of race, color, sex, national origin, ancestry, religion, disability or age.
   (e)   Policy dissemination.
      (1)   Internal policy dissemination.
         A.   The City's Equal Employment Opportunity (EEO) Policy and Affirmative Action Program are periodically posted within the city's departments.
         B.   Special meetings are held with all department heads to inform them about the city's EEO Policy and Affirmative Action Program. These meetings include a statement from the Mayor expressing support for the program. In addition, an individual manager's responsibility for program effectiveness is precisely spelled out. Records of department head attendance are maintained to ensure that all management employees have been present at these meetings.
         C.   The city's EEO Policy and Affirmative Action Program are communicated to all non-management employees at special meetings. At these meetings, it is fully explained how employees can benefit from the program. Employees are informed of their responsibilities under the Program and are given an opportunity to discuss the Program. Employee attendance is documented to ensure complete coverage.
         D.   The Affirmative Action Program is part of the city's orientation program for new employees.
         E.   Union officials have been advised orally and in writing about the city's EEO Policy and Affirmative Action Program and their cooperation has been confirmed. The Union agreement with the city includes the following non-discrimination clause: "In a desire to restate their respective policies, neither the City of Kirtland, nor the Union, shall unlawfully discriminate against any employee because of race, color, sex, national origin, ancestry, religion, disability or age."
         F.   The EEO Policy is posted on the city's bulletin boards.
         G.   The Affirmative Action Program is covered in depth with all employees working in employment-related jobs. In addition, such employees' individual responsibility in assisting the city to meet its affirmative action objectives is clearly outlined.
      (2)   External policy dissemination.
         A.   All major recruiting sources, including minorities, females, disabled persons, all senior citizen organizations, community agencies, community leaders, high schools, vocational and technical schools, junior colleges and colleges, are informed both verbally and in writing of our EEO Policy and Affirmative Action Program. These sources are requested to actively recruit and refer minorities, females, disabled persons and elderly people for all positions for which the city normally hires.
         B.   Advertisements for employment are placed in minority and women's oriented media as well as other media. When employees are featured in employment advertisements, both minority and non-minority men and women are pictured. All employment advertising contains the phrase, "an equal opportunity employer" and where no joint "male-female" column is available, ads are placed under both the male and female columns.
         C.   The city's service advertising features employees and non-employees of both sexes and all EEO groups.
         D.   The city communicates to all prospective employees the existence of the Affirmative Action Program and how they can benefit from it.
         E.   A statement about state and federal equal opportunity requirements and regulations is made a part of the city's contracts, order forms, leases and so on. In addition, a more detailed document is executed with all suppliers providing goods or services amounting to ten thousand dollars ($10,000.00) or more annually.
      (3)   Equal employment opportunity posters. The following posters are permanently displayed in conspicuous places throughout city facilities, including employment, testing and reception areas:
         A.   Equal Employment Opportunity Law; and
         B.   State Equal Employment Opportunity Poster.
   (f)   Responsibility.
      (1)   The Mayor has overall responsibility for the implementation of the Affirmative Action Program. Operating responsibilities for the program are delegated to the city's Equal Employment Opportunity Manager. These responsibilities include the following:
         A.   Developing the Affirmative Action Program;
         B.   Ensuring that city policies regarding equal employment opportunity are communicated to all levels within the city;
         C.   Monitoring the city's affirmative action progress through audit and reporting systems;
         D.   Ensuring that hiring, promotion, salary administration and other personnel practices are fair and fully consistent with the city's EEO Policy; and
         E.   Identifying problem areas and initiating actions to solve them.
      (2)   All management employees in the city's employ have been informed that their job performance is being evaluated on the basis of their EEO efforts and results as well as all other job-related criteria.
      (3)   The city informs prime recruiting sources orally and in writing of the EEO Policy and maintains a file of sources notified and acknowledgments received. Where possible, briefing sessions include departmental tours, presentations by minority and women employees, definitive explanations of the city's employment selection process and recruiting literature. With each source, the city makes formal arrangements for the referral of applicants.
      (4)   Minorities and women are included as employment interviewers.
      (5)   City representatives who participate in job fairs are authorized to make tentative commitments on the spot, pending further processing.
      (6)   Minority and female employees participate in career days, youth motivation programs and related community activities.
   (g)   Tests. The city utilizes test scores on validated tests along with other job-related criteria in assessing individual qualifications. It is the city's basic objective to have all tests and their uses conform with the OFCC Guidelines on Employee Testing and Other Selection Procedures. Copies of tests that the city uses are kept on file along with their validation studies.
   (h)   Employee selection.
      (1)   The city is reviewing all job specifications to make sure they consist of only job-related criteria. All criteria that are not job-related will be eliminated or modified.
      (2)   The city is also analyzing the employee selection process and the city will modify or eliminate any procedures that disproportionately affect minorities, women and/or disabled persons and cannot be shown to be job-related.
      (3)   The city reviews applicant flow periodically to ensure that it is getting enough applicants in the under-utilized groups.
      (4)   All employees involved in making hiring and selection decisions are carefully chosen and trained to assure non-discrimination in their decisions.
      (5)   The city's employment application form contains the following notice in bold type: "Discrimination because of race, color, sex, national origin, ancestry, religion, disability or age is prohibited. If you believe you have been discriminated against, you may notify the Equal Employment Opportunity Commission and/or other appropriate agencies."
   (i)   Plan of action.
      (1)   Recruiting. The city is actively seeking minorities, women and disabled persons for existing and future employment. To improve recruitment and increase the flow of minority, female and disabled applicants, the city will use minority, female and disabled recruiters to regularly contact local, state and federal employment referral agencies, minority, female and disabled organizations found within the local area (e.g. Urban League, NAACP, NOW, Bureau of Vocational Rehabilitation), secondary schools and colleges with high minority and female enrollments, concerned community leaders and specialized placement agencies.
      (2)   Promotions and transfers.
         A.   All employees are kept informed of promotional opportunities that exist throughout the city's organization.
         B.   The city reviews the records of minority and female employees periodically to assure that qualified persons are given equal consideration as opportunities for upgrading, promotion and transfer occur. Where additional training and experience would be helpful for advancement, management shall counsel and assist minority and female employees.
         C.   The city uses written performance ratings with specific, job-related criteria to make sure that all candidates for promotion are appraised objectively.
      (3)   Training for employment. The city is committed to action programs designed to upgrade the skills of under-qualified people in the community. Each of these programs combines remedial education and vocational training to help trainees to qualify for employment in the city.
      (4)   Training for advancement.
         A.   Minority and female employees are given equal opportunity to participate in training courses that will enhance their ability to take on jobs of greater responsibility. Minority and female employees with advancement potential are encouraged to take advantage of this opportunity.
         B.   The city keeps records of participation in its training programs, broken down by EEO group. These records are kept on file for a minimum of two years.
      (5)   Facilities.
         A.   All work areas, cafeterias, rest and recreational areas and other facilities of the city are maintained on a desegregated basis.
         B.   All employees are encouraged to participate in in-hour and off-hour employee association and club activities.
      (6)   Monitoring system. To keep track of progress as it implements affirmative action goals and timetables, the city maintains a well-structured monitoring system. This enables the city to evaluate results and to plan for the future.
      (7)   External reporting. The city annually files the Employer Information Report EEO-1.
      (8)   Internal reports. The following reports are generated and monitored annually:
         A.   Affirmative action progress report (progress toward one-year targets broken down by department and job classification);
         B.   Applicant flow (broken down by job classification and EEO group);
         C.   Applicant sources (broken down by EEO group);
         D.   Referral flow (broken down by department, job classification and EEO group);
         E.   Hire flow (broken down by department, job classification and EEO group);
         F.   Departmental and organizational hire pattern (broken down by classification and EEO group);
         G.   Job requirements;
         H.   Test validation;
         I.   Training participation (broken down by training program and EEO group);
         J.   Promotions (broken down by department, job classification and EEO group);
         K.   Transfer requests (broken down by EEO group);
         L.   Equal pay records; and
         M.   Terminations (broken down by department, job classification and EEO group).
      These reports are discussed with managers on every level, so that remedial measures can be taken in problem areas that are revealed by these reports.
      (9)   Additional reports. In addition to compiling the foregoing reports, the city regularly monitors the following areas:
         A.   Selection process for hiring, placement, transferring, promoting and terminating;
         B.   Employment conditions;
         C.   Organization rules and regulations;
         D.   Attitudes of our work force;
         E.   Inclusion of an EEO clause in purchase orders and contracts;
         F.   Dissemination of policy; and
         G.   Proper display of posters and the EEO policy statement.
   (j)   Community action programs. To fulfill its obligations to the community, the city consistently involves itself in community relations activities. These include, but are not limited to, the following:
      (1)   Scheduling tours through city facilities for school representatives, students, minority and women's employment sources, civic groups and so on;
      (2)   Creating a speakers' bureau which provides city personnel to speak before school groups and other groups to explain the Affirmative Action Program, discourage school "drop-outs" and express the city's desire to hire employees from every group in the community;
      (3)   City executives and managers acting as advisors, members of boards of directors, fund raisers and in various other capacities to urban, minority and female-oriented organizations;
      (4)   Participating in and, where practical, sponsoring seminars for the business community on equal employment opportunity for minorities and women; and
      (5)   Encouraging city employees to voluntarily devote personal time to aid in the solution of urban and community problems.
   (k)   Statement of commitment. The city affirms that all of its resources are being mobilized for a good faith effort to attain its affirmative action goals.
(Res. 93-R-80, passed 12-20-1993)