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§ 37.06 EDUCATIONAL PROGRAM.
   To eliminate prejudice among the various groups in the city and to further good will among those groups, the Commission may prepare educational programs designed to emphasize and remedy the denial of equal opportunity because of a person’s race, religion, color, sex, handicap, national origin or ancestry, its harmful effects and its incompatibility with the principles of equality.
(1985 Code, § 22-9-1-12.1(f)) (Ord. 29-1968, passed 9-3-1968; Am. Ord. 15-1979, passed 8-8-1979; Am. Ord. 13-1984, passed 7-5-1984)
§ 37.07 RULES AND REGULATIONS.
   (A)   The Commission may adopt rules and regulations, both procedural and substantive, to effectuate the purposes of this subchapter and to be more specific about procedures deemed necessary for orderly and equitable compliance with this subchapter.
   (B)   Rules, regulations and guidelines shall be adopted by the Commission only after a public hearing and with approval by a majority of the members of the Commission.
(1985 Code, § 22-9-1-12.1(g)) (Ord. 29-1968, passed 9-3-1968; Am. Ord. 15-1979, passed 8-8-1979; Am. Ord. 13-1984, passed 7-5-1984)
§ 37.08 CONSTRUCTION.
   (A)   This subchapter and any rules or regulations promulgated pursuant to it shall be liberally construed to accomplish the purpose of this subchapter and the policies of the Commission.
   (B)   To adopt, amend and rescind rules and regulations not inconsistent with the provisions or intent of this subchapter, but no rule shall be adopted, amended or rescinded without the advice and consent of the Mayor and Council.
   (C)   To submit, at least annually, a report of its activities to the Mayor, Council and the public.
(1985 Code, § 22-9-1-12.1(h)) (Ord. 29-1968, passed 9-3-1968; Am. Ord. 15-1979, passed 8-8-1979; Am. Ord. 13-1984, passed 7-5-1984)
§ 37.09 RELATIONSHIP WITH CIVIL RIGHTS COMMISSION.
   The   Commission may enter into a working relationship with the State Civil Rights Commission and the Equal Employment Opportunity Commission to perpetuate the mutual objectives of the respective commissions and to effect compliance with state and federal laws.
(1985 Code, § 22-9-1-12.1(i)) (Ord. 29-1968, passed 9-3-1968; Am. Ord. 15-1979, passed 8-8-1979; Am. Ord. 13-1984, passed 7-5-1984)
§ 37.10 TERRITORIAL APPLICABILITY.
   This subchapter applies to practices within the city and to units located within the city except that the Commission shall have no jurisdiction over the state or any of its agencies. The term STATE AGENCY includes every office, officer, board, commission, department, division, bureau, committee, fund, agency and without limitation by reason of any enumeration herein every other instrumentality of the state, every hospital, every penal institution and every other institutional enterprise and activity of the state, wherever located; the universities supported in whole or in part by state funds; and the Judicial Department of the state. State agency does not mean counties, county departments of public welfare, cities, towns, townships, school cities, school towns, school townships, school districts or other municipal corporations, political subdivisions or units of local government.
(1985 Code, § 22-9-1-12.1(j)) (Ord. 29-1968, passed 9-3-1968; Am. Ord. 15-1979, passed 8-8-1979; Am. Ord. 13-1984, passed 7-5-1984)
AFFIRMATIVE ACTION PROGRAM
§ 37.25 PURPOSE AND POLICY.
   (A)   The city reaffirms its desire to effectuate a policy of the employment of city personnel without regard to race, color, religion, sex, age, national origin or handicap. The city shall institute and administer a program of affirmative action with respect to city employment.
   (B)   The City Affirmative Action Program is a set of specific and result oriented procedures to which the city is committed. The procedure coupled with our good-faith efforts is designed to insure equal opportunity.
   (C)   The City Affirmative Action Program is a plan of inclusion rather than exclusion and does not encourage or anticipate preferential treatment for minority or female employees.
(1985 Code, § 22-9-3-1(a)) (Ord. 16-1980, passed 9-2-1980)
§ 37.26 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AFFIRMATIVE ACTION. Procedures, methods and programs for the positive identification, recruitment, training and motivation of minorities, females and citizens 40 years of age and over for the purpose of this Affirmative Action Program.
   AAO or AFFIRMATIVE ACTION OFFICER. The Coordinator of Affirmative Action for the city, appointed by the Mayor to provide technical assistance to all departments. The terms AFFIRMATIVE ACTION OFFICER or COORDINATOR shall include his or her designees.
   AAP. Affirmative Action Plan.
   APPOINTING AUTHORITY. The persons or governmental body which has the power and authority to make the final selection of employees for a particular city department or agency.
   DEPARTMENT. All city departments, agencies and other boards and governmental bodies.
   DEPARTMENT HEAD. The person who has overall staff responsibility and authority for a city department. The term shall include his or her designees.
   DIRECTOR.   The City Human Relations Commission Director.
   EEO. Equal employment opportunity.
   JOB QUALIFICATION or QUALIFICATION. An attribute without which an applicant will not be considered for employment in a particular job classification. A QUALIFICATION may include, but shall not be limited to a minimum education level, years of work experience, or a passing grade on a test.
   MINORITIES. This term includes, but is not limited to Blacks, Native Americans, Alaskan natives, Hispanic individuals, Asian or Pacific Islanders and for the purpose of age any individual at least 40 years of age.
   SELECTION CRITERION. An attribute, other than a job qualification, which is considered in choosing employees from applicants for employment. SELECTION CRITERION include, but are not limited to, performance on tests, education, experience and performance at interviews.
   SPECIAL SEGMENT GROUPS. Minorities, including Blacks, Native Americans, Asians, Hispanic individuals, females, handicapped persons, persons at least 40 years of age and Vietnam era veterans.
   UNDERUTILIZATION. Having fewer special segment group persons in a particular job group or classification than would reasonably be expected by their availability.
   VALIDITY. A positive relationship between a qualification or selection criterion and the safe and efficient performance of duties of the classification to which the qualification or selection criterion applies; the job relatedness of a qualification or selection criterion.
   WHOLE LIST CERTIFICATION. The consideration of all applicants in the interview process who meet minimum qualifications with selection of the person who is demonstrably most qualified.
(1985 Code, § 22-9-3-1(b)) (Ord. 16-1980, passed 9-2-1980)
§ 37.27 RESPONSIBILITY FOR PLAN.
   The Mayor shall have primary responsibility for the implementation of this plan. The Mayor shall be assisted by the Affirmative Action Officer and the Director.
(1985 Code, § 22-9-3-1(c)) (Ord. 16-1980, passed 9-2-1980)
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