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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)
(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)
(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regulations not inconsistent with the provisions or intent of this subchapter, but no rule shall be adopted, amended or rescinded without the advice and consent of the Mayor and Council.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)
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)
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
(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)
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)
(A) The Affirmative Action Officer and the Director shall develop a procedure allowing city employees to make complaints concerning the failure of a department or appointing authority to meet its obligations under this subchapter. The complaints may also include allegations of retaliation against an employee because he or she attempted to enforce rights provided by this subchapter or any law or regulation protecting that person’s rights to equal employment opportunity, gave assistance or information to the Affirmative Action Officer or the Director or in any other manner sought to further the goals and purposes of the Affirmative Action Plan.
(B) This complaint procedure shall not be in denigration of any existing or subsequent right or procedure created by law, regulation, judicial interpretation or collective bargaining agreement in existence.
(C) If the Affirmative Action Officer finds that a department head or appointing authority has failed to meet his or her obligations under the Affirmative Action Plan or that a paid employee has been subjected to retaliation as described in § 37.28(A), he or she shall take immediate action to remedy the situation, including, but not limited to making a recommendation that the offending person be disciplined or discharged.
(D) The Affirmative Action Officer shall develop and institute a procedure by which any city employee may discuss the Affirmative Action Plan with his or her department head or the Affirmative Action Officer or propose ideas or recommendations for the attainment of Equal Employment Opportunity. These procedures shall be in writing and a copy shall be provided to each current and newly hired city employee. No person shall be penalized or retaliated against in any way because he or she utilized that procedure or because of his or her comments to the department head or Affirmative Action Officer.
(1985 Code, § 22-9-3-1(d)) (Ord. 16-1980, passed 9-2-1980)
(A) The Affirmative Action Officer shall distribute a copy of the Affirmative Action Plan to all current and newly hired city employees. Each department shall conspicuously post a copy of the Affirmative Action Plan on its bulletin board.
(B) The Affirmative Action Officer shall distribute a copy of the Affirmative Action Plan to the news media and community organizations concerned with the attainment of equal employment opportunity.
(C) The Affirmative Action Officer shall institute workshops at which all city employees who have any involvement in making personnel decisions shall be given training concerning the substance of the Affirmative Action Plan.
(D) Each department head shall hold periodic meetings which shall be attended by all department employees to explain the Affirmative Action Plan and to develop good employee attitudes towards equal employment opportunity.
(1985 Code, § 22-9-3-1(e)) (Ord. 16-1980, passed 9-2-1980)
(A) The Affirmative Action Officer shall list each job classification in rank from the lowest paid to the highest paid classification within each department, including pay ranges, and all supervisors for each job, listed in order of supervising authority.
(B) The Affirmative Action Officer, in conjunction with the Director and the City Attorney’s office, shall develop job descriptions for each job classification listed under division (A) of this section. These descriptions shall reflect the actual duties of incumbents and shall be based primarily on the descriptions of actual duties.
(C) The Affirmative Action Officer and the Director shall, based on the analysis described in division (B) of this section, determine whether the following conditions exist regarding any or all job classifications:
(1) Persons performing substantially the same type of work, whether in the same department or in different departments, are paid according to the same wage or salary range scale;
(2) The job classifications are sufficiently broad or discrete so that persons working within a single job classification, whether in the same department or in different departments, are performing substantially the same type or level of duties.
(D) If the Affirmative Action Officer and the Director determine that the city personnel system is characterized by any of the traits listed in division (C) of this section, the Affirmative Action Officer and the Director shall work with the Mayor to rectify those conditions, subject to the limitations of state law.
(1985 Code, § 22-9-3-1(f)) (Ord. 16-1980, passed 9-2-1980)
(A) The Affirmative Action Officer shall be responsible for collecting data on the make-up of the work force by race and sex.
(B) The Affirmative Action Officer shall undertake a semiannual analysis of which job classifications within each department are underutilized as to minorities, females, handicapped persons or persons over 40 years of age. If the Affirmative Action Officer determines that a job classification within a department has such a small population that consideration of that classification within the department by itself is not justified for the purpose of this subchapter, he or she may combine the populations of several classifications within one or more departments, as long as the duties and levels or responsibility of the combined classifications are substantially similar.
(C) In determining whether any job classification within a department is underutilized as to any special segment group, the Affirmative Action Officer shall consider at least all of the following factors when the data regarding those factors is available:
(1) The special segment group population of the labor area surrounding and including the city;
(2) The size of the special segment group unemployment force on the labor area surrounding the city;
(3) The percentage of the special segment group work force as compared with the total work force in the reasonable recruiting area;
(4) The general availability of persons on the special segment group having requisite skills in the reasonable recruiting area, when data regarding that factor is available;
(5) The availability of persons in the special segment group having requisite skills in an area in which the city can reasonably recruit;
(6) The availability of promotable and transferable persons within the special segment group within the work force employed by the city;
(7) The existence of training institutions capable of training persons in the requisite skills;
(8) The degree of training which the city is reasonably able to undertake as to means of making all job classifications available to persons in the special segment group.
(D) The Affirmative Action Officer shall provide each department head with a list of all underutilized jobs within his or her department.
(E) The Affirmative Action Officer shall utilize the information provided to him or her to maintain a current list of underutilized jobs between semiannual analysis.
(F) The Affirmative Action Officer and the Director shall establish semiannual quantitative, attainable goals for hiring and promotion for each job classification on each department which is determined to be underutilized for any special segment group by the Affirmative Action Officer as a result of his or her semiannual utilization analysis. These goals shall be formulated so that if they are met, each classification in each department shall be fully utilized for each special segment group by January 16, 1985.
(G) The results of the utilization analysis and the goals set shall be presented by the Director to a regular Council meeting.
(1985 Code, § 22-9-3-1(g)) (Ord. 16-1980, passed 9-2-1980)
(A) The Affirmative Action Officer shall circulate notices of all job openings and training opportunities to each department head, who will in turn have each employee initial the notice indicating he or she has been properly notified. Notices are to be returned by department heads to the Affirmative Action Officer.
(B) The Affirmative Action Officer and the Director shall take action to increase the participation of special segment group persons on boards or committees concerned with promotions, grievances and hiring.
(C) Any department head who intends to subject any employee to involuntary separation and disciplinary action shall inform the Affirmative Action Officer of the intended action and the detailed reasons for it. The Affirmative Action Officer shall review that intended action and the justification asserted for it and shall make an independent determination of whether that action is justified. If the Affirmative Action Officer finds that the action is not justified, he or she shall submit reasons for reconsideration to the Mayor and the department head. The decision of the Mayor will be final.
(D) The Affirmative Action Officer and each department head shall assure that physical facilities, job placement and work are assigned on a non- discriminatory and non-segregated basis.
(E) Each department head shall designate employees with appropriate abilities as training counselors to help new employees adjust to the work environment.
(1985 Code, § 22-9-3-1(h)) (Ord. 16-1980, passed 9-2-1980)
(A) The Personnel Director and the Affirmative Action Officer shall, based on the job descriptions established under § 37.30, establish or review the qualifications required for each new job classification and the selection criteria used in choosing employees for each job classification from the applicants for employment.
(B) The Personnel Director and the Coordinator shall determine which qualification requirements and selection criteria for all job qualifications and selection criteria, other than licenses or certifications which are required by law to perform any classification and any requirements necessary to obtain those licenses and certificates tend to adversely affect underutilized persons. These determinations shall be based on census data gathered by the United States Bureau of the Census, prior experience of the city in hiring employees or other reliable sources.
(C) The Personnel Director and the Affirmative Action Officer shall eliminate each job qualification or selection criterion identified as tending to exclude a special segment group, unless it can be demonstrated that:
(1) The qualification or criterion is necessary for the safe and efficient performance of the job; and
(2) There are no other qualifications or criterion which could be substituted for it which would also tend to predict that an applicant would perform the job safely and efficiently and which would tend to exclude fewer persons in the special segment group.
(D) When tests are used for selection, promotion or other decisions relating to a potential employee or existing employee, those tests shall be validated EEOC approved tests. These tests shall be administrated relative to EEOC guidelines.
(1985 Code, § 22-9-3-1(i)) (Ord. 16-1980, passed 9-2-1980)
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