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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)
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