(a) Purpose and Policy.
(1) Purpose. To establish an equal employment policy including an affirmative action plan for the City of Tallmadge.
(2) Equal employment opportunity policy statement. It is the policy of the City of Tallmadge that there shall be no unlawful discrimination against any employee or applicant for employment because of race, color, religion, sex, national origin, handicap, or identity as a disabled veteran or veteran of the Vietnam era. Such policy shall apply to, but not necessarily be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other compensation; and selection for training. This policy also shall apply with reference to discrimination on the basis of age insofar as required by law.
(b) Affirmative Action Plan. This policy establishes an Affirmative Action Plan, composed of specific steps that will be undertaken for implementation.
(1) All application forms and related pre-employment inquiry forms will be reviewed annually to ensure compliance with all applicable federal, state and local EEO laws.
(2) Position descriptions will be reviewed annually and also prior to each job posting to properly identify job-related requirements.
(3) Communication as necessary with local minority community leaders to emphasize employer sincerity and encourage referrals of minority applicants to the City.
(4) Active cooperation and utilization of the minority media, as well as the general media.
(5) Increase overall police recruitment efforts with special attention to inner-city neighborhoods and college campuses which have a high percentage of minority enrollment.
(6) Periodic review of all phases of the entire selection process to ensure it is nondiscriminatory and has minimum adverse impact on protected classes. No selection processes will be continued which have the effect of eliminating from consideration a significantly higher percentage of minorities or women than of non-minorities or men.
(7) The encouragement of minority and women employees to refer friends to the City for potential employment.
(8) The City will always encourage minority and women employees to participate in community programs in order to enhance the image of minorities and women as positive role models in the City.
(c) Designation of Responsibilities.
(1) The Mayor of the City, as chief executive officer, shall have overall responsibility for effective implementation of this policy and shall exercise general oversight of such implementation.
(2) The Equal Employment Opportunity Commission ("EEOC") in the Civil Service Department of the City shall be the principal administrative office for effective implementation of this policy throughout the City. Responsibilities of the EEOC shall include the following:
A. Provide, through coordination with the Law Director's Office, for the benefit of all departments of the City, guidance in the appropriate and lawful techniques of equal opportunity and affirmative action; and information concerning current developments in the law.
B. Provide specific services including periodic dissemination of policy; implement appropriate audit reporting systems; participate as hereinafter provided in the resolution of grievances and complaints; prepare external reports and responses as may be required by law; and annual status and progress reports to the Mayor.
C. Provide liaison, monitoring, and implementation services, in consultation with other departments of the City, including access to education and training programs whereby personnel might improve their capability of advancement in the City; and application of the City's equal employment opportunity policy in all personnel actions.
D. Procure reports from departments of the City for purposes of auditing and reporting such information as may be required by law, regulation, or City policy to ensure that the equal employment opportunity policy is carried out.
(3) Each department head or administrator having supervisory responsibility, shall be specifically responsible for implementation of the equal opportunity policy of the City within his or her department, including but not limited to nondiscrimination in employment, upgrading, demotion, or transfer; recruitment; layoff or termination, rates of pay or other forms of compensation; selection of training; and dissemination of the equal employment information opportunity policy and other appropriate information among personnel of the department.
(d) Dissemination of Policy. Internal and external dissemination of the equal employment opportunity policy including the affirmative action plan.
(1) The equal employment opportunity policy shall be posted continuously at each City Building.
(2) Each administrator or department head shall be reinformed at least once a year of the equal employment opportunity policy; or the affirmative action plan and of any needed updating relating to such policy and plan. Each administrator or department head also shall inform each new employee of the equal employment opportunity policy and affirmative action plan.
(3) The City's equal employment opportunity policy and affirmative action plan shall be updated and republished periodically and generally distributed to City employees so that the employees may avail themselves of its benefits.
(4) The City's identity as an equal opportunity employer shall be reflected on all documents, publications, and advertisements having specific relevance to equal employment opportunity or used in the recruitment of employees.
(e) Records and Reports.
(1) An Equal Employment Opportunity File, shall be maintained by the EEOC containing the records of the City's EEO activities. This file shall be open to all duly authorized Federal, State and Local officials. This EEO file shall contain, but not be limited to, the following records:
All reporting forms that are required to determine this City's compliance shall be filed on a timely basis and a record of this filing shall be part of the EEO file.
(2) The City will send notice to each labor union or representative of workers having a collective bargaining agreement or contract with the City, advising the labor union or workers' representative of the City's obligations under laws and regulations pertaining to equal employment opportunity, and of the City's equal employment opportunity policy.
(3) Annual reports of status and progress.
A. The EEOC shall compile and submit to the Mayor an annual report of the status and progress of the program.
B. Report shall include but not be limited to, annual analysis of the City work force with special reference to women and members of minority groups qualified in terms of job-related positions specifications in the City. As necessary, the EEOC shall contain:
1. From each department, a detail of the race, sex, and ethic status of employees within all job titles in the department, ranked from lowest to highest paid.
2. From each department, an analysis showing the rate of utilization of qualified women and members of minority groups in each major job group.
(4) Application of equal employment opportunity in all personnel actions.
A. Recruitment.
1. In all recruitment activities, effort will be made to attract numbers of candidates including qualified persons for whom equality of employment opportunity is especially sought by this policy, so that fair consideration can be given to them. As may be feasible, candidates will be sought from sources, institutions, or publications through which qualified candidates might be expected to be located and informed of the job opportunities at all levels.
2. The Civil Service Commission will serve as the central recruiting office for classified civil service employment and will apply the principles specified herein in the recruitment of personnel into such employment and in referral of candidates to appointing department heads.
3. Other departments and appointing authorities responsible for the process of recruitment of non civil service and other special personnel of the City, contract or otherwise, will also apply the principles of nondiscrimination in recruitment practices.
B. Selection for employment.
1. Applicants for job openings will be considered on a basis of qualifications only as those qualifications relate to specific job-related selection criteria.
2. Reasonable records will be kept on the history of each employment, sufficient to indicate whether, in what manner, and to what extent the principles of this policy have been applied. Such records will reflect, but not be limited to, the specific basis on which one candidate was offered appointment in preference to all others.
3. All applications for regular positions will be retained for a minimum of one year. All applications for temporary positions will be retained for six months.
4. The EEOC will monitor the flow of appointments and of their respective recruitment circumstances, and will counsel department heads especially with regard to areas of operations where major opportunity for improvement emerges. Job criteria will be reviewed as necessary to guard against invalid disproportionate rejection of candidates by racial or ethnic groups or by sex.
C. Job assignment. Candidates accepted for appointment will be assigned to positions for which they are qualified without reference to race, religion, color, sex, national origin, handicap or identity as a disabled veteran or veteran of the Vietnam era and age insofar as required by law.
D. Testing.
1. Applicants who are required to pass a test to be considered for employment, job assignment, transfer or promotion will be advised of any scoring requirements if rigid requirements for passing are imposed, and will be informed of their test results. Results of tests taken will be retained by the EEOC.
2. Tests and standards of passing shall not, inadvertently or otherwise, result in unlawful discrimination or adverse impact, and will be reviewed upon each administration to preclude unlawful discrimination from occurring.
E. Promotion.
1. Records shall be maintained and updated annually whereby lateral and/or vertical movement of employees can be ascertained and evaluated with special reference to equality of opportunity for promotion.
2. Formal promotion procedures insofar as civil service laws permit, shall be maintained to ensure equality of opportunity for promotion. Promotion procedures shall include but not be limited to the employee performance record; the demonstrated qualification of the employee to perform successfully in the more advanced position; and, as may be allowable under law and regulations, length of service.
3. Labor agreements between the City and unions or representative organizations, insofar as they apply to promotions as well as to other matters, shall conform to law both as to content and implementation.
F. Layoffs and terminations.
1. Unlawful discrimination shall not be the basis for layoff or termination of employment of any employee.
2. In the event of any substantial and necessary planned reductions in force, the City will prepare such plans with reference to the equal employment opportunity policy, in addition to other factors; and all reasonable and lawful steps will be taken to assure that no layoff or termination occurs on a basis of race, religion, color, sex, national origin, age, handicap or identity as a disabled veteran or veteran of the Vietnam era. As to persons covered by a collective bargaining agreement, the lawful terms of the agreement regarding layoff and termination shall prevail.
G. Salary and fringe benefits.
1. No award of salary or fringe benefits to any employee shall be on a basis of discrimination as to race, color, age, religion, sex, national origin, handicap, or identity as a disabled veteran or veteran of the Vietnam era.
2. Each department head of the City will review periodically the salary and fringe benefit status of all of its employees, with special reference to reassurance that no unlawful discrimination exists between individual employees in equivalent positions with comparable qualification, experience, responsibilities, and performance levels. Remedies proved to be needed will be made, according to law, and subject to availability of resources.
H. Terms and conditions of employment.
1. There shall be no unlawful discrimination as to the terms and conditions of employment. For purposes of this policy, terms and conditions of employment shall include but not be limited to such factors as working environment, educational and training opportunities, deliberative processes unless required by a lawful collective bargaining agreement, or attendance requirements.
2. Subject to law and regulations, women will not be specially penalized in their conditions of employment because of pregnancy or childbirth. Maintenance of seniority or other fringe benefits shall be on the same basis as in the case of other officially authorized leaves of absences subject to the terms of any applicable collective bargaining agreement.
(f) EEO Complaint Resolutions.
(1) A formal grievance procedure has been established under this policy.
A. A grievance is a complaint, dispute or other controversy in which it is claimed that the City has failed in an obligation under the EEO policy or related laws or regulations.
B. All grievances shall be dealt with promptly and every effort be made to settle grievances as close to the source as possible.
C. Should the Administration fail to comply with the time limits herein the aggrieved may appeal immediately to the next step. Should the aggrieved fail to comply with the time limits herein, the grievance shall be considered abandoned. All time limits may be extended by mutual consent.
D. The following procedures shall be used when a grievance is initiated by any employee of the City.
1. Step 1: A grievance must be presented orally or in writing, at the choice of the aggrieved, to the appropriate supervisor, or in his/her absence, the department head, within five working days of the occurrence or within five days after it has become known to the employee. The supervisor/department head shall have five days following such presentation to submit an oral response.
2. Step 2: If the grievance is not settled at the first step the aggrieved will reduce the grievance or allegation to writing. The written grievance must be presented to the supervisor and department head within five working days after receipt of the Step 1 answer. The supervisor or department head shall reply, in writing, within five working days after receipt of the written grievance.
3. Step 3: If the grievance is not settled at Step 2 the aggrieved may appeal, in writing to the Mayor or his/her designate, such appeal must be submitted within seven working days after receipt of the Step 2 reply. The Mayor or his/her designated representative shall meet within thirty calendar days with aggrieved to attempt to resolve the grievance. The Mayor shall reply in writing within ten working days following such meeting.
4. If the grievance is not resolved at Step 3, either party may, within ten working days after the decision of the Mayor certify, in writing, to the other party its intent to submit the grievance to the City of Tallmadge EEOC for a hearing.
5. Hearing time. The Commission shall schedule a hearing within thirty days at a time and place convenient to the parties.
6. Jurisdiction. The Commission shall be expressly limited to the meaning, intent, or application of the provisions of this policy. It shall have no power to add to, detract from, or alter in any way these provisions.
7. Decision in Writing. The decision of the EEOC shall be in writing.
(2) Whenever any such formal grievance or complaint is filed, and consists of or includes alleged discrimination in violation of the equal employment opportunity policy or of laws pertaining to equal opportunity, the procedure shall also include immediate notification to the EEOC. The EEOC will separately examine the element or elements of the grievance alleging discrimination, and will provide the results of such examination to the Mayor, Law Director, and the appropriate appointing authority, before final disposition of the grievance.
(3) Remedial action shall be taken immediately upon determination of a violation of this policy. Such action shall be with approval of the EEOC, Mayor and Law Director. Action may include but shall not be limited to termination of the inappropriate conduct; training, retraining and counseling of personnel; letter of reprimand; discharge.
(4) In any instance in which a complainant files a complaint with a governmental agency of competent jurisdiction, alleging discrimination in violation of valid laws and regulations, and in which the City is officially notified of such complaint, the complaint shall be examined by the EEOC. In instances requiring external responses, there shall be consultation with the Mayor and Law Director before formal response.
(g) Handicapped Provisions. Special provisions relating to the handicapped are:
(1) A "handicapped person" is defined as one who:
A. Has a physical or mental impairment which substantially limits one or more major life activities.
B. Has a record of such impairment.
C. Is regarded as having such an impairment.
(2) Pursuant to law, the City does not discriminate against any employee or applicant because of handicap, in regard to any position for which the employee or applicant is qualified.
(3) The City will make reasonable accommodation to the known limitations of a qualified handicapped applicant or employee, unless the accommodation would impose an undue hardship on the City or unless the safety or health of employees, the public or recipients of City services, would be adversely affected by such accommodation of placement. In determining what does not constitute reasonable accommodation, the elements of business necessity, financial cost, and any relating personnel problems, among others, may be considered.
(4) Special care will be taken to ensure that employment criteria are job related and do not needlessly have the effect of excluding the handicapped from consideration. The EEOC will review position employment criteria from time to time and will act as the compliance coordinator.
(5) The City may inquire into an applicant's ability to substantially perform job related tasks effectively and safely, and into the extent and status of the job-related handicap, provided that information be voluntarily given and shall be kept confidential except as provided herein.
(6) The City may require a physical examination of any employee or of any applicant who has been conditionally offered employment. Such examination shall not result in unlawful discrimination on the basis of handicap and the results shall be held confidential except as provided herein.
(7) Information obtained by a required medical examination, or by inquiries into applicants' or employees' physical and mental conditions shall be kept confidential except that appropriate supervisors shall be informed regarding restrictions on the work duties of handicapped persons and any reasonable accommodations required; and except as first aid and safety personnel need to be informed; and except as compliance reporting under law requires inclusion of such information.
(8) All employees and applicants are given opportunity to identify themselves as handicapped persons to avail themselves of benefits of this policy.
(h) Veterans and Disabled Veterans. Special provisions relate to disabled veterans and veterans of the Vietnam era pursuant to the 1977 Veterans Readjustment Act.
(1) Special care will be taken to ensure that employment criteria are job related and do not needlessly have the effect of excluding disabled veterans or veterans of the Vietnam era from being considered.
(2) The City will make reasonable accommodations for the disabled veteran in the same manner and on the same criteria on which it does for handicapped employees and applicants.
(3) In offering employment or promotions to disabled veterans and veterans of the Vietnam era, the City will not reduce the amount of compensation offered as payment for work because of any disability income, pension, or other benefit the applicant or employee receives from any other source.
(4) All employees and applicants for employment are given opportunity to identify themselves as disabled veterans and veterans of the Vietnam era in order to avail themselves of benefits of this policy.
(i) Enforcement. The Civil Service Commission acting as the City's Equal Employment Opportunity Commission, is hereby authorized to promulgate rules necessary to carry out the spirit, intent and effectiveness of this policy.
(Ord. 169-1991. Passed 1-9-92)