(A) Policy of nondiscrimination.
(1) In compliance with Title VI of the Civil Rights Act of 1964, it is the policy of the city:
(a) To provide equality of opportunity in employment with the city for all persons.
(b) To carry out all programs and activities in compliance with Title VI of the Civil Rights Act of 1964, and in such manner that no person shall, on the grounds of race, color, national origin, religion or sex, be excluded from participation in, be denied the benefits of or be subjected to discrimination with respect to any such programs or activities.
(2) To effectuate its nondiscrimination policy, the city adopts this affirmative action program.
('73 Code, § 171.01)
(B) Employment, personnel and program practices. It is the policy of the city to prohibit discrimination because of race, color, religion, sex or national origin in all aspects of its personnel policies, working conditions and relationship with employees and applicants for employment, as well as to provide equal access to all programs in order to promote a continuing affirmative action program. Contractors, subcontractors and grantees related to the city programs shall comply with Title VI of the Civil Rights Act of 1964. When applicable, the standard provisions on equal employment opportunity shall be a part of each contract and agreement with the city. ('73 Code, § 171.02)
(C) Equal opportunity policy personnel. The Personnel Director shall be the Equal Opportunity Officer for the city to coordinate the city's equal employment opportunity efforts. The Director shall provide advice to employees or other persons, concerning their rights under the equal opportunity policy established in Section 31.04(A), conduct initial investigations as provided in this section, and seek conciliation of such complaints. ('73 Code, § 171.03)
(D) Program implementation. The Personnel Director shall direct the implementation of this affirmative action program to promote equal opportunity in every aspect of employment policy and practice, including but not limited to: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including workshops, seminars and schooling. This implementation shall include, but not be limited to the following actions:
(1) A notice of the city's policy on nondiscrimination in employment shall be posted on a bulletin board so as to come to the attention of all city employees.
(2) Notification of employment opportunities, new positions, vacancies, promotion possibilities and training opportunities shall be posted on the bulletin board so as to come to the attention of all city employees.
(3) Newspaper advertisements and other public announcements of employment oppor tunities placed by or on behalf of the city shall state that the city is an equal opportunity employer.
(4) The name of the Equal Opportunity Officer shall be posted on the bulletin board.
('73 Code, § 171.04)
(E) Procedure for discrimination complaints.
(1) Any person who believes that he/she has been discriminated against by reason of race, color, religion, sex, creed or national origin, in connection with any personnel action or the administration of any program, grant or contract, by or under the authority of the city shall at his or her request be advised of her/his rights under this section by the Equal Opportunity Officer.
(2) The aggrieved party may within 15 days of the action giving rise to the complaint, submit such complaint in writing to the Officer.
(3) The Officer shall conduct such investigation as he deems appropriate in the cir cumstances. If he is unable to effect a satisfactory conclusion of the matter through conciliation, he shall complete his initial investigation and forward his recommendations to the City Manager.
(4) The Manager shall review the initial report and recommendations of the officer, and take one of the following actions:
(a) Render a decision in favor of the complainant and direct that corrective action be taken.
(b) Determine that additional inquiry of the matter is required and refer the matter back to the Officer for further investigation.
(c) Render a decision against the complainant and advise complainant of his right to a hearing before the Civil Service Commission.
(5) If the complainant requests a hearing, the Commission shall schedule a hearing.
(6) The Commission shall conduct a hearing on complaint cases referred to it to discover all pertinent facts bearing on the complaint of discrimination. The complainant shall have the right to be represented at the hearing by counsel of his choice and at his expense.
(7) The Commission shall weigh the evidence presented before it, prepare a finding of facts, conclusions of law and a final decision, including appropriate corrective action, if any, to effectuate the city's policy established by this program.
(8) A copy of the decision shall be furnished to the complainant.
('73 Code, § 171.05)
(F) Specific affirmative action procedure. The city agrees to put into practice the following toward increasing minority manpower utilization:
(1) The statement of the city's policy shall be communicated to all employees, supervisors and management, and to potential sources of employees. Individuals who make the hiring, placement and promotion decisions shall be instructed that minority applicants for all jobs, regardless of type, or applicants for promotion are to be considered without discrimination as to race, color, creed or national origin and sex.
(2) The city shall take such steps as the following in its recruitment to assure non discrimination:
(a) Place employment advertisements in general circulation newspapers.
(b) Encourage present employees to refer minority applicants.
(c) Inform recruitment sources that qualified minority members are being sought for consideration for work whenever the city hires.
(3) The city shall make maximum use of subprofessional internship and other appropriate training techniques to help equalize opportunity for minority persons by such means as follows:
(a) Sponsoring and assisting minority youths, as well as others, to enter subprofessional and professional training and make such experiences available within the city to the maximum extent possible.
(b) Encouraging minority employees and others to increase their skills and job potential through participation in available training and education programs.
(4) The city shall not practice discrimination with regard to the placement and promotion of any employee.
(a) All employees of the city who are involved in placement and promotion decisions shall be instructed to act without discrimination toward minority employees.
(b) Minority employees who have increased their skills and job potential shall be considered for promotion with all other employees.
(5) The city shall encourage minority contractors and contractors with minority representation to submit proposals for contract work in order to promote equal opportunity.
(6) The city shall follow through by questioning, verifying and making whatever changes or additions to this equal employment opportunity program as may be necessary to assist its effectiveness.
('73 Code, § 171.06) (Ord. 27-76, passed 11-24-76)