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HomeMy WebLinkAbout1993-17 EEO/AAPRESOLUTION NO. 93-/~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON, READOPTING AN EQUAL EMPLOYMENT OPPORTUNITY POLICY AND AFFIRMATIVE ACTION PROGRAM FOR THE CITY OF ASHLAND AND REPEALING RESOLUTION NO. 89-35. RECITALS: A. The goal of equal opportunity for all has long been expressed as the American ideal. The City of Ashland functioning through all levels, accepts its legal and moral obligation to society and its citizens and by this resolution sets forth its Equal Employment Opportunity Policy and Affirmative Action Program. B. An affirmative action program must be designed to achieve the purposes of Title VII, i.e., to break down old patterns of segregation and disparity in order to overcome the effects of past or present practices, policies, or other barriers to equal employment opportunity. C. The legislative history of Title VII indicates that Congress intended that voluntary compliance with Title VII be the primary method of eliminating and preventing employment discrimination. D. The Supreme Court has reaffirmed that compliance with the congressional mandate of 1964 may involve voluntary affirmative action. Such action being designed for the purpose of eliminating and preventing imbalances in traditionally segregated job categories. E. The policy of the City of Ashland, Oregon, is to provide equal employment opportunities for all persons from all segments of the population without discrimination as to race, color, religion, marital status, age, national origin, sex, sexual orientation or disability, unless based upon a bona fide occupational qualification; with particular emphasis on minorities and women. Ashland's policy is a positive one and consistent with State and Federal laws and orders. THE CITY COUNCIL OF THE CITY OF ASHLAND resolves as follows: SECTION 1 The attached Equal Employment Opportunity Policy and Affirmative Action Program is adopted as the policy and program of the City of Ashland. SECTION 2 The City Recorder is directed to forward copies of this resolution to all City Department Heads, the Board of Directors of the Ashland Community Hospital and the Ashland Parks & Recreation Commission. SECTION 3 The duties and responsibilities allocated within this plan are intended solely for the internal guidance of the City of Ashland. Nothing in this plan creates or authorizes or is intended to create or authorize any past or future private right of PAGE 1-AFFIRMATIVE ACTION RESOLUTION action by any individual, group of individuals, organization or corporation alleging non-compliance with this plan or seeking compliance with this plan. SECTION 4 Resolution No.89-35 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON, ADOPTING AN EQUAL EMPLOYMENT OPPORTUNITY POLICY AND AFFIRMATIVE ACTION PROGRAM FOR THE CITY OF ASHLAND" is repealed. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 and duly PASSED and ADOPTED this /,¢~day of '~,)?~,~,.._ ,1993. Nan E. Franklin, City Recorder SIGNED and APPROVED this /¢-~day of Re. wed as to form: Paul Nolte, City Attorney 1993. PAGE 2-AFFIRMATIVE ACTION RESOLUTION [p:ord\afrm-act.res) CITY OF ASHLAND Equal Employment Opportunity Policy and Affirmative Action Program 1. POLICY STATEMENT The City of Ashland is committed to the policy of equal employment opportunity (EEO) and shall not discriminate against an employee or applicant for employment because of race, color, religion, sex, sexual orientation, age, marital status, national origin, or mental or physical disability unless based upon a bona fide occupational qualification. This Affirmative Action Program (AAP) describes how the City will take affirmative action to employ and advance in employment, qualified women and minorities as well as offer equal employment opportunity to all. 2. DESIGNATION OF EEO/AAP OFFICER 2.1. To carry out the letter as well as the spirit of the City EEO/AAP, the City Council appoints the Personnel Director as the EEO/AAP Officer. The EEO/AAP Officer will lead the commitment to maximize equal employment opportunity and take affirmative action for the City of Ashland. 2.2. The duties of the EEO/AAP Officer are: 2.2.1. To assist and counsel all management personnel regarding their EEO/AAP responsibilities. 2.2.2. Counsel minority and women employees on employment matters. 3. MANAGEMENT RESPONSIBILITY It is the responsibility of all supervisory staff and managers to implement the Equal Employment Opportunity Policy and Affirmative Action Program. 3.1. City Administrator The City Administrator shall have overall administrative responsibility for and shall provide positive leadership in implementing the City's Equal Employment Opportunity Policy and Affirmative Action Program. 3.2. Department Heads Department Heads shall assist the EEO/AAP Officer in the identification of problem areas, and formulation of solutions and shall ensure that all supervisors in their department understand the EEO/AAP and the necessity of their support for effective implementation. 4. DISSEMINATION OF EEO/AAP INFORMATION 4.1. Internal Communication 4.1.1. During employee orientation new employees will be notified of the City's commitment to the EEO/AAP. 1-AFFIRMATIVE ACTION POLICY (P:ORD\Ai:RM-ACT.RES) 4.1.2. At least once a year, a meeting will be set up for all supervisors to review with them their general responsibilities regarding the EEO/AAP. 4.1.3. Required EEO posters and the City's policy shall be posted on all employee bulletin boards. 4.1.4. Every employee shall be informed of whom questions can be directed and to whose counsel may be sought should they have complaints regarding City EEO practices. 4.1.5. Every employee shall be personally informed of the existence of the internal grievance procedures set under this plan for handling complaints of discrimination. 4.2. External Communications 4.2.1. All employment advertisements shall contain the words "An EEO/AAP Employer." 4.2.2. Employment application forms shall contain the following clause: "The City of Ashland is an equal opportunity employer and shall not discriminate against an employee or applicant for employment because of race, color, religion, sex, sexual orientation, age, marital status, national origin or mental or physical disability unless based upon a bona fide occupational qualification." 4.2.3. Notification shall be sent to employment sources, including women's and minority organizations informing them of the City's EEO/AAP. 4.2.4. Notice of all regular job openings shall be sent to appropriate sources. 5. PERSONNEL PRACTICES 5.1. Recruitment 5.1.1. Interest in employment opportunities in the City shall be stimulated by our participation in appropriate activities in the local area. 5.1.2. Recruitment trips outside the local area may be made to solicit applications from minorities and women. This may be particularly necessary when recruiting for professional or managerial positions. 5.1.3. Efforts to hire minority and women employees for temporary positions may be made to encourage their interest in full-time employment opportunities with the City. 5.2. Job Analysis and Restructuring 5.2.1. Class specifications shall be periodically reviewed to assure they are related to job content and are set at the minimum level needed for entrance into the job. 5.2.2. Where feasible, jobs should be restructured to provide easier access by minorities and women. 2-AFFIRMATIVE ACTION POLICY {P:ORD\AFRM*ACT.RES) 5.3. Selection Process 5.3.1. Where appropriate, tests other than paper and pencil varieties may be used. Experimentation with performance testing may be undertaken. 5.3.2. Written tests shall be used as only one of the factors in the selection decision. 5.3.3. Retesting may be permitted as soon as candidates can show reasonable effort to prepare themselves for such a retest. 5.3.4. Open competitive exams shall be scheduled as often as appropriate. 5.3.5. Application blanks and interview questions will be regularly reviewed to ensure all questions not related to job performance or which operate to the detriment of minorities and women are eliminated. 5.3.6. Other selection criteria such as physical or education requirements shall be periodically reviewed, and revised to ensure job relatedness. Specifically this includes, but is not limited to, educational degrees, years of work experience, etc. 5.3.7. All interviewers shall be carefully selected and instructed. Where feasible, minority or women interviewers should be utilized. 5.4. Promotion, Job Assignment and Discipline 5.4.1. Selection for promotion, job assignment and imposition of discipline shall conform to the practices outlined in the preceding action. 5.4.2. Where feasible, training shall be set up to enhance promotability of minorities and women. 5.4.3. No applicant shall be denied a promotion or job assignment on the basis of any prohibited criteria. 5.4.4. Exit interviews will be conducted in the case of voluntary resignations of minorities and women to see if any factors under our control are responsible for their leaving. 5.5. Harassment All City employees are responsible for maintaining a work environment that is free of harassment which is based on race, ethnicity, religion, disability, sex or sexual orientation. For the purpose of this plan, harassment shall mean unaccepted and/or unwelcome conduct that (1) has the purpose or effect of creating an intimidating, hostile, or offensive work environment, and (2) is sufficiently pervasive so as to alter the conditions of employment. All managers and supervisory staff are required to take immediate and appropriate corrective action, including but not limited to: affirmatively raising the subject, expressing strong disapproval, and disciplinary action, if appropriate, etc., when informed or otherwise aware of this prohibited misconduct. In addition, managers and supervisors are responsible for following up on the action taken to assure the harassment has been eliminated. 3-AFFIRMATIVE ACTION POLICY (P:ORD\AFRM-ACT,RES) 5.6. Training 5.6.1. Whenever the City sponsors any training activity, special attention and consideration shall be given to securing the participation of minorities and women. 5.6.2. Where jobs can be learned in a short period of time, formal on-the-job training programs may be instituted to facilitate the movement of women and minority candidates with minimum qualifications into these positions. 5.6.3. Where formal training is necessary to qualify an individual for a job, in-house training programs may be established. 5.6.4. To the extent feasible, work schedules of minorities and women employees shall be adjusted so as to permit their participation in training programs. 5.6.5. Supervisory training programs shall be conducted to improve supervisory skills relative to working with women and minority employees. 5.6.6. Individual counseling of supervisors by the EEO/AAP Officer shall occur as necessary, particularly for those supervisors responsible for on-the-job training of minorities and women. 5.6.7. Where lack of resources restrict training opportunities that we can offer, we may seek the cooperation of other employers in requesting local educational institutions to set up training programs so as to increase the numbers of qualified women and minorities in the labor force. 5.7. Compensation Pay rates shall be reviewed and adjusted as appropriate, particularly in light of the results of the job analysis, and reclassification, efforts described above. 5.8. Grievance Procedures 5.8.1. Employees shall be encouraged to informally seek the advice and counsel of the EEO/AAP officer when they suspect they may have been treated in a discriminatory fashion. 5.8.2. The EEO/AAP Officer shall accept, investigate and attempt to resolve complaints of discrimination from employees or applicants for employment. 5.8.9. Employees covered by a negotiated labor contract containing a grievance procedure may use it in seeking relief from alleged discriminatory practices. 6. OBJECTIVES 6.1. Work Force and Labor Market Analysis The EEO/AAP Officer shall conduct a census once a year of City employees by position classification to assess current utilization patterns for women and minorities and labor market availability. 4-AFFIRMATIVE ACTION POLICY IP:ORD\AFRM-AC¥.RES) 6.2. Reporting System 6.2.1. The EEO/AAP Officer will present a report yearly to the City Administrator to show the current status of the work force as it compares to the previous year and labor market availability. 6.2.2. This report shall become the agenda for a meeting of top level management. 6.2.3. The EEO/AAP Officer shall prepare and submit the EEO-4 report to the Equal Employment Opportunity Commission. 6.3. Goal The goal of the City of Ashland is to employ qualified women and minorities in all job categories in proportion to their availability in the labor market. 5-AFFIRMATIVE ACTION POLICY (P:ORD\AFRM-ACT,RES)