HomeMy WebLinkAboutR-1097 - Establishing a fair practices policy regarding equal employment opportunity and adopting an affirmative action program.,"....
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CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
RESOLUTION NO.!<J9?
A resolution of the City of Marysville establishing
a fair practices policy regarding equal employment
opportunity,and adopting an affirmative action
program.
WHEREAS it h~s been and continues to be the policy of the
City of Marysville to recruit,hire,train,and promote persons in
all job classifications without regard to race,color,religion,sex,
age,national origin,marital status,or because of a sensory,
physical or mental handicap,except where a bona fide o~cupational
qualification applies,and
WHEREAS this policy shall apply to every aspect of employment
practices,employee treatment and public contract,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE
AS FOLLOWS:
That the following guidelines are established and shall be
the governing policy for all departments of the City of Marysville:
Section 1.Employment.Recruiting,hiring,appointments,and
training practices shall be conducted solely on the basis of ability
and fitness without regard to race,color,religion,sex,age,
national origin,marital status,or because of a sensory,physical or
mental handicap,except where a bona fide occupational qualification
applies.
Section 2.Training.All on-the-job training and city-
supported educational opportunities shall be administered without
discrimination to encourage the fullest development of individual
interests and aptitudes.
Section 3.Service and Employee Conduct.The City shall deal
fairly and equitably with all citizens it serves and all persons it
employs.City departments shall maintain the policy that no city
facility shall be used in the furtherance of any discriminatory practice.
Each official and employee shall be responsible to carry out the
intent and provisions of this policy.
Section 4.Cooperation wit~Human Rights Organizations.
The City shall cooperate to the fullest extent possible with all
organiZations and commissionsconcetned with'£air ptactic~s and
equal oppor t.un i ty emp'Ioymcn t .
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S~ctibn 5.Affirmative Action Program.To facilitate
equi tab I.o r epr es enta t ion wi th in the City work force and a ssure equal
employment'opportunity',of mInorit ie s and.'women in City Government,
an Affirmative Action.Program s6alJ,be initiated and maintained by the
City of Marysville.Itshal1·!Je'the responsibility and duty of all
City officials and department heads.to carry out the policies,guidelines
and corrective measures'as se t forth,'by this program.'.~,
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Resolution - 1
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Section 6,Contractors'Obli~ation.Contractors,
subcontractors and suppliers conducting>uslness wi t h the City of
Marysville shall affirm and 'subsi::'ribe ~to the Fair Practices and Non-
Discrimination policies set forth herein,
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Section 7.Pbsting of Policy.'Copies of this policy shall
be distributed to all City officials and employees,shall appear
in all operational documentation of the City,including bid calls,
and shall be prominently displayed in all City facilities.
Section 8.The City hereby adopts the attached Affirmative
Action Program (See Exhibit A hereto).
PASSED by Council and APPROVED by the Mayor
this;?fl.,day of -?.J-"'~I'------'1983.
TH~OF HARYSVILLE
By ~'-
ATTEST:
~&D;ztCltyCler~
APPROVED AS TO FORM;
rJfty ~1ri ()&.A~~<tY Attorney'
Resolution - 2
.,EXHIBIT A
CITY OF MARYSVILLE
AFFIRMATIVE ACTION PROGRAM
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CHAPTER 1 -POLICY STATEMENT/COMMITMENT.
The City~f,Mafysville has long upheld the policy of
offering employment "to 'all those who qualify.In pursuit of this
policy,the City,h~s 'endeavored to maintain a posture of objectivity
in employment;p rac t i.c es and personnel .ac t icn ..,At no time has the
City indulged in deliberate'dis'cr,imination as .the result of any
policy decision.•',,,,o.:l •
The City of Marysville reaffirms its unequivocal commitment
to recruit,hire,train and promote'persons in all job classifications
wi thout regard to race,coLor , r e lig i on',sex,age,national origin,
marital status,or because of a sensory,physical or mental handicap,
except where a bona fid~occupational qualification applies.Further,
the City reaffirms its"commitment'to'actively promote equal employment
opportunities for minorities,women,and the handicapped.
To accomplish and implement these commitments,and to
assure compliance with the Equal Employment Opportunity Act of 1972
(42 USC 2000e ct.seq.),Presidential Executive Orders No.11246 and
11375,Revised Order No.4,the Guidelines of the United States
Equal Employment Opportunity Commission,the Washington State Law
Against Discrimination (Chapter 49.60 RCN),and the Guidelines of the
Washington State Human Rights Commission,the City has developed
this Affirmative Action Program.In order for this Program to be
successful it shall be incorporated into the administrative structures
and procedures affecting all personnel actions of the City,and the
Mayor and his designee shall direct and coordinate a good faith effort
to implement the same on a continuing and vigorous basis.Further,all
employees of the City shall,at all times,be aware of the spirit and
principal of equal employment opportunity,and shall cooperate fully to
assure the success of this Affirmative Action Program.
CHAPTER II -PUBLICITY.
The policies of this Affirmative Action Program,and the
City's commitment thereto,shall be communicated internally among
City employees and externally throughout the community.
A.Internal,Publicity.The Affirmative Action Program shall
be placed-rn as many locatlons as necessary to insure easy access by
all employees.A policy statement and outline of the program,as it
relates to individual employees,shall be sent to all existing
employees,and given to all those who are newly hired.Equal employment
opportunity posters shall be displayed at gathering places for City
employees,together with notification of the name of the City's
Affirmative Action Officcr who is authorized to process'internal
grievances.
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B.External Publicity.
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1.All employment advertising of the City shall be
disseminated to those agencies,media,sources,schools,colleges,
community organizations and others who have special contact with
women,minorities,the handicapped and older workers.
2.All employment advertisements shall contain the statement:
"An Equal Opportunity-Affirmative Action Employer",
3.All contractors,subcontractors,vendors and suppliers
conducting business with the City shall be notified of the City's
affirmative action policy,and shall be required to affirm and
subscribe to the fair practices and non-discrimination policy set
forth herein.
4.Employment application forms shall contain the following
statement:
"The City of Marysville is an equal opportunity employer
and encourages applications from all persons,regardless
of race,cieed,color,sex,national origin,marital status,
age,or physicial,sensory or mental disability,unless
based upon a bona fide occupational qualification."
CHAPTER 3 - RESPONSIBILITIES FOR IMPLEMENTATION.
A.Mayor.The.Mayor'shall 'oversee the ·implementation of the Aff i rmat ive,
Action Program,and shall direct the City Admirris trator-to insure compliance there-
with by all City employees;"The Mayor shal.l.designate a City employee as .the·,
-"Affirmative Action Officer"}"ho shall report to the City Administrator.
B.Affirmative Action Officer.The Affirmative Action Officer
shall be responsible for the following:
1.Develop and recommend policies,procedures and forms
to implement this Affirmative Action Program.
2.Maintain continuous contact with recruitment sources
in an effort to obtain qualified minority,female and handicapped
applicants for all job classifications.
3.Maintain channels of communication by attending local
conferences,workshops and meetings where persons from minorities,
female and handicap groups are speaking,in order to obtain
reliable information regarding the needs,attitudes,skills and
availability of such persons for employment.
4.Represent the City in necessary meetings with enforcement
agencies,minority organizations,community action groups,womens
groups,etc.to coordinate the City's equal employment opportunity
efforts.
5.Investigate and'process any equal employment opportunity.
complaints,including those raised directly through internal
channels or any that imay'originate through State or Federal ...••r f .r
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Government channels.In conducting such investigations,the
Affirmative Action Officer shall utilize the guidelines for
handling internal discrimination complaints,as established by
the Washington State Human Rights Commission.
6.Measure the effectiveness of the City's Affirmative
Action Programs and indicate the need for remedial action.
7.Maintain and report all information legally required
for Affirmative Action Program reports on minority,female,
aged and handicapped employment.
8.Develop and maintain Affirmative Action programs as
outlined in Revised Order No.4 of the Office of Federal
Contract Compliance.
9. Keep the Mayor and other City administrative officers
fully informed of all developments in the law or regulations
relating to equal employment opportunities.
C.Department Heads.Department heads shall be responsible for
the following:
1.Analyze their departmental work force relative to
utilization of minorities,women and handicapped persons.
2.Insure compliance with this Affirmative Action Program
in all recruiting,promotion,job assignments and terminations
in their departments.
3.Prevent harassment of employees who are placed r.n their
departments through Affirmative Action efforts.
4.Make extra efforts to counsel and train minorities,
women and handicapped1persons,to assist them in becoming
valuable employees..!..~'.,
5.Attempt to'rJsolve allegations of discrimination among
employees withiri ~heir respective departments,and refer
grievan~eslto.the Affirmative Action Officer.r
CHAPTER 4 -PERSONNEL PRACTICES.
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A.Job Analysis and Classification.Job classifications,task
descriptions,employee classiflcations;and standards of performance
shall be solely based upon .j ob v r el at ed criteria and bona fide occupa-
tional qualifications.All job classifications and descriptions shall
be reviewed periodically and r evis ed whc.re :appropriate to assure
compliance with this Af-f i rnnt i vc 'Ai::tion ·Program.
B.Recruitment.
1.The City shall not print or circulate any statement,
advertisement,or publication,or use any form of application for
employment,or make any inquiry in connection with prospective
employment,which expresses any limitation,specification,or
discrimination as to age,sex,marital status,race,creed,color,
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national origin,or the presence of any sensory,mental,or
physical handicap,or any intent to make any such limitation,
specification,or discrimination,unless based upon a bona fide
occupational qualification.
2.Recruiting effo~ts'will not be based primarily upon
"word-of-mouth"or "walk-in applicants".Advertisements for
employment opportuniti~s~shall be widely disbursed,and special
efforts shall be 'made to contact sources for minority,female
and handicapped applicants."·.""".(,..'
3.An a~;lica~t howl cha~t:shou l.d be'maIn'tained in the
City's recor s indicating,for eJch job applicant,his or her
name,race,national origin,sex,referral source,date of
application,position sought and Hie ,;reason for said person being
hired or rejected.The infor~aiiod for said flow chart may be
obtained from a spearate te~r~ff sh~et which is attached to the
application form.The flow chart ,shall "be~periodically utilized
to evaluate the success,of.the,City'S ]l.fftirmative Action Program
and compliance with the equal employment opportunity laws.
C.Selection Process.
1.The City shall not refuse to hire any person because of
such person's age,sex,marital status,race,creed,color,
national origin or the presence of any sensory,mental or physical
handicap,unless based upon a bona fide occupational qualification.
Provided,that the prohibition against discrimination because of
such handicap shall not apply if the.particular disability prevents
the proper performance of the particular worker involved.
2,Race,creed,color,national origin,age,sex,marital
status or handicap may be a bona fide occupational qualification
where the same are essential to,or will contribute to the
accomplishment of the purposes for which the person is hired,or
where the same should be considered in order to correct a pre-
existing condition of unequal employment opportunity.
3.All pre-employment inquiries,application forms,screening,
written tests,oral tests,performance and physical ability tests,
background investigations,interviews,and educational or work
history requirements,shall be reviewed periodically and revised
where appropriate to assure compliance with State and Federal law
and this Affirmative Action Program.
D.Training.Where minority,women,or handicapped employees are
hired or placed with minimum qualifications in positions with City
departments,on-the-job training programs should be established to
facilitate their reaching a high level of job competence in a short
period of time.Special efforts should be made to maximize such training
efforts.
E.Promotion,Job Assignment,Layoffs and Termination.
1.Decisions for employees'promotions,job assignments,layoffs,
and terminations,shall be solely based upon job-related criteria
such as experience,training,ability,motivation and attitude.
Such decisions shall not be based upon a person's age,sex,marital
status,race,creed,color,national origin,or the presence of any
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sensory,mental or physical handicap.
2.In the case of layoff priorities,seniority shall not
override the criteria specified in sub-paragraph 1 above,
3.Records shall be kept of all personnel actions,with
detailed explanations relating to promotions,job assignments,and
terminations of minorities,women and handicapped persons.
4.Exit interviews shall be held with employees submitting
voluntary resignations to determine what factors contributed to
their resignation.
F.Salaries and Benefits.
1.Equal wages shall be paid for equal work regardless of
race,cre~d,color.national origin,religion,sex or age.
2.Equal pay also means equal distribution of fringe benefits,
regardless of race,creed,color,national origin,religion,sex
or age.To equalize fringe benefits for women,the City shall
comply with the maternity guidelines of the Washington State Human
Rights Commission.Further,it shall provide women with equally
available facilities such as restrooms,lounges and wash-up areas.
G.Grievance Procedure.
1.Employee grievances related to-alleged discrimination shall
be verbally brought to the attention of the Affirmative Action Officer.
2. The Affirmative Action Officer shall hold one or more informal
meetings with the employee and the department head to discuss the
grievance.
3.If no resolution can be achieved,the Affirmative Action
Officer shall assist the employee by filing a written complaint with
the City Administrator.
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5. The following policy shall govern all grievance investiga-
tions:\,;'. '..;iJ i
, "a'.I Grievances are encouraged as being in the bestinter~;t ~f the City.
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, 'b.E<fch grievanc~,~i'll'be e'xarni~ed expeditiously,
'thoroughlY',hones tly and impartial Ly to determine its merit.
4.The City Administrator shall
complaint,and his decision shall be
by the Mayor.
take formal action on the
final subject to confirmation
c.Problems .f ound 't"o"'e,xist will be immediately corrected
and remedied acco'rding Ito fthe "applicable laws,regulations,
guidelines and'iegal cori~epts!
d.The internal'g r.i evaric e"proces s ahll be flexible and
must allow for g~od f~ifh negoti~tion between the parties"
toward a mutually acceptable solution..
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e.No retaliation or discrimination of any form will
occur against a person for making a complaint.
H.Audit and Evaluation.Not less frequently than annually,
the Affirmative Action Officer shall audit and evaluate the City's
compliance with tllis Affirmative Action Program.An annual report
shall be submitted to the Mayor and the City Council.Said report
shall include recommendations for the upcoming year,and shaJ.I suggest
specific affirmative action goals for the City to achieve.
CHAPTER 5.STATISTICAL REVIEW AND GOALS
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