HomeMy WebLinkAbout4165 ORDINANCE NO.
AN ORDINANCE adopting substantive elements of the
City's Equal Employment Opportunity Program as part
of the Municipal Code and amending B.M.C. 2.28.
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
SECTION 1: B.M.C. §2.28 is hereby repealed in its
entirety and a new chapter, 2.28, is adopted to read as follows:
EQUAL EMPLOYMENT OPPORTUNITY PROGRAM
2.28.010 EQUAL EMPLOYMENT OPPORTUNITY POLICY.
A. The Mayor, through City department heads shall
recruit, hire, upgrade, train, and promote in all position
classifications, without regard to race, color, sex, age,
religion, marital status, national origin, political affiliation,
and mental, sensory, or physical handicap, except where age and
sex are essential bona fide occupational requirements, or where
handicap is a bona fide occupational disqualification.
B. All department heads shall ensure that all
personnel actions are administered without regard to race, color,
sex, age, religion, marital status, national origin, political
affiliation, and mental, sensory, or physical handicap, except
where age and sex are essential bona fide occupational
requirements or where handicap is a bona fide occupational
disqualification.
C. All department heads shall base employment
decisions on the principles of Equal Employment Opportunity. All
department heads shall take affirmative action to ensure that
minority individuals, females, and qualified handicapped persons
are introduced into the work force and that these employees are
encouraged to aspire for promotions and are provided due
consideration as promotional opportunities arise. Ail managers
and supervisors will have an EEO/AA element in their performance
appraisal.
2.28.020 AFFIRMATIVE ACTION PLAN. The City's
Affirmative Action Plan is a set of procedures by which the City
commits itself to ensure every effort to enhance equal employment
opportunity. It includes an analysis of areas within which the
City is deficient in the utilization of minority groups and
women, and establishes goals for correcting deficiencies. The
Plan shall be updated annually.
2.28.030 EQUAL EMPLOYMENT OPPORTUNITY OFFICER. The
Mayor shall appoint a City-wide Equal Employment Opportunity
Officer. The Mayor will ensure the Equal Employment Opportunity
Officer is properly trained and qualified. The Equal Employment
Opportunity Officer will implement and coordinate compliance with
the Equal Employment Opportunity Program. Funds to support
administrative training and costs will be placed in the General
Miscellaneous section of the City's annual budget. The Equal
Employment Opportunity Officer's responsibilities shall include:
a. Monitoring the effectiveness of the Plan and
making a quarterly report to the Mayor. The Mayor will
make an annual report to the Council on plan
implementation.
b. Determining and establishing goals and
a realistic schedule for attainment.
c. Establishing and maintaining a dialogue with
minority and women's organizations to
promote a viable recruitment program both within and
external to the City area to achieve program goals.
d. Work actively with department heads to achieve
a climate of understanding and involvement toward
employment of underrepresented groups.
e. Work with the Civil Service Commission and
Personnel Director in the dissemination of information
and requirements of equal employment opportunity.
Ensure that females, minorities, and veterans receive
preference in employment as governed by City Civil
Service Rules and recommend to the Civil Service
Commission changes to rules that are discriminatory or
impediments to this program.
f. Ensure that contractors and potential bidders
comply with federal and state policy regulations where
the City enters into contracts requiring compliance
with state and federal law.
g. Assure program understanding, support,
and compliance. Training programs for supervisors and
department heads will be scheduled and accomplished to
ensure proper compliance with established rules,
statutes, and regulations.
2.28.040 EQUAL EMPLOYMENT OPPORTUNITY COUNCIL.
A. The Mayor will establish an Equal Employment
Opportunity Council with representatives from each of the
following areas:
1. Fire Department.
2. Police Department.
3. Administrative Services.
4. Planning/Building Department.
5. Parks and Recreation.
6. Attorney/Court Offices.
7. Utilities.
8. Public Works, i.e., Facilities, Engineering,
Electronics, Streets.
The representatives listed above shall be appointed by
the department head. The Mayor will establish procedures to
ensure the Equal Employment Opportunity Council contains the
widest possible minority representation. Representatives shall
serve for a period of one (1) year. Appointments shall be made
immediately following the effective date of this section and
annually thereafter.
B. The Equal Employment Opportunity Council will
assist the Equal Employment Opportunity Officer in program
compliance, new employee orientation, complaint resolution, and
community outreach.
2.28.050 AFFIRMATIVE ACTION COMPLAINT PROCEDURE. It
is the intent of the City, and the purpose of this policy, to
resolve all discrimination complaints fairly and expeditiously.
To achieve this objective, the following procedure will be
utilized:
A. Informal Review and Hearing:
i. Any employee who believes he or she has
encountered discrimination will attempt to resolve the
matter by meeting and discussing the problem(s) with
their supervisor or the Equal Employment Opportunity
Officer as soon as possible.
ii. Every effort will be made to resolve the
matter internally within twenty (20) working days.
Toward this end, the Equal Employment Opportunity Officer,
if requested by the employee, will assist in the
discussion of the problem with the employee's supervisor
or department head, or any other party to the problem,
and will take other appropriate steps which may assist
in resolving the dispute.
iii. All complaints will be treated in the
strictest confidence, except as necessary to
investigate the allegations.
iv. The Equal Employment Opportunity Officer will
have access to all appropriate documents and information
necessary to provide the Equal Employment Opportunity
Officer a basis for recommending action.
v. If the Equal Employment Opportunity Officer is
unable to resolve the complaint through conciliation,
complainant may file a formal complaint.
B. Formal Review and Hearing:
i. If the matter is not resolved informally
to complainant's satisfaction within twenty (20)
working days from the date the complaint was initially
discussed, the complainant may submit a formal
discrimination complaint by completing the appropriate
form within fourteen (14) days of notification the
Equal Employment Opportunity Officer was unable to
resolve the complaint.
ii. Upon receipt of the complaint, the
Equal Employment Opportunity Officer will forward the
complaint to the City Clerk who will arrange a hearing
before the Hearing Examiner according to the
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procedures of B.M.C. Chapter 2.84.
iii. Upon receipt of the Hearing Examiner's
Findings, the parties will submit a written
statement to the City Attorney indicating their
acceptance or rejection of the recommendations. If
the parties agree to the recommendations, then these
terms of settlement will be incorporated into a
conciliation agreement whereby said agreement will be
the basis for settling the complaint. If agreement is
not reached within fourteen (14) days, the Examiner's
recommendation will be forwarded to the Equal
Employment Opportunity Officer for appropriate action.
C. General Provisions, Reports and Record Maintenance:
i. All steps will be taken to guarantee that
the complainant is free from restraint, interference,
coercion or reprisal which may occur as a result of the
employee exercising his/her rights as provided by this
policy.
ii. In the event the complainant withdraws
the complaint, the Equal Employment Opportunity Officer
may pursue an independent investigation with or without
the consent of the complainant, provided good cause
exists to pursue the matter.
iii. All reports, correspondence, supportive
information, and statements shall be maintained in a
separate affirmative action file classified as CONFIDENTIAL.
iv. Access to affirmative action confidential
files will be limited to only the complainant and
his/her representative, the Mayor, the Equal Employment
Opportunity Officer, and any other party to the complaint,
provided the complainant agrees and there exists valid
reasons to furnish the information.
APPROVED by the City Council on the first reading this~/ ~j
day of ~. f ' .~ , 1988.
PASSED by the City Council of the City of Bremerton this~-~' ~.'
_ day of '~" , , 1988.
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}~ANK WAIBEL
President, City Council
APPROVED this ~ ~ day of ~~ , 1988.
ATTEST:
KATHLEEN L. McCLUSKEY, Clerk
CRD I NA~E NO. 4165
PUBLISHED: JULY 25, 1988
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