Loading...
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 THE CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION 1: B.M.C. §2.28 is hereby repealed in its entirety and a new chapter, 2.28, is adopted to read as follows: EQUAL EMPLOYMENT OPPORTUNITY PROGRAM 2.28.010 EQUAL EMPLOYMENT OPPORTUNITY POLICY.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 4 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. 5 }~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 6