HomeMy WebLinkAbout3135 ORDINANCE NO.
AN ORDINANCE providing for equal opportunity
employment for employees of the City of Bremerton
and adopting an Affirmative Action Program for
the City of Bremerton~
THE CITY OF BREMERTON DOES ORDAIN:
SECTION 1: That th~ City of Bremerton hereby
adopts and incorporates by reference the attached affirmative
action program to apply to all hiring and employment practices
pe,rtaining to City of Bremerton employees.
APPROVED by the City Council on the first reading
this ~/~ay of May, 1974.
PASSED by the City Council of the City of Bremerton,
signed by the Mayor and attested by the City Clerk in
authentication of such passage this ~/~day of May, 1974.
ATTEST:
G. C. YEAD~, SR., City Clerk
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POLICY
It shall be the policy of the City of Bremerton to
provide equal employmen~opportunity'~ for all persons from
all areas of the commun~ regardles~ of race, sex, creed,
national origin, age, mental or physical handicap. All
decisions as to hiring, continuous employment and all
terms and conditions of employment with the City of Bremerton
shall be made according to an individual's ability to
perform the duties of the position that person is being
hired for or currently holds. Such passive prohibition
of discriminatory practices is not enough. Positive,
aggressive measures must be taken to effect changes that
will provide opportunities for meaningful employment of
those persons or groups who have been victims of discri~
ination. This Affirmative Action Plan sets up methods and
procedures enabling this policy to be met.
IMPLEMENTATION RESPONSIBILITY
A. AFFIRMATIVE ACTION OFFICER
The Mayor shall select a City-wide Affirmative
Action Officer to serve a one year term, within
30 days of the pla~s adoption. The Affirmative
Action Officer will coordinate the Affirmative
Action Plan throughout the city. This person will
also develop, implement, and maintain a system
which monitors the effectiveness of the plan and
shall seek training from all sources. Additional
duties Shall be aiding management in arriving
at solutions to equal employment opportunity problems,
investigating potential discriminatory practices,
preparing reports of City progress in attaining
stated goals, informing management of new deve-
lopment in the equal employment opportunity area
and updating the Affirmative Action Plan as necess-
ary. The Affirmative Action Officer is directly
responsible to the Mayor.
In addition the Affirmative Action Officer shall:
1. Provide information to all agency staff
regarding civil rights laws.
2. Assist individuals in filing complaints
with appropriate agencies.
3. Bring possible violations of the law to the
attention of the Mayor~ Committee for Human
Relations.
4. Utilize community action techniques to
change institutional policies or practices
which discriminate against minorities and
women in regards to employment by the City
o~ Bremerton.
5. Assist line management in collecting and analyzing
employment data, identify problem areas,
establishing goals and time tables and developing
programs to achieve such goals. Programs are t~
include specific remedies to eliminate discrin;-
inatory practices in the employment system.
6. Serve as liason between the City of Bremerton,
government regulatory agencies, minority and
various organizations and other eommunity
groups.
B. DEPARTMENT EQUAL OPPORTUNITY OFFICERS
In cooperation with the Affirmative Action Officer,
each department head shall within forty-five days
after this plan~ approval select a person in the
department ,to have the additonal duties of the
departmental Equal Opportunity Officer, (EO0). Each
EOO shall suggest to the Civil Service Commission
methods of actively recruiting minorities and women.
This person shall aid new employees in adjusting
to working conditions through periodic checks of
the new person's progress in adapting to the
department. It shall additionally be the respon-
sibiltiy of the EOO within Forty-five days
after appointment to list specific steps he or
she plans to implement so that department performs
its part in helping the City reach its overall
A~irmative Action goals. These departmental
p~n wi±± be reviewed quarterly or as required
by the ~ffirmative Action Officer to determine
relative departmental success and if necessary,
recommend needed changes to the plan.
PROGRAM DEVELOPMENT
A. Recruitment
The Civil Service Commission shall expand recruitment
to include butnot be limited to the following: (1)
contact minority and women's organizations to inform
them of our policy of Affirmative Action; (2) expand
our mailing list to include sending "Call for
Applicants" bulletins to those groups for all
open and competitive examinations ~ithin the City;
the mailing list shall include bu~ not be limited
to:
1) NAACP
2) National Organization for Women
3) Business and Professional Womens Club
(all chapters)
4) Kitsap County Central Labor Council
5) Council on Aging
6) Olympic College
7) East High School
8) West High School
9) Filipino American C~mm~nity of Bremerton
10) Kitsap Inter-Tribal Parents Education Council
11) League of Women Voters
(3) encourage minority and women employees of the
City of Bremerton to refer their friends and
spread information about this policy within the
community; (4) make available to the minority
and women's organizations the name and office phone
number of the City's Affirmative Action Officer.
(5) all adw~tising for the purpose of recruiting
applicants for employment with the City of Bremerton
shall include the phrase "Equal Opportunity Employer"
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B. Job Requirements and Qualifications
The Affirmative Action Officer in cooperation with
the Personnel Office shall revise all city job
classifications to,reflect the minimum qualifica-
tions of a job,~utside recruitment shall be
geared to reach all groups.
C. Examinations and Tests
Development of valid tests shall be done on an
as-used basis until all city tests can be validated.
Validation will be done by studying the contents
of each test. Emphasis will also be placed on devel-
oping sample tests for entry-level positions
and setting a time and place for applicants to famil-
iarize themselves with these samples. In the
administration or development of employment tests
or testing procedures, the City shall adhere to
the Federal guidelines on testing.
D. Education. and Training
The Civil Service Commission shall schedule
conferences, seminars, and inservice training
sessions for supervisors and managers for the
purposes of familiarizing these persons with their
responsibilities and the purposes of this Affirmative
Action Program. In addition, training shall be
provided for employees and will be d~signed to
increase their sensitivity and awareness of the
causes and effects of all forms and race and sex
discrimination.
An agressive effort shall be made to provide
maximum job knowledge and skills training for
minorities and women employees and the other
groups covered by this plan. Training shall
be designed within each department by the
department Equal Opportunity Officer to develop
the knowledge and skills needed to compensate
for past educational discrimination, to perform
satisfactorily, to advance on the job, and to fill
anticipated positions based on personal projections.
The Affirmative Action Officer shall monitor all
such programs and their funds, and shall report
progress to the Mayor on a regular basis.
The Equal Employment Opportunity training program
shall:
1. Within sixty (60) days after the approval
of the Affirmative Action Plan, the Bremerton
Affirmative Action Officer shall:
a. Arrange a training session for the Equal
Opportunity Officers on Equal Opportunity
laws and regulations and the role and
responsibility of the EOO's with reference
to;
1. Evaluation implementation of the plan.
2. Responsibility of the EOO's in enforcement
of civil rights and Equal Employment
Opportunities.
b. The training will also cover the complaint
procedure established by the Affirmative
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Action Plan.
c. This training will be delivered within
sixty (60) days after approval of the plan
and will be repeated if there is significant
change in Equal Opportunity Officers or in
the laws or regulations. New members
will be provided copies of the material as
a p~tion of their orientation program.
2. Within ninty (90) days after approval of the
Affirmative Action Plan, the Affirmative Action
Officer, shall conduct and or arrange for a
staff training session for all staff. This
session shall be considered a general orientation
for agency staff and will cover but not nec-
essarily be limited to:
a. Agency Affirmative Action Plan
b. General Staff responsibilities
c. Civil Rights and Equal Employment
Opportunity laws and regulations.
3. In addition to the above orientation/training
session, the Affirmative Action Officer shall
arrange and conduct, a special staff training
session for supervisory and management personnel.
This session shall cover but not be limited to:
a. Specific staff responsibilities in imple-
menting the Affirmative Action Plan.
b. Supervisory and management personnel re-
sponsibility for assuring equal employment
opportunities.
E. Supervisor Evaluation
A comprehensive performance review program for
department heads shall be developed by the Civil
Service Commission. EaCh department head shall be
rated at least annually by the Mayor and included
in the evaluation shall be the progress toward the
departmental Affirmative Action goals. The plan
will continue annually thereafter.
F. Exit Interviews
The City Affirmative Action Officer shall hold
exit interviews with all terminating employees with
emphasis on discovering and eliminating discrimina-
torypractices. Upon discovery of a discriminatory
practice the Affirmative Action Officer will
investigate and make recommendations as to the
nature of the problem and suggest measures to
correct the problem.
REPORTS AND RECORDS
Each department will file quarterly, reports
with the Affirmative Action Officer on: (1)
any personnel actions involving minorities or
women, listing the type of action taken and a
detailed explanation if the action was dis-
ciplinary in nature; (2) the number of people
in the department by race, and sex for each federal
Equal Employment Opportunity Commission job
category on the City "Affirmative Action Quarterly
Status Report"; (3) a description of all programs
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and other measures undertaken to achieve the
goals of the program. Special reports may be
requested at any time from specific departments
to check solutions to problems peculiar to the
specific department.
The Affirmative Action Officer will use this
data along with records kept on the disposition
of all minorities and women in the City's testing
process to prepare quarterly progress reports
for the City Council and the Mayor§ Committee on
Human Relations on the prog~s being made in
achieving the Affirmative A~ion goals.
The City Affirmative Action Officer shall also
undertake a review of the plan's success over a
full year on the anniversary date of the plan's
adoption. Recommended changes to the plan shall
be made to the City Council within thirty (30)
days after the anniversary date each year in order
to keep the plan current in its adherence, to all
local, state and federal regulations; in its
definition of problem situations throughout the
City; and in its implementation of new avenues
of interest and future goals to dispell all areas
of discrimination within the City government's
jurisdiction.
POLICY DISSEMINATION
This Affirmative Action Plan will be sent to all
departments for posting and the policy statement
will be posted in authorized areas in all divisions
of every department in the City. All first line
supervisors will be responsible for bringing
the Affirmative Action Policy Statement and Plan
to his or her subordinates attention. The City's
Affirmative Action Officer shall have the
responsibility of seeing that the plan is made
available upon its final approval to the local
news media and local organizations representing
minorities and women. In all advertisements
for personnel the City shall be listed as an equal
opportunity employer.
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AFFIRMATIVE ACTION COMPLAINT PROCEDURE
The following outlines the Affirmative Action complaint pro-
cedure of Bremerton and applies to all City employees.
As a portion of the normal employee orientation, all new
employees shall be introduced to the Affirmative Action
Officer (AAO) and advised that the AAO shall be available
for counsel~in~ and discussion of any complaint or grie-
vance against any employee or policy of the City of Bremerton
or any other problem which is influencing, or could
influence job performance. In addition, all employees
will be advised that they may meet with the Affirmative
Action Officer without notification to their supervisor
and that disposition of the complaint will be handled
in the following manner and time-frame.
A. Complaint Procedure
1. Submission of Equal Oppor..tunity Problems
Any person who believes he or she has encountered
discrimination becau~ of race, color, religion, sex~
national origin or age should first discuss the
problem with the Affirmative Action Officer or
immediate supervisor. Problems may be submitted by
any person, group or representative with the approval
of the aggrieved person.
2. A complaint need not be entered on any particular
form; howeVer, the complaint must be in writing and
signed by the complainant or his or her authorized
representative and must include the following
information:
a. Name and address of complainant.
b. Name and address of respondent.
c. The facts upon which the complaint was based,
including the reasons the complainant believes
he or she has encountered discrimination because
of his or her race, color, religion, sex, national
origin or age.
d. Date or dates on which the alleged discriminatory
action occurred and the date of the submission of
the formal complaint.
e. A copy of the recommendation of the conciliation
panel, if one was held.
f. If a panel was involved, the reasons why the
recommendations of the panel did not result in a
satisfactory resolution of the problem.
3. Action by the Affirmative Action Officer
a. The Affirmative Action Officer has the initial
responsibility for resolving problems of dis-
crimination within the agency. The aggrieved person
shall be free from restraint, interference, coercion,
discrimination, or reprisal in connection with his
or her problem or'grievance. The Affirmative Action
Officer shall not reveal the identity of an
aggrieved person who has come for consultation,
except when authorized to do so by the aggrieved
person.
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b. The Affirmative Action Officer shall make every
effort to resolve the problem informally. To this
end, the Affirmative Action Officer shall, if re-
quested by the employee, assist in discussion with
his or her supervisor or any other party to the
problem and may take other steps which may assist
in the resolution of the problem.
c. The aggrieved person has the right to be accomp-
anied, represented and advised by a representative
or attorney, of his or her own choice.
d. The Affirmative Action Officer shall be given access
within the agency to information necessary to provide
the aggrieved person with a basis for determining
whether he or she has grounds for filing ~ a
formal civil rights complaint. The complaint
may not be withdrawn without the knowledge of the
Affirmative Action Officer. The Affirmative
Action Officer shall be free from restraint,
interference, coercion, discrimination or reprisal
in connection with the performance of his or her
duties under this policy.
4. OpportunitY for Conciliation Panel
a. If the problem is not resolved by the Affirmative
Action Officer to the aggrieved person's satis-
faction within fifteen (15) working days from
the time the problem is first discussed with the
Affirmative Action Officer, the aggrieved person
may request a conciliation panel. The responsibility
for arranging for the conciliation panel rests with
the Mayors Human Relations Committee or its
representative. The panel shall be approved by the
aggrieved person and by the respondent.
b. The panel will consider all relevant evidence
presented by the aggrieved person, and the re-
spondent, and will conduct such sessions as may
be necessary to hear the testimony of all re-
levant witnesses. The hearing must begin within
(5) days after the panel has been selected. The
panel will have twenty (20) working days after the
completion of testimony to make its findings and
recommendations unless a longer time is agreed upon
by both parties and the panel.
c. If the conciliation panel agrees upon a solution
satisfactory to both parties, the terms of the
settlement shall be incorporated into a conciliation
agreement as the basis for settling the problems.
Copies of this shall be sent to the aggrieved person,
the respondent, and the Affirmative Action Officer,
and shall be signed by each.
5. Reports on Complaint Efforts
When the Affirmative Action Officer has completed
his or her work to resolve the problem, he or she
shall prepare a findings of fact and concilation
agreement to be signed by both parties and a copy
to remain in his or her files. The report of the
conciliation panel, if one is convened, shall also
become part of ~he file maintained by the Affirmative
Action Officer. These files shall be provided by the
Affirmative Action Officer to the investigator if the
problem is filed as a formal compl~nt with any other
agency, to the Mayors Committee on ~uman Relations
upon request, or to the City Attorn~'s office~upon
request. ,'
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