Resolution 1975-01
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RESOLUTION NO. 75-1
RESOLUTION OF THE CITY OF GILROY ADOPTING AN AFFIRMATIVE ACTION
PROGRAM.
WHEREAS) the Federal Government has imposed affirmative action
legislation Civil Rights Act of 1965, Title VI I and Equal Employment Oppor-
tunity Act of 1972, requiring the City to adopt an affirmative action
program.
NO\~) THEREFORE BE IT RESOLVED that the attached Exh i bit rlA"
entitled Affirmative Action Program be established and made a part hereof.
PASSED AND ADOPTED th is 6th day of January, 1975, by the
following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: DE BELL~ DUFFIN) HU~HAN) PATE)
SILVA) STOUT AND GOODRICH.
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
APPROVED:
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MAYOR
ATTEST:
Qt4~~'><tllf:2F~
RESOLUTION No.75-1
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CITY OF GILROY
, AFFIRMATIVE ACTION PROGRAM
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TABLE OF CONTENTS
SECTION I
Page
A. INTRODUCTION 1
B. AFFIRMATIVE ACTION POLICY 1
1. General Policy Statement 1
2. General Objectives oftAffirmative Action Plan 2
C. AFFIRMATIVE ACTION PLAN 2
1. Organizational Responsibility 2
20 Specific Goals of Policy 2
3. General Recruitment 3
4. Hiring Policies 3
SECTION I I
A. AFFIRMATIVE ACTION PLAN FOR EQUAL EMPLOYMENT
OPPORTUNITY IN THE PRIVATE SECTOR 5
1. General 5
2. Policy Statement 5
3. Dissemination of Policy 5
4. Recruitment 5
5. Training and Promotion 5
6. Unions 5
7. Records 6
B. STATEMENT OF CERTIFICATION 7
SECTION I I I
A. 1970 CENSUS POPULATION DATA 8
B. ETHNIC GROUPS AND WOMEN EMPLOYED BY THE CITY OF
. GILROY BY DEPARTMENT 8
C. ETHNIC GROUPS AND' WOMEN EMPLOYED BY THE CITY OF
GILROY BY CLASSIFICATION 9
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SECTION I
A. INTRODUCTION
The Equal Employment Opportunity Act of 1972 subjects all
local governments to the anti-discrimination rules set forth in
Title VII of the Civil Rights Act of 1964. Enforcement of this
legislation is carried out by the U. S. Equal Employment Oppor-
tunity Commission and the Department of Justice. Title VII bans
discrimination on the basis of race, color, age, sex, religion,
or national origin in all terms and conditions of employment.
The City of Gilroy presently conducts equal opportunity
recruitment procedures which should be continued to assure that
(1) the ethnic employment composition of the City of Gilroy con-
forms to the city-wide ethnic population breakdown; (2) if a
discrepancy in recruitment requirements does exist, the reasons
for such discrepancy must be proven job-related or eliminated;
(3) that city departments must not only adhere to the spirit of
intent but must, in fact, not practice or condone discrimination
in employment.
The City presently has a Classification Plan which outlines
all job descriptions and duties. The City also has established
Personnel Rules and Regulations. These documents should be re-
viewed periodically and updated as necessary to assure compliance
with current employment situations.
B. AFFIRMATIVE ACTION POLICY
1. General Policy Statement
The City of Gilroy is committed to the concept of equal
opportunity employment as a necessary element of the basic
merit system principle. This commitment will be supported
by active practical efforts to insure employment oppor-
tunities for the local racial minority, the employment
disadvantaged, and women in securing City of Gilroy jobs
at all levels. This cQmmitment will be realized through
the implementation of an Affirmative Action Program.
2. General Objectives of Affirmative Action Plan
a. To establish and maintain employment levels for the
economic, cultural, and social disadvantaged in
proportions equal to lavels in the total community.
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b. To distribute this employment proportionately through-
out jOb classes.
c. To make continuous effort to prevent occurrence of
arbitrary discriminatory practice relating to employ-
ment or access to promotion.
d. To insure that public funds awarded through contract
will be provided to only contractors complying with
Equal Employment Opportunity conditions.
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C. AFFIRMATIVE ACTION PLAN
1. Organizational ResponSibility
a. This plan commits all employees of the City of Gilroy
to support the Council's Affirmative Action Program.
b. The responsibility for implementation is assigned to
the Affirmative Action Officer, who shall be the
Director of Personnel. His duties shall be to direct
all phases of the Affirmative Action Program and see
that each Department Head complies with the intent
of this policy.
c. An Affirmative Action Task Force shall be created of
all Department Heads whose duty shall be to monitor
the implementation of this Program and report com-
pliance deficiencies to .the City Administrator for
communication to the Personnel Commission and to the
City Council semi-annually.
d. Each Department Head will be responsible to see that
its department fulfills the requirements of this
policy.
2. Specific Goals of Policy
a. In order to achieve minimal balance, each department
will submit, annually, to the Affirmative Action
Officer, a survey of its ethnic minority emploYees~
establish and renew targets, and make good faith
efforts to achieve targets. The specific initial
employment targets for each department are provided
in Section III.
b. Since it is unreasonable to assume that all target
dates of total compliance can be achieved immediately,
the following timetable is determined reasonable: By
1985, full parity should be achieved in all depart-
ments. This is to be accomplished by normal employ-
ment growth, current openings, and turnover rates.
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3. General Recruitment:
a. Recruitment efforts will be tailored to reach the
employment disadvantaged. Liaison between community
groups, agencies, and others representing the employ-
ment disadvantaged will be maintained by the Affirma-
tive Action Officer.
b. Use of local advertising media aimed especially at
the employme~t disadvantaged will be done.
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c. Referrals will be sought from ,local well-known or-
ganizations that specialize in the employment of the
disadvantaged.
4. Hiring Policies:
Ranking candidates for employment will be general, rele-
vant and uniformly applied. Tests will be scored on
three levels of demonstrated ability to perform specific
tasks: outstanding ability, satisfactory ability, and
unsatisfactory ability.
a. An annual review will be made to see if such testing
is creating unequal results according to ethnic
population breakdown. If such results do occur, the
Affirmative Action Officer will review each test for
its job-relatedness and its predictive of job success.
b. Overtesting will be avoided.
c. No oral board will be convened without an attempt to
include a qualified person who is representative of
the employment disadvantaged. Interviews will be
structured for each position being recruited where
questions relating to the applicant's ability to per-
form the tasks are asked.
d. Prompt establishment of eligible lists and notifica-
tion to candidates will be accomplished.
e. Because of increasing requirements for professionally
developed tests tailored to the job structure, con-
tracting for some of these services beyond current
levels of expertise will be considered.
f. Exam content must be confined to measurement of know-
ledge and skill and abilities to perform tasks re-
lated to the position being recruited.
g. To insure the above requirements for hiring, the
Personnel Director will be responsible for creating
a job classification for each occupation in city
government. This job classification must be put in
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writing and include mlnlmum job requirements for
hiring eligibility. Each job classification must be
made available for the general public upon request.
ho Continuous open examinations will be used when
practicalo
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SECTION II
A. AFFIRMATIVE ACTION PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY
IN THE PRIVATE SECTOR
1. General
The City Council is required to insure that public funds
be awarded only to contractors that comply with a policy
of equal employment opportunity. The Council states that
no bid for a public works project in excess of $50,000
shall be awarded until the contractor complies with the
following equal employment opportunity conditionso
20 Policy Statement
The contractor adopts, as part of its operating policy,
a statement as outlined in Section II-B.
3. Dissemination of Policy
All members of the contractor's organization responsible
for hiring, supervising, recruiting, terminating, and
promoting, shall be made fully aware of and will imple-
ment the Affirmative Action Plan.
4. Recruitment
a. All advertisements for employees will carry the no-
tation, "An Equal Opportunity Employer. II
b. Recruitment efforts, for other than union employees,
will be made to local qualified minorities. Requests
will be made to the union for minorities when em-
ployment levels fall below parity.
Co Use local advertising media for recruitment especially
directed toward the prospective minority employee.
do Present employees will be encouraged to refer minority
group applicants for employment.
5. Training and Promotion
Whenever feasible, programs for the improvement of skills
will be promoted for minority group employees and appli-
cants.
60 Unions
ao Whenever possible, all efforts will be made to encour-
age and cooperate with local unions to develop training
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programs aimed at increasing the participation of
minority group employees.
b. All efforts will be made to include an equal employ-
ment opportunity clause into union agreements which
definez responsibilities for non-discrimination in
hiring, training, referrals, and all other areas that
currently limit minority group participation in the
labor sectoro
7. Records
The contractor shall create and malntain all necessary
records essential to the determination of compliance with
the equal employment opportunity obligations under this
contracto All such records will be maintained for a
period of one year following completion of the project
and shall be made available to the City's Affirmative
Action Officer. These records will show the following:
ao Number of minority and non-minority workers employed
in each job classification. This list shall be pro-
vided to the Affirmative Action Officer with the
statement of Certification.
b. The efforts and progress made in cooperation with
unions to increase minority group employment oppor-
tunities.
c. All employment advertisements, applicant forms, and
employment records.
d. The efforts and progress made in recruiting, train-
ing, and promoting minority group employees.
eo The efforts and progress made in securing subcon-
tractors with a demonstrated record of meaningful
minority group representation.
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B. STATEMENT OF CERTIFICATION
The contractor shall execute the following Fair Employment
Practices Statement:
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FAIR EMPLOYMENT PRACTICES STATEMENT
(Name of Contractor)
tunity Employer; as such has adopted the policy and will take
is an Equal Employment Oppor-
affirmative action to insure that applicants are employed, and
that employees are treated without regard to race, religion,
color, sex, or national origin. On ,
{Date}
was awarded a public improvement
{Name of Contractor}
contract by the City of Gilroy, located in the County of Santa
Clara, State of California, for the work of
Under said contract,
(Name of Contractor)
comply with those Equal Employment Opportunity conditions as put
forth in Section II of the City of Gilroy's Affirmative Action
Program, and has agreed, among other things, that damages will be
paid to the City in the event that the requirements of said condi-
tions have not been satisfied.
has agreed to
Date
Signed
{Company's Name}
(Company's Address)
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SECTION III
A. 1970 CENSUS POPULATION DATA (Gilroy Census Tracts 5125 & 5126)
No. %
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1. Spanish Surname 7,235 46.95
2. Other ~!hite 7,493 48.63
3. Other Races 682 4.42
T ota 1 . . . . . . . . . 15,410 100 . 00
B. ETHNIC GROUPS AND WOMEN EMPLOYED BY THE CITY OF GILROY BY DEPARTMENT
Pc~ iti O;IS Spanish Surnames Other White Other Races Women
No. % No. % No. % No. %
Admin. 9 1 11 8 89 0 0 7 78
Police 33 7 21 26 79 0 0 3 9
Fire 20 5 25 15 75 0 0 1 5
P & R 15 7 47 4 27 1 6 1 6
Pub. Wks. 30 9 30 19 63 2 7 4 13
Totals 107 29 27% 75 70% 3 3% 16 15%
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C. ETHNIC GROUPS AND WOMEN EMPLOYED BY THE CITY OF GILROY BY CLASSIFICATION
Pos i ti ons Spanish Other Other Women
Surnames White Races
No. % No. % No. % No. %
Account Clerk 2 1 50% 1 50% 2 100%
Ass't City Admin. 1 1 100%
Assoc. Planner 1 1 100%
Bldg. Inspector 1 1 100%
Buyer 1 1 100% 1 100%
Chief of Police 1 1 lOm~
City Admi n . 1 1 100%
City Clerk/Auditor 1 1 100% 1 100%
Clerk Matron 1 1 100% 1 100%
Clerk Typist 5 1 20% 4 80% 5 100%
Deputy Chief of
Police 0
Dir. of Parks
& Recreation 1 1 100%
Dir. of Pub. Wks./
City Engineer 1 1 100%
Engineering Aide 1 1 100%
Equip. Maint.
Supervisor 1 1 100%
Equip. Mechanic 0
Equip. Serviceman 1 1 100%
Fire Captain 4 4 100%
Fire Chief 1 1 100%
Firefighter 9 2 22% 7 78%
Firefighter
Apprentice 3 2 67% 1 33%
Fire,Engineer 3 3 100%
Jr. Civil Engineer 1 1 100%
Junior Clerk Typist 5 1 20% 4 80% 5 100%
Junior Planner 1 1 100% 1 100%
Office Engineer 1 1 100%
Park Arbor;st 1 1 100%
Park Foreman 1 1 100%
Po 1; ce Cadet 3 3 100%
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Pos it ions Spanish Other Other Women
Surnames White Races
No. % No. % No. % No. %
Police Patrol Officer 19 6 32% 13 68%
Police Patrol Trainee 1 1 100%
Police Sergeant 5 5 100%
Recreation Supervisor 1 1 100%
Sr. Bldg. Inspector 1 1 100%
Sr. Recreation Leader 1 1 100%
Sr. Utilityman 3 2 67% 1 33%
Sewage Treatment Plant
Operator 1 1 100%
Streets & Sewers Foreman 1 1 100%
Uti 1 i tyman I 5 3 60% 2 40%
Uti 1 ityman II 9 5 56% 4 44%
Utilityman Trainee 3 2 67% 1 33%
Wastewater Treatment
Plant Aide 1 1 100%
Water Foreman 1 1 100%
TOTALS 105 29 28% 73 69% 3 3% 16 15%
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I, SUSANNE E. STEINMETZ, City Clerk of the City of GilroY"r do
hereby certify that the attached Resolution No.
75-1 Is an original
resolution, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the 6th
day of ,January
, 19~, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gilroy, this 7th day of January
, 19 ZL.
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City Clerk of the