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Resolution 1984-39 " . . ., '. ~ . , RESOLUTION NO. 84-39 RESOLUTION OF THE CITY OF GILROY ADOPTING A REVISED AFFIRMATIVE ACTION PROGRAM. WHEREAS, the Affirmative Action Program of the City required by the Civil Rights Act of 1965, Title VII and the Equal Employ- ment Opportunity Act of 1972, was adopted in January, 1975, and requires revision, NOW, THEREFORE BE IT RESOLVED that the attached revised Affirmative Action Program consisting of a Table of Contents and ten pages be adopted to apply in the City of Gilroy. PASSED AND ADOPTED this 21st day of May, 1984, by the following vote: AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE NOES: ABSENT: APPROVED: ATTEST: ;1j?!.d~~~ J.ty er , , RESOLUTION NO. 84-39 . . . . . I, SUSANNE Eo STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution Noo 84-39 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 21st day of May , 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 25th day of May 1 9 ...8..tL 0 dU#tW~~' ,City Clerk of the City 0 Gilroy , r . . '. ~ , '> '. I I , j " ," ! .- : ~ " , CITY OF GILROY " .. : AFFIRr1ATIVE ACTION PROGRArl \ ,.' "I' .~ , - ~ :";-' -~-.... .~ F ~ . TABLE OF CONTENTS . SECTION I Page 1. General Policy Statement 2. General Objectives of Affirmative Action Plan 1. 1 1. 2 2 A. INTRODUCTION B. AFFIRMATIVE ACTION POLICY C. AFFIRMATIVE ACTION PLAN 1. Organizational Responsibility 2. Specific Goals of Policy 3. General Recruitment 4~ Hiring Policies 2 2 3 3 SECTION II . . A. AFFIRMATIVE ACTION PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY IN THE PRIVATE SECTOR 5 1. General 2. Policy Statement 3. Dissemination of Policy 4. Recruitment 5. Training and Promotion 6.. UnJ.ons 7. Re'oords 5 5 5 5 5 6 6 B. STATEMENT OF CERTIFICATION 7 SECTION III A. 1980 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 ,. . ".f / ~ ""'"'---.....~.... ~"" '. 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 Opportunity Commission and the Department of Justice. Title VII bans discrimination on the basis of race, color, age, sex, religion, handicap, or national origin in all terms and conditions of employment. The City of Gilroy presently conducts equal opportunity recruit- ment procedures which should be continued to assure that (1) the City will continue to strive to have the makeup of the City workforce conform to the preportion of persons in varying ethnic and other pertinent categories as is found in the available labor market: (2) if a discrepancy in recruitment requirements does exist, the reasons for such discrepancy must be proven job-related or eliminated: (3) 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 . Rule~ and Regulations. These documents should be reviewed periodically and updated as necessary to assure compliance with current employment situations. B. AFFIRMATIVE ACTION POLICY l~ General Policy Statement Th~ 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 opportunities for the local racial minority, the employment disadvantaged, and women in securing City of Gilroy jobS at all levels. ___ _This commitment 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 levels in the total community. -1- Cl!""'" IT /. ~~- ~ ~,~~. ..".-,.." -'.)pI',,~ b. F. I I i i I d. i To diseute this employme'nt pr.ionatelY thr~ugh,out job classes. . To make continuous effort to prevent occurrence of arbitrary discriminatory practice relating to employment or access to promotion. To insure that public funds awarded through contract will be provided to only contractors complying with . Equal Employment Opportunity conditions. c. AFFIRMATIVE ACTION PLAN l~ Organizational Responsibility i . I 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 compliance deficiencies to the City Administrator for communication to the Personnel Commission and to the City Council semi-annually. Each Department Head will be responsible to see that its department fulfills the requirements of this policy. 2. Specific Goals of Policy ~ . d. 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. T -:"'" 1; _ ;; _ r :-:-'--<: ~ 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 1987, full parity should be achieved in all departments. This is to be accomplished by normal employment growth, current openings, and turnover rates. -2- . ~.... -'-"'-""~..,.---_.".- 7":1 ~' ,.....'.r'.i?,':P.':~~~~...,.~~._".,-..- .--,'0<,.,-,.---.,...--. '_...,_....._.__;_..~.__._'__..__"_.,~_,__._n_.. '___',"__n,.._ ~~r~..,.,'Y":".~" -... ~"""''''''1'"..-,;,,-..~,~........ I / I I I ~ . . 3. Genera~ecruitment: . a. Recruitment efforts will be tailored to reach the employment disadvantaged., Liaison between community groups, agencies, and others representing the employment disadvantaged will be maintained by the Affirmative Action Off~cer. . b. Use of local advertising media aimed especially at the.emplpyment disadvantaged will be_ done. c. Referrals will be sought from local well-known organizations that specialize in the employment of the disadvantaged. 4. Hiring Policies: Ranking candidates for employment will be general, relevant and uniformly applied. Tests will be scored on three levels of deomonstrated 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. "" 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 perform the tasks are asked. , . d. Prompt establishment of eligible lists and notification to candidates will be accomplished. ~ c. e. Because of increasing requirements for professionally developed tests tailored to the job structure, contracting for some of these services beyond current levels of expertise will be considered. f. Exam content must be confined to measurement of knowledge and skill and abilities to perform tasks related to the position being recruited. -3- ~ . . ...,.". r .,.., 4.....,.,.--. " ~.'I!"j.W'.'..".,=."....,..,!, _..J.~ ( I I j g. Toeure the above requirem. 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 writing and include minim~m job requirements for hiring eligibility. Each job classification must be ~~-~ade available for the general public upon request. h~ Continuous open examinations will be used when practical. i. Each applicant for employment with the City of Gilroy will be requested to complete an Affirmative Action data form, indicating position applied for, _. ~ge~ sex, ethnic origin, and handicap information =-=---=-:.(Appendix A to Section I). This form is for Affirmative Action statistical purposes only and will not identify the applicant by name. It will be kept separately from the application form and will not be used in any way in the testing and appointment ~:.-~process. - - .- -. -- - . - - ~- - - -. - - - .... ~-:""- .-:.:-:r "'. .. - . . - - :- -. - - - -~ -:. \ - . - - - --.- -----.-- -_. .__ u ,_ _ _. ....!"".~:. -= -:. ~: -- ~ - - - .- .. - - - . ... .. - .- .:.:...-.- -.;., - a;::; _~ ::.:.:-. :..:. -4~ -. . 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 conditions. 2. 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 implement' the Affirmative Action Plan. . - 4. Recruitment a. All advertisements for employees will carry the nota~ion, "An Equal Opportunity Employer." 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 employment levels fall below parity. .'" - c. Use local advertising media for recruitment especially directed toward the prospective minority employee. d. Present employees will be encouraged to refer min9.rity group applicants for employment. ..... s. Training and Promotion Whenever feasible, programs for the improvement of skills will be promoted for minority group employees and applicants. -5- -. .....'V''':~ '.~ ....... . ~~-,..",......,....~.1!'" '", I i I I , \ I . .. 6. Unions a. w~er possible, all effor~ill be made to encourage and cooperate with local unions to develop training 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 defines responsibilities for non-discrimination in hiring, training, referrals, and all, other areas that currently limit minority group participation in the labor sector. 7. Records The contractor shall create and maintain all necessary records essential to the determination of compliance with the equal employment opportunity obligations under this contract. 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: a. Number of minority and non-minority workers employed in each job classification. This list shall be provided 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, training, and promoting minority group employees. e. The efforts and progress made in securing subcon- tractors with a demonstrated record of meaningful minc;>rity group representation.~_______._,_,_._________. ~ -6- ~. '- .. . B. > STATEMENT OF ~IFICATION . The contractor shall execute the following Fair Employment Practices Statement: 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, age, handicap, . color, sex, or national origin. On , (name of Contractor) contract by the City of Gilroy, located in the County of Santa (Date) was awarded a public improvement . Clara, State of California, for. the work of Under said contract, has agreed (Name of Contractor) to comply with those-Equal Employment Opportunity conditions as put forth in Section II of the City of Gilroy's Affirmative Action progr'am, ahd has agreed, among other things, that damages will be paid to the City in the event that the requirements of said conditions have not been satisfied. , - .. Date Signed (Company's Name) (Company's Address) -7- :;~\.~;'l'J~;:_:; .,~- SECTION III " ~ . . '. . A. 1980 CENSUS POPULATION DATA (Gilroy Census Tracts 5125 & 5126) No. % 1. Hispanic Origin 9,760 45.10 2. Other White 10,892 50.33 3. Other Races 989 4.57 Total 21,641 100.00 B. ETHNIC GROUPS AND WOMEN EMPLOYED BY THE CITY OF GILROY BY DEPARTMENT Positions Hispanic Origin Other White Other Races Women No. % No. % No. % No. % Admin. ; 13 2 15 11 85 0 0 9.: 69 . Po1ic;:e 49 8 l6 39 80 2 4 10 2 Fire 21 ~ 4 19 17 81 0 0 1 , . . P & R 21 8 38 lO 48 3 l4 3 1 Pub. Wks. 46 18 39 26 57 2 4 7 1 Planning 6 1 l7 5 83. 0 0 3 5 TOTALS 156 41 26 108 69 7 ,4 33 2 ., ! .. -8- .. .' r.,.z: ,..' . ".,., ~.~"".."""~'!'-'~..."...._,.";~....- EmiNIC GR~S AND ~ EMPLOYED BY WE CITY OF GILROY BY CIASSIFICATICN - .' PoSa Hispanic Origin Other.e Other Races No. % No. % No. % ." c. j Accoont Clerk Mnin. Secretary Asst. City Administrator Asst. Planner Assoc Planner Auto. ~. I ,Bldg. Inspector Chief Bldg Inspector Chief of Police City Administrator City Clerk Clerk Typist I Camunity Relations Spec. Carplter cperator O1stcxtian Director, Parks & Rec. D;rector, Planning Director, Public Works Engineering Aide Equip. Maint SU~. Facilities. Maint. Spec. FacilitieS' Maint. SUper Fire Captain , Fire Chief Fire Engineer Firefighter Fire Marshal Garage Asst. GraIDdskeeper I Gramdskeeper II HCD Coordinator B<D Aide " Jr. Civil Eng. Lab Tech. MSO Parking Enforc. Off. Parks Supt. Persamel Director Personnel Secretary Plan Review Tech Police Cannander Police Officer Police Records Clerk Police Sergeant Public Works Insp. ~ ".. ",""~ .. 3 1 1 2 1 2 2 1 1 1 1 7 1 1 1 I 1 1 1 I. I' 1 6 1 6 6 1 1. 3 3 1 1 3 1 2 1 1 1. r 1 2 29 6 6 1 1 a o a a a 0' o o o o 1 a 1 1 a a o 1 o 1 o a a ~ 1 3 a o 2 2 a 1 o o 2 '0 o o o o o 6 1 a o "r ,..... "':'. "':"""'",.~";":l"":."!.~~~:",,, "'.'!I!'""I""'",-"~:-""""-,,,~-~.,-,,.,--,,---,,~ 33 o o o a o o o o o o l4 ' o 100 100 o o o 100 o loa ~O a a l7 50 o a 67 67 a loa a Q loa o o q o o Q 21 l7 o a 2. 1 1 '2 "l 2. 2 1 1 1 1 6 1 o o 1 1 I 0, 1 o 1 6 1 5 3 1 1 1 1 o o 2 1 o 1 1 1 1, 1 2~ 22 4 6 1 67 100 100 100 100 100 100 100 100 100 100 86 100 o o 100 100 100 o 100 o lOO 100 lOO 83 50 100 100 33 33 o o 67 100 o lOO 100 100 100 100 100 76 67 100 100 003 o 0 1 000 o 0 1 000 000 000 o 0 0 000 000 001 007 o 0 1 o 0 0 o 0 0 000 000 000 o 0 0 o 0 0 000 o 0 0 o 0 0 o 0 0 o 0 0 o 0 0 000 o 0 0 o 0 0 o 0 0 .1 100 0 o 0 0 1 33 0 o 0 1 o 0 0 001 o 0 0 cf---o--_d- 0 o O. 1 o 0 1 o 0 0 1 3 1 1 17 6 o 0 0 o 0 0 ) . . Wahen No. % 100 100 o 50 o o o o o o 100 lOO lOO o o o o o o o o . o '0 a o o o o o O. o o o lOO o 100 o o 100 100 o 3 100 o o ..,. .. . .. Pas. ' . . Hispanic Origin Other~ Other Races ' Waren No. % No. No. % No. . % P.W. Maint.I 5 3 60 2 40 0 0 0 0 P.W. Maint.lI 6 5 83 1 17 0 0 0 . 0 P.W. Senior,Maint. 2 2 100 0' 0 0 0 0 0 P.W. Supt 1 0 0 .1 100 0 0 0 0 Purchasing Agt. 1 0 0 1 100 0 0 1 100 Rec Supvsr II 2 1 50 0 0 1 50 1 50 Rec SupvsrII 1 0 0 1 100 0 0 0 0 .Secretary 5 0 0 5, 100 0 0 5 100 Sr. Acct Clerk 1 0 0 l' 100 0 0 1 lOO Sr. Olstcdian 1 0 0 0 0 1 lOO 0 0 Sr. Gramdskeeper I I 100 0 0 0 0 0 0 Str & Sewer Super. 1 0 0 1 100 0 0 0 0 Treec1irnber 2 I 50 0 0 1 50 0 0 Urban Forester 1 0 0 1 100 0 0 0 0 WWTP q;>. I 8 6 75 2 25 0 0 0 0 Water Supervisor 1 0 0 1 lOO 0 0 0 0 '1UI2\LS 156 43 28 106 68 7 4 33 21 . '"' " " 1"1I"._. ~Jfi" ~~ _ !I'll!!