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HomeMy WebLinkAbout1975 Ordinance No. 026' • • • INTRODUCED AS A BILL BY COUNCI LMAN BLESSING BY AUTHORITY ORD I NANCE NO. .2, , SERIES OF 1975 AN ORDINANCE REPEALING AND REENACTING, WITH AMENDMENTS, SE CTION 3, CHAPTER 1, TITLE V OF THE 1969 E.M.C., EQUAL EMPLOYMENT OPPORTUNITY AND FAIR EMPLOYMENT PRACTICES; PROHIBITING DISCRIMINATION IN EMPLOYMENT; AN D ADOPTING AN AFFIRMATIVE ACTION PROGRAM FOR THE CIT Y OF ENGLEWOOD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT Y OF ENGLEWOOD, COLORADO, as follows: Sec tion 1. That Section 3, Chapter 1, Title V of the 1969 E .M.C., is hereby repealed and reenacted to read as fol lows: 5 -1-3 E2UAL EMPLOYMENT OPPORTUNITY -F IR EMPLOYMENT PRACTICES (a) Neither the City of Englewood nor any officer or employee thereof shall dis- criminate against any applicant for employ- ment, or any employee, in selecting applicants f or employment, or in training, promotion, c ompensation, providing benefits, layoffs and terminations, because of such applicant~ or employee~ race, color, religion, sex, age, national origin or political affiliation. (b ) As a g overnment employer, the City is subjec t to c e r t ain Federal laws on Equal Employ- ment Opportunity applicable to non-Federal public employment. Several of the major Federal laws prohibiting discrimination in l ocal government, and to which sub-section (a) of this sect i on refer, are as follows: Title VII -1 - • • • Civil Rights Act o f 1964, 42 U.S.C., Sections 200E, et seq., The Equal Opportunity Act of 1972 (Amending Title VII of the Civil Rights Ac~ ?f 1~64)! P.L. 92-261, and the Age Dis- cr1m1nat1on in Employment Act of 1967, 29 U.S.C. 621-634 and 29 C.R.F., Part 860, all major Federal Laws relating to discrimination in local_gov~rnment as set forth in the U.S. Constitution, the Constitution of the State of Colorado, as well as all Congressional Acts, and Code of Federal Regulations relating thereto. Section 2. That Chapter 1, Title V of the 1969 E.M.C. is hereby amended by adding a new Section to read as follows: 5-1-4 AFFIRMATIVE ACTION PROGRAM (a) The City of Englewood hereby adopts and establishes a policy of fair practices in employment of its members and to promote equal employment opportunity for all persons regardless of race, creed, color, sex, age, national original or political affiliation. The City of Englewood recognizes equal employment opportunity as a legal, social, and economic necessity which requires special affirmative action to overcome any effects of discrimination. Affirmative Action will effect all employment practices including, but not limited to, recruiting, hiring, promotions, training, transfers, com- pensation, benefits, layoffs, and terminations. PURPOSE (b) The policy on Affirmative Action estab- lishes a goal-setting program with measurement and evaluation factors. Accountability for goal achievement is further established to assure that Affirmative Action shares equal importance with other activities of the City. Successful -2- • • performance on Affi r mative Action goals will provide positive benefits through full utilization and development of pre- viously under-utilized human resources. I t is recognized that equal employment oppor- tunity can be fully afforded only with genuine commitments to the concepts of an Affirmative Action program. Procedures and employment practices have been devised to assure that no person or group of persons will be disciminated against because of race, religion, color, sex, creed, .national origin or political affiliation. ASSIGNMENT OF RESPONSIBILITIES (c) Responsibility for implementation of this program is hereby assigned to the Director of Personnel as Affirmative Action officer. The Affirmative Action officer will be the key responsible individual to make recommendations to the appointing authority on the plan and carry out the ~lan policies under the appointing authority's direction. All department heads and all management personnel, share in this respon- sibility and shall also insure that the policies set forth in this plan are adhered to. All supervisors below the department head level and all employees will be made aware of the purpose of the Affirmative Action Program and will be charged with the responsibility of insuring, within their individual areas, adherence to this plan. The Personnel Department, in accordance with the Career Service Board rules, shall insure that all recruiting, selection and other directly related Personnel Actions are administered in accordance with the Affirmative Action Program. Further, the Personnel Department shall be responsible for updating the statistical data of the plan as necessary. • • • STATISTIC . (d) Statistical data as related to the labor force is extracted from the 1970 census data as provided by the State of Colorado Department of Labor and Employement, Division of Employment, Research and Analysis Section. EMPLOYMENT AND LABOR FORCE PROFILE (e) The City of Englewood is located in the Denver-Boulder Standard Metropolitan Statis- tical Area. The 1970 population of the SMSA was 1 ,227,529 including 205,865 total minorities and 630,314 females. The SMSA population is approximat e ly 16.8\ minority and 51.3\ female. The total population of the City of Englewood in 1970 was 33,695 which included 8.7% minorities and 51.9 % females. The Denver-Boulder SMSA Labor Force in 1970 was comprised of 13% minorities and 33 % white females. The City of Englewood is located in Arapahoe County and although approx- imately one-half (~) of the City's staff lives within the City limits of Englewood the entire SMSA has been used in developing the goal for Affirmative Action hiring and the entire labor force which represents both minorities and females in the SMSA has been utilized as the Affirmative Action goal for hiring minorities and females. PROGRAM GOALS (f) All City employment opportunities will continue to be made known to all citizen groups. Recruitment emphasis will be placed on minority hiring by announcing all open positions with the assistance of the following agencies: 1. Colorado Division of Employment 2. Jobs for Progress, Inc. (SER) 2718 W. 28th Avenue Denver, Colorado 80211 -4- • • • 3. Minor i ty Employment Service University of Colorado School of Business Boulder, Colorado 80302 4. Urban League of Colorado 1375 Delaware Denver, Colorado 80204 5. Placement Office University of Denver 2199 South University Denver, Colorado 80210 6. Local Papers (The Rocky Mountain News, The Denver Post) Trade Journal 7. Federal Job Information Service Post Office Building 8. 18th and Stout Denver, Colorado 80202 N.O.W. 1055 Rockswood Lane Boulder, Colorado 80303 In addition, all position announcements will be forwarded to the various departments within the City of Englewood government so that present employees will be encouraged to· refer applicants. All recruitment notices will read "An Affirmative Action/Equal Opportunity Employer." TESTS (g) All testing instruments will be reviewed to determine whether they are job related. Examination content will be confined to the measurement of knowledge, skill and abilities necessary to perform specifically defined tasks as they relate to the job category. -5- ' • • • JOB REQUIR ~MENTS (h) A job restructuring study will be undertaken to review and determine the feasibility of education, experience, physical and other current requirements. Focus will be upon deter- mining only those qualifications which are directly essential to ability to perform work of that specific position. The City of Englewood application form for employment will be revised in view of the equal employment opportunity pre- employment inquiries. Also, adequate records will be maintained to insure that the City of Englewood is recruiting from all segments of the community. PERSONN EL CLASSIFICATION POLICIES (i) The Affirmative Action plan for the City of Englewood will be included in the personnel rules and procedure manual. It will reenforce the policy that equal opportunity shall be given to all qualified persons to compete for positions. GRIEVANCES (j) Any City employee or applicant for City employment who feels that he/she may have been discriminated against because of race, color, creed, sex, religion, national origin or political affiliation is encouraged to contact the Person- nel Department Affirmative Action officer. The Affirmative Action officer will assist and advise the complaintant in following the City grievance procedure. COMPLIANCE (k) Every City employee shall be made aware that furthering equal employment opportunity is an integral part of their position and that performance with res pect to the Affirmative Action Pro gram wi ll be consi dered in performance -6- • • • appraisals and evaluations. It shall be the policy of the plan that any employee of the City of Englewood who willfully violates the intent of this program shall be subject to the appropriate actions, to include reprimand and/or the disciplinary action of suspension or dismissal. PROGRAM EVALUATION (1) The Affirmative Action officer will prepare quarterly reports reflecting the status of the City in its success in meeting the goals established within this plan. Special reports will be prepared as required and all reports will be submitted to the City Manager for his purview. OPEN POSITION ANNOUNCEMENTS (m) Employees and the public will be in- formed of the City of Englewood Affirmative Action Program. through the use of various methods such as newspapers, internal memoranda, notices on bulletin boards, etc. A copy of the plan will be available to all applicants as well as employees. TIMETABLE AND GOALS (n) The timetable established by this plan and set forth below is proposed in good faith and every effort to attain these goals within the specified time period will be made by the City of Englewood. It is recognized that there are many variables which could effect attainment of these goals within a specified time. Turn- over rate, creation of new budget positions and availability of applicants are but three variable factors. It is in no way intended that the goals set forth in this plan are to be con- strued as quotas. Rather, it is a means of measuring the progress of the equal employment opportunity policy. The over-all goal for the City of Englewood is to attain a staff com- position within the various levels of employ- -7- • • • As of As of As of As of As of As of ment approximately equivalent to the work force of the contiguous jurisdictions in the Denver- Boulder Standard Metropolitan Statistical Area. The goals set by this plan merely serve as a guide and in no way reflect maximum employ- ment representation by minorities and females. From the 1970 census it has been determined that the minority work force for the Denver SMSA is comprised of 13t. Additionally, the female work force for the Denver SMSA is equal to 33\, therefore, the affirmative action goal for the City of Englewood is to employ over the next two (2) year period a minority work force equal to 13% of total employment and to hire a female work fo rce over the next three (3) years equal to 33\ of the ·total employment in positi9ns other than clerical classifications. TIMETABLE FOR MINORITIES Interim ' Employment Goal Deficiency January 1, 1976 4.33\ 13\ July 1, 1976 8.66\ 13\ January 1, 1977 13.00\ 13% TIMETABLE FOR FEMALES Interim ' Employment Goal Deficiency Janu ary 1' 1976 11.00\ 33\ January 1, 1977 22.00\ 33\ January 1' 1978 33.00\ 33\ Introduced, read in full and passed on first reading on the 5th day of May, 1975. Published as a Bill for an Ordinance on the 8th day of May, 1975 . -8- • • • Read by title and passed on final reading on the 19th day of May, 1975. Published by title as Ordinance No. ,,2(, , Series of 1975, on the 22nd day of May, 1975. ATTEST: ex ~~~~rk-Treasurer I, Karl Nollenberger, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and pub- lished by title as Ordinance No. ,,z' , Series of 1975 . ~~0f~~y Clerk-Treasurer -9-