CC Resolution No. 11462055
RESOLUTION NO. 1146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING A PROGRAM OF AFFIRMATIVE ACTION TO
INCREASE UTILIZATION OF WOMEN AND MINORITIES WITHIN THE
CITY OF BAYTOWN'S WORKFORCE.
********************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
WHEREAS, it is in the interest of the City of Baytown to
take proactive measures to recognize the diversity of the
community by having that diversity reflected by the City of
Baytown's workforce, and
WHEREAS, the City of Baytown currently has informal programs
for recruiting women and minorities for the City of Baytown
workforce and otherwise facilitating women and minority hiring
and promotion, and
WHEREAS, formal adoption of an affirmative action plan will
demonstrate the City of Baytown's commitment to equal employment
opportunity to prospective and potential women and minority
employees, and
WHEREAS, adoption of a formal affirmative action plan would
facilitate data collection, analysis, communication, counseling
of managers, setting and evaluation of goals, planning for
attaining goals, training, and the redesign of employment
procedures, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, adopts the City of Baytown equal employment opportunity
and affirmative action plan in accordance with the terms and
provisions set out in said Policy attached hereto as Exhibit "A"
which is incorporated herein and made a part hereof for all
purposes.
Section 2: This resolution shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 23rd day of April,
1992.
i
lawn • HUTTO, Mayor
ATTEST:
�P.eCEyC/ -
EILEEN P. AL , City Clerk
2056
ACIO RAMIREZ, S .,•City Attorney
C:1:6:6
- 2 -
2057
CITY OF BAYTOWN EQUAL EMPLOYMENT OPPORTUNITY POLICY AND
AFFIRMATIVE ACTION PLAN
I. Equal Employment Opportunity Policy
A. The City of Baytown's Equal Opportunity Policy is designed to
bring into service of the City a high degree of
understanding, awareness, cooperation and efficiency in the
human resources administration area.
The City of Baytown will provide equal employment
opportunity to all its employees and applicants for
employment to assure that there shall be no discrimination
against any persons on grounds of race, color, religion,
natural origin, disability or sex, except when sex is a
bonafide occupational qualification.
The objectives that this policy seeks to achieve are:
a. To provide equal employment opportunity in our human
resources administration such as recruitment, selection
and placement, compensation, promotions and transfers,
benefits, disciplinary measures, demotions, layoffs and
terminations, daily working conditions, testing and
training.
b. To develop a recruiting program that will attract and
encourage qualified applicants for positions that are
available in the workforce of the City.
C. Train all supervisors on Equal Employment Opportunity
and Affirmative Action Policies and Procedures.
d. To establish and maintain a formal Affirmative Action
Plan and to evaluate the compliance of the goals that
are set forth and to create future action plans when
needed.
B. In addition to ensuring Equal Employment Opportunity to
protected classes, such as minorities and females, the City
of Baytown's Affirmative Action Policy places a duty on all
of the managers and supervisors to take positive steps to
improve job opportunities for women and minorities at all
levels and in all parts of its workforce to reflect their
availability in the relevant workforce.
1
"I3
C. The City of Baytown is committed to Equal Employment
Opportunity and it is given top priority consideration in
the day to day operations. All city employees are aware of
this firm commitment and that any actions contrary to this
policy shall result in appropriate discipline, including
discharge if warranted.
II. AFFIRMATIVE ACTION COMMITMENT
A. City Manager
The City Manager for the City of Baytown has the overall
responsibility for the Affirmative Action Plan and Equal
Employment Opportunity Policy.
B. Human Resources Director
The Human Resources Director will be responsible for the
dissemination of Equal Employment Opportunity/ Affirmative
Action information throughout the city.
The Human Resources Director will assist department
directors /division heads in setting employment goals,
identifing problem areas, setting performance goals and
measures for achievement, establishing viable timetables to
eliminate any discriminatory practices discovered in the
employment and training process within their respective
departments.
The Human Resources Director will design and implement an
audit reporting system to measure EEO compliance and
program effectiveness.
The Human Resources Director will determine where progress
has been made and where further action is needed in
detailed and specific terms.
The Human Resources Director will serve as liaison on
Affirmative Action /Equal Opportunity matters between the
Citv of Bavtown and EEO officials when required.
III. PUBLICIZING AND DISSEMINATING THE AFFIRMATIVE ACTION PLAN
The Affirmative Action Plan will be published and
disseminated by the Human Resources Director to all
departments of the City of Baytown.
Each department /division will be delegated responsibility
to assist the Human Resources Director by providing
planning information and recommendations geared toward the
avoidance of EEO- related problems.
040111
C. Testing
In the event tests are given, they will be given in a
manner to insure they are job - related and that information
is obtained to ensure successful job performance.
D. Transfer, Advancement, and Layoffs
The City of Baytown will make certain all qualified
employees receive equal consideration for opportunities
for advancement, including upgrading, promotion and
transfer. These changes will be made on the basis of
qualifications and other legally acceptable criteria.
E. Compensation
The City of Baytown has a job evaluation process which
was developed to insure internal equity in its compensation
practice.
All starting salaries and promotions are outlined in the
City of Baytown Personnel Policy Manual in Chapter 7.
The City of Baytown has a pay for performance structure
and raises will reflect performance.
V. Reporting
This Affirmative Action Plan will include on an semi - annual
basis, the following components:
1. Workforce Analysis
2. Availability Analysis
3. Underutilization Analysis
4. Applicant Flow Record
5. Promotion and Transfer Record
6. Termination Record
Progress reports on attainment of affirmative action goals
will be done as an ongoing process. An ongoing analysis
will be made of the above reports to determine the
effectiveness of the total program. The Human Resources
Director will monitor all records of referral, placement,
transfers, promotions and terminations at all levels to insure
compliance. Periodic meetings with the City Manager and
department directors will be held to review progress and
implement additional action - oriented programs.
IV
I.1
2059
The Human Resources Director will hold meetings with the
Department Directors to discuss EEO responsibilities and
program progress, whenever it is deemed necessary. It
is the responsibility of the Department Directors to
disseminate the Equal Employment Opportunity
responsibilities and program progress to all levels of
supervisors.
The City of Baytown's policy on EEO /Affirmative Action will
be communicated to all new employees during the orientation
briefing and annually disseminated to existing personnel.
DEVELOPMENT AND EXECUTION OF ACTION - ORIENTED PROGRAMS
Recruitment
Notification of job openings will be disseminated through
a weekly mailing to all segments of the community. The
mailing will be to clubs, groups, institutions of higher
learning, minority and women's businesses, minority and
women's organizations, along with vocational
rehabilitation agencies. The city will contact both
minority and female organizations to develop and implement
programs to increase the motivation and qualification of
minority and female persons for jobs throughout the city.
It will encourage these organizations to refer qualified
individuals for employment.
Recruiting sources for the City of Baytown will be
informed by correspondence that the city is committed to Equal
Employment Opportunity .
All advertisements in publications seeking applicants for
employment with the City of Baytown will include the
following statement, "The City of Baytown is an
Affirmative Action /Equal Opportunity Employer" and will
be processed through the Human Resources Department.
B. Education, Training and Development
The City of Baytown provides equal opportunity for all
employees to participate in city sponsored, as well as
outside training programs. Selection for these programs
is made on the basis of qualifications. In addition, special
efforts will be made to include potentially qualified
minority or female employees in these programs.
2061
VI. DISCRIMINATING COMPLAINT PROCEDURES
A. Scope of Coverage
All applicants for positions with the City of Baytown a n d
all city employees may seek timely redress of discrimination
complaints through these procedures. These procedures,
however, are not intended to be a replacement for the
working relationship which must exist between supervisors
and employees.
B. Definition
A discrimination complaint is any allegation that a person
has been denied employment, promotion or advancement, or
has been affected in any other condition of employment,
because of his or her race, sex, color, national origin,
religion, age or disability.
C. Rights of Personnel
1. Retaliation - Every complainant has the right to be
free from retaliation, coercion, or interference because
of filing a timely complaint.
2. Representation - Every complainant and every person
against whom a complaint has been filed has the right
to be represented by a person of his or her choice if
such a person is available.
3. Notice - Every person against whom a complaint has been
timely filed has the right to have notice of the
charges against him or her. All persons have the right
to reasonable notice of any hearing conducted on a
complaint.
D. Procedures
1. Initiation of complaint - Any applicant or any City
employee, or his representative, may file a timely
discrimination complaint with the EEO Representative.
The complaint must be in writing and must allege all
relevant facts constituting the basis of such
complaint.
2. Informal Procedures - Upon receipt of a complaint, the
EEO Representative will:
a. Make any investigation into the matter which he or
she deems necessary;
b. Consult with the parties involved and seek an
informal resolution of the problem; and
5
2062
C. Prepare a report identifying the issues,
describing his or her findings, explaining what
resolution, if any, was achieved, and defining
what corrective actions, if any will be
undertaken.
3. Formal Procedures
a. Filing - If either the complainant or the person
against whom the complaint has been filed objects
to the findings of the EEO Representative such
person may file a written grievance as outlined in
Chapter 10, Section 9, in the Personnel Policy
Manual.
VII. Terms and Definitions of this Affirmative Action Plan
1. The _ terms "problem areas," "underutilization,"
"concentration," when referred to in this affirmative
action plan are used in accordance with Federal rules
and regulations which require their use in the context
of an acceptable affirmative action plan. Any
references to "goal" means a measure set in the future.
A "good faith" effort will made to attain the goals.
Goals will be updated on an annual basis, in order to be
continuously in compliance with Federal laws, rules
and regulations.
2. The selection of certain geographical territories,
labor areas, availability statistics, or any other
workforce statistics is not intended to mean that said
statistics are the only correct statistics that might
be applicable. They are utilized herein solely in
accordance with Federal rules and regulations and for
no other purpose.
2
2063
CITY OF BAYTOWN
SUMMARY OF AFFIRMATIVE ACTION PLAN
The City of Baytown is committed to Equal Employment Opportunity,
and it will be given top priority in day to day operations. The
objectives of the policy are:
* To provide Equal Employment Opportunity in Human
Resources such as recruitment, selection, placement,
compensation, promotions, transfers, benefits,
disciplinary measures, demotions, layoffs, terminations,
daily working conditions, testing and training;
* To develop a recruiting program that will attract and
encourage qualified minority applicants;
* To set Affirmative Action goals and time frames;
* To train all staff on Equal Employment Opportunity and
Affirmative Action.
The Affirmative Action Plan will include the following components:
* Workforce Analysis
* Availability Analysis
* Underutilization Analysis
* Applicant Flow Record
* Promotion and Transfer Record
* Termination Record
Progress reports on attainment of Affirmative Action Plan goals
will be done as an ongoing process. An ongoing analysis will be
made of the above reports to analyze the effectiveness of the total
program. This information will be reported to City Council on an
semi - annual basis.
The City Manager has overall responsibility for the Affirmative
Action/ Equal Employment Opportunity Policy.
The Human Resources Director will be the EEO Officer responsible
for the dissemination of EEO /Affirmative Action Policy throughout
the City. The EEO Officer will assist Department Directors in
setting employment goals, identifying problem areas and measures,
and establishing viable timetables.
In addition to ensuring Equal Employment Opportunity to protected
classes, the City of Baytown places a duty on all
managers /supervisors to take positive steps to improve job
opportunity for women and minorities at all levels and in all parts
of its workforce.