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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.