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1979R03- EQUAL EMPLOYMENT OPPORTUNITY . RESOLUTION NO. 79-f?- 3 A RESOLUTION ADOPTING AN AFFIRMATIVE ACTION PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY IN THE CITY OF SCHERTZ WHEREAS, the City of Schertz wishes to reaffirm its policy of non-discrimination; and WHEREAS, the City of Schertz has been designated by the Department of Housing and Urban Development as an Entitlement City with such designation being contingent upon accomplishing certain requirements; one being adoption of an Affirmative Action Plan for equal employment opportunity, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, that The attached pOan to achieve Equal Employment Opportunity containing goals, objectives and policies relating thereto is hereby adopted. PASSED, APPROVED AND ADOPTED this the ~Lday of , 19 19 ~e 4-,L/ Mayor, Cit) of Schertz, Texas ATTEST: ~tfli)JU"'Il,-___ _' ecretary, City of Schertz AFFIRMATIVE ACTION PLAN 1.0 General Statement: Non-Discrimination 1.1 In accordance with Title VII, Equal Employment Act of 1972, Section 704; Section 109 CDGG Act 1974, Title VI HUD Act 1964, the City of Schertz ,hereby' declares its firm commitment to a policy which will recruit, hire, and promote for all job classifications without regard to race, color, religion, national origin, or sex; except where sex is a bonafide occupational qualification. The City Of Schertz will make promotion and transfer decisions on the basis of the individual's qualifications as related to the requirements of the position for which the individual is being considered. 1.2 The City of Schertz shall not allow discrimination based on race, color, creed, sex, age or national origin to enter into any in-house employment activities nor any contractual arrangement. 1.3 This plan is not passive in nature. It is an active, continuing plan containing both guidelines and adequate monitoring capacities which, when applied, should assure equal employment opportunity in all phases of City operations. 2.0 General Statement: In-House Employment 2.1 In this context, in-house employment shall mean the employment relationship between the City and any City employee or prospective employee whether full or part time. 2.2 Recruitment Procedures (A) Notice of job vacancies will be disseminated ~n the following manner: 1. Posted in the City Hall and all other City offices. 2. Placed in advertisement in newspaper having local'circulation. 3. Posted in placement offices of local area schools and colleges. 4. Notice will be sent to the appropriate Field Office of the Texas Employment Commission. (B) All of the above posters and advertisements shall clearly state that the City is an Equal Opportunity Employer. (C) The City Staff shall mai,ntain contacts with leaders in the minority community and will encourage referrals of qualified minority members for possible job evaluation and placement. 2.3 Employee Selection (iI) All employee selections shall be on the basis of demonstrated merit and fitness without regard to race, color, creed, sex or national ori gi n. (B) Special employee qualifications beyond those contained in job descriptions on file in the City will not be imposed on any specific candidate for employment unless special approval is given by the City Manager. (C) Ceterus Paribus, preference will be given first to those individuals residing within the City and secondarily to residents of the Area. 2.4 Working Conditions, Pay Scales and Promotion (A) The City of Schertz's pay scale shall be nondiscriminatory in both essence and effect. Supervisory personnel shall conduct periodic reviews of their subordinate's pay scales and recommend adjustment of inequities. (B) All opportunities for promotion or transfer, within the City, shall be duly posted at the City Hall. Selection criteria shall consist solely of demonstrated merit, ability, education and experience. (C) All City personnel shall be provided safe, sanitary and healthful working conditions. Less desirable and unpopular work assignments shall be distributed as equally as possible among employees of the same classification within an organizational element. 2.5 Training and Educational Opportunities (A) The City encourages all employees to further their educational and training status. 1. Provision is made in the City's Personnel Policy to allow, where feasible, employees to work one-quarter, one-half or three-quarter time with their pay scale so adjusted, while in attendance at an educational institution. 2. When appropriate, designated City employees shall be authorized by the City Manager to participate in work shops, seminars and other work sessions in order to increase their training and competency within their field. When so authorized, employees shall be reimbursed for their expenditures within limits set in the Personnel Policy under travel. 2.6 Staff Reductions, Demotion and Termination (A) If, during the course of City operations, a reduction in force becomes necessary, this will be accomplished without regard to race, color, creed, sex or national origin. The only considerations will be seniority and efficiency of the particular employee and his skills and the necessity of his staff position. (B) At no time shall demotion or termination of any employee be based on his race, color, creed, sex or national origin. 2.7 Employee Responsibility (A) No employee shall discriminate against any other employee(s)"because of his (their) race, color, creed, sex or national origin. (B) No employee shall allow himself to become prominently associated with any group or organization which is identified with discrimination on the basis of race, color, creed, sex or national origin. (Nothing in this provision shall be construed as abrogating any sections of the Hatch Act or the various state and local regulations.) (c) Any violation of this plan by an employee of the City of Schertz shall constitute grounds for demotion or termination after proper investigation is made. (D) All employees of the City are charged with the responsibility of knowing and observing both the spirit and intent of this Affirmative Action Program. (E) All prospective employees of the City will be advised of this program and its requirements prior to their appointment to the staff. 2.8 Program Monitoring (A) The City Manager of the City of Schertz is hereby given the responsibility of acting as the Equal Employment Opportunity Officer. (B) The Equal Employment Opportunity CE.EO) shall assume the tasks of constantly monitoring the program, initiating revisions, and recording violations. Periodic reports on the effectiveness of the program will be issued by the E..O. and any violations recorded shall be filed in the Administrative fil ing system. Copies of these reports shall be forwarded to the attention of the Equal Employment Division in the Area Office. 2.9 Complaint Procedure (A) The basic intent of this Program is to eliminate discrimination complaints by eliminating thei,t:- basic causes; however, in the eventuality that such a complaint does arise, it will be expeditiously handled in the following manner and sequences: 1. The effected employee(s) will report his complaint to his immediate supervisor or to the Equal Employment Opportunity Officer. 2. The Equal Employment Opportunity Officer upon investigating the complaint will then take appropriate action. 3. In the eventuality that a complaint cannot be resolved in a satisfactory manner, the complaintant will be encouraged to contact the H.U.D. Area Director for Equal Employment Opportunity. 3.0 General Statement: Contractors of the City of Schertz 3.1 Any contractual agreement entered into by the City of Schertz and any firm, group, or individual shall be subject to the equal employment opportunity requirements as set out in Executive Order 11246 and further the regulations as stated in this section of the City's affirmative action program. 3.2 Although this section applies to construction contracts, it is not limited to such. Indeed, all contractual agreements by the City are to be included such as vendors' agreements. 3.3 Contractor Selection (A) The City shall advertise for bids on any construction contract under applicable HUD guidelines. In addition, special emphasis will be placed on the notification of minority contractors (both prime and sub). (B) In order that all prospective bidders be made aware of the City of Schertz's firm commitment to Equal Employment Opportunity, all bid documents shall contain Section 202 of Executive Order 11246, as amended by Executive Order 113751, and the additional proviso to wit: "Unless there are diligent and sincere attempts on the behalf of the contractor to provide equal employment opportunity for minority persons, the contractor shall be found in noncompliance with his contractual obligations. (C) The final selection of a prime contractor shall be on a non-discriminatory basis coupled with the contractor's willingness to meet all contractual obligations outlined as in (b) above. 3.4 Preconstruction Conferences (A) A preconstruction conference between the City of Schertz and repre- sentatives from the contractors (both prime and sub) shall be held as soon as feasibly possible after the award of contract. Also in attendance, if possible, will be representatives from the HUD area office. The City shall notify the area office and specifically the Equal Opportunity Division thereof sufficiently in advance in order that they may attend. (B) During the conference, all contract provisions relating to equal employment opportunity shall be discussed and the City shall reiterate its determination to assure full compliance. (C) The City shall also impress upon the contractor the need for an active program and shall offer its resources to the contractor for such items as minority employment applications and the like. (D) The contractor's Affirmative Action Plan shall be discussed in detail at this conference. (See Also 3.4) (E) Minutes shall be kept of the conference and copies shall be forwarded to the .area office. 3.5 Contractor's Affirmative Action Plan (A) All contractors and subcontractors are required to take affirmative action to ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex, or national origin. The model or guidelines which the contractor has for assuring the above is known as his Affirmative Action Plan. (B) The action outlined in this plan shall include, but not be limited to, the foll owing: employment, upgrading demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; selection for training, including apprenticeship; and posting in a conspicious place, available to employees and to appl icants for employment, notices regarding the equal employment opportunity requirements of Executive Order 11246. (C) The City expresses a desire for all of its contractors to maintain a written Affirmative Action Plan; however, the following are required by law; Executive Order 11246, as amended. 1. Prime contracts of $100,000' or more on projects costing $1 million or more; 2. Subcontracts of $100,000 or more on projects costing $1 million or more; or 3. Those specifically identified by the HUD Contract Compliance Officer. (D) The Contractor must submit his Affirmative Action Plan within 15 days after notification by the City. The City will then notify the U.S. Department of Labor as required by Executive Order 11246. (E) All Contractors and subcontractors shall maintain an affirmative action file to keep written reports with dates detailing their efforts to meet their affimative action responsibilities. 3.6 City of Schertz Responsibility (A) The City shall provide for full compl iance with and active implementation of all Federal, statutory, regulatory, Executive Order, and contractual requirements relating to equal employment opportunity. (B) The City is also responsible as a part of normal contract administration for detecting all cases of non-compliance with the equal opportunity clause or written affirmative action requirements and for reviewing contractor performance to ensure that these responsibilities are met. (C) All complaints received by the City shall be directed to the Area Director for Equal Opportunity. (see3.6) 3.7 Complaint Procedure (A) The basic intent of this Program is to eliminate discrimination complaints by eliminating their causes; however, in the eventuality that such a complaint does arise which cannot be resolved' locally, it will be expeditiously handled in the following manner: 1. The City shall assist the complainant by providing information as to the manner in which a complaint is to be submitted and by assisting, if necessary, in reducing the complaint to writing. If necessary, the City shall then immediately forward the compalint to the Area Director for Equal Opportunity and will be assisted in such if he so desires. 2. Copies of the complaint procedure will be prominantly displayed at the City Hall of the City of Schertz and at the work site. This Affirmative Action Plan is strictly adhered to an insures that all hiring and promotional practices of the City of Schertz follow the equal opportunity requirements of Executive Order 11246, as amended. In addition, the City meets the requirements of Executive Order 11598 by listing all job openings with the Texas Employment Commission as a means of providing assistance to Veterans returning to civilian life.