1979R04- ADOPTING AN AFFIRMATIVE ACTION PLAN
RESOLUTION NO. 77-/(-#
A RESOLUTION
ADOPTING AN AFFIRMATIVE ACTION PLAN, SECTION 3
FOR EQUAL EMPLOYMENT OPPORTUNITY ACT OF 1972
(IN HOUSE EQUAL EMPLOYMENT OPPORTUNITY) IN THE
CITY OF SCHERTZ, TEXAS.
WHEREAS, the City of Schertz is commited to eliminating
discrimination because of race, color, religion, sex, or national origin
and will comply with Section 3 (Use of Small and Disadvantaged Businesses
and Hiring Lower Income Residents of the Project Area), Equal Employment
Opportunity Act of 1972 (In House Employment Opportunity), NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, that
The attached plan to achieve Equal Employment Opportunity containing
goals, objectives and policies relating thereto is hereby adopted.
PASSED, APPROVED AND ADOPTED this the 6th day of February, 1979.
Lf2..:/C!&~.~~
Mayor, City of Schertz, Texas
ATTEST:
(SEAL OF CITY)
AFFIRMATIVE ACTION PLAN
SECTION 3
FOR
THE CITY OF SCHERTZ, TEXAS
POLI CY
The City of Schertz, is committed to eliminating discrimination because
of race, color, religion, sex, or national origin, and will comply with
Section 3 (Use of Small and Disadvantaged Businesses and Hiring Lower
Income Residents of the Project Area), Equal Employment Opportunity Act
of 1972 (In House Equal Employment Opportunity).
Notice of the policy will be placed in plain sight on the job location
for the benefit of the interested parties and all contractors and sub-
contractors will be so notified. All Equal Opportunity Posters will be
displayed as required.
RESPONSIBILITY
City Manager of the City of Schertz, with offices located at 1400
Live Oak Road, Schertz, Texas 78154, has been appointed as Equal Oppor-
tunity Officer to coordinate the City of Schertz efforts, to advise and
assist key personnel and staff, to officially serve a focal point for
complaints, and to submit required reports as needed.
IN-HOUSE PROGRAM UNDER SECTION 3
At present there are 38 persons employed by the City of Schertz, and
of those employed, 66% reside within the city's corporate limits, while
3:11% reside outside the oorporate city limits. As vacancies occur and/or
new positions are created, the City of Schertz will make every effort to
maintain at least the present percentage level of employees who work for
the city and reside within the city's corporate limits.
A. The current employment of the City of Schertz by department is
listed on the attached Exhibit "A" showing position, place of
residence, salary range, sex, and race.
B. Projected vacancies and training: The City of Schertz anticipates
annual employee turnover of 25 percent, or 12 employees. As
this turnover occurs, every effort will be made to upgrade employees
from lower classification positions. A registry will be maintained
to screen all applicants and to the greatest extent feasible to fill
vacancies with qualified lower income residents. Department heads
will refer to the registry when positions become available.
C. The City of Schertz has eight v8) minority employees, or 21'%
minority employment. Women make up 25% of the city's work force,
or 11 employees. As positions become available through termination
and attrition, the city will make every effort to increase both its
minority and women's employment. Percentage goals established by
the City of Schertz are reflected on Exhibit "A".
All personnel actions of the City of Schertz shall be made on a non-
discriminatory basis without regard to race, color, religion, sex, or
national origin.
AFFIRMATIVE CONTRACTING AND SUB-CONTRACTING
Anticipated contracts involving federal funds to be awarded and to be bid by
the City of Schertz are indicated on Exhibit "B" attached hereto and made a
part hereof.
All advertisements for bids and contracts involving federal funds will contain
the required Section 3 language as follows:
A. The work to be performed under this contract is on a project
assisted under a program providing direct federal financial
assistnace from the Department of Housing and Urban Development
and is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u
Section 3 requires that to the greatest extent feasible opportuni-
ties for training and employment be given lower income residents
of the City of Schertz and contracts for work in connection with
the project be awarded to business concerns which are located in,
or owned in substantial part by persons residing in the Schertz
ci ty 1 imits.
B. The parties of this contract will comply with the provisions of
said Section 3 and the regulations issued pursuant thereto by the
Secretary of Housing and Urban Development set forth in 24 CFR,
and all applicable rules and orders of the Department issued there-
under prior to execution of this contract. The parties to this
contract certify and agree that they are under no contractual
or other disability which would prevent them from complying with
these requirements.
C. The contractor will send to each labor organization or representative
of workers with which he has a collective bargaining agreement or
other contract or understanding, if any, a notice advising the said
labor organization or workers' representative of his commitments under
this Section 3 clause and shall post copies of the notice in conspicu-
ous places available to employees and applicants for employment or
training.
D. The contractor will include this Section 3 clause in every subcontract
for work in connection with the project, and will, at the direction of
the applicant for or recipient of federal financial assistance, take
appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the Secretary of
Housing and Urban Development, 24 CFR. The contractor will not sub-
contract with any subcontractor where it has notice or knowledge
that the letter has been found in violation of regulations under 24
CFR, and will not let any sub-contract unless the subcontractor has
first provided it with the requirements of these regulations.
E. Compliance with the provisions of Section 3, the regulations set forth
in 24 CFR, and all applicable rules and orders of the Department
issued thereunder prior to the execution of the contract, shall be a
condition of the federal financial assistance provided to the project,
binding upon the applicant or recipient for such assistance, its
successors and assigns. Failure to fulfill these requirements shall
subject the applicant or recipient, its contractors and sub-contractors,
its successors, and assigns to those sanctions specified by the grant
or loan agreement or contract through which federal assitance is
provided, and to such sanctions as are specified by 24 CFR. 135.
,
The City of Schertz will use their and/or available HUD Business Registry
as far as possible to fill sub-contracting needs. The city shall also seek out
additional small businesses within the city limits and inform them of their need
to be on the HUD City and/or available Business Registry.
A. The city shall inform each contractor of the affirmative action
requirements and insure compliance. All Affirmative Action Plans
sha 11 be revi ewed and approved by the Ci ty of Schertz and then
involving federal funds when required to do so.
B. The City of Schertz will submit all required reports on time
and will insure that all contractors and sub-contractors submit
required reports as needed.
C. The prime contractor will assume responsibility for submission of
both the prime contract and sub-contractors Affirmative Action Plans.
1. The sub-contractors Affirmative Action Plan shall be reviewed
for adequacy by the prime contractor and evidenced in writing
prior to submitting for approval.
2. The prime contractor and sub-contractor shall set forth a
method for the review of work force needs, goals and recruit-
ment method.
3. Work force recruitment methods shall be in compl iance with the
goals of the Section 3 clause regarding Equal Opportunity and
notice of this policy will be placed in plain view on the job
location for the benefit of all interested parties.
4. The prime contractor will specify all sub-contracts indicating
anticipated dollar amounts and set forth goals and objectives,
and where feasible award sub-contracts to small and disadvantaged
businesses from the City of Schertz. The prime contractor and
sub-contractor will, :to the maximum extent feasible notify
qualified businesses or Schertz of all pending contracts and/or
sub-contracts.
5. The prime contractor and sub-contractor shall determine the
approximate manpower needs on the basis of crafts needed for
the completion of various projects and through special outreach
efforts make these needs known to public and private recruit-
ment services and to the maximum extent feasible use lower
income residents as trainees and workers (if qualified) to
complete various projects.
6. All personnel actions on the part 'of the prime contractor and
sub-contractor shall be made on a nondiscriminatory basis
without regard to race, color, religion, sex, or national
origin. Racial mix of the total work force will, to the extent
possible, relect the racial mix of the City of Schertz.
LOWER INCOME CLARIFICATION
A family which resides in Schertz and whose income does not exceed (90%0 of
the median family income for Schertz is considered by DHUD to be lower income
family. The median family income for the City of Schertz according to the
1979 census estimate is ($10,960.00); therefore a family whose income does
not exceed ($9,864.00), (90%) of ($10,960.00) will be considered as a lower
income family. Information on the attached Exhibit "A" reflects the status
of the city employees regarding lower income consideration based on their
salary paid by the city.
CURRENT EMPLOYMENT - CITY DEPARTMENTS
CITY OF SCHERTZ, TEXAS
JANUARY 1, 1979
CITY IS SALARY BELOW PERCENTAGE GOAL
RESIDENT 90% OF MEDIAN BY POSITION
DEPARTMENT POSITION YES NO YES NO SEX RACE WOMEN AND MINORITIES
ADMINISTRATION CITY MANAGER X X M CAUCASIAN
CITY SECRETARY X X F CAUCASIAN 100%
ADMIN. ASSIST. X X M HISPANIC
BOOKKEEPER X X F CAUCASIAN
TAX A/C X X M CAUCASIAN
TAX CLERK X X F CAUCASIAN 100%
C.D. CLERK* X - - F HISPANIC 100%
POLI CE CHIEF X X M CAUCASIAN
PATROL SERGEANT X X M CAUCASIAN
SGT. INVESTIGATOR X X M CAUCASIAN
PATROLMAN X X M CAUCASIAN
PATROLMAN X X M CAUCASIAN
PATROLMAN X X M CAUCASIAN
PATROLMAN X X M CAUCASIAN
OFFICE MANAGER X X F CAUCASIAN 100%
DISPATCHER X X F CAUCASIAN 100%
DISPATCHER X X F CAUCASIAN 100%
DISPATCHER X X M CAUCASIAN
DISPATCHER X X F CAUCASIAN
l1ISPATCHER* X M HISPANIC
I NSPECTI ON BUILDING INSP. X X M CAUCASIAN
ST. & PARKS SUPERVSOR X X M CAUCASIAN
WORKER I I X X M HISPANIC
WORKER II X X M HISPANIC
WORKER I X X M CAUCASIAN
WORKER I X X M CAUCASIAN
WORKER I X X M CAUCASIAN
ANIMAL CONTROL
ACO X X M CAUCASIAN
.
GITY IS SALARY BELOW PERCENTAGE GOAL
RES IDENT 90% OF MEDIAN BY POSITION
DEPARTMENT POSITION YES NO YES NO SEX RACE WOMEN AND MINORITIES
ANIMAL CONTROL CUSTODIAN* X - - M HISPANIC
HEALTH-SAFES X X M CAUCASIAN
PUBLI C WORKS DIRECTOR X X M CAUCASIAN
SUPERVISOR X X M HISPANIC
SERVICEMAN X X M BLACK
SERVICEMAN X X M CAUCASIAN
LABORER X X M HISPANIC
COMPUTER OPERATOR X X F CAUCASIAN 100%
UTILITY CLERK X X F CAUCASIAN 100%
UTILITY CLERK X X F CAUCASIAN 100%
NOTE: * DENOTES PART TIME