Vallejo Municipal Code Ch. 2.74 Equal Employment Opportunity and Affirmative Action Employment Policy

A. The council declares that the city is an equal opportunity and affirmative action employer and is committed to an active and progressive equal employment opportunity and affirmative action employment policy. It is the policy of the city that all employees and applicants for employment shall receive equal consideration and treatment in employment without regard to race, color, religion, ancestry, national origin, sex, marital status, medical condition (as covered by current law), age (over forty), disability or other protected group status. The city prohibits illegal discrimination and harassment on any of these bases, including sexual harassment. The city will make good faith efforts to reasonably accommodate disabled individuals.

All recruitment, hiring, placement, transfers and promotions shall be on the basis of merit (including individual skills, knowledges and abilities, and the feasibility of any necessary reasonable accommodation) and consistent with the city's affirmative action employment policy. All other personnel actions such as compensation, benefits, layoffs, terminations, disciplinary actions and training shall be administered without illegal discrimination.

The objective of the equal employment opportunity and affirmative action employment policy is to ensure nondiscrimination in employment and to actively recruit and include for consideration in employment females, ethnic and racial minorities, and other protected groups.

To ensure the effective implementation of this policy, specific goals and timetables for the achievement of equal employment opportunity and, affirmative action employment shall be defined in an equal employment opportunity and affirmative action program. The equal employment opportunity and affirmative action program shall also set forth the specific good faith efforts that will be undertaken to achieve these goals and timetables. Goals and timetables shall be minimum and flexible standards that serve to provide direction for, and judge the effectiveness of, affirmative action employment efforts. Goals and timetables shall be develop for each protected group within each occupational category and shall be based on the relevant labor market for the appropriate occupational category. Goals are not to be interpreted as strict hiring quotas. If a protected group in an occupational category attains full utilization with comparison to the relevant labor market for that occupational category, the city shall continue to take good faith efforts to ensure equal employment opportunity and affirmative action employment for that protected group.

B. The council finds that there have been intensified efforts made under state (California Fair Employment and Housing Act) and federal (Civil Rights Act of 1964, as amended: Equal Employment Opportunity Act of 1972; Civil Rights Act of 1991; Executive Order 11246; Americans With Disabilities Act of 1990) laws to promote and realize equal employment opportunity in California and the United States. The city has participated and desired to continue to participate in this endeavor.

C. The council finds that despite its concerted efforts since the city's initial adoption of an affirmative action employment policy in 1973, there still exists within city government at the various levels of compensation and in the various occupational categories within various city departments a statistical under-representation of ethnic and racial minorities, fees, and other protected groups when compared with the racial, ethnic, gender, and other protected group composition of the relevant labor market for the appropriate occupational category, as established by the most recent decennial census.

D. Until there exists within city government at the various levels of compensation and in the various occupational categories within city departments a racial and ethnic minority, female, and other protected group work force which mirrors the composition of racial and ethnic minorities, females and other protected groups in the relevant labor market for the appropriate occupational category, as established by the most recent decennial census, the council declares that it is the goal of the city to make good faith efforts to hire and promote within city government at the various levels of compensation and in various occupation categories within the various departments such that the composition of racial and ethnic minorities, females and other protected groups in the city government work force will be consistent with the composition of racial and ethnic minorities, females and other protected groups in the relevant market for the appropriate occupation category as established by the most recent decennial census.

E. The council continues to declare its intention to accomplish these goals within the framework of the city Charter and of the civil service system, and in a manner permitted by law; the council recognizes, however, that these goals will only be achieved by a hiring and promotion policy aimed at racial and ethnic minorities, females, and other protected groups. The council continues to believe that these goals can achieved without compromising the high quality of service rendered by municipal employer to the citizens of city.

(Ord. 1257 N.C.(2d) § 1(part), 1993.)

The council formally adopts an equal opportunity and affirmative action employment policy for city employment and will promote and undertake activities as outlined in this chapter to implement goals set forth in Section 2.74.010 and to implement an equal opportunity and affirmative action employment policy for the city, its departments, divisions of departments; offices and agencies operating under the city Charter, to the end that employment with the city at the various levels of compensation and in the various occupational categories in the various departments will be consistent with the composition of racial and ethnic minorities; females, and other protected groups in the relevant labor market for the appropriate occupational category.

(Ord. 1257 N.C.(2d) § 1(part), 1993.)

As used in this chapter, the following definitions apply:

A. "Affirmative action employment policy" means a policy that shall have its goals: (1) the improvement of hiring and promotional policies so as to accomplish the goals of affirmative action; and (2) the elimination of artificial barriers to employment and promotion.

B. "City" means the city of Vallejo.

C. "City council" means the city council of the city of Vallejo.

D. "Civil service commission" means the civil commission of the city of Vallejo.

E. "Human relations commission" means the five community members of the community development commission appointed by the city council.

F. "Department head" means that person appointed to administer and direct the operations of a department, or a major division of a department, an office or an agency of the city, in the manner prescribed by the city Charter, or by ordinance adopted hereunder by the city council.

G. "Discrimination" means an act or acts, the effects of which are adverse to the employment opportunities of one or more individuals because of his or her national origin, sex, race, religion, color, disability, age (over forty) or other protect group status.

H. "Equal employment opportunity employment policy" means a system of employment practices under which individuals are not excluded from participation, advancement, benefits, or other personnel actions because of their national origin, race, ethnicity, color, sex, age (over forty), disability or other protected group status which cannot lawfully be the basis for employment actions.

I. "Equal employment opportunity and affirmative action program" means the written program by which the city sets forth goals, timetables and specific affirmative actions by which to eliminate and remedy past discrimination against or under-representation of protected groups.

J. "Goals and timetables" means numeric projections the city makes of the representation that racial and ethnic minorities, females, and other protected groups are likely, to achieve in positions in which they have been under-utilized if the employer applies good faith efforts to recruit and retain such protected groups.

K. "Good faith effort(s)" means an employer's broad and active efforts to assure that aspects of the employer's affirmative action program work together as a whole. The projected efforts are usually measured by goals and timetables.

L. "Occupational category" means a grouping or aggregate of job classifications for the purpose of analysis or official reporting.

M. "Protected groups" means any group of individuals which is protected from illegal discrimination by legal mandate. Protected groups include groups discriminated against because of race, sex, national origin, color, religion, disability and age (over forty).

N. "Racial and ethnic minorities" mean Black, Hispanic, Asian, Native American, Filipino and other groups identified in Title VII of the Civil Rights Act of 1964, as amended.

O. "Relevant labor market" means the labor market from which candidates or applicants who are qualified and available for employment are normally drawn for particular jobs or occupations, as defied by the United States Supreme Court (Wards Cove Packing Company v. Rank Antonio, 109 S.Ct. 2115, 1989; City of Richmond v. J.A. Croson Co., 109 S.Ct. 706, 1989; or other superseding case).

P. "'Under-utilization or under-representation" means having fewer racial and ethnic minorities, females, and other protected groups in a job or occupational category than would be expected by their availability in the relevant labor market.

(Ord. 1257 N.C.(2d) § 1(part), 1993.)

The city manager shall:

A. Be responsible for the development, administration and implementation of the equal employment opportunity and affirmative action employment policy as it relates to the employment, training and promotion of racial and ethnic minorities, females, and other protected groups;

B. Establish and intensify efforts to recruit, select; qualify and promote racial and ethnic minority, female and other protected group candidates for employment with the city in all classified and unclassified positions;

C. Establish, administer and provide policy direction for the equal employment opportunity and affirmative action employment policy, to the end that equal employment opportunity will truly exist in all departments, divisions of departments, offices and/or agencies of the city;

D. Establish programs of training to facilitate career advancement which may include, but not be limited to, apprenticeship and other entry level training programs;

E. Select and appoint an equal employment opportunity and affirmative action officer;

F. Ensure that each department head takes appropriate action to ensure promotion of the goals of the equal employment opportunity and affirmative action employment policy;

G. Submit an annual report to the city council citing progress towards achieving equal employment opportunity and affirmative action employment policy goals.

(Ord. 1257 N.C.(2d) § 1(part), 1993.)

Department heads shall:

A. Commit themselves to the principles and objectives of the affirmative action employment program;

B. Take full responsibility for the successful implementation of the equal employment opportunity and affirmative action employment policy within their respective dements, divisions, offices and agencies as directed by the city manager. This includes holding supervisors and employees accountable for promoting and ensuring equal employment opportunity and affirmative action employment in the work place;

C. Take full responsibility for cooperating with and providing assistance to the city manager, human relations commission, director of human resources, and equal employment opportunity and affirmative action opportunity officer in the implementation of the equal employment and affirmative action employment policies;

D. Attend training programs conducted by the director of human resources to ensure their awareness of concerns and problems related to equal employment opportunity and affirmative action employment.

(Ord. 1257 N.C.(2d) § l(part), 1993.)

The director of human resources shall:

A. Establish special recruitment programs targeted toward racial and ethnic minorities, females and other protected groups, with particular emphasis on those protected groups in particular occupational categories in the city work force which show statistical under-representation with the relevant labor market for that occupational category;

B. Develop communication channels with local and regional racial and ethnic minorities, women's groups and groups with qualified potential job applicants to ensure that information about employment opportunities with the city is widely disseminated;

C. Analyze the testing procedures and all other aspects of recruitment and the certification processes so that artificial barriers to employment and promotion are eliminated;

D. Assist the city manager in the development, administration and implementation of the equal employment opportunity and affirmative action employment policy;

E. Make a quarterly report to the human relations commission indicating the status and progress toward achieving the overall equal employment opportunity and affirmative action employment goals. These quarterly reports shall include, but not be limit to, the following:

1. Progress toward achieving hiring and promotional goals with comparisons to previous quarterly reports,

2. The number, by race or ethnicity, sex, and other protected group status of all persons hired or promoted, demoted, suspended or terminated and the reasons for any demotions, suspensions or terminations,

3. The number, by race or ethnicity, sex, and other protected group status of all persons interviewed or tested for employment and rejected and the reason for rejection. (This includes rejections as a result of polygraph tests and psychological evaluations),

4. A description of recruitment programs and actions undertaken to achieve the goals of the equal employment opportunity and affirmative action employment policy, such as outreach, etc., since the last report,

5. A breakdown of the number of employees in each department, by race or ethnicity, sex and other protected group status and their distribution among job classification and salary categories,

6. The number, by race or ethnicity, sex, other protected group status, and job category, of part-time positions held,

7. A summer of list of eligibles approved by the civil ice commission and the number of applicants on the list of eligibles by race, or ethnicity, sex, and other protected group status,

8. A list of open positions;

F. Hold regular training sessions for department heads and subordinate supervisors for the purpose of making them aware of concerns and problems relative to equal employment opportunity and affirmative action employment;

G. Design and implement an annual monitoring, evaluation and reporting system of all components of the equal employment opportunity and affirmative action employment policy which will measure the effectiveness of the policy and indicate the need for any remedial action.

(Ord. 1257 N.C.(2d) § 1(part), 1993.)

The equal employment opportunity and affirmative action officer shall:

A. Assist the city manager in the development, administration and implementation of the equal employment opportunity and affirmative action employment policy;

B. Assist the city manager by making known to the department heads and subordinate supervisors and to racial and ethnic minorities, and to females and other protected groups the goals of the equal employment opportunity and affirmative action employment policy, and the interpretation of policies and procedures thereunder,

C. Provide counseling and encouragement primarily to racial and ethnic minority, female, and other protected group employees concerning opportunities for promotion and employment within the city service;

D. Improve the understanding of racial and ethnic minority and other protected group cultures; and create a positive atmosphere toward the employment of these groups among department heads, subordinate supervisors and employees by conducting special training and orientation sessions which emphasize the importance and high priority of the equal employment opportunity and affirmative action employment policy;

E. Establish, when necessary to successfully implement the equal employment opportunity and affirmative action employment policy, a counseling program designed specifically for applicants or potential applicants who are racial and ethnic minorities, females and/or other protected groups;

F. Under direction of the city manager, utilize available local and other funds for the establishment of training and promotional programs for racial and ethnic minority, female and protected group employees;

G. Conduct exit interviews of discharged, laid-off and terminated city employees for the purpose of evaluating how the employees perceived the operation of their department or division and their relationship with supervisors and peer employees;

H. Where appropriate, attempt to reconcile deficiencies or differences related to equal employment opportunity and affirmative action employment that exist between department heads, their subordinate supervisors, and employees who have been hired as a result of efforts made under the equal employment opportunity and affirmative action employment policy;

I. In conjunction with the director of human resources, review with the human relations commission the achievements of the policy on a quarterly basis;

J. Aid and actively participate in special recruitment programs targeted toward racial and ethnic minorities, females and other protected groups as listed below, but not limited to:

1. Participation in an on-site college recruitment program where targeted groups can be found,

2. Participation in job fairs where the targeted group can be found,

3. Outreach recruitment liaison with community group organizations, with an emphasis on organizations which have access to qualified minority, female and other protect group job applicants;

K. Have full access to all departmental policies and procedures, rules and regulations, personnel files, documents, background investigation reports, and any other documents or information relating to the employment, training, promotion, transfer, termination or discipline of personnel in the city.

L. Keep city management, department heads, managers and supervisors informed of developments in the area of equal employment opportunity and affirmative action employment;

M. Ensure that equal employment opportunity and affirmative action employment posters and policy are properly displayed and disseminated.

(Ord. 1257 N.C.(2d) § 1 (part), 1993.)

The human relations commission of the city shall:

A. Assist in monitoring the progress of the equal employment opportunity and affirmative action employment policy goals;

B. Review and evaluate all equal employment opportunity and affirmative action employment programs and policies of the city, and making recommendations for strengthening such programs and policies where necessary;

C. Make recommendations to the civil service commission to improve the equal opportunity and affirmative action employment policy where appropriate, and act as an advocate of the policy;

D. Be advisory to the civil service commission, the city council and the city manager.

(Ord. 1257 N.C.(2d) § 1(part), 1993.)

Employment practices in support of the goals of the equal employment opportunity and affirmative action employment policy shall include, but not limited to, the following:

A. Classification specifications and examination plans of the city shall be developed to eliminate unnecessary qualifications and requirements.

B. Background investigations or reference checks of applicants for employment with the city shall be made by the director of human resources or his/her designated representative.

C. Every effort will be made to assure that the qualification appraisal panels, used to develop list of eligibles, shall contain at least one racial or ethnic minority, female or other protected group and persons who have knowledge or previous work experience in the job for which applicants are being examined. Each appraisal panel shall be carefully counseled by the director of human resources or his/her designated representative, who shall ensure that no questions are asked which are in violation of any of the provisions of this policy or applicable state or federal law pertaining to equal employment opportunity.

D. The civil service commission shall adopt consistent rules and regulations for recruitment, hiring and promotion within city employment to implement the equal employment opportunity and affirmative action employment policy, and to bring the city's employment practices into compliance with applicable state and federal laws on the subject.

(Ord. 1257 N.C.(2d) § 1(part), 1993.)

Career ladders shall be established which will provide encouragement for employees to take advantage of promotional opportunities within city employment structure. In furtherance of this objective:

A. Counseling concerning promotional opportunities shall be the duty of the equal employment opportunity and affirmative action officer as well as the department heads and their supervisors.

B. Training shall be made available where possible and shall include vocational testing and evaluation.

C. Each department head, supervisor in a department, and the equal employment opportunity and affirmative action officer shall encourage employees to prepare for promotional opportunities and apply for positions as they become available.

(Ord. 1257 N.C.(2d) § 1(part), 1993.)

Timetables for implementation and the achievement of the goals of the equal employment opportunity and affirmative action employment policy shall set for racial and ethnic minorities, females, and other protected groups in each occupational category who are shown to be statistically under-represented as compared to the relevant labor market for that occupational category. Timetable for achievement of these goals shall be based on estimates of turnover and anticipated vacancies for each occupational category and shall be reviewed by the city council and used annually.

(Ord. 1257 N.C.(2d) § 1(part), 1993.)