HomeMy WebLinkAboutRes 0365 - Affirmative Action Program for Equal Employment Opportunity Practices (Repealed by Res 1005)
RESOLUTION NO 365
A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON,
ESTABLISHING AN AFFIRMATIVE ACTION PROGRAM
REGARDING EQUAL OPPORTUNITY EMPLOYMENT PRACTICES
OF THE CITY OF TUKWILA.
WIIEREAS, It is the policy of the City of Tukwila to
promote and afford equal treatment and services to all citizens
and assure equal employment opportunity based on ability and
fitness to all persons regardless of race, creed, color, nat-
ional origin, sex, physical handicap or age, and
WHEREAS, In recognition of its obligation to provide
community leadership to overcome past circumstances which have
either barred, not encouraged, or discouraged representative
minority and female employment and in recognition of the need to
initiate a program of affirmative action designed to assure that
the spirit and intent of this policy is realized,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RESOLVE AS FOLLOWS:
Section :L. The term "minority" as used herein shall in-
clude, but not be :Limited to, those identified as Blacks, Spanish
Americans, Asians and American Indians. The spirit of the Equal
Opportunity Policy includes such persons as the physically handi-
capped and those over the age of forty -five years, though the
emphasis is upon minorities and females.
The purposes of the Affirmative Action Program are to:
a) establish employment practices which will lead to and maintain
a minority composition of employees of the City of Tukwila re-
flecting that of the community; b) achieve and maintain full and
equitable utilization of minority, handicapped and female em-
ployees at all position levels; c) promote an atmosphere of
fair treatment and non discrimination within City government; d)
provide compliance with State and Federal equal opportunity re-
quirements and regulations.
This policy shall be made known to all employees, con-
tractors, subcontractors and suppliers through distribution of
handbooks, bulletins, letters and personal contacts, conferences
and orientation sessions. Signed acknowledgements pledging
cooperation shall be required of all department heads and super-
visory personnel in the City of Tukwila and, where appropriate,
of all contracinrs, subcontractors and suppliers engaged in
City administered projects. Such contractors, subcontractors
and suppliers to whom this policy shall apply shall include
those with an average employment level of twenty -five or more
and /or those who annually do business with the City of Tukwila
in an amount exceeding $10,000.00.
Section 2. Program Responsibility. To assure that
the Equal Opportunity Policy and the provisions of the Affirma-
tive Action Program are carried out, an Equal Opportunity Officer
shall be appointed or designated by the Mayor. The Officer
shall be the focal point for the City's equal opportunity efforts
and shall advise and assist staff and management personnel in all
matters regarding implementation of and compliance with the
Affirmative Action Plan, and be responsible for the successful
execution of the program, utilizing the assistance of appropriate
state and community agencies and maintaining close liaison with
the Mayor and City Council on the progress of the program. The
Equal Opportunity Officer will have responsibility to:
a) Initiate, coordinate and evaluate the City's
plans and programs which are designed to ensure
that all current and prospective employees re-
ceive the benefits of equal employment oppor-
tunities;
b) Evaluate the Equal Employment Opportunity plans
and programs of the City to ensure compliance with
the Affirmative Action Policy;
c) Coordinate the attention given to Equal Employ-
ment Opportunity throughout the City;
d) Periodically audit the practices of the City
and recommend improvements in the Affirmative
Action Policy to the Mayor's office;
e) Insure that all members of management within
the City are fully aware of and in compliance with
the intent of the Affirmative Action Policy per-
taining to equal employment opportunity;
f) Provide continuing communication of the
Affirmative Action Policy to management, employees,
applicants for employment and outside organizations
performing services for the City.
Section 3. Employment Practices. The City of Tukwila
shall undertake the following actions to assure equal employment
opportunities and to achieve appropriate representation in the
City's work force:,
a) Review all position qualifications and job
descriptions to insure requirements are relevant
to the tasks to be performed. Revise as necessary
by deleting requirements not reasonably related
to the tasks to be performed, to facilitate hiring
of minorities and women who otherwise might not
be considered.
b) Assure that pay and fringe benefits depend upon
job responsibility and, along with overtime work,
are administered on a non discriminatory basis.
c) Inform and provide guidance to staff and
management personnel who make hiring decisions,
so that all applications, including those of
minorities and women, are considered without
discrimination, and all applicants be given equal
opportunity regardless of race, creed, color,
national origin, sex, physical handicap or age.
Primary consideration shall be given minorities,
women and other definable groups at any time the
City's work force does not fairly reflect the
membership of these groups residing within the
Tukwila employment area.
d) Provide orientation for all new employees
specifically emphasizing how the City of Tukwila
assures equal opportunity and the significance of
the Affirmative Action Program. Encourage all
employees, specifically minorities, to avail them-
selves of services rendered.
e) Provide periodic training for managers and
supervisors in equal opportunity objectives,
making use of such programs as currently offered
by the ]Intergovernmental Personnel Program Division
of the U. S. Civil Service Commission and other
agencies.
f):Accomplish recruiting in such a manner as to
inform the greatest number possible of minorities
and women in the Tukwila area of employment oppor-
tunities and to make known that such applicants
are sought. With regard to minorities, a descrip-
tion of each position shall be:
1. Advertised in Tukwila area Public News media;
2. Circulated to current staff and present
employees shall be encouraged to refer
minority applicants;
3. Forwarded to schools in the Tukwila area
with minority students.
4. Distributed to minority and human relations
organizations in the Tukwila area requesting
referral of qualified minority applicants.
An up -to -date listing of these organizations
and their spokesmen shall be maintained by
the E.E.O. Officer. These organizations
would be identified as, but not limited to,
the Urban League, Equal Opportunity Center,
Neida, Kinetachopi, Etc. All employment
notifications to include the "Equal Opportunity
Employer" statement and date of publication,
and shall be published at least five days
prior to cut -off date for receiving applica-
tions.
g) Programs such as apprentice, summer and part -time
trainees, intern and other supplementary hiring
programs, shall be considered in the same manner
as full- -time City positions and be subject to the
provisions of the Affirmative Action Program.
Section 4. Employee Development. The hiring of minori-
ties and women on a fair and equitable basis is only the first step
in according equal employment opportunity. Skill development,
promotions and equal non discriminatory on- the -job treatment are
of equal importance to both the individual and to the City. The
following actions shall be undertaken to achieve employee job
satisfaction and fair treatment and to more successfully utilize
women and minority persons in the work force:
a) Assure that there shall be no discrimination
for reason of race, color, creed, sex, age or
physical handicaps with regard to upgrading, promo-
tions, transfer and demotion, layoff and termina-
tion of employees. Any action which might adversely
affect minorities or women will he brought to the
attention of the Equal Opportunity Officer. Em-
ployee grievances arising from such action shall
receive immediate attention in accordance with
Section 6.
b) Develop a skill inventory for employees which
can he used to identify supervisory and managerial
position. potential. This shall be accomplished by:
1. Obtaining from employees written state-
ments as to their desires, skills and interest
in higher paid positions.
2. Periodic review and analysis of employee
development progress and readiness to assume
higher positions.
3. Identifying specific positions for which
employees qualify and assuring that requests
for interdepartmental transfers and promotions
are considered without discrimination.
c) Actively encourage employees to increase their skills
and job potential through training and educational opportunities.
Offer guidance and counseling in developing programs tailored to
individual aptitudes and desires, taking full advantage of pro-
grams offered by the State Department of Employment Security and
Manpower Development programs.
Section 5. Liaison and Coordination. There exist many
organizations vitally concerned with equal opportunity and fair
treatment for minorities, women, the physically handicapped and
those over the age of forty -five years whose resources can be of
valuable assistance in achieving the goals of this program. The
City of Tukwila through its Equal Opportunity Officer shall main-
tain constant contact with and coordinate various aspects of the
Affirmative Action Program with such organizations. In addition
to those already identified with respect to recruiting, hiring
and employee development, working relationships shall be main-
tained with the various civic, labor and minority organizations
in the greater Tukwila area.
The City also recognizes its responsibilities to comply
with and assure that equal opportunity and non discrimination
policies of State or Federal agencies with which it conducts
business are carried out. Specifically, the City of Tukwila:
shall:
a) Be responsible for reporting to the appropriate
agencies any complaints received from any employee
of, or an applicant for employment with any City
of Tukwila contractor or subcontractor, subject to
Executive Order 11246.
b) Cooperate in special compliance reviews or in
investigations as requested.
c) Carry out sanctions against contractor(s) or
subcontractor(s) as required.
d) Assure itself and the agency as part of the
grant application process, that the general or
prime contractors will not have submitted pre-
packaged bids that deny open bidding to minority
or any other subcontractors.
e) Furnish information as required, maintaining
an affirmative action file detailing its efforts,
with dates, to meet its commitments under
Executive Order 11246.
All data and documentation generated as a result of
this Affirmative Action Program shall be made available to
any Federal or State agency for its review upon request.
Section 6. Grievance Procedures. Inasmuch as the
success of the Affirmative Action Program depends largely upon
the attitude of the community as well as of the employees,
opinion as to what constitutes fair and equal opportunity and
treatment may vary widely and grievances may result. The
following steps shall be taken immediately for any grievance
arising from the implementation of this program so as to main-
tain the best possible employee supervisor and city- community
relationships:
a) The employee shall bring her /his grievance
to the attention of her /his immediate supervisor
or department head, who will investigate as
necessary to determine the cause of the complaint
and work with the employee to effect an equitable
solution. Every effort shall be made to resolve
the difficulty at this level.
b) At the option of either party, the services
of the Equal Opportunity Officer may be requested.
The Equal Opportunity Officer shall interview both
parties, conduct additional investigation as nec-
essary, and recommend appropriate corrective action
and settlement conditions.
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c) In the event mutual agreement cannot be
achieved and binding resolution is required by
the City administration, signed statements de-
tailing the grievance and specific investiga-
tive action shall be obtained by the Equal
Opportunity Officer from the employee and her/
his supervisor. The Officer may draw upon all
resources at his disposal both internally and
those external to the City to arrive at recom-
mended corrective action and settlement condi-
tions. The Equal Opportunity Officer shall
forward these statements along with his own
investigation report and recommendations to
the Mayor's office for resolution.
d) The Mayor may elect as deemed necessary and
as circumstances dictate to refer the grievance
to a special arbitration committee. Such com-
mittee shall be selected from among City em-
ployees and shall consist of an equal number
of management and staff personnel. The Equal
Opportunity Officer and those directly involved
in the grievance shall not be voting members of
this committee. Proceedings of the Committee
shall be documented and its decision shall be
final and binding, subject to review only by
the State IIuman Rights Commission or through
the judicial system. All reports, decisions
and other documentation generated by the griev-
ance procedure shall be maintained by the Equal
Opportunity Officer as a matter of permanent
record.
Section 7. Timetables. Specific programs which the
City of Tukwila proposes to facilitate the achievement of
these goals within sixty days after approval hereof, are set
forth in Attachment A, parts I, II and III, incorporated herein
by reference. These programs shall also be established by the
Equal Opportunity Officer.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, and approved by the Mayor at a regular meeting
thereof this 20th day of August, 1973.
Frank Todd Mayor
Shirlee Kinney City Clerk
ATTACHMENT A
PART I
Goals and Timetables
The City of Tukwila, under the established Affirmative
Action Program, has set forth a goal of 3.0% minority employment
over a timetable span of August 1, 1973, through December 31,
1974; 1975 3.5 1976 4.0 The 3.0% minority employment is
based upon an average permanent payroll of approximately 70
employees. This percentage will be re- evaluated in July of
each year.
The percentage goal is accomplished in the following
manner: The residency of all permanent City employees is
plotted on a regional map. The area containing 80% permanent
force is analyzed using existing census and South Central
School District data to determine the number and categories of
minorities living in this area.
Initially all the minority population was determined
at 3.0 This percentage is then applied to the City permanent
work force and goals for future minority employment are set
accordingly. Additionally, a comparative study is made with
other municipalities within the Greater Puget Sound area to
establish validity of an equitable percentage goal. In the
event the City minority work force is less than the area per-
centage, a one -year period is established as the time in which
the City will correct the deficiency utilizing measures de-
scribed in the City's Affirmative Action Program.
PART II
Advertising
The City of Tukwila has a policy that it will make the
necessary notification regarding position openings on the per-
manent staff through public advertisement for two weeks prior to
interview closure,. Open positions are also registered with the
Washington State Employment Security, University of Washington,
Seattle University, King County Public Employment Program, City
of Seattle Personnel Office, King County Personnel Office and
other municipalities which are appropriate. All advertisements
contain the words:: "The City of Tukwila is an Equal Opportunity
Employer" and indicate that minority applicants are sought. In
addition the following agencies which serve a high concentration
of minorities are notified of position openings: Asian Employment,
Indian Affairs, PRATT Center, S.O.I.C., Veterans' Administration,
The Facts and Active Mexicanos' Development Center. The City
employment application form has also been revised to reflect the
equal opportunity employment sentiment.
All those in a position to hire, fire or transfer City
employees have been instructed to use nondiscrimination in their
judgment of personnel.
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All decisions relating to management employee rela-
tionships will be reviewed by the City's Employment Opportunity
Officer for possible abuse of the City's Fair Practices Policy
and Affirmative Action Program.
Job descriptions within the City have been re- evaluated
to insure that qualifications are realistic and that position
criteria reflect skill levels and physical capabilities required
for performance of tasks and are not a reflection of the prevail-
ing labor market. Positions for which physically handicapped
persons are suited are so identified and priority consideration
will be given to those individuals.
PART III
Contractors and Suppliers
The City's Affirmative Action Program extends to all
those doing business with the City regardless of source of funds.
Each supplier or contractor having 25 or more employees and /or
contract in excess of $10,000 is required to
1) Become familiar with the City's Affirmative Action
Program.
2) Certify that they have their own Affirmative Action
Program.
3) Provide a record of intent to comply by completing
the affidavit.
The affidavit and a copy of the firm's Affirmative Action
Program may be provided once each year or with a specific contract.
A record is kept of each firm's response, and present and past
performance. An investigation into the past performance is also
made at the initial submittance. City records are annually re-
viewed. Firms guilty of non compliance are removed from the
eligibility list, notified of this action and the cause of de-
ficiency, and reinstated when satisfactorily demonstrating to
the Equal Opportunity Officer that deficiencies have been corrected.
Compliance is determined by a check of previous perform-
ance and on-the-job inspection during the current contract.
As part of the requirement that federally funded contracts
for more than $10,000 are subject to the Executive Order 11246 of
September 24, 1965, as amended by Executive Order 11375 of October 13,
1968, the City of Tukwila shall include in its contracts with
general and subcontractors the following provisions:
"1) The contractor will not discriminate against any
employee and /or applicant for employment because of
race, color, religion, sex or national origin. The
contractor will take affirmative action to insure
that applicants are employed, and that employees are
treated during employment, without regard to their
race, color, religion, sex or national origin. Such
action shall include, but not be limited to, the
following: employment upgrading, demotion or trans-
fer; recruitment or advertising; layoff or termina-
tion; rates of pay or other forms of compensation;
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selection for training, including apprenticeship.
The contractor agrees to post in conspicuous
places, available to employees and applicants
for employment, notices to be provided by the
local public agency setting forth the provisions
of this non discrimination clause.
"2) The contractor will, in all solicitations
or advertisements for employees placed by or
on behalf of the contractor, state that all
qualified applicants will receive consideration
for employment without regard to race, color,
religion, sex or national origin.
"3) The contractor will send to each labor
union or representative of workers with which he
has a collective bargaining agreement or other
contract: or understanding, a notice to be pro-
vided by the agency contracting officer, ad-
vising the labor union or workers' representa-
tive of the contractor's commitments under
Section 202 of Executive Order No. 11246 of
September 24, 1965 (as amended), and shall post
copies of the notice in conspicuous places
available to employees and applicants for em-
ployment.
"4) The contractor will comply with all pro-
visions of Executive Order No. 11246 of
September 24, 1965 (as amended) and of the
rules, regulations and relevant orders of the
Secretary of Labor and the Secretary of Housing
and Urban Development.
"5) The contractor will furnish all information
and reports required by Executive Order No. 11246
of September 24, 1965 (as amended) and by the
rules, regulations and orders of the Secretary
of Labor and the Secretary of Housing and Urban
Development pursuant thereto, and will permit
access to his books, records and accounts by the
local public agency, the Secretary of Labor or
the Secretary of Housing and Urban Development
for purposes of investigation to ascertain com-
pliance with such rules, regulations and orders.
"6) In the event of the contractor's non--
compliance with the non- discrimination clauses
of this contract or with any of such rules,
regulations or orders, this contract may be
cancelled, terminated or suspended in whole or
in part and the contractor may be declared
ineligible for further government contracts in
accordance with procedures authorized in Execu-
tive Order No. 11246 of September 24, 1965
(as amended,) or by rule, regulation or order
of the Secretary of Labor, the Secretary of
Housing and Urban Development, the local public
agency, or as otherwise provided by law.
"7) The contractor will include the provisions
of paragraphs 1) through 7) hereof in every sub-
contract or purchase order unless exempted by
rules, regulations or orders of the Secretary of
Labor or the Secretary of Housing and Urban De-
velopment pursuant to Section 294 of Executive
Order No. 11246 of September 24, 1965 (as
amended), so that such provisions will be binding
upon each subcontractor or vendor. The con-
tractor will take such action with respect to
any subcontract or purchase order as the local
public agency of the Department of Housing and
Urban Development may direct as a means of en-
forcing such provisions, including sanctions
for non compliance; provided, however, that in
the event the contractor becomes involved in,
or is threatened by, litigation with a subcont-
ractor or vendor as a result of such direction
by the local public agency, or the Department
of. Housing and Urban Development, the contractor
may request the United States to enter into such
litigation to protect its interests.
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