[HISTORY: Adopted by the City Council of the City of Pleasantville
6-7-1982 by Ord. No. 11-1982 as Ch. 5 of the 1982 Code. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Affirmative Action Program.
An employee's or applicant's dissatisfaction with any request for
redress from an act or failure to act on the part of management which has
affected an individual personally and adversely; a charge of general discriminatory
practices filed by an organization.
Acting or failing to act or unduly delaying any action regarding
any employee or applicant for employment because of race, color, religion,
sex, national or ethnic origin, age, physical disability or membership in
lawful organizations, in such a way that a person is adversely affected in
the area of employment with the city government, except where the person's
membership in one of these classes is a bona fide obstacle to job performance.
Equal employment opportunity.
A broad-based group of city employees and municipal and public representatives
to advise the EEO Officer and render decisions in formal EEO complaint cases.
The officer who is designated EEO Officer and is responsible for
directing all EEO and affirmative action programs for the city government.
Whenever AAO (Affirmative Action Officer) is used herein, it shall mean and
refer to the Equal Employment Officer (EEO).
Specifies the cultural, regional or ethnic minority as defined by
the Appalachian Commission.
FORMALAny inquiry, forum, investigation or meeting held by the EEO Committee at which compulsory adopted processes are invoked and record is prepared for the purpose of the EEO Committee's final decision.
INFORMALAny inquiry, forum, investigation or meeting conducted by the EEO Officer at which compulsory processes are not invoked and a record is not prepared for the purpose of providing the basis of the EEO Officer's final decision.
Any member of an affected class by virtue of past discrimination.
The term "minority" is, therefore, meant to include those who have been subject
to discrimination on the basis of race, color, religion, sex, national or
ethnic origin, age, physical disability or membership in lawful organizations.
(All persons shall be entitled to redress and relief of grievances in instances
of discrimination, even if such discrimination is not specifically enumerated
above.)
The provision of opportunities for upward and lateral movement to
comparable or higher classifications. It signifies a commitment to better
utilize employee talents and encompasses such factors as status, salary and
responsibility.
The outward appearance of any person, irrespective of sex, with regard
to hair style, beards or manner of dress. It shall not relate, however, to
the requirement of cleanliness, uniforms and safety consciousness.
The City of Pleasantville does hereby reaffirm its policy to ensure
equal opportunity in employment for all persons and to prohibit discrimination
in employment because of color, race, religion, sex and national origin and
to promote the full realization of equal employment opportunity through a
continuing policy of equal opportunity employment practices in each department
of the city and to be an integral part of every aspect of personnel policy
and practice in the recruitment, employment, advancement and treatment of
employees and prospective employees of the City of Pleasantville to the maximum
extent possible, in keeping with the predetermination settlement.
The goals of the Affirmative Action Program are to ultimately establish
and maintain an integrated and balanced work force throughout the city to
meet effectively the needs of the citizens of Pleasantville.
A.Â
The objectives of the Affirmative Action Program are
as follows:
(1)Â
To establish responsibility for and provide guidelines
for implementation and conduct of the City of Pleasantville's Affirmative
Action Program (AAP).
(2)Â
To establish realistic program goals and a career development
program and to develop and maintain a vigorous recruitment program for the
Affirmative Action Program (AAP).
(3)Â
To obtain statistical information from city departments
to evaluate and analyze their needs.
(4)Â
To evaluate personnel practices and selection processes
that are discriminatory or place artificial barriers to the employment of
minorities and women. Evaluations of all personnel procedures will include
and emphasize the critical and unique employment problems faced by minorities
and women.
(5)Â
To implement and maintain an informational program for
city employees and the general public on the city's Affirmative Action Program
(AAP).
B.Â
The long-range goal of the City of Pleasantville is to
achieve equitable representation of minorities and women at all job levels
of city employment and in specific occupational areas that will be consistent
with both population parity and/or available work force.
A.Â
The City Administrator shall be responsible for the administration
of the city's Affirmative Action Program (AAP).
(1)Â
The Equal Employment Opportunity/Affirmative Action Officer
Specialist shall be recommended by a five-person committee consisting of two
persons designated by the President of City Council, the President of the
Mainland NAACP or his or her designated representative, the President of the
Concerned Parents of Pleasantville[1] or his or her designated representative and a fifth party designated
by a state or federal agency with responsibilities in the area of community
relations or equal employment opportunity. The recommendation of the committee
shall be subject to the approval of Council.
(a)Â
The Equal Employment Opportunity/Affirmative Action Officer
Specialist shall be selected on the basis of his/her knowledge, experience
and abilities in the area of equal employment opportunity.
(b)Â
The Equal Employment Opportunity/Affirmative Action Officer
Specialist shall serve at the pleasure of Council and receive such salary
and compensation as the Council shall from time to time prescribe, which salary
shall be payable from and out of federal funding applicable thereto.
(c)Â
The EEO/AAO Specialist shall perform such other duties
as the Council shall direct and as are needed and required in the City Clerk's
office.
(d)Â
If the EEO/AAO Specialist should feel that such added duties and responsibilities hamper his/her ability to properly carry out and perform his/her primary responsibilities as EEO/AAO Specialist, he/she may appeal the order of Council to the EEOA Committee as stated in § 8-5C of this chapter.
(e)Â
Prior to the dismissal of the EEO/AAO Specialist, he/she
shall be entitled to a public hearing and a statement for the reason of his
dismissal.
(2)Â
The City Administrator will assure that department heads
comply with the goals and objectives of the AAP.
(3)Â
The City Administrator will solicit support of the various
employee organizations and associations for the AAP.
(4)Â
The City Administrator will submit an annual report to
the Council on the status of the AAP.
(5)Â
The City Administrator shall, within budgetary limitations,
provide necessary administrative support for the AAO to effectively carry
out the AAP, which support shall include assistance in recruitment programs,
selection procedures, job classification and restructuring, test validations,
coordinating the development of cultural awareness training programs and the
development of a reporting system to determine the results of actions on applications
from minorities and women in the selection process.
B.Â
The Affirmative Action Officer shall be responsible for
the implementation of the AAP and shall serve as the advisor to the City Administrator
in planning and carrying out the plan for the city, as officially adopted
by the City Council.
(1)Â
He shall maintain statistics on the equal employment
opportunity effort of the city and establish a periodic reporting system to
measure the implementation and progress of the AAP.
(2)Â
He shall preview for the City Administrator the city's
personnel management practices at regular intervals to ensure their conformity
with national, state and local EEO laws and policies.
(3)Â
He shall review and evaluate municipal direction and
supervisory performance with respect to the position, application and vigorous
enforcement of the policy of EEO.
(4)Â
He shall develop and monitor the upward and lateral mobility
program for city employees.
(5)Â
He shall coordinate and approve all training relative
to the AAP.
(6)Â
He shall serve as advisor to the Equal Employment Opportunity
Advisory Committee and attend their meetings.
(7)Â
He shall establish contact with community groups, organizations
and individuals for involvement in programs of EEO.
(8)Â
He shall assist city and department heads in establishing
realistic goals and guidelines essential to attainment of the objectives of
the city AAP.
(9)Â
He shall confer with department heads to determine basis
for underutilization of women and minorities and, if such exists, request
and recommend corrective action.
(10)Â
He shall review recruitment, selection, testing and promotional
practices and identify actions needed to eliminate discrimination and artificial
barriers.
(11)Â
He shall conduct recruitment efforts in schools both
at the academic and vocational levels.
(12)Â
He shall evaluate the effectiveness of departmental affirmative
action efforts periodically and make quarterly written reports to the City
Administrator and to City Council.
(13)Â
He shall continuously inform all agencies who refer applicants
to the city service that the city is an equal opportunity employer and that
their referrals must not demonstrate bias.
(14)Â
He shall develop a referral system whereby minority applicants
unable to obtain employment with the city may be directed to other specific
agencies where suitable vacancies may exist.
(15)Â
He shall prepare a brochure for external distribution
which highlights the key features of the AAP. When representation of employees
is featured on brochures or similar publications, they shall include both
minority and nonminority men and women.
(16)Â
The EEO Officer shall have the full resources of the
City Administrator's office available to him in the fulfillment of his mission.
(17)Â
He shall monitor the progress and effectiveness of the
AAP, using collected data to make periodic corrections of errant trends.
C.Â
There shall be an Equal Employment Opportunity Advisory
(EEOA) Committee, being a broad-based group of city employees and municipal
and public representatives, to serve as advisory body to the Equal Employment
Opportunity Officer and the City Administrator, and it shall exercise such
other powers as delegated by the City Council.
(1)Â
The EEOA Committee's objective is to facilitate equal
opportunity for all employees in the city government. In actual function,
the Committee will seek to develop active steps to improve opportunities for
all minority groups. To carry out the work of the Committee efficiently, at
least the following four subcommittees, and any other subcommittee deemed
necessary, shall be established:
(2)Â
The members of the EEOA Committee shall be nominated
by the City Administrator and approved by City Council and shall serve during
the pleasure of City Council and shall consist of:
(a)Â
The Chairman of the Atlantic County Human Relations Commission
or his/her designee.
(b)Â
Two members representing the minority work force, and
two members representing the nonminority work force.
(c)Â
The EEO Officer (Chairman).
(d)Â
One representative of the City Solicitor's office.
(e)Â
Three representatives of line management.
(f)Â
Three members of the minority general public.
(3)Â
As minimum steps in the discharge of its responsibilities,
the EEOA Committee will:
(a)Â
Ensure that the AAP is distributed to all current and
future city employees.
(b)Â
Ensure that EEO related information is published in each
issue of the employee bulletin, if any.
(c)Â
Identify and publicize opportunities for city employees
to be involved in EEO activities.
(d)Â
Conduct regular review of the AAP (quarter-yearly) to
improve its effectiveness.
(e)Â
Hold open committee meetings at least once a month.
(f)Â
Recommend appropriate action to the EEO Officer to meet
problems associated with supervisory and management practices found to be
in need of improvements.
(g)Â
Participate in the evaluation of the AAP and all aspects
of the EEO Program.
(h)Â
Advise on other special EEO programs.
(i)Â
Recommend methods by which the city could take a more
specific and innovative approach to the employment, promotion, training and
utilization of minorities and women.
(j)Â
Develop and certify all necessary procedures for conducting
a hearing.
(4)Â
The EEOA Committee shall render an advisory opinion to
the City Administrator as to corrective action to be taken to remedy a formal
complaint of alleged discrimination. This exercise of administrative prerogative
in no way precludes parties from pursuing relief from state or federal agencies
or commissions, nor shall any action taken by the EEO Committee have any binding
effect upon said state or federal agencies or commissions, except to the extent
that said agencies or commissions choose to adopt such actions.
(5)Â
The City Administrator shall determine the operating
guidelines for the EEOA Committee, subject to the approval of Council.
(6)Â
The EEO Committee shall as, Phase 1 of the City of Pleasantville
AAP, collect and analyze raw statistics on the status of minority employment
in city government, it being essential that this survey be taken so that an
accurate, up-to-date data base is established for future evaluation purposes.
Such statistical survey/analysis will also highlight those agencies of government
most in need of assistance in eradicating employment imbalances. The City
Administrator and the City Solicitor shall provide the format for making the
statistical employment survey, in accordance with the federal and state requirements.
(7)Â
The City Administrator and the Affirmative Action Officer
shall assure that all contractors, subcontractors and suppliers of goods and
services to the city certify that they are equal opportunity employers of
minorities and females and meet all state and federal laws, regulations and
guidelines.
A.Â
Department affirmative action will identify obstacles
which have barred members of minority and women's groups from employment or
advancement at the departmental level and will include both yearly and long-range
goals and timetables for achieving appropriate representation of women and
minorities within their department.
B.Â
Departmental goals should be significant, measurable
and attainable and be designated to correct identifiable deficiencies.
(1)Â
Goals should provide for specific planned results with
timetables for completion.
(2)Â
Goals should take into consideration plans for expansion
and turnover of the work force with the presumption that qualified or qualifiable
minorities and women are in the area work force.
(3)Â
Goals should reflect desired levels of achievement based
upon an analysis to resolve imbalances in its work force.
(4)Â
Goals should be coupled with adoption of genuine and
effective internal techniques and procedures to locate qualified members of
women and minorities.
C.Â
Department plans should be submitted within 90 days after
the adoption of the city's Affirmative Action Plan.
(1)Â
The city's AAP is predicated on a five-year goal. After
determining employee turnover for the past five years, all departments shall
make a projection of their anticipated hiring activity for the next five years.
If a department hired 10 people in the category of craftsmen since June 1,
1972, then that department shall anticipate that it will hire 10 craftsmen
in the next five years. It is realized that precisely the numbers projected
may not be hired; however, this kind of projection is necessary in order to
determine an appropriate hiring goal for minority employees in each job category.
(2)Â
Once a projection of overall hiring activity has been
made, each department shall then establish goals for the number of minority
and women employees it intends to add to its work force in each category where
there is presently an underutilization. To be acceptable, goals shall be based
on the number of hires anticipated in each job category, and in departments
where it is found that the existing percentage of minority and women employees
is below the level consistent with parity on the basis of population and/or
available work force, the sum total of all future hiring shall never include
a number of minority and/or women employees that is less than 50% of the total
future hiring until the goal is achieved.
A.Â
Establishment of an aggressive recruitment program to
attract minorities and women is primarily the responsibility of the City Administrator.
The City Affirmative Action Officer and departments will support this effort
as it relates to their individual needs.
B.Â
Methods utilized in carrying out recruiting efforts shall
be expanded to include but not be limited to the following:
(1)Â
Dissemination of notices of city job openings to minority
group organizations serving the minority community.
(2)Â
Maintaining of a mailing list with minority organizations,
women's groups, governmental agencies, educational institutions and other
related agencies that direct themselves to the employment of minorities and
women.
(3)Â
Developing and maintaining a list of prominent locations
in the minority community for the posting of job announcements.
(4)Â
Establishing cooperative working relationships with Manpower
programs operating within the community.
(5)Â
Establishing communication and cooperative working relationships
between the AAO and leaders of women's and minority organizations in the community.
(6)Â
Soliciting and obtaining recruiting assistance from women's
and minority organizations in the community.
(7)Â
Establishing and maintaining continuing recruitment programs
with high schools and colleges and vocational and technical schools that have
a substantial number of minority and female students.
(8)Â
Utilizing radio and television public service time as
a form of communications in areas where there are large minority audiences.
A.Â
Preemployment written and performance tests, when utilized,
will be reviewed to assure that they are job-related and culturally unbiased.
B.Â
Employment standards. All hiring standards used in the
selection process, such as height, weight, education levels, previous work
experience or other standards will be realistically related to job requirements
and will be reduced to writing. City employment standards shall not be higher
than needed to perform the duties and responsibilities of the job to be performed.
C.Â
Consideration will be given to use of innovative selection
procedures for such positions as require work-related special skills and ability.
D.Â
Employees will be encouraged to participate in developmental
programs sponsored by the city or other governmental or community agencies
to qualify for upward job mobility.
A.Â
The city shall develop training programs and support
career education programs which provide academic and job skills to their permanent
employees. This training will include upward job mobility from the entry level
to the paraprofessional positions.
B.Â
Employee training should be related to the job class
or duties to which assigned.
C.Â
Subject to budget limitations and department head approval,
efforts will be made to afford employees time off from work to attend related
training and education classes.
D.Â
There shall be cooperation with agencies to develop meaningful
training curriculum relevant to employment with the city.
E.Â
Subject to budget limitations and department head approval
and consistent with present city policy, financial reimbursement, including
tuition and books, shall be considered for personnel in entry level and paraprofessional
positions for approved relevant programs at colleges and training institutions.
F.Â
Supervisors and training officers shall provide career
counseling to minority and women employees and shall recommend and encourage
their attendance at relevant in-service training and educational programs
which will prepare and assist them in securing job advancement.
A.Â
Protection from adverse actions. All employees shall
be free from any and all restraint, interference, coercion or reprisal on
the part of their associates, supervisors and department heads in making any
complaint or appeal, in serving as representatives of a complainant, in appearing
as witnesses or in seeking information. The above principles apply with equal
force after a complaint has been adjudicated. Should those principles be violated,
the facts shall be brought to the attention of the EEO Officer and/or appropriate
state or federal agencies or commissions by the aggrieved party, his representatives
or any person affected so that appropriate action may be taken, up to and
including dismissal of the wrongful party.
B.Â
Resolution of complaints. Complaints of discriminatory
actions and practices shall be resolved through either an informal process
under the guidance of the EEO Officer, a formal process conducted by the EEO
Committee or a combination of both, or by federal or state appellate process.
(1)Â
Informal. The EEO Officer is designated to act in an
effort to mediate or conciliate informal complaints. However, informal complaints
should be resolved generally at the department or supervisory level through
the City Administrator with concurrence from the EEO Officer.
(a)Â
When an informal complaint is received by the EEO Officer,
a memorandum shall be prepared by the EEO Officer to the City Administrator
advising him of the complaint and the circumstances of such complaint.
(b)Â
The EEO Officer shall ensure prompt consideration of
each complaint filed with his office. If, after the investigation of the complaint,
the EEO Officer concludes that the complaint is not valid or no discriminatory
act has occurred, he may dismiss the charge. Any complainant adversely affected
by the dismissal of the charge retains all other administrative and legal
remedies.
(c)Â
If, after a consideration of the complaint, the EEO Officer
believes that an act of discrimination may have occurred, within 15 work days
after said determination is made, the EEO Officer shall personally attempt
to conciliate the matter. If the parties to the complaint agree on a resolution
by way of conciliation, the terms of such resolution shall be set forth in
a written enforceable consent agreement, which shall not constitute an admission
of committing a discriminatory act.
(d)Â
If either the respondent or the complainant fails to
comply with any obligation or requirement which forms part of any such decision,
said decision may be enforced by executive order from the office of the City
Administrator.
(2)Â
Formal. Any informal complaint not adjudicated to the
satisfaction of either or both parties by the EEO Officer may thereafter be
handled through formal complaint procedures, as well as other administrative
and legal remedies.
(a)Â
Formal hearings may be convened in cases in which conciliation
or mediation has failed or where either party so requests. A formal complaint
shall be submitted in writing, shall be signed and shall state the basis for
the complaint. However, a statement from the complainant describing the conduct
and/or conditions complained of with greater particularity may be required
by the EEO Officer or the EEO Committee.
(b)Â
Formal hearing procedure.
[1]Â
Step 1. A complaint of discrimination shall initially
be referred to the EEO Committee through the EEO Officer. The EEO Officer
shall consult with committee members to ascertain the date, time and place
for the hearing. All hearings shall be conducted in accordance with the administrative
hearing procedures as set up by the EEO Committee. Written notification of
the hearing shall be given to both the complainant and the respondent and
shall include the date, time and place of the hearing. The hearing shall be
recorded and the complainant and respondent shall be permitted to have access
to the record, but any transcription requested by either party shall be at
its expense. Both parties or their representatives and members of the EEO
Committee shall be permitted to question all witnesses and to present all
relevant evidence. After hearing all of the evidence and arguments, the Committee
will have prepared a written decision based solely on the evidence presented
at the hearing.
[2]Â
Step 2. The EEO Officer shall certify the decision of
the Committee and dispose of it within 10 days by notifying the complainant
and respondent in writing of the decision.
[3]Â
Step 3. Within five days of notification of the decision
made by the Committee, the complainant, if having determined that the decision
has not rendered satisfactory judgment, shall be advised in writing by the
EEO Officer of his further rights of appeal to state and federal agencies.
Transcriptions of record shall be made at city expense for the appeal.
(c)Â
A complaint may be filed by any employee or applicant
related to employment in the city government who believes that discrimination
related to employment has been practiced against him/her or that an employment
practice in the city government has or will result in discrimination in employment
against him/her. A complaint of general discriminatory employment may also
be filed by an employee or applicant for employment or by an organization;
provided, however, that upon request of the EEO Officer, the complainant shall
furnish to the EEO Officer names of individuals whom the complainant suspects
are adversely affected by those practices, and such names shall be held confidential
by the EEO Officer upon request of such individuals.
(d)Â
All complaints shall be submitted within 180 calendar
days of the alleged discriminatory act giving rise to the complaint, and the
EEO Officer is charged to notify the accused party of the particulars of such
complaint within three working days from the time of its submission.
(e)Â
A complainant may request in writing an individual or
an organization to represent him in the processing of his complaint and is
entitled to the advice of a representative at all stages in the proceeding.
If the representative designated by the complainant is an employee of the
city government, such employee, as well as an employee-complainant, shall
have a reasonable amount of administrative leave with pay, if he is in pay
status, for the purpose of appearing at any hearing on the complaint or conciliation
effort. The rights and privileges set forth in this subsection shall also
be available to any person whose alleged conduct is the cause of the complaint.
Any person or organization requested to serve in a representative capacity
retains the right to deny such a request.
(f)Â
The provisions of this section shall be published and
made available to all city employees.
Any person aggrieved by a violation of this chapter who has exhausted
the remedies herein provided may apply to any court of competent jurisdiction
for appropriate relief, including but not limited to:
If any provision of this chapter or the application thereof to any person
or circumstances is held invalid, the remainder of this chapter and the application
of the provision to other persons not similarly situated or to other circumstances
shall not be affected thereby.