City of Pleasantville, NJ Chapter 8 Affirmative Action

[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.]

GENERAL REFERENCES

Minority business enterprise program — See Ch. 12.

Personnel policies — See Ch. 44.

Salaries and compensation — See Ch. 61.

§ 8-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AAP

Affirmative Action Program.

COMPLAINT

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.

DISCRIMINATION

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.

EEO

Equal employment opportunity.

EEO COMMITTEE

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.

EEO OFFICER

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).

ETHNIC ORIGIN

Specifies the cultural, regional or ethnic minority as defined by the Appalachian Commission.

HEARING

A. FORMAL Any 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.

B. INFORMAL Any 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.

MINORITY

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.)

MOBILITY

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.

PERSONAL APPEARANCE

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.

§ 8-2 Equal employment opportunity policy reaffirmation.

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.

§ 8-3 Goals. [1]

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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 8-4 Objectives.

A. The objectives of the Affirmative Action Program are as follows:

(1) To establish responsibility for and provide guidelines for implementation and conduct of the City of Pleasantville's Affirmative Action Program (AAP).

(2) 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) To obtain statistical information from city departments to evaluate and analyze their needs.

(4) 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) To implement and maintain an informational program for city employees and the general public on the city's Affirmative Action Program (AAP).

B. 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.

§ 8-5 Enforcing officials' responsibilities.

A. The City Administrator shall be responsible for the administration of the city's Affirmative Action Program (AAP).

(1) 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) 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) 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) 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) 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) 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.

[1] Editor's Note: See Ch. 180, Parental Responsibility.

(2) The City Administrator will assure that department heads comply with the goals and objectives of the AAP.

(3) The City Administrator will solicit support of the various employee organizations and associations for the AAP.

(4) The City Administrator will submit an annual report to the Council on the status of the AAP.

(5) 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. 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) 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) 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) 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) He shall develop and monitor the upward and lateral mobility program for city employees.

(5) He shall coordinate and approve all training relative to the AAP.

(6) He shall serve as advisor to the Equal Employment Opportunity Advisory Committee and attend their meetings.

(7) He shall establish contact with community groups, organizations and individuals for involvement in programs of EEO.

(8) He shall assist city and department heads in establishing realistic goals and guidelines essential to attainment of the objectives of the city AAP.

(9) 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) He shall review recruitment, selection, testing and promotional practices and identify actions needed to eliminate discrimination and artificial barriers.

(11) He shall conduct recruitment efforts in schools both at the academic and vocational levels.

(12) 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) 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) 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) 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) The EEO Officer shall have the full resources of the City Administrator's office available to him in the fulfillment of his mission.

(17) He shall monitor the progress and effectiveness of the AAP, using collected data to make periodic corrections of errant trends.

C. 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) 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:

(a) Recruitment and hiring.

(b) Promotion and training.

(c) Communications and counseling.

(d) Public contract administrations.

(2) 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) The Chairman of the Atlantic County Human Relations Commission or his/her designee.

(b) Two members representing the minority work force, and two members representing the nonminority work force.

(c) The EEO Officer (Chairman).

(d) One representative of the City Solicitor's office.

(e) Three representatives of line management.

(f) Three members of the minority general public.

(3) As minimum steps in the discharge of its responsibilities, the EEOA Committee will:

(a) Ensure that the AAP is distributed to all current and future city employees.

(b) Ensure that EEO related information is published in each issue of the employee bulletin, if any.

(c) Identify and publicize opportunities for city employees to be involved in EEO activities.

(d) Conduct regular review of the AAP (quarter-yearly) to improve its effectiveness.

(e) Hold open committee meetings at least once a month.

(f) Recommend appropriate action to the EEO Officer to meet problems associated with supervisory and management practices found to be in need of improvements.

(g) Participate in the evaluation of the AAP and all aspects of the EEO Program.

(h) Advise on other special EEO programs.

(i) 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) Develop and certify all necessary procedures for conducting a hearing.

(4) 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) The City Administrator shall determine the operating guidelines for the EEOA Committee, subject to the approval of Council.

(6) 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) 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.

§ 8-6 Establishment of departmental plans.

A. 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. Departmental goals should be significant, measurable and attainable and be designated to correct identifiable deficiencies.

(1) Goals should provide for specific planned results with timetables for completion.

(2) 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) Goals should reflect desired levels of achievement based upon an analysis to resolve imbalances in its work force.

(4) Goals should be coupled with adoption of genuine and effective internal techniques and procedures to locate qualified members of women and minorities.

C. Department plans should be submitted within 90 days after the adoption of the city's Affirmative Action Plan.

(1) 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) 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.

§ 8-7 Recruitment.

A. 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. Methods utilized in carrying out recruiting efforts shall be expanded to include but not be limited to the following:

(1) Dissemination of notices of city job openings to minority group organizations serving the minority community.

(2) 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) Developing and maintaining a list of prominent locations in the minority community for the posting of job announcements.

(4) Establishing cooperative working relationships with Manpower programs operating within the community.

(5) Establishing communication and cooperative working relationships between the AAO and leaders of women's and minority organizations in the community.

(6) Soliciting and obtaining recruiting assistance from women's and minority organizations in the community.

(7) 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) Utilizing radio and television public service time as a form of communications in areas where there are large minority audiences.

§ 8-8 Testing and selection process.

A. Preemployment written and performance tests, when utilized, will be reviewed to assure that they are job-related and culturally unbiased.

B. 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. Consideration will be given to use of innovative selection procedures for such positions as require work-related special skills and ability.

D. 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.

§ 8-9 Training programs and career education.

A. 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. Employee training should be related to the job class or duties to which assigned.

C. 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. There shall be cooperation with agencies to develop meaningful training curriculum relevant to employment with the city.

E. 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. 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.

§ 8-10 Discrimination complaints.

A. 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. 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) 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) 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) 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) 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) 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) 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) 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) Formal hearing procedure.

[1] 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] 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] 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) 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) 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) 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) The provisions of this section shall be published and made available to all city employees.

§ 8-11 Additional remedies.

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:

A. An injunction, including an order compelling compliance with this chapter.

B. Such other and further relief as may seem appropriate to the court for the enforcement of this chapter and the elimination of violations thereof.

§ 8-12 Applicability.

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.