[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town of Dover 10-25-1977. Amendments noted where applicable.]
The Town of Dover does hereby reaffirm its statement of policy adopted on October 11, 1977, that ensures equal opportunity in employment for all persons and prohibits discrimination in employment because of color, race, religion, sex and national origin and promotes the full realization of equal employment opportunity through a continuing policy of equal employment opportunity practices in all departments of the town. Equal opportunity is an integral part of every aspect of personnel policy and practices in the recruitment, employment, advancement and treatment of employees and prospective employees of the Town of Dover to the maximum extent possible in keeping with the New Jersey State Civil Service Rules and Regulations.
Editor's Note: See Ord. No. 80-20, which provided for the adoption of the Affirmative Action Plan of the Town of Dover, prepared by the State of New Jersey Department of Civil Service, which plan is on file in the town offices and can be examined there during regular office hours.
As used in this chapter, the following terms shall have the meanings indicated:
- Affirmative Action Officer.
- 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 town government, except where their membership in one of these classes is a bona fide obstacle to job performance.
- Equal employment opportunity.
- EEOAC CHAIRMAN
- The officer who is designated AAO and is responsible for directing all EEO and affirmative action programs for the town government. Whenever "AAO" (Affirmative Action Officer) is used herein, it shall mean and refer to the "Equal Employment Officer" (EEO).
- EQUAL EMPLOYMENT OPPORTUNITY ADVISORY COMMITTEE (EEOAC)
- A broad-based group of town employees and municipal representatives to advise the AAO and render decisions in formal EEO complaint cases.
- ETHNIC ORIGIN
- Specifies the cultural, regional, ethnic minority as defined by the Appalachian Commission.
- HEARING, FORMAL
- Any inquiry, forum, investigation or meeting held by the EEOAC at which compulsory adopted processes are invoked and a record is prepared for the purpose of the EEOAC's final decision.
- HEARING, INFORMAL
- Any inquiry, forum, investigation or meeting conducted by the AAO at which compulsory processes are not invoked and a record is not prepared for the purpose of providing the basis of the AAO's final decision.
- Any member of an affected class by virtue of past discrimination on the basis of race, color, religion, sex, national or ethnic origin.
The goal of this policy is ultimately to establish and maintain an integrated and balanced work force, throughout the town, representing women, Hispanics and other minorities, that will effectively meet the needs of the citizens of the Town of Dover.
The objectives of this Affirmative Action Chapter are to:
Establish responsibility for and provide guidelines for implementation and conduct of the Town of Dover's Affirmative Action Program (AAP).
Establish realistic program goals; a career development program; and to develop and maintain a vigorous recruitment program for the Affirmative Action Program (AAP).
Obtain statistical information from all town departments and to evaluate and analyze their needs.
Evaluate personnel practices and selection processes that may be discriminatory or may place artificial barriers to the employment of women, Hispanics and other minorities.
Implement and maintain an informational program for town employees and the general public on the Town of Dover's Affirmative Action Program (AAP).
The long-range goal of the Town of Dover is to achieve equitable representation of women, Hispanics and other minorities at all job levels of town employment and in specific occupational areas that will be consistent with both population and/or available work force.
Affirmative Action Officer.
Creation of position.
There is hereby established in the Town of Dover the position of Affirmative Action Officer (AAO).
The Affirmative Action Officer (AAO) shall serve at the pleasure of the Mayor and Board of Aldermen.
The Affirmative Action Officer (AAO) may hold more than one position in the Town of Dover as long as said positions are not incompatible with each other.
Duties of the Affirmative Action Officer.
The Affirmative Action Officer (AAO) shall be responsible for the planning, development and implementation of the Affirmative Action Plan for the Town of Dover.
The Affirmative Action Officer (AAO) shall collect and maintain statistics on the equal employment opportunity effort of the town and shall establish a periodic reporting system to measure the implementation and progress of the AAP.
The Affirmative Action Officer (AAO) shall review the town's personnel management practices at regular intervals to ensure their conformity with national, state and local EEO laws and policies and Civil Service Rules and Regulations.
The Affirmative Action Officer (AAO) shall review and evaluate municipal direction and supervisory performance with respect to the positive application and vigorous enforcement of the policy of EEO.
The Affirmative Action Officer (AAO) shall develop and monitor the upward and lateral mobility program for town employees.
The Affirmative Action Officer (AAO) shall coordinate and approve all training relative to the AAP.
The Affirmative Action Officer (AAO) shall serve as adviser to the Equal Employment Opportunity Advisory Committee and attend its meetings.
The Affirmative Action Officer (AAO) shall establish contact with community groups, organizations and individuals and encourage the involvement of these groups in the town EEO programs.
The Affirmative Action Officer (AAO) shall assist town and department heads in establishing realistic goals and guidelines essential to attainment of the objectives of the town's AAP.
The Affirmative Action Officer (AAO) shall confer with department heads to determine whether or not there is under-utilization of women, Hispanics and other minorities, and if such under-utilization exists, the Affirmative Action Officer (AAO) shall recommend corrective action.
The Affirmative Action Officer (AAO) shall review the recruitment, selection, testing and promotional practices in the town and identify and recommend the corrective actions needed to eliminate discrimination and artificial barriers to EEO within the town.
The Affirmative Action Officer (AAO) shall periodically evaluate the effectiveness of departmental affirmative action efforts.
The Affirmative Action Officer (AAO) shall assure that all contractors, subcontractors and suppliers of goods and services to the town certify that they are equal opportunity employers of minorities and females and meet all state and federal Laws.
Equal Employment Opportunity Advisory Committee (EEOAC).
Establishment and duties of Committee.
There is hereby established an Equal Employment Opportunity Advisory Committee consisting of a broad-based group of employees and municipal representatives to serve as an advisory body to the AAO and the Mayor and Board of Aldermen.
The Equal Employment Opportunity Committee's objective is to facilitate equal employment opportunity for all employees in the Town of Dover.
The Affirmative Action Officer shall nominate the members of the Equal Employment Opportunity Advisory Committee (EEOAC) to the Mayor and Board of Aldermen. The Mayor and Board of Aldermen shall appoint, by resolution, the members of the Equal Employment Opportunity Advisory Committee who shall serve at the pleasure of the Mayor and Board of Aldermen and who shall consist of:
Responsibilities of the Equal Employment Opportunity Advisory Committee. As minimum steps in the discharge of its responsibilities, the EEOAC will:
Ensure that the AAP is distributed to all current and future town employees.
Identify and publicize opportunities for town employees to be involved in EEO activities.
Conduct a regular review of the AAP quarterly and yearly and recommend to the AAO and the Mayor and Board of Aldermen improvements for its effectiveness.
Hold open committee meetings at least once a quarter.
Recommend appropriate action to the AAO, to meet problems associated with supervisory and management practices found to be in need of improvement.
Recommend methods to the AAO by which the town could take a more specific and innovative approach in the employment, promotion, training and utilization of women, Hispanics and other minorities.
It is the policy of the Town of Dover that an aggressive recruitment program to attract women, Hispanics and other minorities is hereby established. It is the primary responsibility of the AAO to establish the recruitment program. The Affirmative Action Officer and all departments of the Town of Dover will support this effort as it relates to their individual needs.
Methods utilized in carrying out recruiting efforts shall be expanded to include, but not be limited to, the following:
Dissemination of notices of town job openings to women, Hispanics and other minority group organizations serving the minority community.
Establish and maintain a mailing list consisting of minority organizations; women's groups; governmental agencies; educational institutions; and other related agencies that direct themselves to the employment of women, Hispanics and other minorities.
Develop and maintain a list of prominent locations in the minority community for the posting of job announcements.
Establish cooperative working relationships with Manpower programs operating within the community.
The Town of Dover, a municipal corporation of the State of New Jersey, is a town governed by the Rules and Regulations of the New Jersey Civil Service Commission.
Examinations for employment and promotions will be conducted by the New Jersey State Civil Service Commission as provided for under its regulations.
The New Jersey Civil Service Commission shall be requested to perform an updated job audit at least every five years in order to ensure that no discriminatory practices, artificial barriers or improper job qualifications will prevent the employment of women, Hispanics and other minorities.
The selecting process of all qualified applicants is monitored by the New Jersey State Civil Service Commission.
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.
Resolution of complaints. Complaints of discriminatory actions and practices shall be resolved through either an informal process under the guidance of the AAO or a formal process conducted by the EEOAC, or a combination of both.
Informal process. The AAO 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 with the concurrence of the AAO.
The AAO shall promptly consider each complaint filed with his office. If, after the investigation of the complaint, the AAO 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.
If, after a consideration of the complaint, the AAO believes that an act of discrimination may have occurred, within (15) workdays after said determination is made, the AAO 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. 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 Mayor.
Any informal complaint not adjudicated to the satisfaction of either or both parties by the AAO may thereafter be handled through formal complaint procedures as well as other administrative and legal remedies.
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, signed, stating 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 AAO.
Formal hearing procedure.
Step one. A complaint of discrimination shall initially be referred to the EEOAC by the AAO. The Equal Employment Opportunity Advisory Committee Chairman 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 EEOAC. Written notification of the hearing shall be given to both the complainant and the respondent and shall include date, time and place of 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 that party's expense. Both parties, or their representatives, and members of the EEOAC 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.
Step two. The EEOAC Chairman 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.
Step three. 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 EEOAC Chairman of his further rights of appeal to state and federal agencies.
All complaints shall be submitted within 60 calendar days of the alleged discriminatory act giving rise to the complaint, and the AAO is charged to notify the accused party of the particulars of such complaint within seven working days from the time of its submission.
A complainant may request in writing that an individual or an organization represent him in the processing of his complaint. The complainant shall be entitled to the advice of such representative at all stages in the proceedings. If the representative designated by the complainant is an employee of the town 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 request.