Charles County, MD
 
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of County Commissioner of Charles County 7-29-1981 by Res. No. 81-52. Amendments noted where applicable.]
GENERAL REFERENCES
Personnel regulations — See Ch. 197.
Sheriff's office — See Ch. 210.

§ 148-1 Policy statement.

A. 
It is and will continue to be the policy of the Charles County Government to provide equal employment opportunity for all persons, regardless of race, color, religion, sex, age, national origin, physical or mental disability, political affiliation or other nonmerit factors except where age, sex or physical and mental requirements are essential, bona fide occupational requirements.
B. 
In providing equal employment opportunity for all qualified persons, it is our policy to prohibit discrimination relating to recruitment, examination, appointment, training, promotion, retention, discipline or any other aspects of personnel administration. This is in accordance not only with the existing policies of the Charles County Government but also with Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972. Equal employment opportunity according to affirmative action guidelines is a strict requirement of the Charles County Government and its related agencies.
C. 
Equal employment opportunity in all aspects shall be continued through an Affirmative Action Plan (AAP). Essentially, AAP objectives will identify areas of underutilization of minorities and females, develop outreach recruiting efforts to attract qualified minority and female employees, develop reasonable goals for the hiring of minorities and females and support and develop training programs to provide upward mobility for all employees. Additionally, the AAP will serve to strengthen our commitment to utilize the County work force.
D. 
It is our intention to assure that the elements of the AAP are carried out in an effective, efficient manner. Consequently, it is the responsibility of all supervisors to implement the policies of the AAP in order to make equal employment opportunity a reality and not merely a concept. Failure to comply with AAP guidelines will not be tolerated by the Charles County Government, and management performance on this program will be periodically evaluated.
E. 
The Personnel Officer shall be responsible for the implementation of the AAP. As the Equal Employment Opportunity (EEO) Coordinator, he will direct supervisors to carry out equal employment opportunity goals and practices outlined in the AAP and personnel policies of the County government. We firmly believe that the successful performance of Affirmative Action Plan goals will provide positive benefits to the Charles County Government and to the citizens of this community through fuller utilization and development of previously underutilized human resources.

§ 148-2 Dissemination of policy.

A. 
An important aspect of the AAP is to disseminate the policy of equal employment opportunity. Promotion of the AAP will serve to reinforce nondiscrimination in all areas of employment and personnel matters. Promotion of the AAP policy within the Charles County Government shall be accomplished both internally and externally.
B. 
Concerning internal dissemination, the AAP policy statement will be reflected in the revised publication of A Guide for Charles County Employees. Initially, the AAP policy statement will be printed and distributed to each employee along with the payroll checks. Also, an interoffice memorandum will be circulated to all supervisory heads.
C. 
The EEO and AAP policy will be made available to all employees. Each department head will receive that portion of the County's AAP related to his or her department.
D. 
Periodically during the staff meetings, the EEO Coordinator will explain the purpose of the AAP to department heads and will screen the progress of the action programs within each department. All department heads will have an opportunity to ask pertinent questions related to implementation of the AAP. The EEO Coordinator will also explain changes in federal and state legislation or regulations concerning AAP guidelines.
E. 
Externally, a summary of the AAP will be released for publication by all local newspapers. This will be accomplished by a press conference conducted by the EEO Coordinator.
F. 
All recruiting sources will be informed by letter of the County's EEO policy. All help-wanted advertisements will include the statement that Charles County is an equal opportunity employer.

§ 148-3 Legal mandates.

A. 
Title VII of the Civil Rights Act of 1964, as amended in 1972, generally forbids employment discrimination on the basis of race, color, religion, sex and national origin.
B. 
The Age Discrimination Act of 1967 bans discrimination in employment on the basis of age against persons who are 40 years to 65 years of age.
C. 
The Equal Pay Act of 1963 requires that individuals receive equal pay, regardless of sex, if they perform equal work.
D. 
Intergovernmental Merit System Standards as revised in 1971 dictates that all aspects of employment be conducted in accord with merit principles and that no one be denied equality of opportunity in any phase of employment on the basis of race, color, religion, national origin, political affiliation or opinion, age, sex, handicap (except where age, sex or handicap is a bona fide condition of employment) or other nonmerit factors.
E. 
Governor's Code of Fair Practices and Article 49B, Annotated Code of Maryland, as amended in 1975,[1] prohibit discrimination in employment based on race, color, religion, marital status, age, sex, national origin or handicap (except where age, sex or handicap is a bona fide condition of employment).
[1]
Editor's Note: Sections 1 through 43 of said article were repealed by Acts 2009, c. 120, § 1, effective 10-1-2009. See now the State Government Article, Title 20.
F. 
The 14th Amendment of the United States Constitution forbids the denial of equal protection of the laws.
G. 
Section 503 of the Rehabilitation Act of 1973 prohibits job discrimination based on physical or mental handicaps.
H. 
The Civil Rights Act of 1866 has purview over private as well as public acts of color discrimination.
I. 
The Civil Rights Act of 1970 prohibits racial discrimination of color under state law.

§ 148-4 Recruitment.

A. 
To implement equal employment opportunity policies within the Charles County Government, the EEO Coordinator will make active efforts to recruit male minority and female applicants. This will serve to provide a personnel force of qualified employees on a nondiscriminatory basis and to combat any trends of underutilization of minorities within the local government.
B. 
Recruitment will be targeted towards Charles County citizens when there is an adequate available work force representative of both minorities and nonminorities for a job opening. But there will not always be a representational number of people in the County for a job opening. Consequently, active recruiting efforts will be made in the standard metropolitan statistical area and outlying areas.
C. 
Letters detailing the County's commitment of EEO policies according to an AAP will be sent to organizations which are in a position to refer male minority and/or female applicants. The letters will note that Charles County is an EEO employer and that nondiscrimination is the basic element of its personnel program. Some or all of the following organizations will be notified of specific job openings within the Charles County Government:
(1) 
Maryland Commission for Women.
(2) 
Maryland State Employment Service.
(3) 
Morgan State University.
(4) 
Bowie State College.
(5) 
NAACP for Charles, Prince George's, St. Mary's and Calvert Counties.
(6) 
NAACP Youth Work and College Affairs.
(7) 
Howard University.
(8) 
Virginia Union University.
(9) 
Virginia State College.
(10) 
Coppin State College.
(11) 
Maryland State Coordinator Equal Opportunity.
(12) 
Washington Opportunities for Women.
(13) 
Urban League of Washington, D.C.
(14) 
Black Women's Community Development Foundation.
(15) 
National Council of Negro Women.
(16) 
National Business and Professional Women's Talent Bank.
(17) 
American Association of University Women.
(18) 
Charles County League of Women Voters.
(19) 
Charles County public schools.
(20) 
Charles County Community College.
(21) 
Southern Maryland Tri-County Community Action Agency, Inc.
(22) 
Charles County Business and Professional Women.
(23) 
National Organization for Women.
D. 
A review twice annually will be made to determine the effectiveness of the individual recruiting sources. In the event that a particular organization fails to cooperate by not referring qualified women and male minorities for job openings, it will be deleted from the recruiting list and another organization may be added.

§ 148-5 Responsibilities for implementing policy.

Overall responsibility for implementing the AAP is vested with the Charles County Commissioners, who fully support the principles of Equal Employment Opportunity. The Charles County Commissioners charge the following individuals with the performance of equal employment opportunities according to AAP guidelines:
A. 
County Administrator: responsibilities include but are not limited to:
(1) 
Providing positive management direction for the attainment of the EEO goals and implementation of the AAP.
(2) 
Supervising the activities of the EEO Coordinator.
(3) 
Analyzing all data derived from this process.
B. 
EEO Coordinator: responsibilities include but are not limited to:
(1) 
Developing and maintaining a policy statement and a written AAP.
(2) 
Administrating the AAP.
(3) 
Making available to all present employees information with regard to the equal employment opportunities within the Charles County Government as it applies to the AAP.
(4) 
Developing an external communication process in order to recruit minority and female applicants for the various occupational groups within the local government.
(5) 
Collecting and preparing the statistics necessary for the preparation and distribution of reports which relate to AAP policies and program objectives.
(6) 
Designing, implementing and monitoring internal audit and reporting systems to measure AAP effectiveness in order to determine where progress has been made and where further action should be taken, then assuring that corrective action is carried out.
(7) 
Providing AAP progress reports to the Charles County Commissioners.
(8) 
Assisting supervisors to ensure implementation of the AAP within their departmental AAP objectives.
(9) 
Regularly informing the County Administrator on AAP progress.
(10) 
Reviewing, evaluating, standardizing and revising job descriptions for all positions to assure that education and experience requirements are job-related to prevent discriminatory effects.
(11) 
Reviewing the AAP on a quarterly basis to ensure that goals are being realistically achieved and that overall policies are in conformance with federal and state laws.
(12) 
Coordinating training programs to provide skilled learning for minority, female and all other employees to enable upward mobility and promotions.
(13) 
Developing specific remedies to eliminate discriminatory practices discovered in the employment system.
(14) 
Assuring that current legal information affecting affirmative action is disseminated to all supervisors.
(15) 
Acting as a liaison between the Charles County Government, EEO regulatory agencies, minority and women's organizations and other community groups.
(16) 
Amending the AAP as necessary to conform to EEO policies.
C. 
Supervisors: responsibilities include but are not necessarily limited to:
(1) 
Assisting the EEO Coordinator in identifying problem areas.
(2) 
Assisting the EEO Coordinator in establishing goals.
(3) 
Making known to all goals and objectives of the AAP, emphasizing the County Commissioners' commitment to EEO practices.
(4) 
Being committed to the EEO policy of the Charles County Government by assuring that AAP objectives are carried out in their departments.
(5) 
Monitoring the promotion and training of employees in accordance with AAP policies.
(6) 
Assuring that all non-job-related barriers to EEO goals are removed, as recommended by the EEO Coordinator.
(7) 
Demonstrating positive leadership in support of the AAP among civil, business and community organizations.
(8) 
Submitting reports to the EEO Coordinator on the success or failure of AAP objectives, training and promotion within their departments and suggested corrective action where indicated.

§ 148-6 Programs for fiscal year 1982.

Action programs will be necessary to promote the County's EEO policies and its AAP. Accordingly, several personnel programs will be in operation during fiscal year 1982 in order to conform to the principles of the AAP.
A. 
Job descriptions. Job descriptions of County employees will be reviewed and amended. The standardization of job descriptions will ensure that employees with similar job categories and titles perform under the same work requirements. Most importantly, it will provide the basis for an impartial salary system which will ensure equal pay for equal work responsibility. By maintaining standardized job descriptions, any possible discriminatory effects of work requirements and associated pay scales will be eliminated.
B. 
Grievance procedure. The grievance procedure will be reviewed for any possible needed modifications. This procedure enables all employees to follow a prescribed system for processing grievances and appeals alleging discrimination. Additionally, the EEO Coordinator will be easily accessible for informal counseling and conciliation discussions. Informal discussions concerning individual problems will be available to all employees without recrimination.
C. 
Job application forms. Application forms which reflect the latest federal and state guidelines will be used. Items such as race, color, national origin, political and religious affiliation will not be included. Information on the applicant's sex, age, marital status or physical condition will not be requested. The listed information will be requested only if it reflects bona fide requirements for a particular job opening.
D. 
Interviews and selection. Definitive guidelines will be utilized to ensure that selection and interviewing procedures are standardized. This is intended to prevent potential discriminatory practices in interviewing and selection. These procedures will be reviewed for possible modifications.
E. 
Recordkeeping. Data sheets will be attached to the application forms to determine the effectiveness of the recruiting program outlined in the AAP. Other personnel forms will be developed to determine the effectiveness of the AAP guidelines relating to hiring, training and promotion. Also, termination forms will be developed to indicate employment trends of minorities and females within a department and to determine if possible discrimination prompted the termination.
F. 
Personnel policies. All personnel policies will be reviewed to ensure that the County is providing equal employment opportunities for all employees. All policies and practices relating to employee benefits (leave, retirement, insurance, etc.) will be reviewed and appropriately revised to assure that there is a defined and equitable employment policy.
G. 
Employee orientation. Every new employee will meet with the Equal Employment Opportunity Coordinator for an orientation meeting. The Equal Employment Opportunity Coordinator will identify the working benefits provided by the Charles County Government.
H. 
Training. Training programs will be coordinated and provided to upgrade job performance and knowledge and to provide an opportunity for career advancement. Employees will also be reimbursed for tuition expenses for approved, job-related courses offered at educational institutions. Certain in-house training programs will be developed and offered for employees to promote a better work environment and to ensure promotional opportunities for County employees.
I. 
Exit interviews. All employees who resign will be interviewed to determine the reason(s) for such resignation. This will help identify any personnel or management problems that negatively impacted upon the individual's work environment. If problems are identified, corrective measures will be taken to resolve the problems.

§ 148-7 Goals.

A. 
The Charles County Government will establish goals which will be significant, measurable and attained given the commitment of the Charles County Government and its good faith efforts. A goal recognizes that persons are to be judged on individual ability, and less qualified applicants will not be given preference over a better qualified prospect. The goals approach is consistent with the Intergovernmental Merit System Standards as revised in 1971.
B. 
A quota system imposing a fixed number or percentage that must be attained or which cannot be exceeded will not be used in the context of this AAP.
C. 
Analysis of the internal work force and the relevant external labor area will provide the basic data for the formulated goals. The following guidelines will apply:
(1) 
Goals will be determined for nonminority and minority men and women.
(2) 
Specific goals for women and male minorities will be established for each category of employment.
(3) 
The nature of the goals established are a function of:
(a) 
Utilization within the job category.
(b) 
The relevant work area recruited from.
(c) 
The availability of qualified male minorities and women in the relevant work area.
(d) 
The AAP and EEO policies of the Charles County Government.