[Adopted 7-18-1983 by L.L. No. 2-1983 as Ch. I, Art. XI, of the 1983 Code]
It is hereby ordained and directed that the City of Albany by this article adopts and establishes an Office of Equal Employment Opportunity and establishes an affirmative action program. The purpose, policy, duties and procedures to be followed by the City of Albany under this Affirmative Action Ordinance are set forth below.
[Amended 6-1-1998 by Ord. No. 26.41.98; 12-17-2001 by Ord. No. 37.91.00]
It is the policy of the City to prohibit discrimination because of race, color, religion, sex, national origin, sexual orientation, gender, age, disability, marital or domestic partner status in all aspects of its personnel policies, programs, practices and operations. The purposes of this article are those in accord with Title VII of the Civil Rights Act of 1964, the Human Rights Law of the State of New York as pertaining to equal employment opportunity in City government, and Article III of this chapter.
[Amended 4-7-2004 by Ord. No. 18.61.03]
It shall be the policy of the City that, to the extent not inconsistent with law, the City shall make benefits available to the domestic partners of City employees on the same basis as the City makes benefits available to the spouses of City employees.
Editor's Note: This ordinance provided that it take effect 1-1-2003 and that Subsection B shall only apply to active employees as of that effective date. The applicability of Subsection B to employees covered by collective bargaining agreements shall be subject to mutually agreeable revisions to such agreements in accordance with applicable federal and state statutes.
[Amended 6-1-1998 by Ord. No. 26.41.98]
All such definitions of the Human Rights Law of the State of New York (as amended) as pertain to equal opportunity in employment in City government or as contained in Article III of this chapter are hereby restated by the City as the provisions of this article.
Editor's Note: See Article 15 of the New York State Executive Law.
[Amended 6-1-1998 by Ord. No. 26.41.98]
All such unlawful discriminatory practices contained in the Human Rights Law of the State of New York, as amended, § 296, as apply to equal opportunity in employment in City government and contained in Article III of this chapter are hereby restated by the City of Albany as the provisions of this article.
Editor's Note: See § 296 of the Executive Law.
There is hereby established an Office of Equal Employment Opportunity which is designated to administer this article. The head of that Office shall be appointed by the Mayor of the City of Albany and shall hereafter be called the "Equal Opportunity Officer of the City of Albany."
The Equal Employment Opportunity Office, by and through the Equal Opportunity Officer, shall have the following functions, powers and duties as pertaining to equal employment in City government:
To establish and maintain an office within the City of Albany.
To employ such personnel as may be necessary.
Upon request, to obtain and utilize the services of all City agencies and departments.
To formulate policies to effectuate the purposes of this article and to make recommendations to agencies and offices of the City of Albany in aid of such policies and purposes.
To render each year to the Mayor and to the Common Council a written report of all of its activities and of its recommendations.
To furnish any person with such technical assistance that the Office deems appropriate to further comply with the purposes or provisions of this article.
To provide such reports as may be necessary from time to time.
To review and approve, prior to publication, any form, brochure, application or publication issued or utilized by any City agency or department which contains a statement on nondiscriminatory practices in personnel policies, programs, services or operations of the City of Albany to assure that such statement is in conformance with the provisions of this chapter.
[Added 6-1-1998 by Ord. No. 26.41.98]
In order to assure nondiscriminatory recruiting and promotion by the City of Albany, the City of Albany does hereby adopt the following programs and policies:
Recruitment and selection.
It is the policy of this City to recruit as many qualified candidates as possible for each available position.
Job announcements shall include a complete description of duties, minimum experience and educational requirements and salary range, if established. Job announcements shall carry the statement "An Equal Opportunity Employer."
Selection procedures will be objectively established to measure relevant job qualification requirements.
All job opportunities will be registered with the New York State Employment Service. In addition, the City will utilize public and private organizations, including but not limited to the following:
Albany Municipal Civil Service.
Albany County Civil Service.
Albany Department of Human Resources.
High school and college placement services.
Public and private agencies involved in training the veteran, the disadvantaged or the handicapped for employment.
Minority groups and women organizations.
Job announcements shall be posted in the City Hall for the benefit of employees and visitors.
Evaluation of any candidate shall in no way reflect race, color, creed, sex, age, national origin, sexual orientation, gender, ancestry, disability, marital or domestic partner status. Whenever possible, every effort shall be made to hire qualified residents of the City of Albany.
[Amended 6-1-1998 by Ord. No. 26.41.98; 12-17-2001 by Ord. No. 37.91.00; 4-7-2004 by Ord. No. 18.61.03]
Editor's Note: This ordinance provided that it take effect 1-1-2003.
It shall be made known to all recruitment sources that qualified minority and women are being sought for consideration for professional, subprofessional and other office work of the City.
Present employees shall be encouraged to refer minority and female applicants.
The staff of each City department who make hiring decisions are to be instructed that minority and female applicants for all jobs are to be considered without discrimination.
The staff involved in recruitment are to communicate to all sources that qualified minority members and women are being sought for consideration.
Training. Training practices shall be as follows:
Sponsoring and assisting minority and female, as well as others, to enter subprofessional and professional training and making such training available to the maximum extent within the City.
Advocating through City and individual membership in professional associations that these associations adopt programs to encourage more minority members and women to seek careers in City government and providing accurate information on necessary education and future opportunities.
Assuring that the City makes maximum use of apprenticeship and other training to help equalize opportunities for minority and female Albany, New York, residents, by using appropriate steps such as the following:
Sponsoring and assisting Albany, New York, minority and females as well as others to enter training and education programs and making such programs available to the maximum extent within the City.
Actively encouraging minority and female employees as well as others to increase their skills and job potential through participation in training and education programs and helping to assure that such programs are adequate and are in fact available to minority and/or low-income persons.
Actively participating in the establishment and operation of training and education programs.
Participating in training and employment programs in the area, especially those funded by the Department of Labor and/or other public agencies.
Assuring nondiscriminatory placement and promotion within the City by taking appropriate steps such as the following:
Instructing personally those of the City who make decisions on placement and promotion that employees are to be considered without discrimination and that job areas in which there is little or no minority and female representation should be reviewed to determine whether this results from discrimination due to selection requirements and testing not directly related to the job.
Maintaining a file of the names and addresses of each person referred to the City and what action was taken with respect to each such referred worker and, if the worker was not employed, the reasons therefor.
Assuring nondiscriminatory pay, other compensation and working conditions in the City.
Assuring nondiscriminatory demotion, layoff or termination by maintaining a file of the names and addresses of each person who was demoted, laid off or terminated, and the reasons therefor.
Promotion. Instruction is to be given to the staff who makes placement and promotion decisions that minority and female employees are to be considered without discrimination.
Office of Equal Employment Opportunity. The Office of Equal Employment Opportunity, through the Equal Opportunity Officer, shall have the following functions, powers and duties as pertaining to affirmative action:
Monitor the affirmative action program.
Assist individual City departments in achieving goals.
Disseminate information concerning the affirmative action program to all City employees and to post copies thereof in conspicuous places within each department.
Prepare and file the necessary reports.
Render each year to the Mayor and to the Common Council a written report of all of its activities and its recommendations.
Such powers and duties as may be designated by the Mayor or otherwise authorized by the Common Council.
If any part of this article or its application to any persons or circumstances is adjudged by a court to be invalid or ineffectual, such judgment shall not affect the remainder of this article or its application to any other person or circumstance.
Nothing contained herein shall be construed to render any existing labor contract or portions thereof invalid.
This article supersedes all prior local acts inconsistent with it to the extent of such inconsistency, but in all other respects shall be supplemental to such acts.
This article shall take effect immediately.