[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.
A.
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]
B.
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.
[1]
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)[1] 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.
[1]
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,[1] 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.
[1]
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."
A.
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:
(1)
To establish and maintain an office within the City
of Albany.
(2)
To employ such personnel as may be necessary.
(3)
Upon request, to obtain and utilize the services of
all City agencies and departments.
(4)
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.
(5)
To render each year to the Mayor and to the Common
Council a written report of all of its activities and of its recommendations.
(6)
To furnish any person with such technical assistance
that the Office deems appropriate to further comply with the purposes
or provisions of this article.
(7)
To provide such reports as may be necessary from time
to time.
(8)
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:
A.
Recruitment and selection.
(1)
It is the policy of this City to recruit as many qualified
candidates as possible for each available position.
(2)
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."
(3)
Selection procedures will be objectively established
to measure relevant job qualification requirements.
(4)
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:
(a)
Albany Municipal Civil Service.
(b)
Albany County Civil Service.
(c)
Albany Department of Human Resources.
(d)
High school and college placement services.
(e)
Public and private agencies involved in training the
veteran, the disadvantaged or the handicapped for employment.
(f)
Minority groups and women organizations.
(g)
Professional organizations.
(5)
Job announcements shall be posted in the City Hall
for the benefit of employees and visitors.
(6)
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[1]; 4-7-2004 by Ord. No. 18.61.03]
[1]
Editor's Note: This ordinance provided that
it take effect 1-1-2003.
(7)
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.
(8)
Present employees shall be encouraged to refer minority
and female applicants.
B.
Hiring.
(1)
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.
(2)
The staff involved in recruitment are to communicate
to all sources that qualified minority members and women are being
sought for consideration.
C.
Training. Training practices shall be as follows:
(1)
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.
(2)
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.
(3)
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:
(a)
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.
(b)
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.
(c)
Actively participating in the establishment and operation
of training and education programs.
(d)
Participating in training and employment programs
in the area, especially those funded by the Department of Labor and/or
other public agencies.
(4)
Assuring nondiscriminatory placement and promotion
within the City by taking appropriate steps such as the following:
(a)
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.
(b)
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.
(c)
Assuring nondiscriminatory pay, other compensation
and working conditions in the City.
(5)
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.
D.
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.
E.
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:
(1)
Monitor the affirmative action program.
(2)
Assist individual City departments in achieving goals.
(3)
Disseminate information concerning the affirmative
action program to all City employees and to post copies thereof in
conspicuous places within each department.
(4)
Prepare and file the necessary reports.
(5)
Render each year to the Mayor and to the Common Council
a written report of all of its activities and its recommendations.
(6)
Such powers and duties as may be designated by the
Mayor or otherwise authorized by the Common Council.
A.
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.
B.
Nothing contained herein shall be construed to render
any existing labor contract or portions thereof invalid.
C.
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.
