[HISTORY: Adopted by the Council of the City
of Schenectady 6-16-1986 by Ord.
No. 86-43.[1] Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 6, Affirmative Action,
adopted 8-27-1979 by Res. No. 79-165, as amended, was repealed 6-16-1986
by Res. No. 86-138.
[Amended 9-19-1988 by Ord. No 88-75; 8-10-2020 by Ord. No. 2020-11]
The City of Schenectady does hereby reaffirm its policy to ensure
equal opportunity in employment and contracting for all persons and
to provide employment, placement, training, promotion, salary and
contracting opportunities without regard to race, sex, color, national
origin, religion, political affiliation, age, disability, Vietnam-era
veteran status, military status, marital status, sexual orientation,
gender identity or expression or any other non-meritorious factor.
The City shall promote full realization of equal opportunity through
a continuing, effective affirmative action program applicable to each
department, bureau, agency and board of the City and to all contractors,
suppliers, grant recipients, etc. The program shall be an integral
part of the total personnel management and purchasing program.
The City of Schenectady, as evidence of its
intent to comply with basic policies and procedures necessary for
effective uniform and judicious enforcement of equal opportunity standards,
does hereby adopt the attached affirmative action policy.
[Amended 9-19-1988 by Ord. No. 88-75]
A.
Affirmative action programs are the creation of action-oriented
initiatives that will assure, to the maximum extent possible, the
same placement, training, promotion and salary opportunities to all
segments of the community. Employment and contracting opportunities
shall be provided to all applicants, employees, contractors and vendors,
based solely on individual merit and fitness, without regard to race,
color, national origin, religion, sex, age, disability, political
affiliation, Vietnam-era veteran status, military status, marital
status, sexual orientation, or gender identity or expression in accordance
with all applicable federal, state and local laws.
[Amended 8-10-2020 by Ord. No. 2020-11]
B.
The City of Schenectady believes that the best interest
of the community and the City government will be served by full compliance
with the spirit and the letter of the Civil Rights Act of 1964, the
Equal Employment Opportunity Act of 1972, the President's Executive
Order No. 11246, as amended, and other federal and state legislative
and judicial rulings. To this end, the City's affirmative action
program establishes the employment practices, policies, procedures
and environment consistent with providing equal employment opportunity
to all persons regardless of race, color, national origin, religion,
sex, age, disability, political affiliation, Vietnam-era veteran status,
military status, marital status, sexual orientation, or gender identity
or expression.
[Amended 8-10-2020 by Ord. No. 2020-11]
C.
It shall be the policy of the City of Schenectady,
in accordance with federal, state and local laws and ordinances, to
require the submission of an affirmative action plan acceptable under
those federal, state and local laws and ordinances prior to the award
of contracts to all contractors, subcontractors, vendors, suppliers,
consultants, grant recipients, developers, redevelopers and all other
persons who do business with the City.
A.
The Chief Executive Officer of the City of Schenectady
and the City Council are bound by the provisions of the various civil
rights acts and executive orders to make personnel and contracting
decisions without regard to race, color, religion, sex, national origin,
age, disability, political affiliation, Vietnam-era veteran status,
military status, marital status, sexual orientation, or gender identity
or expression.
[Amended 9-19-1988 by Ord. No. 88-75; 8-10-2020 by Ord. No. 2020-11]
B.
The Chief Executive Officer of the City of Schenectady
shall be responsible for the implementation of the City's affirmative
action program.
C.
The
Chief Executive Officer shall designate an Affirmative Action Officer
(AAO) who will be responsible to the Chief Executive Officer for administering
the City's affirmative action program. The Affirmative Action
Officer shall be furnished with the official, organizational and financial
resources necessary to effectively fulfill his or her duties and responsibilities.
[Amended 8-10-2020 by Ord. No. 2020-11]
D.
The
Affirmative Action Officer shall report directly to the Chief Executive
Officer or the designee of the Chief Executive Officer.
[Amended 8-10-2020 by Ord. No. 2020-11]
E.
The
Affirmative Action Officer, in concert with the department directors,
bureau heads, supervisory personnel, the various advisory boards and
other City agencies, shall communicate the various provisions of the
affirmative action program to the City work force and to the general
public.
[Amended 8-10-2020 by Ord. No. 2020-11]
[Amended 8-10-2020 by Ord. No. 2020-11]
The Affirmative Action Officer shall have the
following responsibilities:
A.
The Affirmative Action Officer shall head the affirmative
action/equal opportunity program within the office of the Chief Executive.
B.
The Affirmative Action Officer shall have sufficient
education and/or sufficient experience in personnel management, intergroup
relations and an understanding of minority issues.
C.
The Affirmative Action Officer shall be responsible
for managing and administering the City affirmative action plan. Those
responsibilities shall include, but not be limited to, the following:
(1)
Preparing and continuously maintaining up-to-date
data on the City of Schenectady's work force. This data should be
organized by function, salary, job categories, race, national origin
and sex for full-time, part-time and new hires.
(2)
Assisting employees in preparing for promotional opportunities.
(3)
Developing training programs to assist candidates
preparing for civil service examinations.
(4)
Furnishing periodic reports to the federal, state
and local government and to the people of the City of Schenectady
on the progress in meeting affirmative action goals.
(5)
Providing City department directors, bureau heads,
supervisory personnel and the chairmen and heads of various boards
and agencies training, counseling and guidance to meet City affirmative
action goals.
(6)
Assisting contractors and subcontractors in complying
with required regulations.
(7)
Developing a pool of qualified minority and women
candidates by promoting the City's affirmative action program through
civic groups, neighborhood organization, the news media, educational
institutions and other public forums in coordinated recruitment efforts
with the Department of Civil Service.
(8)
Receiving input from sources as noted above on a continuing
basis. A forum shall be held periodically for citizens and employees
to raise questions concerning equal employment opportunity and the
affirmative action policy.
(9)
Serving as staff to the City's Affirmative Action
Advisory Board, to attend their meetings and to assist them in carrying
out their mandates as set forth by the Chief Elected Official.
(10)
Conducting a semiannual audit and evaluation of the
City's affirmative action program and submitting the same to the Chief
Elected Official and agency department heads.
(11)
Receiving complaints of discrimination from aggrieved
employees and candidates for employment and attempting to resolve
complaints prior to a formal hearing process.
[Amended 8-10-2020 by Ord. No. 2020-11]
The City shall employ practices to ensure the participation
of minority- and women-owned businesses in all aspects of City contractual
agreements. These practices shall be consistent with federal and state
laws and directives and shall be annually reviewed and approved by
the City Council. The Affirmative Action Officer shall participate
in the identification of potential vendors and monitor contract compliance.
[Amended 5-30-1989 by Ord. No. 89-48; 4-28-2014 by Ord. No.
2014-14]
A.
An
Affirmative Action Advisory Board shall be appointed by the Chief
Executive Officer with the concurring vote of a majority of the members
of the City Council. This Board shall concern itself with all aspects
of equal opportunity in hiring, employment, promotion, complaints,
purchasing and contracting.
B.
The
Affirmative Action Advisory Board shall review and approve the City's
affirmative action goals based on compliance with federal, state and
local laws. The Board shall conduct an annual evaluation of each affirmative
action goal and shall monitor the City's performance in meeting program
goals and recommend changes as needed to the Chief Executive Officer.
C.
The
Affirmative Action Advisory Board is also empowered to conduct Citywide
public hearings on affirmative action issues of interest to the public.
D.
The
Board shall be composed of seven to nine members who are representative
of the community: one to two members representing women's interests,
one member representing Hispanic interest, one to two members representing
minority interests, one member representing the disabled interests,
one member representing veterans' interests, and two additional members
who are sensitive to the problems of intergroup relations and represent
various segments of the City. Appointments shall be to three-year
terms on staggered bases. Four members will be considered a quorum
if the Board has seven members, and five members shall be considered
a quorum if the Board has eight or nine members.
E.
While
the membership should be broadly representative of racial minorities,
women, the gay/lesbian/bisexual community, disabled persons, veterans,
governance and local union bargaining units, and other relevant constituencies,
no member will function solely as representative of a particular constituency.
Each member will represent many constituencies, all of them sharing
common concerns with respect to the City's commitment to, and progress
on, affirmative action and equal opportunity. The Board shall be provided
with necessary resources to fulfill its missions.
The Chief Executive Officer shall ensure that
the City's policy is effectively communicated to the work force and
the community. Implementation of this objective shall be carried forth
by the affirmative action office.
[Amended 8-10-2020 by Ord. No. 2020-11]
Current job specifications shall be reviewed and evaluated by
the Affirmative Action Officer in conjunction with the Personnel Director
and reviewed by the department head to ensure compliance with all
federal, state and local laws and this policy on a regular basis.
The Affirmative Action Officer shall report the findings to the appropriate
department heads.
[Amended 8-10-2020 by Ord. No. 2020-11]
The Affirmative Action Officer shall participate
in a comprehensive recruitment program to meet the employment goals
of this plan. Special efforts shall be made to recruit females and
minorities for those job categories in which they are under utilized.
A.
It shall be the policy of the City to ensure widespread
prior announcement of civil service examinations as far in advance
as possible. The City shall take affirmative action to ensure that
announcements reach minority and female prospective applicants. Announcements
shall be sent to but not limited to local newspapers, radio, minority,
community and civic organizations, churches and responsible community
individuals.
B.
The Equal Employment Director or the personnel staff
shall work in conjunction with state and local civil service officials
to review examinations and their results for indications of cultural
bias in examination procedures.
C.
Procedures for promotional examinations and selection
will be reviewed to determine whether minority groups and women are
adversely affected. Revisions will be recommended as necessary.
It is the policy of the City of Schenectady
to provide the maximum opportunity to its employees to gain promotions
and to move up to higher paying and more responsible positions. The
City shall apprise all its employees of promotional opportunities
and assist them in preparing for these higher positions with training
programs, the tuition assistance program and the development of a
policy regarding educational leave. In addition, information shall
be provided on other training resources available in the community.
A.
The City government shall put forth a good faith effort
toward the implementation of equal employment opportunity principles
through the establishment of measurable employment goals.
B.
The annual City EEO-4 report shall provide the basis
for the development of a relevant and achievable affirmative action
plan which shall incorporate a variety of activities which will promote
the best and most practical means to increase the number of minority
and female employees represented.
The Chief Executive Officer shall promulgate
procedures consistent with the City of Schenectady affirmative action
program as outlined above. Such procedures shall be promulgated with
the advice and consent of the Affirmative Action Advisory Board.
