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HomeMy WebLinkAbout7A - Updated Affirmative Action Plan DATE: INTRODUCTION: 7A KAY KUHLMANN, ASSISTANT CITY MANAGER CONSIDER APPROVAL OF UPDATED AFFIRMATIVE ACTION PLAN NOVEMBER 15, 1993 Prior Lake City staff has updated the Affirmative Action Plan and attached it for Council review and consideration. BACKGROUND: In 1988 the City was contacted by the State Department of Equal Rights and requested to submit an Mfirmative Action Plan. The Affinnative Action Plan is to identify the goals that the City must adopt regarding hiring females and minorities. 11Us plan also includes a work plan that the City must adhere to in order to try to meet their work force diversity. The plan attached is an updated version recently completed. The substance of the plan is essentially the same as the original draft. However, our work force availability and utilization analysis is different than the one submitted 5 years ago. The goals and timetable for improvement are aggressive only because of the State mandates. DISCUSSION: City staff has completed the Affmnative Action Plan and does comply with the elements as stated. The City is trying to address the diversity issue, however, it believes that the goals and timetables set forth are unrealistic. This has been stated in the document so that the State understands this. Although we will try to reach our goals, we do not believe that the timeframe is realistic. A short presentation will be made by staff at the City Council meeting. RECOMMENDATION: Staff recommends the Council adopt the Affmnative Action Plan as submitted. ALTERNATIVES: The Prior Lake City Council has the following alternatives to consider. 1. Approve the Affmnative Action Plan and direct staff to forward it to the State. 2. Modify the attached Affirmative Action Plan and submit it to the State. 3. Table for discussion at a later date. ACTION REQUIRED: Motion to approve the Affmnative Action Plan with or without modifications. CCANU.WJrr 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CITY OF PRIOR LAKE AFFIRMATIVE ACTION PLAN ORIGINAL SUBMITfAL -- JANUARY 1988 UPDATE -- NOVEMBER 1993 CTIY OF PRIOR LAKE AFFIRMATIVE ACTION PLAN TABLE OF CONTENTS Page I. PROJECT DESCRIPTION ........... .................................... ........ ................ ..... 1 ll. EQUAL EMPLOYMENT OPPORTUNITY POUCY STATEMENT .............................................................. ....................2 m. ASSIGNMENT OF RESPONSffiILTIY FOR AFFIRMATIVE ACTION PROGRAM ................................................3 IV. DISSEMINATION OF POLICY ....................................................................5 V. ORGANIZATIONAL CHART . ........ .......... ................ ...................... .......... ....7 VI. WORK FORCE AVAILABIUTY AND UTILIZATIONfUNDER UTILIZATION ANALYSIS .................... .... .............. ......................... ........ .... 8 VII. GOALS AND TIMETABLES FOR IMPROVEMENT .............................. 14 vm. PROBLEM IDENTIFICATION AND CORRECTIVE ACTION ................................................................... 15 IX. MEASURES TO FACll.ITATE IMPLEMENTATION ................................................................................... 17 X. AUDITlNG AND MONITORING .............................................................. 23 XI. VENDOR - CONTRACTOR RELATIONS ................................................ 25 Xll. AFFIRMATIVE ACTION PLAN FOR DISABLED INDNIDUALS ........................ .......... .......................................................... 27 XIII. RESPONSffiILTIY FOR IMPLEMENTATION ......................................... 30 XN. APPENDICES .............................................................................................. 36 A. Recruitment Resources B. Media Sources C. Sample Letter to suppliers, vendors, and contractors indicating the City of Prior Lake's Affinnative Action Plan. D. Equal Opportunity is the Law Poster I. PROJECf DESCRIPTION The City of Prior Lake, a recognized Class B Minnesota municipality is completing this Mfirmative Action Plan to maintain compliance with the Minnesota Department of Human Rights Laws, Rules and Regulations, and to promote Prior Lake's commitment to providing equal opportunity to all employees and applicants for employment. 1 IT. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT This is to affirm the City of Prior Lake's policy of providing Equal Opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment OpportunitYIMfmnative Action laws. directives and regulations of Federal, State and Local governing bodies or agencies thereof, specifically Minnesota Statutes 363. The City of Prior Lake will not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, adherence to any union or political affiliation, or status with regard to public assistance. The City of Prior Lake will take Mfmnative Action to ensure that all employment practices are free of such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The City of Prior Lake will use its best efforts to afford minority and female business enterprises with the maximum practicable opportunity to participate in the performance of subcontracts for construction projects that the City engages in. For the purpose of this document a minority will be defmed as all persons other than male Caucasians. The City of Prior Lake will strive to achieve the goals of Equal Employment Opportunity and Affinnative Action. The City of Prior Lake will evaluate the performance of its management and supervisory personnel on the basis of their involvement in achieving these Affirmative Action objectives as well as other established criteria. Any employee of the City who does not comply with the Equal Employment Opportunity Policies and Procedures as set forth in this Statement and Plan will be subject to disciplinary action. Any subcontractor not complying with all applicable Equal Employment Opportunity/Mfmnative Action laws, directives and regulations of the Federal, State and Local governing bodies or agencies thereof, specifically Minnesota Statues 363 will be subject to appropriate legal sanctions. The City of Prior Lake has appointed the Assistant City Manager to manage the Equal Opportunity Program. Responsibilities for managing this program include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this Affirmative Action Program. as required by Federal, State, and Local agencies. The Manager of the City of Prior Lake will receive and review reports on the progress of the program. If any employee believes he/she has been discriminated against, please contact the Assistant City Manager, 4629 Dakota Street SE, Prior Lake, MN 55372 or call (612) 447-4230. Qty Manager Date 2 m. ASSIGNMENT OF RESPONsmn..ITY FOR AFFIRMATIVE ACllON PROGRAM A. The Prior Lake City Council authorizes the City Manager and the Assistant City Manager to administer the Affmnative Action Program on behalf of the City. This accountability encompasses the following: 1. Coordination of equal employment opportunity and affIrmative action activities. 2. Physical dissemination of policy information. 3. The conducting of all studies, surveys, job classifications which might be required by Federal and State law. 4. The development of guidelines for interviewing and selecting employees, the construction of job advertisements, the development of job descriptions, the review of job qualifications to meet equal employment opportunity standards and the establishment of a comprehensive personnel policy to promote equity in all employer actions. 5. The establishment of contacts in recruitment for minorities, handicapped individuals and women. 6. The preparation of all reports that are required and the design and implementation of audit and recording systems to measure the Affmnative Action Program effectiveness. 7. The interpretation of the Affirmative Action Policy in accordance with changes in State and Federal law. 8. The establishment of working relationships with organizations representing minorities, handicapped and women for recruitment purposes. 9. The establishment of bi-annual affmnative action goals. 10. The provision of infonnation to employees or applicants alleging discrimination of their rights under provisions of the Civil Rights Act of 1964 as amended by the Equal Opportunity Act of 1972 and the Minnesota Human Rights Act; of legal options for registering a complaint; and investigation of all such complaints. 11. To receive complaints of alleged acts of discrimination and to record all material facts. 12. To investigate all such alleged acts of discrimination and to record all material facts. 13. To report to the City Council good faith claims of discrimination. 3 B. Each administrative department head with the assistance of the Assistant City Manager shall have direct responsibility in promoting the Affmnative Action Policy. Their responsibility shall include: 1. An in-depth understanding of equal employment opportunity laws and all provisions of the City Affirmative Action Policy. 2. Assistance to the Assistant City Manager in analyzing and discovering areas of under-utilization of minorities, women, and handicapped persons in their respective departments. 3. Development of departmental goals and objectives, proposing timetables and evaluating internal discrimination potentials within their specific departments. 4. Regular discussion with line supervisors regarding equal employment opportunities. 5. Annual evaluation of their supervisors on efforts to meet equal employment opportunity goals. 6. Department heads shall have the authority to discipline employees found to be deliberately harassing minorities, handicapped and women employees or displaying conduct inconsistent with the provisions and intent of the Affmnative Action Program. 4 IV. DISSEMINATION OF POLICY A. Internal Dissemination 1. A copy of the Mfmnative Action Program for the City of Prior Lake will available to members of the public at their request. 2. The Assistant City Manager will instruct, inform and advise all department heads of the responsibilities of employers in promoting and effectuating the policy of non-discrimination. The Assistant City Manager shall have the authority and responsibility to monitor, audit and review all books and records of the City and departments of the City to ensure compliance in carrying out the duties and responsibilities required by the City Affinnative Action Policy. 3. Department heads will be responsible for disseminating the Aff'mnative Action Policy to all line supervisors and all department employees. 4. A copy of the Affmnative Action Policy and other related information shall be posted on bulletin boards for employee reference as well as centrally located bulletin boards for public reference. 5. Every applicant for employment with the City of Prior Lake, or for participation in a City sponsored program, shall be informed of the equal employment opportunity policy of the City of Prior Lake and the procedure to follow if such applicant in good faith feels that this policy has not be adhered to by the City or its agent at the time of application for employment. 6. The Affmnative Action Policy statement shall be included in the City's Personnel Policy. 7. Union representatives will be informed of the Affmnative Action Policy. 8. Labor agreements between any union, federation, or other authorized employee representative in the City may contain a clause attesting to non-discrimination and equal opportunity as part of the basis for any negotiated settlement. 5 B. External Dissemination 1. The Assistant City Manager will file copies of the affirmative action declaration with the State of Minnesota Department of Human Rights, State Employment Service, and such minority, handicapped and womens' organizations which benefit from open recruitment and merit hiring. Efforts shall be made to communicate this policy to local community agencies, schools and community leaders. 2. The City Finance Director, City Engineer and the Park and Recreation Director shall coordinate the distribution of Mfirmative Action Policy to vendors and contractors who deal with the City and shall encourage them to follow similar practices. 3. The City shall make readily available to minoritie~ handicapped persons, women, and protected class groups within the City the current listing of job opportunities in the City offices. The City will advertise available positions in a manner determined by the City to be most appropriate to reach local minority, handicapped and female residents. 4. The Assistant City Manager will be available to discuss the City's Affmnative Action Program and non-discrimination policy with any interested communities or civic groups. 6 V. ORGANIZATIONAL CHART CITY flOW CHARI iEm(l, MoY(nBIR I. I"J 7 VI. WORKFORCE AVAILABILITY AND U1TIJZATIONfUNDER-UTILIZATION ANALYSIS A. Utilization Analysis The City conducts separate in-depth utilization analysis of each job group for minorities and for women (protected groups). The purpose of these utilization analysis is to determine if minorities and/or women are currently being under-utilized in one or more of our job groups. The results of these utilization analysis then become the basis for establishing the objectives detailed in this document. 1. Work Force Analysis A work force analysis report. is prepared annually. This analysis contains job titles ranked from the lowest paid to the highest paid within each department. For each job title, the total incumbents, by race and sex, and total incumbents, by the total males, and females, are listed. This profile includes wage rate, minimum and maximum, for union job titles and actual wage for all other job titles. 2. Job Groups The establishment of "job groups" is a part of the Mfmnative Action Program prepared to meet standards required by Minnesota State Statute Chapter 363 as applied by the Minnesota Department of Human Rights. 3. Availability Analysis a. Availability data was developed for total minorities and total women for each job group by using data from the 1990 Federal Census. b. Under-utilization will be declared when there are fewer minorities or women in a particular job group than would reasonably be expected between their availability. c. Under-utilization is determined annually for each job group within the City. d. The declaration of under-utilization in any job group does not imply or admit any form of discrimination. 8 WORKFORCE ANALYSIS CITY MANAGERfFINANCE 'foull!aapJor- . MOawil)' !anI's..,.. (") Mai, Pc.... ~ War RaM ... T.,o.I TOlai D It All AI B II ItJI AI ,.II Talla(o) So.Iwy ItaAp T.,o.I ..de Pc" AN PI AN 1'1 City Manaoer 5500 1 1 Assistant City Mnr. 3525 1 1 Executive Secretllrv ;:>c;~5 1 1 Finance Oirector 4270 1 1 Sr. Accounting Clerk 2490 1 1 Accountino Clerk 1910 1 1 Receptionist 1880 1 1 'rOTALS 7 2 5 (") a. at..J.,II. lliol'-.I., AJ/AN . Aaukaa ladIaalAlwlu.a H,Ii... Alrl . AaIa.JJ'...iIi.lolc.odc.. )/" llw.c..u 0.,_.. JIt_~.. CHART E 9 WORKFORCE ANALYSIS PLANNING/pARKS & RECREATION Tou.lEaap.lo,-. . MO...-, Lnplo,.. (") Md, Pe-J. , WI'" Ilok N T.,d To,d . II /lJI AI . II All AI J-l> ndo(.) S..a...y Jtaa&. Told Malo Ilc__ AN PI AN 1'1 City Planner 3975 1 1 ABs't. City Plenner 3110 1 1 Secretary 1875 2 2 Park & Aec. Director 3975 1 1 Aec. "Technician 2565 1 1 Buildin,., OFFici..1 "".l":l":ln 1 1 Building Inspector 2765 1 1 Parks Supervisor 2950 1 1 Park Maintenance Worl er II 2180 3 3 TOTALS 12 9 3 r) a. Dbu.,1t - II_,...J<. AllAN . Aac.kaa ladlaaIAI...Ju.. Nali"" Air! . All...lP...Ui. w........ 51U Jot,--u 0.,_.., ...11_..... CHART E 10 WORKFORCE ANALYSIS ENGINEERINGfPUBUC WORKS Toeal EaapJoyou . MOauit, Lnplo,.. ("> NaI. fc-s. - w... RaM ~ T..laI TOlal B 11 AU N B II All AI ).to Tille(.) S.1a,y ..... T..a! MaS. I'c.a&. AN PI AN PI City Engineer 4605 1 1 Ass't. City Engineer 3510 1 1 Engineering Tech. 2500-2845 3 3 Water Resource Coord 3050 1 1 Public Works Super. 3250 1 1 Maintenance Worker I 1950-2155 2 2 Maintenance WorkerII 2180 3 3 Engineering Secretar 1875 1 1 TOTALS 13 12 1 ('") B. Bbu., II. lIa,,",,,cl AJlAN. A-lcaa ladlaalAl...u. N...i_ All'I- AalaAlPocU'i. t.l........ SlU "ta-c...a O.'_C.I ...11_..... CHART E 11 WORKFORCEANALYS~ POUCE DEPT. T ocol l!a.pLo,.- . MiaMity ""1'10,... (") Mol. Pc-s. ~ W.... IlM& ... T..",l T...ol B It All AI . II All AI J.... Ti&l.(a) Salaty Raap T....J MaJa I'c.... AN PI AN PI Pol ice ChieF 4335 1 1 Police Lieutenant 3945 1 1 *Police Oetective 3470- 1 .1 Police Sergeant 3715 3 3 Police OFFicer 2190-3305 10 10 ~'Po 11 ce Secreterv 1950 1 1 TOTALS 17 16 1 ("> a. alau..II- lliop..!.. AllAN - ^-1c.aa ladIaalAI....Jw. N.Ii.... Alrl. AaIa.JJ'",ifl.lola.odu. SIt) .,......... D.,-... allt_..... , CHART E 12 A VAILABIU1Y fUTILIZATIONfUNDERUTILIZATION f.~ MUa.arib- - - Ucl.i%ado. A...a.hility N-u- Utiliz:uioa A~i1itr Na.mbu u...r- U a.cIuo Job Cto..p Tow N..... ,. I'l__ ,. .auz.i N...... ,. N_ ,. .ciJh..l. ~l' !'roCOSflOllaJ/I'acb. S&Ida WOl'urs Oftloe/Cl.eMal S~~ Operaz:1vee - ~boNrs Servlc8 WorkllZ'S Small Cocnp&.Cy 49 10 4.9 A. VIJlallLl1ty 23 47.0 11. S 0 C 4.3 8.85 4.3 Column " '1 ..2 "3 "" .5 tIe "2 113 ..4. .8 lie InstrUCtions: 1. c.L...a.a 11 . T oal I iA Job C....,. 2.. CollUl1ll f"1 . Toc:al I o(f.=Ia u4 lwWaorUico iAJob Ct....p. ,. eoa-l3 - Co......... 12 . lor c..l..... '1. -t. Cot1UlUl'. - c.l..... IS II COI.... '1. S. c.I1UIUI IS COIIIU &Olll cbc III&llpowu iJOtJlWiaa 1~1.. " CoIWBA.6 _ Cot........ t-t - Col1UlUl ,1. .. L_ .t to _c:oc w\oLr .......be.. SolUcu(A".;w,ilily" 1990 SMSA 5JU Miu- O"aRID<llC .1H....... JUsku CHART F 13 VIT. GOALS AND TIMETABLES FOR IMPROVEMENT The City of Prior Lake is under-utilized by eleven to twelve female employees and four to five minority employees. The ultimate goal of the City and its Affirmative Action Plan is to become fully utilized in its ratio of male to female employees. Unfortunately, the City is not in a position to immediately rectify the under-utilization because turnover and expansion in number of City employees is not great. The City of Prior Lake has established the following goals for the years 1988-1990. These short term goals regarding implementation of the Prior Lake Affinnative Action Plan were not achieved primarily because the City has not experienced a great deal of turnover. 1. The City of Prior Lake will make a good faith effort to meet full utilization by hiring eleven to twelve females over the next four years. 2. The City of Prior Lake will make a good faith effort to meet full utilization by hiring four to five minorities over the next four years. The City continues to endeavor to address the under utilization of minorities and females and has adopted the following goals pertaining to employment. 1. The City of Prior Lake has an excellent work force and therefore will continue to try to retain the employment of these personnel. However in the event that an individual(s) leaves, the City will actively recruit women and minorities for all positions. 2. The staff's best estimate for addressing under utilization over the next four years is to hire two females and one minority. Although this may appear to be low, the City's employment history does not lend itself to making rapid employment makeup changes. 14 VIII. PROBLEM AREASIDEFICIENCIES IDENTIFICATION AND ANALYSIS A summary analysis of problem areas has been made and presented below. The City is committed to working on all problem areas especially Work Force Composition as discussed in Section VII Goals and Timetables for Improvement. 1. Work Force Composition The City of Prior Lake is under-utilized by eleven to twelve females and four to five minorities with the current Work Force Composition. 2. Applicant Flow Process The City is currently not receiving the desired number of female and minority applications for jobs in Prior Lake. The City will attempt to increase participation of females and minorities by expanding recruitment resources. (See Appendix A) 3. Total Selection Process The City's selection process does not discriminate against females or minorities and is open to all applicants. 4. Transfer or Promotion Process The City does not have a specified transfer or promotion process except in the case of the Police Department's organized Labor Union (LELS), the Sergeants union (Teamsters) and the AFSCME Contract representing all maintenance, clerical and technical -positions that are non-supervisory, confidential or professional. 5. Company Facilities and Company Sponsored Activities All Prior Lake employees are encouraged to use the City facilities and participate in City sponsored activities. 6. Seniority Practices The City of Prior Lake recognizes seniority practices as referenced in the City Personnel Manual. Any negotiated language in union contracts will supercede the Employee Personnel Manual. 7. Apprenticeship ProWams The City does not sponsor nor participate in any apprenticeship programs. The City may from time to time employee interns to assist with educational advancement of students. 8. Company Trainin~ Pro~ams Prior Lake City employees are each given opportunities to improve their job related skills through training programs. The training focus in 1991 will be customer relations. The customer relations program will address both internal and external customer relations. The cultural relations program will provide insight on dealing with minorities and those with difference cultural backgrounds. The focus for employee training for 1991 has not been identified. 9. Work Force Attitude 15 9. Work Force Attitude Prior Lake City employees have displayed no attitudinal problem in dealing with females or minorities. 10. Posters An Equal Employment Opportunity poster has been posted at the Prior Lake City offices. 11. Application Retention The Prior Lake Personnel Department retains all employee applications for one year. 12. Subcontractor Notification The City of Prior Lake does notify sub-contactors of the City's Equal Employment Opportunity/Affmnative Action Plan policy. 13. Sexual Harassment The City of Prior Lake has adopted a Sexual Harassment Policy to emphasize the City's commitment to a non discriminatory employment environment. Prior Lake has experienced few sexual harassment situations, and all situations have been addressed appropriately and satisfactorily internally. The Sexual Harassment Policy was prepared in-house by a task force of employees to broaden support for the effort. The policy has been followed up by sexual harassment training. 16 IX. MEASURES TO FACILITATE IMPLEMENTATION To assure progress towards Affmnative Action goals and to guarantee equal employment opportunity to all persons, the City of Prior Lake shall pursue the following actions relating to hiring, promotion, training opportunities, classification, recruitment and compensation. The City of Prior Lake's Personnel practices shall adhere to the principles of equal employment opportunity and be conducted in accordance with the City Affmnative Action Program. The principles of equal employment opportunity shall be introduced into all City written personnel policies and shall be reflected in all negotiations between the City and labor unions who represent authorized bargaining units of City employees. A. Position Descriptions: 1. A written position description of job description shall exist for all regular positions within the City of Prior Lake. These descriptions shall include a position or job title - a general description of the work - minimum qualifications required to perform the work, and shall be available to all employees and prospective job applicants for review prior to application. 2. Position titles and minimum qualifications contained in written descriptions shall be used in all recruitment advertising. 3. The minimum qualifications of each position shall be periodically reviewed by the Personnel Director to determine if all qualifications required are related to actual job performance. 4. Position descriptions for managerial and supervisory positions shall contain a section describing Affirmative Action responsibilities. B. Recruitment: 1. The City of Prior Lake will advertise entry job openings in the appropriate media for its labor market. All job advertisements shall state the title of the position, the minimum qualifications, where applications can be obtained, and location of job if other than within City Hall, how the position will be filled and other relevant information. All job advertisements shall include the statement "An Equal Opportunity Employer". In special circumstances the City may add or substitute the wording "Minorities and Women are Encouraged to Apply". All job advertisements shall indicate the last day of filing for application of the position advertised. All job advertisements shall be posted on designated bulletin boards in all conspicuous areas for employee or applicant review. a. The City Personnel Director will notify the area Job Services Office of appropriate job openings. b. The Personnel Director shall send appropriate job vacancy announcements to appropriate governmental, institutional, civic, educational, handicapped 17 and minority representative agencies within its labor market area. c. Announcements of appropriate job openings shall be regularly sent to organizations within the labor market who specifically represent women, minorities, and the handicapped. d. Policy Statement in compliance with Section 3 of the U.S. Department of Housing and Urban Development Act of 1968: Announcements of job openings shall be regularly sent to organizations within the labor market who specifically represent women, minorities, and the handicapped. The City of Prior Lake will make every effort to recruit and hire applicants from Scott County who are from low income groups. e. The Assistant City Manager will establish and utilize a list of minority organizations and will develop contacts for communicating mutual employment needs and concerns. f. Department Head and supervisory staff of the County will encourage present employees to refer women, minority and handicapped applicants for City jobs. g. The Personnel Director will inform job applicants of the Affirmative Action Policy and furnish applicants with a written statement of such policy. c. City Personnel Policies: 1. The Assistant City Manager shall provide for the reVlSlon and ongoing maintenance of the Personnel Manual detailing employee benefits, terms and conditions of employment, employer actions, employee obligations, and rights and privileges of employees. This manual shall be revised and consistent with the Affinnative Action Program and be updated annually by the Assistant City Manager. 2. Each department shall be apprised of Affmnative Action goals and briefed regarding the City's commitment to achieving the goals within targeted periods. 3. The employment application form currently utilized is intended to eliminate artificial employment barriers by not requiring irrelevant information as a part of employee selection that is not directly representative of an applicant's skills or qualifications to perform the duties of any position. 4. It shall be inconsistent with this Affmnative Action Program for any department head or otherwise hiring authority to consider race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, public assistance status, disability, or adherence to any political or union affiliation as a basis for rejecting any individual applicant for employment. To insure impartial selection and promotion of personnel, the Assistant City Manager or designee shall: 18 a. Analyze all existing selection procedures, performance reviews, education or experience ratings, structured interviews, and other such devices to determine their value as a measure of job success. b. Administer all appropriate tests under standardized and unifonn conditions and provide for impartial evaluations of test results. c. Declare all job opportunities and vacancies open to male and female applicants unless any given job is proven exclusive for one sex on the basis of bona fide occupational qualifications set forth in TItle vn and subsequent Court decisions. d. Notify all qualified job applicants of the reason for their rejection of employment and shall maintain such a record and provide access to such by applicants rejected for employment. female employees. f. Interview exiting employees to determine reasons for leaving and identify possible sources of discrimination, inadequate job placement or under-utilization encountered while working for the City. The Assistant City Manager shall implement uniform procedures to conform with this Mfirmative Action Program. These will include job replacements, establishing position qualifications, preparing job notices, announcing and posting job vacancies, and advertising when appropriate. g. Assure that no person be given preference or denied employment opportunity because of past promises of a job, personal characteristics, personal reputation, political or union affiliation or other qualities unrelated to job performance. h. Screen applications and determine applicant eligibility for employment by utilizing appropriate selection procedures. i. In accordance with the Minnesota Data Practices Act, any information gathered by the employer regarding reference checks, personal or criminal history shall be made open and available to prospective job candidates upon request for purposes of inspections. Such persons shall have the right to challenge all such information. D. Selection and Hiring: 1. All applications for employment at the City of Prior Lake shall be reviewed to determine if applicants meet minimum qualifications for the position. Applicants who do not meet minimum qualifications shall be so informed by written notice. 2. The selection process shall give prime consideration to minimum qualifications necessary to perform the job. The selection process shall give consideration to future potential and extra qualifications of candidates only when career ladders are structured to that employees are likely to advance to a higher level position within a reasonable pericxl of time. 19 giving maximum consideration to those protected class candidates who possess minimum qualifications for City positions. 4. No applicant shall be prohibited from applying for a City position because of a past criminal conviction. E. Evaluation of Job Performance: 1. Probationary periods for entry and promotional positions shall be uniformly applied and no protected class employee shall be subject to a probationary period different in length from any other employee. 2. All performance evaluation systems used shall be directly related to actual performance on the job. 3. Performance evaluation of supervisors and Department implementing and adhering to the City Affirmative Action Program. 4. All performance appraisals shall be in writing and shall be reviewed with employees and made part of their permanent personnel record. 5. Employees dismissed shall have the benefit of: a. Appropriate and progressive disciplinary measures as outlined in the Personnel Manual. b. An opportunity to have hisfher dismissal reviewed by the Personnel Director and City Manager to determine if discriminatory practices were factors in hisfher dismissal and to recommend a remedy if so justified. F. Compensation: 1. All compensation schedules for City employees shall adhere to State and Federal laws and shall not discriminate upon the basis of race, sex, color, religion, national origin, political affiliation or status with regard to public assistance. 2. All fringe benefit schedules shall be equal for members of both sexes and shall not discriminate against any employed member of a protected class. G. Termination - Disciplinary Procedures: 1. All disciplinary procedures within the City organization shall be applied equally and shall not discriminate against any employee on the basis of race, sex, color, religion, national origin, political affiliation, or status with regard to public assistance. H. Training: 1. All training programs shall be extended to all employees, if the program is job related and would result in better work perfonnance. No employee shall be restricted from attending such programs or courses because of race, color, sex, sexual orientation, creed, marital status, religion, national origin, age, disability, adherence to any political or union affiliation, or status with regard to public 20 assistance. Special efforts shall be made to include and encourage employees in protected classes to attend such programs and courses. 2. Training programs shall be made available to facilitate upward mobility for all City employees. Attention shall be given to the preparation of employees for mobility across occupational fields. 3. All employees, particularly protected class members, shall be informed of the opportunity and encouraged to take career related courses and/or formal training. Information on the City"s policy regarding tuition reimbursement shall be widely disseminated. 4. Training for supervisory staff shall acquaint them with the provisions, goals, and intent of the City"s affirmative action program. This training shall include an explanation of: a. All the provisions of the City"s affIrmative action policy and program. b. The legal basis for an affirmative action program. c. Supervisory responsibilities related to affirmative action. d. The legal options available to a person making a complaint of alleged discrimination and the legal responsibilities of the supervisor. 5. All City departments shall consider the implementation of internship training for protected class members, and employ those who successfully complete an apprenticeship training program whenever possible. I. Career Advancement (Transfer & Promotion): 1. All qualified City employees shall be encouraged to consider career advancement through promotions and/or transfers. 2. All job openings shall be posted on all designated "Departmental Boards". No present employee shall be discouraged or prevented from applying for any vacancy for which shefhe is qualified. 3. A combination of education, and past work experience gained in the City"s employ shall be considered in assessing the qualification of an applicant. Unnecessarily narrow job requirements which might reduce competition for promotion across department or division shall be eliminated. 4. Protected class members employed by the City who have increased their skills and job potential shall be encouraged to apply and compete for promotion. J. Documentation of "Good Faith" Efforts to Reach Affirmative Action Goals: 1. The record keeping materials required to monitor the City Affmnative Action Program shall be readily accessible to the Personnel Director and Department Heads. 21 2. The Personnel Director shall keep a written record of the efforts undertaken to meet City goals for employment of protected class employees. 3. Department Heads and the Personnel Director shall review and comment on unsuccessful City efforts to employ protected class members in accordance with the City Affmnative Action goals and Tunetables. K. Complaint Procedure: 1. City Responsibility The City has the responsibility to receive, investigate and attempt to resolve internal and external charges of alleged violations of its obligation under government regulations. Appropriate action is taken to assure that the rights of individuals to file complaints or participate in investigations, hearings, or any other procedure for resolving such complaints will be respected and not interfered with in any manner. Complaints and all actions taken to resolve them through the City must be maintained in strictest confidence. No individual should be intimidated, threatened, coerced or discriminated against by the City for filing a complaint, furnishing information, or participating in any manner in investigations, compliance reviews, hearings, or any other activities related to the administration of Federal, State and Local regulations. 2. Applicant's Right to File Complaints of Alleged Discrimination Applicants who believe the City has violated its obligations under government regulations may file complaints either with the City, the Minnesota Department of Human Rights or the Department of Labor. To file with the City, an applicant should contact the Personnel Director who will pursue the matter. A written complaint must be filed with the Department of Labor. Information on filing complaints with the government is posted in the Personnel Office. 3. Employees' Right to File Complaints of Alleged Discrimination Employees who believe the City has violated its obligations under government regulations may file complaints either with the City, the Minnesota Department of Human Rights or the Department of Labor. Employees may bring their concerns to the attention of their immediate supervisor or they may also wish to address the matter with another individual in their department and/or directly contact the Personnel Director. Employees may file written complaints with the Department of Labor. Information on filing complaints Act of 1973 are referred back to the City. Employers are allowed 60 days to attempt to resolve such complaints through internal complaint review procedure. 22 X. AUDITING AND MONITORING In order to successfully evaluate the implementation of the City"s Affirmative Action Program the following data shall be maintained by the Personnel Director: A. Recruitment Sources Data shall be maintained regarding all recruitment and media sources notified of City job vacancies. B. Applicant Flow Data Data shall be maintained that indicates, by job classification, EEO job category, the total number of applicants interviewed, those offered positions, and those hired, in order to determine the effectiveness of the City"s recruitment process and to assess the City"s progress toward equal employment opportunity. C. Training Data shall be maintained indicating. by job classification and EEO job category the number of City employees participating in all City training programs and activities and tuition reimbursement programs. D. Promotions Data shall be maintained regarding promotions and indicating by job classification and EEO job category, those employees who are promoted. E. Merit Increases Data shall be maintained, reviewed and compared to assure that no disparity exists regarding salary increases between City employees belonging to protected classes and other City employees. F. Terminations Data shall be maintained on all terminations by job classification and EEO job category including the reasons for tenninations. nus data will be used to determine if a disproportionate number of employees belonging to protected classes are terminated. G. Demotions and Disciplinary Actions Documented data shall be maintained on all demotions and disciplinary actions including reasons for such actions. H. Documentation of Good Faith Efforts to Meet Goal 1. There shall be regular documenting of City efforts to meet City goals for employment of protected class employees. 23 2. Semiannual reports will be forwarded as requested to the Minnesota State Department of Human Rights. 24 XI. VENDOR - CONTRACTOR RELATIONS It is the policy of the City of Prior Lake not to use public funds to further any violations of State or Federal equal employment laws. The City"s ftnn commitment to this policy shall be demonstrated through its affinnative action requirements for contractors, sub-contractors and vendors with whom the City does business. A. All bid specifications, proposals and contracts shall require all contractors, sub-contractors and vendors to submit the following: 1. A signed statement signifying that the contractor, sub-contractor or vendor fully intends to comply with the standards of equal employment and anti- discrimination as cited in the Civil Rights Act of 1964 as amended in 1972 by the Equal Employment Opportunity Act, and Minnesota Statute 181.59 as amended. 2. A reply to the letter in Appendix 3. B. If a contractor, sub-contractor or vendor does not comply with the intent of the of the City"s affmnative action requirements, (Minnesota Statue 181.59). above, the contracts may be awarded to the next lowest bidder with the same procedure applying. C. If it is reported that a contractor is in violation of State or Federal equal employment opportunity laws or has no affirmative action program or has not shown good faith in taking corrective steps or is not willing to comply and carry out the City"s affmnative action requirements, the City Manager may immediately request that the City Attorney issue a "letter of show cause" requesting the contractor, sub- contractor or vendor to provide the City Manager with information showing why the City should not terminate the contract. D. The City of Prior Lake will provide a copy of the City"s affmnative action program in order to assist contrator/vendors with their compliance. incorporated by reference hereto, and made a part hereof, this Mfirmative Action policy. 26 M.S. 181.59 EMPLOYMENT: WAGES, CONDmONS, HOURS RESTRlCllONS 181.59 DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR PROHffiITED IN CONTRACf. Every contract for or on behalf of the State of Minnesota. or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the contractor agrees: 1. That, in the hiring of common or skilled labor for the performance of any work under any contract, or any sub- contract hereunder, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States who are qualified and available to perform the work to which such employment relates; 2. That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any such person or persons, or on being hired, prevent, or conspire to prevent, any such person or persons from the performance of work under any contract on account of race, creed, or color; 3. Any violation of this section shall be a misdemeanor; and 4. That this contract may be cancelled or terminated by the state, county, city, town, school board, or any other person authorized to grant contracts for such employment, and all money due, or to become due hereunder, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 26 XU. AFFIRMATIVE ACTION PLAN FOR DISABLED INDIVIDUALS A. DISABLED INDIVIDUALS AFFIRMATIVE ACTION CLAUSE The City of Prior Lake shall not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The City of Prior Lake agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled individuals without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The City of Prior Lake agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. The City of Prior Lake agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights, such notices shall state the City of Prior Lake's obligation under the law to take affmnative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. The City of Prior Lake shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Minnesota Statutes, section 363.073 of the Minnesota Human Rights Act and is committed to take affmnative action to employ and advance in employment physically and mentally disabled individuals. B. SCHEDULE FOR REVIEW The City of Prior Lake will review all physical and mental job requirements to the extent that these requirements tend to screen out qualified disabled individuals. It will be determined whether these requirements are job related, and consistent with business necessity and the safe performance of job. A review of the job requirement has been made in 1993 and will be updated every two to three years following the initial review. C. PRE-EMPLOYMENT MEDICAL EXAMS The City of Prior Lake may require a comprehensive medical exam prior to employment. The results of such an examination will not be used to screen out qualified disabled individuals. Information obtained in response to such inquiries or examination shall be kept confidential except that (a) supervisors and managers may be informed regarding restrictions on the work or duties of disabled individuals and regarding accommodations, (b) fust aid and safety personnel may be informed, where and to the extent appropriate, if the condition might require emergency treatment, and (c) officials, employees, representatives, or agents of the MN Department of Human Rights or local human rights agencies investigating compliance with the act or local human rights ordinances shall be 28 agencies investigating compliance with the act or local human rights ordinances shall be informed if they request such infonnation. D. ACCOMMODATIONS TO PHYSICAL AND MENTAL LIMITATIONS OF EMPLOYEES The City of Prior Lake shall make a reasonable accommodation to the physical and mental limitations of an employee or applicant unless such an accommodation would impose an undue hardship on the conduct of the business. E. COMPENSATION In offering employment or promotions to disabled individuals, the City of Prior Lake shall not reduce the amount of compensation offered because of any disability income, pension, or other benefit the applicant or employee receives from another source. F. OUTREACH, PosmVE RECRUITMENT, AND EXTERNAL DISSEMINATION OF POLICY The City of Prior Lake shall review employment practices to determine whether the personnel programs provide the required affmnative action for employment and advancement of qualified disabled individuals. Based upon the findings of such review, the City of Prior Lake shall undertake appropriate outreach and positive recruitment activities, such as those listed below. 1. Develop internal communication of obligation to engage in affIrmative action efforts to employ qualified disabled individuals in such a manner as to foster understanding, acceptance, and support among executive, management, supervisory, and all other employees and to encourage such persons to take the necessary action to aid the City of Prior Lake in meeting this obligation. 2. Develop reasonable internal procedures to ensure that the obligation to engage in affmnative action to employ and promote qualified disabled individuals is being fully implemented. 3. Periodically inform all employees and prospective employees of the commitment to engage in affirmative action to increase employment opportunities for qualified disabled individuals. 4. Enlist the assistance and support of recruiting sources (including state employment security agencies, state vocational rehabilitation agencies or facilities, sheltered workshops, college placement officers, state education agencies, labor organizations and organizations of or for disabled individuals) of the City of Prior Lake's commitment to provide meaningful employment opportunities to qualified disabled individuals. 5. Send written notification of company policy to all contractors, vendors and suppliers, requesting that they act in a manner consistent with the City of Prior Lake's policy on affirmative action. 28 - - ~- - G. INTERNAL DISSEMINATION OF POLICY Realizing that an outreach program is ineffective without adequate internal support from supervisory and management personnel and other employees, who may have had limited contact with disabled persons in the past, and in order to assure greater employee cooperation and participation the City of Prior Lake shall disseminate this policy internally as follows: 1. Include a reference to the Affirmative Action Policy in the City's personnel Policy Manual. 2. Conduct special meetings with executive, management, and supervisory personnel to explain the intent of the policy and individual responsibility for effective implementation, making clear the City of Prior Lake's attitude. 4. Discuss the policy thoroughly in both employee orientation and management training programs. 5. Include nondiscrimination clauses in all union agreements, and review all contractual provisions to ensure they are nondiscriminatory. 6. Include articles on accomplishments of disabled workers in company publications. 7. When employees are featured in employee handbooks or similar publications for employees, include disabled employees. 30 xm. RESPONSffiIU1Y FOR IMPLEMENTATION The City of Prior Lake has designated the Assistant City Manager as the director of the City of Prior Lake"s affmnative action activities. The director"s name shall appear on all internal and external communications regarding the City of Prior Lake"s affirmative action programs. The City of Prior Lake has been given necessary top management support and staff to manage the implementation of this program, including the following activities. 1. Develop policy statements, affirmative action programs, and internal and external communication techniques, including discussions with local managers, supervisors, and employees to be certain the City of Prior Lake"s policies are being followed. In addition, supervisors shall be advised that: a. their work performance is being evaluated on the basis of their affmnative action efforts and results, as well as other criteria; and b. the City of Prior Lake is obligated to prevent harassment of employees placed through affmnative action efforts. 2. Identify problem areas in conjunction with line management and known disabled employees, in the implementation of the affmnative action plan, and develop solutions. 3. Design and implement audit and reporting systems that will: a. measure effectiveness of the City of Prior Lake "s plan; b. indicate need for remedial action; c. determine the degree to which objectives have been attained; d. determine whether known disabled employees have had the opportunity to participate in all company sponsored educational, training, recreational, and social activities; and e. ensure that each location is in compliance with the Minnesota Human Rights Act. 4. Serve as liaison between the City of Prior Lake and the Minnesota Department of Human Rights. 5. Serve as liaison between the City of Prior Lake and organizations of and for disabled persons, and arrange for the active involvement by company representatives in the community service programs of local organizations of and for the disabled. 6. Keep management informed of the latest developments in the entire affmnative action area. 31 I. DEVELOPMENT AND EXECUTION OF AFFIRMATIVE ACTION PROGRAMS The Mfirmative Action Plan for the City of Prior Lake shall be developed and executed as follows: 1. Job qualification requirements reviewed shall be made available to all members of management involved in the recruitment, screening, selection, and promotion process. 2. The City of Prior Lake shall evaluate the total selection process including training and promotion to ensure freedom from stereotyping disabled persons in a manner which limits their access to all jobs for which they are qualified. 3. All personnel involved in the recruitment, screening, selection, promotion, disciplinary, and related processes shall be carefully selected and trained to ensure that the commitments in its affirmative action program are implemented. 4. Formal briefing sessions shall be held, with representatives from recruiting sources. Plant tours, clear and concise explanations of current and future job openings, position descriptions, worker specifications, explanations of the City of Prior Lake"s selection process, and recruiting literature shall be an integral part of the briefings. Formal arrangements shall be made for referral of applicants, follow up with sources, and feedback on disposition of applicants. 5. A special effort shall be made to include qualified disabled persons on the personnel relations staff. 6. Disabled employees shall be made available for participation in career days, youth motivation programs, and related activities in their communities. 7. Recruiting efforts at all schools shall include special efforts to reach disabled students. 8. An effort shall be made to participate in work study programs with rehabilitation facilities and schools which specialize in training or educating disabled individuals. 9. The City of Prior Lake shall use all available resources to continue or establish on-the-job training programs. Chief Exec. Officer Date AA Officer Date 31 . I , APPENDIX A RECRUITMENT RESOURCES Grace Jaggers Occupational Skills Training Center 1006 West Lake Street Minneapolis, MN 55408 (348-4037) Labor Education Advancement Program Minneapolis Urban League (South Office) 4098 East 38th Street Minneapolis, MN 55409 (827-5673) John Brunier Labor Education Advancement Program Minneapolis Urban League (North Office) 1210 Glenwood Avenue North Minneapolis, MN 55405 (347-2530) Upper Midwest American Indian Center 1113 West Broadway Minneapolis, MN 55411 (522-4436) Job Bank 5th Floor 390 North Robert Street St. Paul, MN 55101 (296-8400) Working Opportunities for Women Colonial Office Park 2700 University Avenue St. Paul, MN 55114 Minnesota Department of Jobs & Training Evon M. Minelli Southtech Plaza 9401 James Avenue South, Suite 185 Bloomington, MN 55431 (341-7511) 36 Kateri Indian Women's Residence 2408 4th Avenue South Minneapolis, MN 55404 Wings Attn: Angie Bacalino 4167 Lyndale Avenue North Minneapolis, MN 55412 Minneapolis Urban League On The Job Training 2000 Pheasant Avenue North Minneapolis, MN 55411 Native American Center 1530 Franklin Avenue East Minneapolis, MN 55401 Centro Cullinera Chicano Attn: Laura Simpson 1704 Dupont Avenue North Minneapolis, MN 55411 Sister Kenny Institute Projects With Industry 800 East 20th Street Minneapolis, MN 55407 Mdewakanton Sioux Community 2330 Sioux Trail NW Prior Lake, MN 55372 FVS Attn: Tan Chau 1821 University Avenue St. Paul, MN 55403 37 APPENDIX B MEDIA SOURCES Minneapolis Star/Tribune 425 Portland Avenue Minneapolis, MN 55415 St. Paul Pioneer Press 55 East 4th Street St. Paul, MN 55101 Bumsville This Week 1525 East Highway 13 Bumsville, MN 55337 Prior Lake American 16173 Main Avenue SE Prior Lake, MN 55372 38 APPENDIX C SAMPLE LEITER TO SUPPLIERS, VENDORS AND CONTRACTORS INDICATING lHE CTIY OF PRIOR LAKE"S AFFIRMATIVE ACTION POLICY The City of Prior Lake, Minnesota, hereby notifies all sub-grantees, contractors, and vendors with which it does business that it has adopted a policy that will not discriminate in employment practices on the basis of race, color, creed, religion, national origin, sex, age, marital status, public assistance status, veteran status, handicap or disability; that it has agreed to take affmnative action to recruit minorities, omen and handicapped person into its employment; and that it will transact business only with fInns who have adopted similar non-discriminatory and Mfirmative Action Policies. Please infonn us of the following infonnation by (date): 1. The number of employees in your fmn. 2. Has your firm fIled the Equal Employment Opportunity Information report EEO-l for the period ending June 30, 1987. 3. Has your fmn adopted the written Mfirmative Action Program? If your fmn has adopted an Affmnative Action Program, has your program been subject to Federal equal opportunity review? Sincerely, Frank Boyles City Manager " An Affmnative ActionfEqual Opportunity Employer" 39