[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town
of Dover 10-25-1977. Amendments noted where applicable.]
The Town of Dover does hereby reaffirm its statement of policy adopted
on October 11, 1977, that ensures equal opportunity in employment for all
persons and prohibits discrimination in employment because of color, race,
religion, sex and national origin and promotes the full realization of equal
employment opportunity through a continuing policy of equal employment opportunity
practices in all departments of the town. Equal opportunity is an integral
part of every aspect of personnel policy and practices in the recruitment,
employment, advancement and treatment of employees and prospective employees
of the Town of Dover to the maximum extent possible in keeping with the New
Jersey State Civil Service Rules and Regulations.
[1]
Editor's Note: See Ord. No. 80-20, which provided for the adoption
of the Affirmative Action Plan of the Town of Dover, prepared by the State
of New Jersey Department of Civil Service, which plan is on file in the town
offices and can be examined there during regular office hours.
As used in this chapter, the following terms shall have the meanings
indicated:
Affirmative Action Officer.
Affirmative Action Program.
An employee's or applicant's dissatisfaction with any request
for redress from an act or failure to act on the part of management, which
has affected an individual personally and adversely; a charge of general discriminatory
practices filed by an organization.
Acting, or failing to act, or unduly delaying any action regarding
any employee or applicant for employment because of race, color, religion,
sex, national or ethnic origin, age, physical disability or membership in
lawful organizations, in such a way that a person is adversely affected in
the area of employment with the town government, except where their membership
in one of these classes is a bona fide obstacle to job performance.
Equal employment opportunity.
The officer who is designated AAO and is responsible for directing
all EEO and affirmative action programs for the town government. Whenever
"AAO" (Affirmative Action Officer) is used herein, it shall mean and refer
to the "Equal Employment Officer" (EEO).
A broad-based group of town employees and municipal representatives
to advise the AAO and render decisions in formal EEO complaint cases.
Specifies the cultural, regional, ethnic minority as defined by the
Appalachian Commission.
Any inquiry, forum, investigation or meeting held by the EEOAC at
which compulsory adopted processes are invoked and a record is prepared for
the purpose of the EEOAC's final decision.
Any inquiry, forum, investigation or meeting conducted by the AAO
at which compulsory processes are not invoked and a record is not prepared
for the purpose of providing the basis of the AAO's final decision.
Any member of an affected class by virtue of past discrimination
on the basis of race, color, religion, sex, national or ethnic origin.
The goal of this policy is ultimately to establish and maintain an integrated
and balanced work force, throughout the town, representing women, Hispanics
and other minorities, that will effectively meet the needs of the citizens
of the Town of Dover.
A.
The objectives of this Affirmative Action Chapter are
to:
(1)
Establish responsibility for and provide guidelines for
implementation and conduct of the Town of Dover's Affirmative Action
Program (AAP).
(2)
Establish realistic program goals; a career development
program; and to develop and maintain a vigorous recruitment program for the
Affirmative Action Program (AAP).
(3)
Obtain statistical information from all town departments
and to evaluate and analyze their needs.
(4)
Evaluate personnel practices and selection processes
that may be discriminatory or may place artificial barriers to the employment
of women, Hispanics and other minorities.
(5)
Implement and maintain an informational program for town
employees and the general public on the Town of Dover's Affirmative Action
Program (AAP).
B.
The long-range goal of the Town of Dover is to achieve
equitable representation of women, Hispanics and other minorities at all job
levels of town employment and in specific occupational areas that will be
consistent with both population and/or available work force.
A.
Affirmative Action Officer.
(1)
Creation of position.
(a)
There is hereby established in the Town of Dover the
position of Affirmative Action Officer (AAO).
(b)
The Affirmative Action Officer (AAO) shall serve at the
pleasure of the Mayor and Board of Aldermen.
(c)
The Affirmative Action Officer (AAO) may hold more than
one position in the Town of Dover as long as said positions are not incompatible
with each other.
(2)
Duties of the Affirmative Action Officer.
(a)
The Affirmative Action Officer (AAO) shall be responsible
for the planning, development and implementation of the Affirmative Action
Plan for the Town of Dover.
(b)
The Affirmative Action Officer (AAO) shall collect and
maintain statistics on the equal employment opportunity effort of the town
and shall establish a periodic reporting system to measure the implementation
and progress of the AAP.
(c)
The Affirmative Action Officer (AAO) shall review the
town's personnel management practices at regular intervals to ensure
their conformity with national, state and local EEO laws and policies and
Civil Service Rules and Regulations.
(d)
The Affirmative Action Officer (AAO) shall review and
evaluate municipal direction and supervisory performance with respect to the
positive application and vigorous enforcement of the policy of EEO.
(e)
The Affirmative Action Officer (AAO) shall develop and
monitor the upward and lateral mobility program for town employees.
(f)
The Affirmative Action Officer (AAO) shall coordinate
and approve all training relative to the AAP.
(g)
The Affirmative Action Officer (AAO) shall serve as adviser
to the Equal Employment Opportunity Advisory Committee and attend its meetings.
(h)
The Affirmative Action Officer (AAO) shall establish
contact with community groups, organizations and individuals and encourage
the involvement of these groups in the town EEO programs.
(i)
The Affirmative Action Officer (AAO) shall assist town
and department heads in establishing realistic goals and guidelines essential
to attainment of the objectives of the town's AAP.
(j)
The Affirmative Action Officer (AAO) shall confer with
department heads to determine whether or not there is under-utilization of
women, Hispanics and other minorities, and if such under-utilization exists,
the Affirmative Action Officer (AAO) shall recommend corrective action.
(k)
The Affirmative Action Officer (AAO) shall review the
recruitment, selection, testing and promotional practices in the town and
identify and recommend the corrective actions needed to eliminate discrimination
and artificial barriers to EEO within the town.
(l)
The Affirmative Action Officer (AAO) shall periodically
evaluate the effectiveness of departmental affirmative action efforts.
(m)
The Affirmative Action Officer (AAO) shall assure that
all contractors, subcontractors and suppliers of goods and services to the
town certify that they are equal opportunity employers of minorities and females
and meet all state and federal Laws.
B.
Equal Employment Opportunity Advisory Committee (EEOAC).
(1)
Establishment and duties of Committee.
(a)
There is hereby established an Equal Employment Opportunity
Advisory Committee consisting of a broad-based group of employees and municipal
representatives to serve as an advisory body to the AAO and the Mayor and
Board of Aldermen.
(b)
The Equal Employment Opportunity Committee's objective
is to facilitate equal employment opportunity for all employees in the Town
of Dover.
(c)
The Affirmative Action Officer shall nominate the members
of the Equal Employment Opportunity Advisory Committee (EEOAC) to the Mayor
and Board of Aldermen. The Mayor and Board of Aldermen shall appoint, by resolution,
the members of the Equal Employment Opportunity Advisory Committee who shall
serve at the pleasure of the Mayor and Board of Aldermen and who shall consist
of:
(2)
Responsibilities of the Equal Employment Opportunity
Advisory Committee. As minimum steps in the discharge of its responsibilities,
the EEOAC will:
(a)
Ensure that the AAP is distributed to all current and
future town employees.
(b)
Identify and publicize opportunities for town employees
to be involved in EEO activities.
(c)
Conduct a regular review of the AAP quarterly and yearly
and recommend to the AAO and the Mayor and Board of Aldermen improvements
for its effectiveness.
(d)
Hold open committee meetings at least once a quarter.
(e)
Recommend appropriate action to the AAO, to meet problems
associated with supervisory and management practices found to be in need of
improvement.
(f)
Recommend methods to the AAO by which the town could
take a more specific and innovative approach in the employment, promotion,
training and utilization of women, Hispanics and other minorities.
A.
It is the policy of the Town of Dover that an aggressive
recruitment program to attract women, Hispanics and other minorities is hereby
established. It is the primary responsibility of the AAO to establish the
recruitment program. The Affirmative Action Officer and all departments of
the Town of Dover will support this effort as it relates to their individual
needs.
B.
Methods utilized in carrying out recruiting efforts shall
be expanded to include, but not be limited to, the following:
(1)
Dissemination of notices of town job openings to women,
Hispanics and other minority group organizations serving the minority community.
(2)
Establish and maintain a mailing list consisting of minority
organizations; women's groups; governmental agencies; educational institutions;
and other related agencies that direct themselves to the employment of women,
Hispanics and other minorities.
(3)
Develop and maintain a list of prominent locations in
the minority community for the posting of job announcements.
(4)
Establish cooperative working relationships with Manpower
programs operating within the community.
A.
The Town of Dover, a municipal corporation of the State
of New Jersey, is a town governed by the Rules and Regulations of the New
Jersey Civil Service Commission.
B.
Examinations for employment and promotions will be conducted
by the New Jersey State Civil Service Commission as provided for under its
regulations.
C.
The New Jersey Civil Service Commission shall be requested
to perform an updated job audit at least every five years in order to ensure
that no discriminatory practices, artificial barriers or improper job qualifications
will prevent the employment of women, Hispanics and other minorities.
D.
The selecting process of all qualified applicants is
monitored by the New Jersey State Civil Service Commission.
A.
Protection from adverse actions. All employees shall
be free from any and all restraint, interference, coercion or reprisal on
the part of their associates, supervisors and department heads in making any
complaint or appeal, in serving as representatives of a complainant, in appearing
as witnesses or in seeking information. The above principles apply with equal
force after a complaint has been adjudicated.
B.
Resolution of complaints. Complaints of discriminatory
actions and practices shall be resolved through either an informal process
under the guidance of the AAO or a formal process conducted by the EEOAC,
or a combination of both.
(1)
Informal process. The AAO is designated to act in an
effort to mediate or conciliate informal complaints. However, informal complaints
should be resolved generally at the department or supervisory level with the
concurrence of the AAO.
(a)
The AAO shall promptly consider each complaint filed
with his office. If, after the investigation of the complaint, the AAO concludes
that the complaint is not valid or no discriminatory act has occurred, he
may dismiss the charge. Any complainant adversely affected by the dismissal
of the charge retains all other administrative and legal remedies.
(b)
If, after a consideration of the complaint, the AAO believes
that an act of discrimination may have occurred, within (15) workdays after
said determination is made, the AAO shall personally attempt to conciliate
the matter. If the parties to the complaint agree on a resolution by way of
conciliation, the terms of such resolution shall be set forth in a written,
enforceable consent agreement which shall not constitute an admission of committing
a discriminatory act. If either the respondent or the complainant fails to
comply with any obligation or requirement which forms part of any such decision,
said decision may be enforced by executive order from the Office of the Mayor.
(2)
Formal process.
(a)
Any informal complaint not adjudicated to the satisfaction
of either or both parties by the AAO may thereafter be handled through formal
complaint procedures as well as other administrative and legal remedies.
(b)
Formal hearings may be convened in cases in which conciliation
or mediation has failed or where either party so requests. A formal complaint
shall be submitted in writing, signed, stating the basis for the complaint.
However, a statement from the complainant describing the conduct and/or conditions
complained of with greater particularity may be required by the AAO.
(c)
Formal hearing procedure.
[1]
Step one. A complaint of discrimination shall initially
be referred to the EEOAC by the AAO. The Equal Employment Opportunity Advisory
Committee Chairman shall consult with Committee members to ascertain the date,
time and place for the hearing. All hearings shall be conducted in accordance
with the administrative hearing procedures as set up by the EEOAC. Written
notification of the hearing shall be given to both the complainant and the
respondent and shall include date, time and place of hearing. The hearing
shall be recorded, and the complainant and respondent shall be permitted to
have access to the record, but any transcription requested by either party
shall be at that party's expense. Both parties, or their representatives,
and members of the EEOAC shall be permitted to question all witnesses and
to present all relevant evidence. After hearing all of the evidence and arguments,
the Committee will have prepared a written decision based solely on the evidence
presented at the hearing.
[2]
Step two. The EEOAC Chairman shall certify the decision
of the Committee and dispose of it within 10 days by notifying the complainant
and respondent in writing of the decision.
[3]
Step three. Within five days of notification of the decision
made by the Committee, the complainant, if having determined that the decision
has not rendered satisfactory judgment, shall be advised in writing by the
EEOAC Chairman of his further rights of appeal to state and federal agencies.
(d)
All complaints shall be submitted within 60 calendar
days of the alleged discriminatory act giving rise to the complaint, and the
AAO is charged to notify the accused party of the particulars of such complaint
within seven working days from the time of its submission.
(e)
A complainant may request in writing that an individual
or an organization represent him in the processing of his complaint. The complainant
shall be entitled to the advice of such representative at all stages in the
proceedings. If the representative designated by the complainant is an employee
of the town government, such employee, as well as an employee-complainant,
shall have a reasonable amount of administrative leave with pay, if he is
in pay status, for the purpose of appearing at any hearing on the complaint
or conciliation effort. The rights and privileges set forth in this subsection
shall also be available to any person whose alleged conduct is the cause of
the complaint. Any person or organization requested to serve in a representative
capacity retains the right to deny such request.
