City of Middletown, CT
Middlesex County
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Table of Contents
Table of Contents
[Added 7-6-1982; amended 3-2-1987]

§ 74-11 Policy and purpose.

It is the public policy of the City of Middletown to foster equal opportunity for all its citizens to obtain meaningful employment and attain economic security without regard to race, color, religion, age, sex, marital status, ancestry, national origin or physical or mental disability. It is the responsibility of government to assure that every individual is afforded an equal opportunity to enjoy a full and productive life, and the failure to provide such equal opportunity, whether because of discrimination, prejudice, intolerance or inadequate education, training, housing or health care, not only threatens the rights and privileges of our inhabitants but menaces the institutions and foundations of a free democratic society and threatens the peace, order, health, safety and general welfare of our inhabitants. In recognition of its responsibility to take affirmative action, the City of Middletown shall recruit, hire, train and promote persons in all job classifications without regard to race, color, age, sex, marital status, religion, ancestry, national origin or any physical or mental disability, except in the case of a bona fide occupational qualification or need.

§ 74-12 Affirmative action plan.

[Amended 8-2-1999]
The City of Middletown shall abide by the affirmative action plan adopted by the Common Council by ordinance on July 6, 1982, and filed in the City/Town Clerk's office. Said plan shall be reviewed each year at the regular July meeting of said Council. The affirmative action plan shall be amended or reaffirmed, and the plan as amended or reaffirmed shall be filed with the City/Town Clerk within 10 days after adoption by the Common Council.

§ 74-13 Affirmative action policy statement.

A. 
The employment policies and practices of the City of Middletown are to recruit and employ persons without discrimination based on race, color, religious creed, age, marital status, national origin, ancestry, sex (including pregnancy), transgender status, gender identity or expression, intellectual disability or physical disability, including, but not limited to, blindness, unless it is shown that such disability prevents performance of work involved, political belief, Vietnam Era Veteran status, union membership, genetic history, criminal record (unless the provisions of § 46a-60, 46a-80(b) or 46a-81 of the Connecticut General Statutes are controlling or there is a bona fide occupational qualification excluding persons in one of the protected groups), present or past history of mental or physical disability, or sexual orientation in any manner prohibited by the laws of the United States or of the State of Connecticut or the City of Middletown. No employee shall be subjected to sexual harassment by others in seeking to attain employment or while being employed. Such actions shall include, but not be limited to, the following:
[Amended 2-3-2003; 6-3-2013 by Ord. No. 14-13]
(1) 
Employment upgrading, demotion or transfer;
(2) 
Recruitment or recruitment advertising;
(3) 
Lay-off or termination;
(4) 
Rates of pay or other forms of compensation; and
(5) 
Selection for training, including, apprenticeship, if any.
B. 
The City of Middletown emphasizes this policy to assure compliance with the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967, Presidential Executive Orders 11246 and 11375, the Connecticut Fair Employment Practices Act (C.G.S. § 46A-60, as amended), the Vocational Rehabilitation Act of 1974, Title IX of the Education Amendments of 1972, the federal laws and/or Connecticut General Statutes (Title 27, Part IA, C.G.S. §§ 27-103) relating to any and all veterans, Title VII and Title VIII of the Public Health Service Act, and the City of Middletown ordinances as set down in this chapter, and all other laws which pertain to equal employment opportunity. The City of Middletown recognizes that certain positive steps must be taken and it will, therefore, undertake a program of affirmative action to make known its commitment in this regard.
C. 
The City of Middletown will additionally assert its leadership within the Community to achieve full employment and effective utilization of the capabilities and productivity of all persons without regard for race, color, religious creed, age, marital status, national origin, ancestry, sex (including pregnancy), transgender status, gender identity or expression, intellectual disability or physical disability, including, but not limited to, blindness, unless it is shown that such disability prevents performance of work involved, political belief, Vietnam Era Veteran status, union membership, genetic history, criminal record (unless the provisions of § 46a-60, 46a-80(b) or 46a-81 of the Connecticut General Statutes are controlling or there is a bona fide occupational qualification excluding persons in one of the protected groups), present or past history of mental or physical disability, or sexual orientation in any manner prohibited by the laws of the United States or of the State of Connecticut or the City of Middletown.
[Amended 2-3-2003; 6-3-2013 by Ord. No. 14-13]
D. 
The Affirmative Action Officer and management of the City share in the responsibility of developing, implementing and achieving the equal opportunity and affirmative action programs as described herein for the City of Middletown under the direction of the City's Affirmative Action Officer.
E. 
It will be the responsibility of the Affirmative Action Monitoring Committee to monitor the City's personnel practices, programs, and contracts for compliance with the equal opportunity laws. The Affirmative Action Officer, acting in his/her capacity as Director of the Equal Employment Opportunities Program, will review and analyze these programs to detect any problem areas, as described herein, and recommend and assist in the necessary corrective action to be taken in the resolution of said problems. Said Affirmative Action Officer shall recommend to the Mayor and the Common Council, in writing, timetables and goals and recommend the required follow-up action to be taken to provide full compliance with the equal opportunity laws and the affirmative action programs of the City of Middletown.

§ 74-14 Responsibility for implementation.

A. 
Mayor. Ultimate responsibility for achievement of equal employment opportunity in the City, through this affirmative action plan and otherwise, is assigned to the Mayor as Chief Executive Officer. The Mayor shall appoint the Affirmative Action Officer with the consent of the Common Council.
B. 
Affirmative Action Officer. The Mayor assigns responsibility for the day-to-day operation and implementation of this plan to the Affirmative Action Officer.
(1) 
The responsibilities of the Affirmative Action Officer, also referred to herein as the "AAO," may include, among other things:
(a) 
Development and updating of a written affirmative action plan and assuring that it conforms with all applicable laws and regulations.
(b) 
General coordination of programs established under the plan.
(c) 
Collecting, analyzing, and the proper publishing of all statistical data called for in this plan.
(d) 
Preparation of all government reports required with regard to equal employment opportunity in the City and to the operation of this plan.
(e) 
Assistance to the department heads and the appointing authority who need technical advice or support in meeting their responsibilities under this plan and applicable laws and regulations generally.
(f) 
Establishment of liaison with nonprofit minority and women's organizations which specialize in recruiting minorities and with such organizations capable of producing qualified minority and women applicants for employment by the City and regular evaluation of the effectiveness of such organizations.
(g) 
Annual or more frequent review of employment practices in the City and of such related documents as job descriptions, application forms, job announcements, etc., to help assure that any such practices which may have discriminatory impact are eliminated or modified.
(h) 
Assistance to the Human Resources Division in the Office of the General Counsel in development of affirmative recruitment programs to help achieve its goals under this plan.
[Amended 5-2-2013 by Ord. No. 10-13]
(i) 
Preparation of a written quarterly report on affirmative action in the City for submission to the Mayor, Common Council and Affirmative Action Monitoring Committee, for review and publication.
(2) 
The Affirmative Action Officer shall report to and attend all the meetings of the Affirmative Action Monitoring Committee and shall provide necessary staff assistance to said Committee.
C. 
Director of Human Resources. The Director of Human Resources is responsible under this plan to take the following actions:
[Amended 5-2-2013 by Ord. No. 11-13]
(1) 
To maintain all central personnel records in a manner consistent with applicable employment practice laws and regulations and with the requirements of this plan.
(2) 
To develop and maintain all personnel directives in a manner that is consistent with applicable laws and regulations and with this plan.
(3) 
To review periodically the City's classification plan, compensation plan, procedures, benefit packages, leave policies, training and career development programs, and other employment practices to assure that all such practices conform with current legal and regulatory requirements and the provisions of this plan.
(4) 
To assist the Affirmative Action Officer in:
(a) 
The development and updating of a written affirmative action plan and assure that it conforms with all applicable laws and regulations.
(b) 
The general coordination of programs established under the plan.
(c) 
Collecting, analyzing and the proper publishing of all statistical data called for in the plan.
(d) 
The preparation of all government reports required with regard to equal employment opportunity in the City and to the operation of the plan.
(e) 
The annual or more frequent review of employment practices in the City and of such related documents as job descriptions, application forms, job announcements, etc., to help assure that any such practices which may have a discriminatory impact are eliminated or modified.
(f) 
The preparation of a written quarterly report on affirmative action in the City for submission to the Mayor, Common Council and Affirmative Action Monitoring Committee, for review and publication.
(5) 
To report to and attend the meetings of the Affirmative Action Monitoring Committee.
(6) 
To provide all information requested to the Affirmative Action Officer within 10 days unless a further extension is granted, in writing, by the Mayor.
D. 
Affirmative Action Monitoring Committee. A heterogeneous five-member bipartisan committee consisting of persons who have some understanding of personnel matters and who are not City employees but who are residents of the City of Middletown shall be appointed by the Mayor with the consent of the Common Council for a three-year term, to act as the Affirmative Action Monitoring Committee for the purpose of monitoring the City's efforts in affirmative action. This Committee shall also have the responsibility of advising the Mayor in all matters relating to the implementation and operation of equal employment opportunity and affirmative action in the City government and in the execution of this plan. The Affirmative Action Officer will be responsible to the Committee for reviewing and analyzing the affirmative action program to detect any problem areas and recommend and assist in any corrective action to be taken in the resolution of these problems. The Affirmative Action Officer will review and analyze the timetables and goals to assure that the City is in compliance with the equal opportunity laws and report his/her findings, in writing, to the Affirmative Action Monitoring Committee, the Mayor and the Common Council.

§ 74-15 Utilization analysis.

A. 
In compliance with applicable government regulations, and as set forth in this plan, the City of Middletown will conduct a utilization analysis.
B. 
The analysis will be conducted separately for minority group members and women and will be constructed to determine, on both a City-wide and departmental basis, the extent to which minority group members and women have been employed in the major job categories by the City at rates which are consistent with their availability in the relevant labor market. The utilization analysis should be updated periodically and at least annually.

§ 74-16 Deficiency identification audit.

A. 
The City of Middletown will examine all classification, qualification, recruitment, hiring, promotional and other employment practices in order to identify all such practices which may have contributed to the underutilization of minorities and women. Any practices which have an adverse impact on the employment of minorities and/or women will be replaced with practices which do not have an adverse impact on the employment of minorities and/or women. Initially and periodically, the specific practices to be examined will include the following:
(1) 
The procedures by which job descriptions and minimum experience and training requirements are established for new positions.
(2) 
The recruitment system, including the procedures by which both the Human Resources Division in the Office of the General Counsel and the appointing authority assure affirmative action in recruitment and appointment.
[Amended 5-2-2013 by Ord. No. 10-13]
(3) 
All application forms and related applicant processing documents.
(4) 
All written pre-employment and promotional tests.
(5) 
All criteria utilized as disqualifying factors for employment.
(6) 
All procedures utilized in offering opportunities for advancement within the City government.
B. 
In coordinating the review of these practices the AAO will work in close consultation with the Director of Human Resources, the Affirmative Action Monitoring Committee and the Mayor. The results of this review shall be reported in writing to the Mayor and the Common Council.
[Amended 5-2-2013 by Ord. No. 11-13]

§ 74-17 Affirmative recruitment.

A. 
The City of Middletown recognizes that preferential hiring on the basis of minority status or sex would be unlawful, even as a means of addressing underutilization of minorities or women. Accordingly, the City will undertake a vigorous program of affirmative recruitment for minority group members and women in all job categories which are found to have been underutilized. Whether or not such underutilization currently exists, the City will conduct an expanded program of open recruitment in all positions to avoid possible discriminatory effects.
B. 
The City of Middletown's affirmative recruitment program will include, but not be limited to, the following actions:
(1) 
Development of search strategies for qualified minorities and women for executive level appointments.
(2) 
Positive affirmative recruitment plans.
(3) 
Open posting of vacancy announcements.
(4) 
Broad public announcements of vacancies, which should include the forwarding of copies of the same to all interested minority and women's organizations.
(5) 
Recruitment at minority and women's colleges and universities.
(6) 
Monitoring of each high-level position recruitment.

§ 74-18 Nepotism policy.

The City of Middletown will not prohibit employment of relatives in the municipal government, provided that neither relative participates in making recommendations or decisions specifically affecting the appointment, retention, work assignments, promotion, demotion, salary, or working conditions of the other relative.

§ 74-19 Job qualifications and testing.

[Amended 5-2-2013 by Ord. No. 11-13]
A. 
The Director of Human Resources, with the assistance of the AAO and Affirmative Action Monitoring Committee, will conduct and/or coordinate a review of all job descriptions, minimum experience and training requirements, job qualifications, and written and oral tests to determine which have an adverse effect in the hiring of any group on the basis of sex or race.
B. 
In conducting or coordinating the review, the Director of Human Resources, with the assistance of the AAO and the Affirmative Action Monitoring Committee, will analyze each job by actual tasks performed and the skill levels needed to perform those tasks. If a determination is made that a job description or set of qualifications has an adverse effect on minorities or women and is not job related, the Director of Human Resources will take the necessary steps on behalf of the City to suspend further use of the qualifications.
C. 
The AAO and Affirmative Action Monitoring Committee may make recommendations regarding the content of jobs and the impact of qualifications for them.
D. 
In order to assure that the adverse effects of any written tests used by the City are detected, the Director of Human Resources, in consultation with the AAO, will maintain records of the pass/fail grades by race and sex of all individuals who take the tests. The AAO will advise the Mayor, the Director of Human Resources and the Affirmative Action Monitoring Committee if any test appears to have an adverse impact on minorities or women.

§ 74-20 Career development.

An equitable distribution of minorities and women throughout all job classifications will be the result of initial assignments and subsequent transfers, promotions, and training. To assure that minorities and women are given access to all positions in the City, the following practices and policies shall apply:
A. 
Initial referrals for job interviews in various departments will be made with deliberate consideration of affirmative action goals.
B. 
All employees will be permitted to apply, through transfers and promotions, for favorable positions in the City without advance approval by, or notice to, the present supervisor.
C. 
All employees who apply and are not selected for such positions will be so informed in writing.
D. 
The Director of Human Resources and the AAO, with the assistance of the Affirmative Action Monitoring Committee, will develop a program to provide advancement to all lower-level employees.
[Amended 5-2-2013 by Ord. No. 11-13]
E. 
In-service training, tuition reimbursement, and similar programs will be reviewed periodically by the Affirmative Action Officer and the Affirmative Action Monitoring Committee for possible improvements to better achieve the purposes of this plan.
F. 
The Human Resources Division in the Office of the General Counsel will develop and maintain specific career ladders to assure that minorities and women will not be relegated to "dead-end" jobs.
[Amended 5-2-2013 by Ord. No. 10-13]

§ 74-21 Classification review.

A. 
The City of Middletown is committed to the principle that individual employees should be compensated according to the value of their work.
B. 
In order to assure that individuals performing the same work under comparable conditions are paid on an equal basis, the Director of Human Resources will see that all classifications are continually reviewed and will take the following actions:
[Amended 5-2-2013 by Ord. No. 11-13]
(1) 
On the basis of job analyses determine whether each employee is properly classified.
(2) 
Seek written justification for any unjustified disparities in classification which appear to exist.
(3) 
Recommend reclassification of any employees who are determined to be classified lower than the level which is consistent with the value of their work.
(4) 
Review and make recommendations with regard to any employee's request to have his or her classification adjusted.

§ 74-22 Equal benefits.

A. 
The Human Resources Division in the Office of the General Counsel, the AAO and/or the Affirmative Action Monitoring Committee will review, at least annually, all benefits for employees of the City to assure that all benefits are available to employees without discrimination. The review will include all medical, hospital, accident and life insurance programs as well as any other benefits provided by the City.
[Amended 5-2-2013 by Ord. No. 10-13]
B. 
The City will not knowingly participate in any medical insurance programs that discriminate unlawfully with regard to coverage of any illness or disability.
C. 
The City will not knowingly participate in any retirement, pension, insurance, or other similar benefit program unless the benefits from the City's contributions are equal for all employees without unlawful discrimination because of sex, sexual orientation or other covered grounds.
[Amended 2-3-2003]

§ 74-23 Leave policies.

A. 
All leave policies of the City of Middletown will be formulated and administered without discrimination on the basis of sex, sexual orientation or any other prohibited ground.
[Amended 2-3-2003]
B. 
Pregnancy, miscarriage, therapeutic abortion, child birth, and recovery therefrom will be considered by the City as temporary physical disabilities under the City's leave programs.
C. 
In the case of any temporary physical disability, all classes of employees will be granted leave on a basis which does not discriminate. Leave usage shall proceed in the following order: all accrued sick leave, followed by use of all accrued annual leave, and finally leave without pay. All of these shall be granted without discrimination. Employees granted leave under these circumstances will retain all employment rights in their current positions until the authorized period of leave without pay has expired.
D. 
The City will not maintain any written or unwritten policy which excludes applicants or employees from employment with the City because of pregnancy. Also, employees who are pregnant will not be required to stop work at a time other than that specified by their personal physicians, provided they can perform the duties for which they are employed.
E. 
Extended leaves of absence without pay will be granted without discrimination because of sex, sexual orientation or any other prohibited ground.
[Amended 2-3-2003]

§ 74-24 Goals and timetables.

A. 
The City of Middletown will establish goals and timetables relating to the employment of minorities and women in each major job category in which they are underutilized by the City.
B. 
The goals and timetables will be stated as projections of the likely representation of minorities and women which will exist on specified dates in covered positions as a result of the City's good faith efforts to meet all aspects of its affirmative action plan.
C. 
The projections will be based on the utilization analysis referred to in § 74-15 above as a result of expected turnover.
D. 
The City's goals and timetables will not be developed or administered as quotas, nor will they be administered in a manner which discriminates in hiring, appointing, or promoting any individual on grounds of race, color, religion, sex, sexual orientation or national origin.
[Amended 2-3-2003]
E. 
Goals and timetables will be projected, for appropriate positions, for women and racial and ethnic minorities. Goals and timetables will not be projected, and utilization analysis will not be conducted, on the basis of religion, age, disability, veteran status or sexual orientation.
[Amended 2-3-2003]

§ 74-25 Relationships with unions and contractors.

A. 
Nothing in this plan should be interpreted as invalidating any lawful provision of any contract existing between the City and a union or other duly established bargaining agent of employees. The City will not knowingly be a party to a collective bargaining agreement which violates equal employment opportunity laws and regulations to which the City is subject. The appropriate officials of all unions and other bargaining agents will be provided copies of this affirmative action plan.
B. 
All contractors having contracts with the City and its various agencies who are subject to Executive Order 11246 as well as any applicable state or local law or regulation regarding nondiscrimination in government contracts will be advised of the City's policy of nondiscrimination and of the contractor's obligation thereunder.

§ 74-26 Staff orientation in equal employment opportunity.

A. 
Responsible supervisory personnel will be given orientation sessions regarding the provisions of the plan, applicable local, state, and federal regulations and equal employment opportunity law generally.
B. 
Responsible supervisory personnel will also be provided with copies of this plan. Update sessions will be held periodically, but not less than once annually, with responsibility for equal employment opportunity orientation and training sessions assigned to the Affirmative Action Officer and the Director of Human Resources with the assistance of the Affirmative Action Monitoring Committee.
[Amended 5-2-2013 by Ord. No. 11-13]
C. 
The Affirmative Action Officer and all employees in the Human Resources Division in the Office of the General Counsel who have any responsibilities in the selection process will receive the equivalent of at least one full day of orientation regarding this affirmative action plan, as well as general training with regard to the provisions for equal employment laws.
[Amended 5-2-2013 by Ord. No. 10-13]
D. 
Special meetings or orientation sessions will be organized to inform non-supervisory personnel and employees of their rights and obligations under the City's affirmative action plan.

§ 74-27 Dissemination of plan.

A. 
This affirmative action plan is a public document. One or more copies of this document will be kept on file at the Mayor's office, the City/Town Clerk's office, the Public Library, the Human Resources Division in the Office of the General Counsel, and such other offices as the Affirmative Action Officer shall deem appropriate. It shall be made available to interested persons upon request.
[Amended 5-2-2013 by Ord. No. 10-13]
B. 
A copy of the plan will be given to each responsible department head. They in turn will be requested to review the plan, make its contents known to all supervisors in the department, and to acknowledge that they have taken those steps.
C. 
A brief summary of the policy statement and plan will be prepared by the Affirmative Action Officer and circulated to all present employees. New employees will receive a copy as they are hired.
D. 
External recruitment sources used by the City, including unions, colleges, universities and organizations specializing in the recruitment of minorities and women, will be informed of the City's nondiscrimination policy and affirmative action plan. They will be provided with copies of the policy statement and requested to refer minorities and women for all positions listed by the City.
E. 
Additional steps in dissemination may be taken from time to time by the Affirmative Action Officer.

§ 74-28 Monitoring performance.

[Amended 5-2-2013 by Ord. No. 10-13; 5-2-2013 by Ord. No. 11-13]
A. 
The Human Resources Division in the Office of the General Counsel, under procedures developed by the Affirmative Action Officer and the Director of Human Resources with the assistance of the Affirmative Action Monitoring Committee, will maintain at least the following records in support of this affirmative action plan:
(1) 
Applicant flow by race, sex, national origin and source of applicants.
(2) 
Test scores and rankings on eligibility lists by race, sex, and national origin.
(3) 
Hires by race, sex, and national origin.
(4) 
Initial placement after hired, department to which assigned, and position by race, sex and national origin.
(5) 
Transfers and promotions by race, sex, and national origin.
(6) 
Voluntary and involuntary terminations by race, sex, and national origin.
B. 
Exit interviews. Exit interviews will be conducted of all employees leaving the employ of the City of Middletown to determine the reason(s) for leaving.
C. 
The Affirmative Action Officer, the Director of Human Resources and the Affirmative Action Monitoring Committee will review all of the above records at least quarterly to assure compliance with this plan, and if compliance is not being obtained, the Affirmative Action Officer, the Director of Human Resources and the Affirmative Action Monitoring Committee shall recommend to the Mayor the action necessary to bring the plan into compliance.
D. 
All appropriate reports on affirmative action will be circulated to all supervisory and managerial personnel. The Affirmative Action Officer will make personal contact with each department head whose department appears to have significant deficiencies in affirmative action, seek explanations for the deficiencies, and offer assistance in overcoming them where appropriate.