[HISTORY: Adopted by the Township Committee of the Township of Hamilton
12-27-1976 by Ord. No. 573-76. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any employee or applicant 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
practice 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 township, except where membership in one of
these classes is a bona fide obstacle to job performance.
A broad-based group of township employees and municipal and public
representatives to advise the Equal Employment Opportunity Officer and Township
Committee and render decisions in formal complaint cases.
The officer who is designated EEO Officer and is responsible for
directing all EEO and affirmative action programs for the township. This term
is used interchangeably throughout this chapter and refers to the same individual.
Specifies a cultural, regional ethnic minority as defined by the
Appalachian Commission.
Any inquiry, investigation or meeting held by the Equal Employment
Opportunity Advisory Commission at which compulsory adopted processes are
involved and a record is prepared for the purpose of the Equal Employment
Opportunity Advisory Commission's final decision.
Any inquiry, investigation or meeting conducted by the Equal Employment
Opportunity Officer, in which compulsory processes are not invoked and a record
is not prepared for the purpose of providing the basis of the Equal Employment
Opportunity Officer's final decision.
Any member of an affected class by virtue of past discrimination.
The term "minority" is therefore meant to include those who have been subject
to discrimination on the basis of race, color, religion, sex, national or
ethnic origin, age, physical disability or membership in lawful organizations.
All persons shall be entitled to redress and relief or grievances in instances
of discrimination, even if such discrimination is not specifically enumerated
above.
The provision of opportunities for upward and lateral movement to
comparable or higher classifications that signifies a commitment to better
utilize employee talents and to encompass such factors as status, salary and
responsibility.
The outward appearance of any person, irrespective of sex, with regard
to hairstyle, beards or manner of dress. It shall not relate, however, to
the requirement of cleanliness, uniforms and safety consciousness.
The Township of Hamilton does hereby reaffirm its policy to assure equal
opportunity in employment for all persons and to prohibit discrimination in
employment because of race, color, religion, sex or national origin and to
promote equal employment opportunity through a policy of equal opportunity
employment practices in each department of the Township of Hamilton in the
recruitment, employment, advancement and treatment of employees and prospective
employees of the Township of Hamilton to the maximum extent possible.
It is the commitment of the Township of Hamilton to ultimately establish
and maintain an integrated and balanced work force throughout the township
to effectively meet the needs of the citizens of the Township of Hamilton.
A.
It is the commitment of the Township of Hamilton to establish
responsibility for and provide guidelines for implementation and conduct of
the Township of Hamilton's within affirmative action program.
B.
It is the commitment of the Township of Hamilton to establish
realistic program goals, including a career development program, and to develop
and maintain a vigorous recruitment program for the affirmative action program.
C.
It is the commitment of the Township of Hamilton to obtain
statistical information from township departments to evaluate and analyze
their needs.
D.
It is the commitment of the Township of Hamilton to evaluate
personnel practices and selection processes that are discriminatory or place
artificial barriers to the employment of minorities and women. Evaluation
of all personnel procedures will include and emphasize the critical and unique
employment difficulties faced by minorities and women.
E.
It is the commitment of the Township of Hamilton to implement
and maintain an informational program for township employees and the general
public on this township's affirmative action program.
F.
It is the long-range goal of the Township of Hamilton
to achieve equitable representation of minorities and women at all job levels
of township employment in specific occupational areas that will be consistent
with both population parity and/or available work force.
A.
Township Clerk. The Township Clerk shall be responsible
for the administration of the township's affirmative action program and shall
be designated the township's Equal Employment Opportunity Officer/Affirmative
Action Officer.
(1)
The Affirmative Action Officer shall assure that department
heads comply with the goals and objectives of the affirmative action program.
(2)
The Affirmative Action Officer shall submit an annual
report to the Township Committee on the status of the affirmative action program.
(3)
The Affirmative Action Officer shall be responsible for
the implementation of the affirmative action program and shall serve as the
adviser to the Township Committee in planning and carrying out the plan for
the township as officially adopted by the Township Committee.
(4)
The Affirmative Action Officer shall maintain statistics
on the equal employment opportunity effort of the township and establish a
periodic reporting system to measure the implementation and progress of the
affirmative action program.
(5)
The Affirmative Action Officer shall review and evaluate
municipal direction and supervisory performance with respect to the positive
application and vigorous enforcement of the policy of equal employment opportunity.
(6)
The Affirmative Action Officer shall develop and monitor
the upward and lateral mobility program for township employees.
(7)
The Affirmative Action Officer shall coordinate and approve
all training relative to the affirmative action program.
(8)
The Affirmative Action Officer shall serve as adviser
to the Equal Employment Opportunity Advisory Commission and attend its meetings.
(9)
The Affirmative Action Officer shall establish contact
with community groups, organizations and individuals who are involved in programs
of equal opportunity employment.
(10)
The Affirmative Action Officer shall assist all township
department heads in establishing realistic goals and guidelines essential
to the attainment of the objectives of the township's affirmative action program.
(11)
The Affirmative Action Officer shall confer with department
heads to determine the basis for underutilization of minorities and women
and, if such exists, request and recommend corrective action.
(12)
The Affirmative Action Officer shall review recruitment
selection, testing and promotional practices and identify actions needed to
eliminate discrimination and artificial barriers if found to exist in said
practices.
(13)
The Affirmative Action Officer shall conduct recruitment
efforts in schools, at both the academic and vocational levels.
(14)
The Affirmative Action Officer shall evaluate the effectiveness
of departmental affirmative action efforts periodically and make quarterly
written reports to the Township Committee.
(15)
The Affirmative Action Officer shall continuously inform
all agencies that refer employment applicants to the township that the township
is an equal opportunity employer and that their referrals must not demonstrate
bias.
(16)
The Affirmative Action Officer shall develop a referral
system whereby minority applicants unable to obtain employment within the
township may be directed to other specific agencies where suitable vacancies
may exist.
(17)
Under the direction of the Affirmative Action Officer
and the Equal Advisory Commission, a brochure shall be prepared for external
distribution which shall highlight the key features of the affirmative action
program. On brochures or similar publications, when representations of employees
are featured, they shall include both minority and nonminority men and women.
(18)
The Affirmative Action Officer shall monitor the progress
and effectiveness of the affirmative action program using collective data
to make periodic corrections of errant trends.
B.
Township Committee. The Township Committee shall, within
budgetary limitations, provide necessary administrative support to effectively
carry out the affirmative action program, which support shall include assistance
and recruitment programs, selection procedures, job classification and restructuring,
test validations, coordinating the development of cultural awareness, training
programs and the development of a reporting system to determine the results
of actions on applications of minorities and women in the selection process.
C.
Equal Employment Opportunity Advisory Commission.
(1)
There shall be an Equal Employment Opportunity Advisory
Commission established, which shall be a broad-based group of township employees
and municipal and public representatives, to serve as an advisory body to
the Equal Employment Opportunity Officer. Said Commission shall exercise such
powers as are delegated by the Township Committee.
(2)
The Commission's objective is to facilitate equal opportunity
for all employees in the township government. In actual function, the Commission
shall seek to develop active steps to improve opportunities for all minority
groups. To carry out the work of the Commission efficiently, the following
three subcommittees shall be established. Any other such subcommittees deemed
necessary shall also be established.
(3)
Membership; terms of office.
(a)
The members of the Equal Employment Opportunity Advisory
Commission shall be appointed by the Mayor. The membership shall consist of:
[1]
The Chairman of the Atlantic County Human Relations Commission
or his or her designee.
[2]
Two members representing the minority work force and
two members representing the nonminority work force within the township.
[3]
The Equal Employment Opportunity Officer.
[4]
The Township Solicitor.
[5]
Two members of the minority general public.
(b)
The Chairman of the Atlantic County Human Relations Commission
or his or her designee, the Equal Employment Opportunity Officer and the Township
Solicitor shall serve terms concurrent with their terms of office. All other
individuals shall serve three-year terms, with the exception that if the members
representing township employees leave their employment with the township,
then their appointment to said Commission shall simultaneously expire. Whenever
a vacancy occurs other than as a result of the expiration of a term of membership,
an appointee shall fill the unexpired term to which he or she is appointed.
(4)
As minimum steps in the discharge of its responsibilities,
the Equal Employment Opportunity Advisory Commission shall:
(a)
Ensure that the affirmative action program is distributed
to all current and future township employees.
(b)
Identify and publicize opportunities for township employees
to be involved in equal employment opportunity activities.
(c)
Conduct regular reviews of the affirmative action program
to improve its effectiveness.
(d)
Hold open Commission meetings at least once monthly.
(e)
Recommend appropriate action to the Equal Employment
Opportunity Officer to meet problems associated with supervisory and management
practices found to be in need of improvement.
(f)
Participate in the evaluation of the affirmative action
program and all aspects of the equal employment opportunity program.
(g)
Advise on other special equal opportunity programs.
(h)
Recommend methods by which the township could take a
more specific and innovative approach in the employment, training, promotion
and utilization of minorities and women.
(i)
Develop and certify all necessary procedures for conducting
hearings hereunder.
(5)
The Equal Employment Opportunity Advisory Commission
shall render an advisory opinion to the Equal Employment Opportunity Office
as to the corrective action to be taken to remedy any formal complaint of
alleged discrimination. This exercise of administrative prerogative shall
not preclude an aggrieved party from pursuing relief with state or federal
agencies or commissions, nor shall any action taken by the Equal Employment
Opportunity Advisory Commission have any binding effect upon said state or
federal agencies or commissions, except to the extent that said agencies or
commissions choose to adopt such action.
(6)
The Equal Employment Opportunity Officer shall determine
the operating guidelines for the Equal Employment Opportunity Advisory Commission,
subject to the approval of the Township Committee.
(7)
The Equal Employment Opportunity Advisory Commission
shall collect and analyze raw statistics on the status of minority employment
in township government, it being essential that this survey be taken so that
an accurate, up-to-date data base is established for future evaluation purposes.
Such statistical survey analysis will also highlight those agencies of government
most in need of assistance in eradicating employment imbalances. The Equal
Employment Opportunity Officer, in conjunction with the Township Solicitor,
shall provide the format for making this statistical employment survey in
accordance with federal and state requirements.
(8)
The purchasing agent of the township, if such an office
has been established, shall assure that all contractors, subcontractors and
suppliers of goods and services to the township certify that they are equal
opportunity employers of minorities and women and meet all state and federal
laws, regulations and guidelines. In the event that the township does not
have such an officer, the Equal Employment Opportunity Officer shall assume
said duty.
A.
Departmental affirmative action.
(1)
Each department within the municipality will identify
obstacles which have barred members of minority and women's groups from employment
or advancement at the departmental level.
(2)
Each department will include both yearly and long-range
goals and timetables for achieving appropriate representation of minorities
and women within its department.
B.
Departmental goals.
(1)
Each department's goals should be significant, measurable
and attainable and be designated to correct identifiable deficiencies.
(2)
Each department's goals should provide for specific plan
results with timetables for completion.
(3)
Each department's goals should take into consideration
plans for expansion and turnover of the work force with the presumption that
qualified or qualifiable minorities and women are in the area work force.
(4)
Each department's goals should reflect desired levels
of achievement based upon an analysis to resolve imbalances in its work force.
(5)
Each department's goals shall be coupled with adoption
of genuine and effective internal techniques and procedures to locate qualified
members of minorities and women.
C.
Departmental timetables. Department plans should be submitted
to the Equal Employment Opportunity Advisory Commission within 90 days after
the adoption of the Township Affirmative Action Plan.
(1)
The township's Affirmative Action Plan is predicated
on a five-year goal. After determining employee turnover for the past five
years, all departments shall make a projection of their anticipated hiring
activity for the next five years. If a department hired 10 people in the category
of craftsman since June 1, 1971, then that department shall anticipate that
it will hire 10 craftsmen in the next five years. It is realized that precisely
the numbers projected may not be hired; however, this kind of projection is
necessary in order to determine an appropriate hiring goal for minority employment
in each job category.
(2)
Once a projection of overall hiring activity has been
made, each department shall then establish goals for the number of minority
and women employees it intends to add to its work force in each category under
its utilization. To be acceptable, goals shall be based on the number of hirees
anticipated in each job category and in departments where it is found that
the existing percentage of minority and women employees is below the level
consistent with parity on the basis of population and/or available work force.
A.
The municipality shall establish an aggressive recruitment
program to attract minorities and women. The Affirmative Action Officer and
departments shall support this effort as it relates to their individual needs.
B.
Methods utilized in carrying out recruiting efforts shall
be expanded to include, but shall not be limited to, the following:
(1)
Dissemination of notices of township job openings to
minority group organizations serving the minority community.
(2)
Maintenance of a mailing list with minority organizations,
women's groups, governmental agencies, educational institutions and other
related agencies that direct themselves to employment of minorities and women.
(3)
Development and maintenance of a list of prominent locations
in the minority community for the posting of job announcements.
(4)
Establishment of cooperative working relationships with
manpower programs operating within the community.
(5)
Establishment of communication and cooperative working
relationships between the Affirmative Action Officer and leaders of minorities
and women's organizations in the community.
(6)
Solicitation in obtaining recruiting assistance from
minority and women's organizations in the community.
(7)
Establishment and maintenance of continuing recruitment
programs with high schools, colleges and vocational and technical schools
that have a substantial number of minority and women students.
(8)
Utilization of radio and public service time as a form
of communication in areas where there are large minority audiences.
A.
If the municipality chooses to utilize preemployment
written and performance tests, they are to be reviewed to assure that they
are job related and culturally unbiased.
B.
Employment standards.
(1)
All hiring standards used in the selection processes,
such as height, weight, education levels, previous work experience or other
standards, shall be realistically related to job requirements and shall be
reduced to writing.
(2)
Township employment standards shall not be higher than
needed for performance of the duties and responsibilities of the job to be
performed.
C.
Consideration shall be given to the use of innovative
selection procedures for such positions as require work-related special skills
and ability.
D.
Employees shall be encouraged to participate in developmental
programs sponsored by the township or other governmental or community agencies
to qualify for upward job mobility.
A.
The township shall develop training programs or support
career education programs which provide academic and job skills for its permanent
employees. Such training shall include upward job mobility from entry level
to paraprofessional positions.
B.
Subject to budget limitations and departmental head approval,
efforts shall be made to afford employees time off from work to attend related
training and education classes.
C.
The township will cooperate with agencies to develop
meaningful training curriculums relevant to employment within the township.
D.
Subject to budget limitations and department head approval
and consistent with township policies, financial reimbursement, including
tuition and books, shall be considered for personnel at entry level and paraprofessional
positions for approved relevant programs at colleges and training institutions.
E.
Department heads shall recommend and encourage minority
and women employees to attend relative training and educational programs which
shall prepare and assist them in securing job advancement.
A.
Protection from adverse actions. Every employee shall
be free from any and all restraint, interference, coercion or reprisal on
the part of his associates, supervisors and department heads when making any
complaint or appeal or when serving as a representative of a complaint or
appearing as a witness or in seeking information. The above principles shall
apply with equal force after a complaint has been adjudicated. Should these
principles be violated, the facts shall be brought to the attention of the
Equal Employment Opportunity Advisory Commission and/or appropriate state
or federal agencies or commissions by the aggrieved party, his representatives
or any person affected, so that appropriate action may be taken, up to and
including dismissal of the wrongful party.
B.
Resolution of complaints.
(1)
Complaints of a discriminatory action or practice shall
be resolved through either an informal process under the guidance of the Equal
Employment Opportunity Officer or a formal hearing conducted by the Equal
Employment Opportunity Advisory Commission, or a combination of both, or by
federal or state appellate processes.
(2)
Informal complaints. The Equal Employment Opportunity
Officer 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.
(a)
When an informal complaint is received by the Equal Employment
Opportunity Officer, a memorandum shall be prepared advising the Township
Committee of the complaint and the circumstances of such complaint.
(b)
The Equal Employment Opportunity Officer shall ensure
prompt consideration of each complaint filed with his office. If after investigation
of the complaint the Equal Employment Opportunity Officer concludes that the
complaint is not valid or that no discriminatory act has occurred, he may
dismiss the charge. Any complainant adversely affected by a dismissal of a
charge shall retain all other administrative and legal remedies.
(c)
If after a consideration of the complaint the Equal Employment
Opportunity Officer believes that an act of discrimination may have occurred,
within 15 working days after said determination is made the Equal Employment
Opportunity Officer 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 and enforceable
consent agreement, which shall not constitute an admission of committing a
discriminatory act. If either the respondent or the complainant fail to comply
with any obligation or requirement which forms part of any such decision,
said decision may be enforced by the Township Committee.
(d)
Any informal complaint not adjudicated to the satisfaction
of either or both parties by the Equal Employment Opportunity Officer may
thereafter be handled through formal complaint procedures as well as other
administrative and legal remedies.
(3)
Formal complaints.
(a)
Formal hearings may be convened in cases in which conciliation
or mediation has failed or either party so requests. A formal complaint shall
be submitted, in writing, shall be signed and shall state 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 Equal Employment Opportunity Officer or the Equal Employment Opportunity
Advisory Commission.
(b)
Formal hearing procedure.
[1]
Step 1. A complaint of discrimination shall initially
be referred to the Equal Employment Opportunity Advisory Commission by the
Equal Employment Opportunity Officer. The Equal Employment Opportunity Officer
shall consult with the Commission members to ascertain the date, time and
place for a hearing. All hearings shall be conducted in accordance with administrative
hearing procedures as established by the Equal Employment Opportunity Advisory
Commission. Written notification of the hearing shall be provided to both
complainant and respondent and shall include the date, time and place of the
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 said party's expense. Both parties or their representatives
and members of the Equal Employment Opportunity Advisory Commission shall
be permitted to question all witnesses and to present all relevant evidence.
After hearing all of the evidence and arguments, the Commission shall have
prepared a written decision based solely on the evidence presented at the
hearing.
[2]
Step 2. The Equal Employment Opportunity Officer shall
certify the decision of the Commission and dispose of it within 10 days by
notifying the complainant and respondent, in writing, of the decision.
[3]
Step 3. Within five days of notification of the decision
made by the Commission, the complainant, having determined that the decision
has not rendered satisfactory judgment, shall be advised, in writing, by the
Equal Employment Opportunity Officer of his further rights of appeal to state
and federal agencies. Transcriptions of record shall be made at the expense
of the appealing party for said appeal.
(4)
A complaint may be filed by any employee or applicant
related to employment in township government who believes that discrimination
related to employment has been practiced against him or her, or that an employment
practice in the township government has or will result in discrimination in
employment against him or her. The complaint of general discriminatory employment
may also be filed in behalf of an employee or applicant for employment by
an organization; provided, however, that, upon request of the Equal Employment
Opportunity Officer, the complainant shall furnish to said Officer the names
of individuals whom the complainant suspects to be adversely affected by those
practices. Such names shall be held confidential by the Equal Employment Opportunity
Officer upon the request of such individual.
(5)
All complaints shall be submitted within 180 days of
the alleged discriminatory act giving rise to the complaint, and the Equal
Employment Opportunity Officer shall be charged to notify the accused party
of the particulars of such complaint within three working days of the time
of its submission.
(6)
A complainant may request, in writing, an individual
or organization to represent him in the processing of his complaint and is
entitled to the advice of a representative at all stages in the proceeding.
If the representative designated by the complainant is an employee of the
township, such employee, as well as an employee complainant, shall have a
reasonable amount of administrative leave with pay, if he or she is in pay
status, for the purpose of appearing in 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 any representative capacity
retains the right to deny such a request.
C.
This section shall be published and made available to
all township employees.
Any person aggrieved by a violation of this chapter who has exhausted
the remedies herein provided may apply to any court of competent jurisdiction
for appropriate relief, including but not limited to:
This chapter is adopted in accordance with the Civil Rights Act of 1964
(PL 88-54).
