[Code 1964, § 10 1/2-11]
To further the affirmative action program, the City adopts the following employment goals:
(1) 
The City shall not deny employment to any qualified person because of race, color, sex, creed, national origin, age or marital status.
(2) 
The City shall encourage its officers to employ and promote members of minority groups.
(3) 
The City, through its officers, shall foster the hiring of members of minority groups as trainees so that the trainees' skills will be enhanced enabling them to qualify for higher paying jobs.
(4) 
The City shall take appropriate steps to further the program which will include the following:
a. 
Noting in job advertisements that the City is an equal opportunity employer.
b. 
Maintaining records of job applications so that the application of any person seeking a City job is kept on file for at least two years.
c. 
Encouraging City unions to cooperate to further the City's affirmative action program.
d. 
Encouraging minority and human relations organizations to refer qualified minority and low-income persons for City employment.
e. 
Disseminating to the Chairperson of the Planning Board and to all City department heads copies of the "701 Affirmative Action Program," such copies to be made available to any City employee upon request.
f. 
Disseminating to minority organizations announcements of civil service tests.
g. 
Negotiating to include nondiscriminatory clauses in City union contracts.
h. 
Enumerating, at least annually, City minority employment vis-a-vis total City employment, and such enumeration shall be similarly conducted for each City department.
i. 
When vacancies occur, by contacting schools, colleges, universities and minority organizations to recruit minority employees.
j. 
When training programs are established such as those under the intergovernmental personnel act, to attempt to enroll minority employees to improve their potential for promotion.
k. 
Maintaining employee records for at least three years.
l. 
Posting, in conspicuous places, notice that the City is an equal opportunity employer.
m. 
Adhering to goals designed to eliminate under utilization of minorities in the City's work force, such goals being to employ members of minorities in such job categories and in such numbers as they would reasonably be expected to be employed.
[Code 1964, § 10 1/2-12]
(a) 
The Mayor shall appoint an Equal Employment Officer to serve at the Mayor's pleasure.
(b) 
The Equal Employment Officer shall monitor the affirmative action program and shall report annually to the Mayor on the status of the program no later than two months preceding the date by which the Board of Estimate and Apportionment must adopt the annual estimate. The report shall include the enumeration of minority employees as described in Subparagraph (4)h of Section 2-13-51 which shall serve as the basis for a review of City minority employment vis-a-vis total City employment by the Board which has the power to set wages, salaries and positions in the City government.
(c) 
To promulgate the affirmative action program, the equal employment officer will distribute copies of the program to representatives of minority organizations, City unions, contractors, contractor's unions and other groups involved with employment under the "701 Program" or Planning Department.
(d) 
The Equal Employment Officer shall cooperate with contract-awarding boards and agencies so that these bodies may make reasonable determinations on submitted affirmative action programs.
[Code 1964, § 10 1/2-13]
(a) 
The conditions of this section apply to all contracts awarded under the "701 Program" or by the City Planning Department, provided that the contracts exceed $50,000 and the number of employees of the contractor exceeds 50 people.
(b) 
Any bidder awarded a contract meeting the requirements of Subsection (a) of this section must submit to the contract-issuing board or agency an affirmative action program within 30 days after the contract award.
(c) 
The affirmative action program submitted by each contractor shall:
(1) 
Provide job opportunities for minority group persons.
(2) 
Estimate the total number of workers and the number of workers in each job category the contractor expects to employ to perform the work under the contract.
(3) 
Estimate the total number of minority persons and the number of minority persons in each job category that the contractor expects to employ as part of the contract work force.
(4) 
Attempt to employ trainees for work to be done under the contract.
(5) 
Provide for maintenance of minority employment during the contract at least at a level proportionate to the level established prior to the contract award.
(6) 
Describe how the contractor plans to improve minority job opportunities.
(7) 
Designate a company equal employment officer for the term of the contract.
(8) 
Allow inspection of the contract work force by the City Equal Employment Officer to determine whether the contractor is adhering to estimates announced in the affirmative action program submitted prior to the contract award.
(9) 
Promulgate the contractor's affirmative action program among company supervisory personnel.
(10) 
Ensure nondiscriminatory hiring in any job advertisement and attempt to recruit minority employees when vacancies occur.
(11) 
Provide for retention of job applications for two years.
(12) 
Where union agreements exist, the contractor shall:
a. 
Send a company affirmative action program to the union's labor organizations.
b. 
Cooperate with unions to ensure equal employment opportunity for minority persons through union affirmative action programs.
c. 
Urge unions to accept membership from minority persons and include nondiscrimination clauses in labor contracts.
(13) 
Ensure that hiring and promotion will be done without regard to race, color, sex, creed, national origin, age or marital status.
(14) 
Adhere to goals designed to eliminate under utilization of minorities in the contractor's work force, such goals being to employ members of minorities in such job categories and in such numbers as they would reasonably be expected to be employed.
(d) 
Any contractor awarded a contract exceeding $50,000 must ensure that each of the subcontractors holding subcontracts exceeding $50,000 submit affirmative action programs to the contract-issuing board or agency for approval within 30 days of the contract award.
(e) 
All contractors awarded contracts of $10,000 or more may be required to submit, within 60 days of written demand by the contract-issuing board or agency, an affirmative action program embodying the elements contained in Subsection (c) of this section, provided that each contractor employs at least 50 persons on the work covered by the contract.
(f) 
Should a contractor seek an exemption under this section, the contractor may request, in writing, an exemption from the Director, Office of Federal Contract Compliance, United States Department of Labor, Washington, D.C. 20210.
(g) 
All contracts awarded under the "701 Grant" shall contain the language of Section 6 of the standard City contract form used by the Board of Contract and Supply which states all of the following:
(1) 
That in hiring employees for the performance of work under this contract or any subcontract under this contract, no contractor, subcontractor nor any person acting on behalf of the contractor or subcontractor shall, because of race, creed, color, national origin, sex, age or marital status, discriminate against any citizen of the state who is qualified and available to perform the work to which the employment relates.
(2) 
That no contractor, subcontractor nor any person on the contractor's or subcontractor's behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract because of race, creed, color, national origin, sex, age or marital status.
(3) 
That there may be deducted from the amount payable to the contractor by the state or City under this contract a penalty of $5 for each person for each calendar day during which the person was discriminated against or intimidated in violation of the provisions of the contract.
(4) 
That this contract may be canceled or terminated by the state or City, and all monies due or to become due under the contract may be forfeited for a second or any subsequent violation of the terms or conditions of this section of the contract.
(5) 
The provisions of Section 6 covering every contract for or on behalf of the state or City for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the state.
(h) 
Copies of the City's affirmative action program will be made available to all contractors upon request.
(i) 
Apprentice training agreements.
[Added 9-6-2017 by Ord. No. 138]
(1) 
Pursuant to § 816-b, Subdivision 2, of the New York State Labor Law, the City of Utica may require, prior to entering into any construction contract, that such contract contain apprenticeship agreements appropriate for the type and scope of work to be performed that have been registered and approved by the Commissioner of Labor as provided for in § 814 of the New York State Labor Law for contracts in an amount in excess of $250,000.
(2) 
The Board of Contract and Supply, when considering whether or not to include a requirement for an apprenticeship agreement, is encouraged to consider such factors as the number of bids received for previous, similar projects; cost; project time lines; and the principles of fairness and fiduciary responsibility that govern public bidding in New York State.
(3) 
Contractors may refer to and adopt apprenticeship agreements as set forth in § 815 of the New York State Labor Laws.
(4) 
"Construction contract" shall mean any contract to which the City of Utica and its affiliated agencies shall be a principal party which involves the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility or physical structure of any kind, if the labor components, final assessed value, gross capital costs and/or component of such contract or project is in excess of $250,000.
(5) 
The Board of Contract and Supply, with the assistance of the City Engineer, shall promulgate rules and regulations for the implementation and enforcement of the provisions of this subsection.
(6) 
If any clause, sentence, paragraph, subdivision, section or part of this subsection or application thereof to any person, individual, corporation, firm, partnership, entity or circumstances shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this subsection or its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which such judgment or order shall be rendered.
[Code 1964, § 10 1/2-14]
Any formal complaint or appeal relating to the affirmative action program shall be made in writing to the City Commission on Human Relations which shall investigate the complaint and submit its findings to the contract-awarding agency or board which shall have the power to terminate contracts for willful and derelict action or inaction contrary to that pledged in the contractor's affirmative action program.
[Code 1964, § 10 1/2-15]
(a) 
Although it shall be the policy of the City to further equal opportunity for all its citizens and to employ qualified minority persons where possible, the City shall not be compelled to create extraneous positions so as to further that goal.
(b) 
In hiring under any work training program, whether funded by the City, state or federal government, the City shall not purport that permanent positions exist at the completion of the training unless such vacancies, in fact, exist, and the City shall not be compelled to create extraneous positions on the grounds that people have been trained to fill them.