It is the policy of the city council to create an environment in which all people regardless of race, creed, color, national origin, ancestry, age, sex (including pregnancy), disability, medical condition, genetic information, sexual orientation, marital status, political or religious affiliation, or other status protected by state or federal laws regarding discrimination (collectively hereinafter “protected characteristics”), may work without discrimination.
The city recognizes the need to adopt, implement, and maintain policies, to ensure the achievement of equal employment opportunity (“EEO”) as a means of reinforcing the principles of a merit system of employment, whereby employment decisions are made equally with regard to all persons on the basis of open competition and advancement according to relative ability.
To achieve these goals and objectives, the city’s EEO policies require that:
A. 
In establishing qualifications for employment in the classified service, no provision or requirement shall be adopted which would be discriminatory on the basis of protected characteristics, except where a bona fide occupational qualification, or qualification standard which is job-related and consistent with business necessity, exists.
B. 
No questions in any examination, application form, or other personnel proceeding, shall be so framed as to elicit information concerning protected characteristics from an applicant, eligible candidate or employee.
C. 
No appointment to, or removal from a position in the classified service shall be affected in any manner by the person’s protected characteristics; and further that it shall be the responsibility of all employees to abide by and carry out the provisions of the city’s EEO policies.
(Ord. 3213 § 1, 1998; Ord. 5013 § 4, 2012)
It is prohibited for any employee of the city to refuse to hire, train, promote, or provide equitable employment conditions (including compensation) to any employee or applicant, or to discipline or dismiss an employee in whole or part on the basis of such person’s protected characteristics, except where the doctrine of business necessity or a bona fide occupational qualification can reasonably be established by the city manager.
It shall further be prohibited for an employee, contractor, or agent of the city to engage in conduct which interferes with a person’s work or work environment through unwelcome, offensive or harassing behavior based on the person’s protected characteristics.
(Ord. 3213 § 1, 1998; Ord. 5013 § 4, 2012)
Nothing in this chapter limits the city’s authority to reasonably regulate nepotism standards and work place relationships for reasons of supervision, safety, security or morale.
(Ord. 3213 § 1, 1998; Ord. 5013 § 4, 2012)
A. 
Equal Employment Opportunity Officer. The director will serve as the EEO officer for the city and shall have primary responsibility for administration of the policies to include, but not be limited to, the following:
1. 
Develop and recommend policies, programs, and procedures to implement the city’s equal employment action objectives set forth by policy and resolution as well as by all applicable laws and legal decisions;
2. 
Develop and utilize recruitment sources which would provide information of city employment opportunities to all sectors of the available labor market;
3. 
Represent the city in meetings with enforcement agencies in addition to coordinating efforts toward equal employment opportunity with minority organizations and similar community action groups;
4. 
Investigate equal opportunity complaints, including those raised within the structural organization of the city or through state or federal channels;
5. 
Develop and assure compliance with approved testing methods and techniques which meet current standards;
6. 
Measure the effectiveness of the EEO policies and indicate the need for remedial action;
7. 
Maintain and report all information legally required for the advancement of the EEO policies, including EEO reports, employment statistics, and hiring data;
8. 
Conduct periodic reviews of the EEO policies for the purpose of reevaluation and appropriate updating;
9. 
Assure the dissemination of the city’s EEO policies.
B. 
Management and Supervisory Personnel.
1. 
Department heads are responsible for compliance with and oversight of the EEO policies in their respective departments.
2. 
Management and supervisory personnel are to assist in the auditing and evaluation of hiring and promotional patterns, to cooperate in the development of job-related test standards, to be responsible for making employment decisions that are consistent with the objectives of the EEO policies, and to ensure that all contracts for services bear an equal employment opportunity clause.
C. 
All Employees. Employees of the city, regardless of employment status or type, will be responsible for maintaining a work environment consistent with principles of nondiscrimination.
(Ord. 3213 § 1, 1998; Ord. 5013 § 4, 2012)
A. 
Internal Dissemination of Policies. The following steps will be taken to ensure a city-wide dissemination of the EEO policies:
1. 
The EEO officer shall distribute to employees and any requesting parties a copy of the city’s EEO policies, and copies shall be posted on all official bulletin boards. Copies of the policies shall also be available in each department.
2. 
The EEO officer shall conduct meetings with management and supervisory personnel at least annually, in order to keep them abreast of the progress and challenges of the EEO policies.
3. 
Department heads will conduct at least one staff meeting each year to assure that the objectives of the policies are communicated and applied to employees at all levels.
4. 
The city will enlist the cooperation of employee organizations in the furtherance of the EEO policies, and include nondiscrimination clauses in all memoranda of understanding.
B. 
External Dissemination of Policies. In order to ensure that applicants for employment, officials of state and federal agencies, contractors, and others are aware that the city is an equal opportunity employer, and of its official policies on equal employment opportunity, the following steps will be taken:
1. 
Recruiting sources targeting minorities, women and the disabled will be used to assure notification of the city’s EEO efforts.
2. 
An equal employment opportunity clause will be included in all job announcements, contracts and similar public documents.
3. 
Applications for employment shall bear the notice “An Equal Opportunity Employer.”
4. 
All existing and prospective employees will be informed of the existence of the city’s EEO policies and will be availed of such materials as will enable them to learn about the policies.
C. 
Job Specifications. Job specifications shall be maintained current in terms of the relationship between duties and responsibilities to requisite minimum employment standards. Where such standards are found to represent an artificial barrier, the standards will either be eliminated or altered to reflect appropriate levels of required skills, knowledge and abilities. Job specifications shall be updated at regular intervals, but not less than every five years.
D. 
Employment Applications. All applications to be completed shall be written in compliance with established standards of lawful employment inquiry, and shall include a confidential form containing questions to assure compliance with the EEO policies.
E. 
Recruitment. Ads and notices of job vacancies prepared from current job specifications shall be made available to the widest variety of applicants through use of appropriate and reasonable communication media, local bulletin boards, and related organizations which have knowledge of interested candidates. Notice for professional positions may be distributed inside and outside the local area and sent to other public agencies. Notations of “Equal Opportunity Employer” shall be shown on all job announcements.
F. 
Testing. Testing of all candidates shall be done in the same manner, until candidates are either placed on an eligibility list or disqualified for not meeting specified requirements. All tests must be job related and shall consist of, but not be limited to, at least two of the following: written test, oral interview, oral examination, agility or skills test, background check, physical examination, and any other test measure deemed appropriate by the director.
G. 
Selection Procedures. Selection and placement procedures shall be nondiscriminatory, with selection made from the names certified to the department head by the director. All names certified shall be from a current employment list legally established for the position being filled in accordance with these rules.
H. 
Orientation of New Employees. All employees shall be given an orientation upon commencement of employment with the city. The purpose of such orientation is to furnish each employee with information relating to the city personnel rules and regulations, job opportunities, and employment conditions, and to offer an opportunity for questions, answers, and general discussion of individual concerns.
I. 
Training Practices. All employees shall be given equal opportunities to participate in approved training programs which will enable them to do assigned jobs more efficiently and/or to prepare for promotions.
J. 
Transfers and Promotions. All transfers and promotions shall be processed according to these rules without discrimination, providing every qualified employee equal opportunity to compete for available positions.
K. 
Termination and Layoff Procedures. Each appointing authority shall follow these rules and regulations to process terminations and layoffs to ensure fairness and nondiscrimination to any employee involved in a layoff or termination.
L. 
Employee Salary and Benefits. Equal salary and benefits shall be accorded all classified employees in the same classification. Annual review of salary and benefits shall be made by classification to assure that discrimination is not practiced.
(Ord. 3213 § 1, 1998; Ord. 5013 § 4, 2012)