[Added 7-6-1982; amended 3-2-1987]
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.
[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.
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]
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.
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.
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.
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]
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.
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.
[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.
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]
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.
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]
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]
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]
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.
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.
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.
[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.
