[HISTORY: Adopted by the Council of the City of Schenectady 6-16-1986 by Ord. No. 86-43. Amendments noted where applicable.]
Employee organizations — See Ch. 39.
Ethics — See Ch. 48.
Grievance procedures — See Ch. 60.
Personnel — See Ch. 87.
Editor's Note: Former Ch. 6, Affirmative Action, adopted 8-27-1979 by Res. No. 79-165, as amended, was repealed 6-16-1986 by Res. No. 86-138.
[Amended 9-19-1988 by Ord. No 88-75]
The City of Schenectady does hereby reaffirm its policy to ensure equal opportunity in employment and contracting for all persons and to provide employment, placement, training, promotion, salary and contracting opportunities without regard to race, sex, color, national origin, religion, political affiliation, age, physical handicap, Vietnam-era veteran status or any other nonmeritorious factor. The City shall promote full realization of equal opportunity through a continuing, effective affirmative action program applicable to each department, bureau, agency and board of the City and to all contractors, suppliers, grant recipients, etc. The program shall be an integral part of the total personnel management and purchasing program.
The City of Schenectady, as evidence of its intent to comply with basic policies and procedures necessary for effective uniform and judicious enforcement of equal opportunity standards, does hereby adopt the attached affirmative action policy.
[Amended 9-19-1988 by Ord. No. 88-75]
Affirmative action programs are the creation of action-oriented initiatives that will assure, to the maximum extent possible, the same placement, training, promotion and salary opportunities to all segments of the community. Employment and contracting opportunities shall be provided to all applicants, employees, contractors and vendors, based solely on individual merit and fitness, without regard to race, color, national origin, religion, sex, age, handicap, political affiliation or Vietnam-era veteran status in accordance with all applicable federal, state and local laws.
The City of Schenectady believes that the best interest of the community and the City government will be served by full compliance with the spirit and the letter of the Civil Rights Act of 1964, the Equal Employment Opportunity Act of 1972, the President's Executive Order No. 11246, as amended, and other federal and state legislative and judicial rulings. To this end, the City's affirmative action program establishes the employment practices, policies, procedures and environment consistent with providing equal employment opportunity to all persons regardless of race, color, national origin, religion, sex, age, handicap, political affiliation or Vietnam-era veteran status.
It shall be the policy of the City of Schenectady, in accordance with federal, state and local laws and ordinances, to require the submission of an affirmative action plan acceptable under those federal, state and local laws and ordinances prior to the award of contracts to all contractors, subcontractors, vendors, suppliers, consultants, grant recipients, developers, redevelopers and all other persons who do business with the City.
The Chief Executive Officer of the City of Schenectady and the City Council are bound by the provisions of the various civil rights acts and executive orders to make personnel and contracting decisions without regard to race, color, religion, sex, national origin, age, handicap, political affiliation or Vietnam-era veteran status.
[Amended 9-19-1988 by Ord. No. 88-75]
The Chief Executive Officer of the City of Schenectady shall be responsible for the implementation of the City's affirmative action program.
The Chief Executive Officer shall designate an Equal Employment Opportunity (EEO) Director who will be responsible to the Chief Executive Officer for administering the City's affirmative action program. The Director shall be furnished with the official, organizational and financial resources necessary to effectively fulfill his or her duties and responsibilities.
The EEO Director shall report directly to the Chief Executive Officer or the designee of the Chief Executive Officer.
The EEO Director, in concert with the department directors, bureau heads, supervisory personnel, the various advisory boards and other City agencies, shall communicate the various provisions of the affirmative action program to the City work force and to the general public.
The EEO Director shall have the following responsibilities:
The Director shall head the affirmative action/equal opportunity program within the office of the Chief Executive.
The Director shall have sufficient education and/or sufficient experience in personnel management, intergroup relations and an understanding of minority issues.
The Director shall be responsible for managing and administering the City affirmative action plan. Those responsibilities shall include, but not be limited to, the following:
Preparing and continuously maintaining up-to-date data on the City of Schenectady's work force. This data should be organized by function, salary, job categories, race, national origin and sex for full-time, part-time and new hires.
Assisting employees in preparing for promotional opportunities.
Developing training programs to assist candidates preparing for civil service examinations.
Furnishing periodic reports to the federal, state and local government and to the people of the City of Schenectady on the progress in meeting affirmative action goals.
Providing City department directors, bureau heads, supervisory personnel and the chairmen and heads of various boards and agencies training, counseling and guidance to meet City affirmative action goals.
Assisting contractors and subcontractors in complying with required regulations.
Developing a pool of qualified minority and women candidates by promoting the City's affirmative action program through civic groups, neighborhood organization, the news media, educational institutions and other public forums in coordinated recruitment efforts with the Department of Civil Service.
Receiving input from sources as noted above on a continuing basis. A forum shall be held periodically for citizens and employees to raise questions concerning equal employment opportunity and the affirmative action policy.
Serving as staff to the City's Affirmative Action Advisory Board, to attend their meetings and to assist them in carrying out their mandates as set forth by the Chief Elected Official.
Conducting a semiannual audit and evaluation of the City's affirmative action program and submitting the same to the Chief Elected Official and agency department heads.
Receiving complaints of discrimination from aggrieved employees and candidates for employment and attempting to resolve complaints prior to a formal hearing process.
The City shall employ practices to ensure the participation of minority- and women-owned businesses in all aspects of City contractual agreements. These practices shall be consistent with federal and state laws and directives. The EEO Director shall participate in the identification of potential vendors and monitor contract compliance.
[Amended 5-30-1989 by Ord. No. 89-48; 4-28-2014 by Ord. No. 2014-14]
An Affirmative Action Advisory Board shall be appointed by the Chief Executive Officer with the concurring vote of a majority of the members of the City Council. This Board shall concern itself with all aspects of equal opportunity in hiring, employment, promotion, complaints, purchasing and contracting.
The Affirmative Action Advisory Board shall review and approve the City's affirmative action goals based on compliance with federal, state and local laws. The Board shall conduct an annual evaluation of each affirmative action goal and shall monitor the City's performance in meeting program goals and recommend changes as needed to the Chief Executive Officer.
The Affirmative Action Advisory Board is also empowered to conduct Citywide public hearings on affirmative action issues of interest to the public.
The Board shall be composed of seven to nine members who are representative of the community: one to two members representing women's interests, one member representing Hispanic interest, one to two members representing minority interests, one member representing the disabled interests, one member representing veterans' interests, and two additional members who are sensitive to the problems of intergroup relations and represent various segments of the City. Appointments shall be to three-year terms on staggered bases. Four members will be considered a quorum if the Board has seven members, and five members shall be considered a quorum if the Board has eight or nine members.
While the membership should be broadly representative of racial minorities, women, the gay/lesbian/bisexual community, disabled persons, veterans, governance and local union bargaining units, and other relevant constituencies, no member will function solely as representative of a particular constituency. Each member will represent many constituencies, all of them sharing common concerns with respect to the City's commitment to, and progress on, affirmative action and equal opportunity. The Board shall be provided with necessary resources to fulfill its missions.
The Chief Executive Officer shall ensure that the City's policy is effectively communicated to the work force and the community. Implementation of this objective shall be carried forth by the affirmative action office.
Current job specifications shall be reviewed and evaluated by the EEO Director in conjunction with the Personnel Director and reviewed by the department head to ensure compliance with all federal, state and local laws and this policy on a regular basis. The EEO Director shall report the findings to the appropriate agency heads.
The EEO Director shall participate in a comprehensive recruitment program to meet the employment goals of this plan. Special efforts shall be made to recruit females and minorities for those job categories in which they are under utilized.
It shall be the policy of the City to ensure widespread prior announcement of civil service examinations as far in advance as possible. The City shall take affirmative action to ensure that announcements reach minority and female prospective applicants. Announcements shall be sent to but not limited to local newspapers, radio, minority, community and civic organizations, churches and responsible community individuals.
The Equal Employment Director or the personnel staff shall work in conjunction with state and local civil service officials to review examinations and their results for indications of cultural bias in examination procedures.
Procedures for promotional examinations and selection will be reviewed to determine whether minority groups and women are adversely affected. Revisions will be recommended as necessary.
It is the policy of the City of Schenectady to provide the maximum opportunity to its employees to gain promotions and to move up to higher paying and more responsible positions. The City shall apprise all its employees of promotional opportunities and assist them in preparing for these higher positions with training programs, the tuition assistance program and the development of a policy regarding educational leave. In addition, information shall be provided on other training resources available in the community.
The City government shall put forth a good faith effort toward the implementation of equal employment opportunity principles through the establishment of measurable employment goals.
The annual City EEO-4 report shall provide the basis for the development of a relevant and achievable affirmative action plan which shall incorporate a variety of activities which will promote the best and most practical means to increase the number of minority and female employees represented.
The Chief Executive Officer shall promulgate procedures consistent with the City of Schenectady affirmative action program as outlined above. Such procedures shall be promulgated with the advice and consent of the Affirmative Action Advisory Board.