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Home My WebLink AboutO-10111J-86-362 6/11/86 ORDINANCE No. w. ' AN ORDINANCE ADOPTING A CITY AFFIRMATIVE ACTION PROGRAM AND ESTABLISHING AN AFFIRMATIVE .ACTION POLICY AND REAFFIRMING THE COMMITMENT BY THE CITY OF MIAMI TO AFFIRMATIVE ACTION IN THE AREA OF EMPLOYMENT; PROVIDING FOR THE ESTABLISHMENT OF AN AFFIRMATIVE ACTION DIVISION IN THE DEPARTMENT OF INTERNAL AUDITS AND REVIEWS; FURTHER PROVIDING FOR A HEAD OF SAID DIVISION; INCLUDING DEFINITIONS, POWERS AND _ DUTIES; FURTHER PROVIDING FOR THE DEVELOPMENT _ OF PROCEDURES, MEASURES AND RESOURCES, TO - IMPLEMENT SAID POLICY, PROVIDING FOR GOALS AND OBJECTIVES; CONTAINING A REPEALER ' PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the City of Miami recognizes not only a legal obligation, but also an ethical and moral responsibility to provide a context in which its employees and prospective employees will receive fair and equitable treatment, without regard to race, color, religion, national origin, sex, age, marital status or physical or mental handicap; and WHEREAS, the City of Miami publicly re -affirms its commitment to a policy not only for non-discrimination, but also to a policy of affirmative action in all entities and agencies of City government in order to enlarge and to expand the employment opportunities of all qualified citizens; and WHEREAS, a new City of Miami Affirmative Action Plan is being prepared; and WHEREAS, this new City of Miami Affirmative Action Plan will be reviewed and approved by the City of Miami Commission and Affirmative Action Advisory Board; and WHEREAS, the Affirmative Action Office has achieved considerable progress in mitigating discrimination against minorities and women; and WHEREAS, substantial underrepresentation and underutili- zation still exist for minorities and women; and WHEREAS, the City has not achieved the long term goal of the participation at all levels throughout its work force of Blacks, 0 0 Hispanics and Women approximating their_ respective proportions in the City labor force; and WHEREAS, affirmative action goals and timetables are recognized as an effective, legitimate and proper remedy to eradicate the residual effects of prior employment discrimination; and WHEREAS, the City of: Miami will implement said proposed Plan by pursuing a Policy of affirmative action to make whole the victims of prior employment discrimination by the City of Miami; and WHEREAS, the Affirmative Action Policy contains requirements that City employees or applicants for City employment are not discriminated against because of age, ethnicity, race, creed, color, religion, sex, national origin, handicap or marital status; and WHEREAS, adoption of this ordinance will serve the best interest of the City and will enhance the opportunities for employment and career advancement for Blacks, Hispanics, women and the handicapped; and WHEREAS, to be effective it is necessary to adopt an Affirmative Action Policy with appropriate goals, objectives, administrative procedures and resources; and WHEREAS, it is desirable to establish an Affirmative Action Division in the Department of Internal Audits and Reviews; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Declaration of Policy. The City of Miami hereby adopts an Affirmative Action Policy recognizing not only an obligation, but also an ethical and moral responsibility to provide fair and equitable consideration of applicants and employees, without regard to race, color, religion, sex, age, national origin, place of birth, marital status or physical or mental handicap. The City of Miami hereby publicly reaffirms its commitment to a policy of non-discrimination and affirmative action in all -2- 1��11 0 0 agencies of City government in order to enlarge and expand the employment opportunities of all qualified persons. Section 2. Definitions. For the purpose Of this Ordinance, the following terms, phrases, words and their derivatives shall have the f.ollowinq meaninqs: A. Affirmative Action means all actions in recruit- ment, hiring, upgrading and other areas which are designed to eliminate the affects of past discrimination. B. Affirmative Action Plan means the written plan by which the City sets forth the specific affirmative actions by which it will eliminate and remedy the underrepresentation and/or underutilization of minorities and women. The Affirmative Action Plan shall contain goals and timetables. C. Discrimination means any act or acts which may adversely affect the employment opportunities of individuals because of race, color, religion, sex, national origin or other factors that, by law, may not be considered as a basis for employment actions. D. Goals and Timetable means the projections an employer makes of the numerical representation of minorities and women likely to be achieved in those positions in which they have been underutilized. E. Underutilization means the condition which results from the employment participation rate of a group by job category being considerably less than the availability of said group in the labor market. F. Underrepresentation means the condition which exists when the participation rate of a group by number and/or percentage of an employer's work force is substantially less than the representation of said group in the relative labor market. G. Labor Market means the standard by which the employment participation of women and minorities is measured, based upon their respective incidences in the City of Miami civilian labor force. -3 101it Section 3. A. The City Manager has ultimate responsibility for instituting and implementing the proposed Affirmative Action Plan. B. The Affirmative Action Division i.s hereby established as a Division of. the Department of Internal. Audits and Reviews with the responsihility and authority to insure a continuing process of fair employment practices for all present and future :sty employees. The Department shall provide personnel and resources required for the performance of all such necessary administrative and compliance functions needed to promote the achievement of the goals and objectives to be developed in the Affirmative Plan. C. The Affirmative Action Division shall be headed by the Affirmative Action Officer. Section 4. Duties and Powers. The duties, functions, powers, and responsibilities of the head of the Affirmative Action Division of the Department of Internal Audits and Reviews shall include the following: A. Authority to enforce the provisions of this Ordinance and rules and regulations promulgated hereunder. B. Authority to exercise overall jurisdiction in the development, implementation and monitoring of affirmative action guidelines as they relate internally to the City of Miami. C. Responsibility to develop an original or revised Affirmative Action Plan for each City Department and/for the City as a whole and thereafter to monitor and evaluate same, all of said Plans being subject to the approval of the City Manager. D. Responsibility for implementing and monitoring Affirmative Action requirements. Reports on non-compliance shall be forwarded to the City Manager for review and determination. E. Responsibility to provide information and technical assistance is to all City administrators, City employes and applicants for employment concerning affirmative action programs and equal employment opportunities. -4- flQi�� F. Responsibility to publish and disseminate public information and material r.elatino to equal employment opportunities and affirmative action, including serving as an affirmative action resource to the community at large. G. Responsibility to make annual reports to the City Manager. and Commission concerning the status of the affirmative action program; the enforcement of the provisions of this ordinance and recommendations concerning methods by which to improve the affirmative action program. H. Responsibility to investigate any complaints alleging discrimination from City employees and will take remedial action or make recommendations for the disposition of such complaints to the City Manager. I. Duty to serve as Executive Secretary to the City of Miami Affirmative Action Advisory Board and Liaison to the Commission on the Status of. Women. Section 5. A. Until changed by ordinance, the objective of the City is to achieve as its long term goal the participation at all levels throughout its work force of Blacks, Hispanics and - women approximating their respective proportions in the City's labor force as determined by the United States Bureau of. the Census. B. Promotional goals shall be established for minorities and women on a departmental basis, with each department having as its yearly goals, either parity with the Miami City government work force population statistics or the percentage of minorities currently employed in the department, whichever is smaller. C. All City of Miami contracts, lease agreements, use permits or subcontractual arrangements shall contain an affirmative action clause prohibitinq discrimination on the basis of race, sex, national oriqin or handicap. Section 6. The Affirmative Action Policy established hereby shall be in effect until such time as the effects of prior discrimination against minorities and women have been compensated for, and parity achieved, at which time the goals provided For herein shall no longer he observer. There shall he a yearly review by the City Commission to determine the continued need for said Affirmative Action Policy. Section 7. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of. this Ordinance are hereby repealer. Section 8. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, same shall not effect the validity of the ordinances as a whole. PASSED ON FIRST READING BY TITLE ONLY this _7_ day of May , 1986. PASSED AND ADOPTED ON SECOND AND FINAL .READING BY TITLE ONLY this 1_ 2th day of t„ne ► 1986 ATTEST X VIER L. SUAW,, Mayor MATTY HIRAI City Clerk PREPARED AND APPROVED BY: 10 A. QUINN J0� , III Deputy Ci 16^ttorney APPRffVED /AS TO FORX—ANDS CORRECTNESS: +LU�IA A. DMMHERTY City Attorney AQJ/wpc/pb/M004 1, ;1lotty Brill, CIvrk (It tho ('ity of l crcl��. rrrtli'. tt: t �1. !}. t`��'�':. ,,�i, „r. .. ��' . ��'... � � ;gin' i,. .• ;iho�•c; to 1). 19�. it} Clerk - 6- 11 Oil 1 , CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission FROM: Cesar H. Odio I City Manager DATE: April 28, 1986 FILE. 41 SUBJECT City of Miami's Affirmative Action Policy and/or Plan REFERENCES ENCLOSURES: AN ORDINANCE ADOPTING A CITY AFFIRMATIVE ACTION PROGRAM AND ESTABLISHING AN AFFIRMATIVE ACTION POLICY AND REAFFIRMING THE COMMITMENT BY THE CITY OF MIAMI TO AFFIRMATIVE ACTION IN THE AREA OF _ EMPLOYMENT; PROVIDING FOR THE ESTABLISHMENT OF AN AFFIRMATIVE ACTION DIVISION IN THE DEPARTMENT OF INTERNAL AUDITS AND REVIEWS; FURTHER PROVIDING FOR AN ASSISTANT DIPI:CTOR AS HEAD OF SAID DIVISION: INCLUDING DEFINITIONS, POWERS AND DUTIES; FURTHER PROVIDING FOR THE DEVELOPMENT OF PROCEDURES, MEASURES AND RESOURCES, TO IMPLEMENT SAID POLICY, PROVIDING FOR GOALS AND OBJECTIVES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. I am proposing the adoption of the attached legislation, which reestablishes the City's Affirmative Action Plan. This ordinance reflects the placement of the Affirmative Action Division under the authority of the Department of Internal Audits and Reviews and the assignment of administering the Consent Decree. The City Clerk has informed me that there is no current legislation establishing the City's Affirmative Action Policy. The existing Affirmative Action Plan, in effect since 1978, is based upon the Consent Decree signed on March 29, 1977. The Law Department advises that it is necessary to adopt legislation which sets forth the City's position regarding Affirmative Action and the defining powers thereof. This action would preserve the City's commitment to a policy of non-discrimination and Affirmative Action for minorities, women and the handicaped. WIN MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Review and Dally Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF hiI��;iI RE: Ordinance 110. 10111. In the ...............k,X X ... ........ .... .. Court, was published in said newspaper in the issues of June 18, 1986 Afftant further says that the said Miami Review and Daily Record is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advartf nh and affiant further says that she has neither paid p mised any person, firm or corporation any discount, rebat c mission or refund for the purpose of securing this adve s ent for publication in the said newspaper. tt�tlll!It!fl, � � HAL �Y d 3ybaeriped before ma this of ,'��1 ne ;.. A.O. 1986'... liffi me e tST • •Notary Pu411c,�10a* of Florida at Large (SEAL)T- My Commission W419j, AffA l 23, 1986. MR 110 CITY OF MIAMI DADE COUNTY, FLORIDA LEGAL NOTICE All interested persons will lake notice that on the 12th day of June, 1986, the City Commission of Miami, Florida, adopted the following titled ordinsnce(s): ORDINANCE NO. 10109 AN ORDINANCE AMENDING SECTION 62-47, "SIZE OF BOARDS AND TERMS OF OFFICE"; CHAPTER 62 "ZONING AND PLANNING" OF THE CITY CODE TO ALLOW PLAW NING ADVISORY BOARD MEMBERS TO CONTINUE TO SERVE IN OFFICE AFTER THEIR RESPECTIVE TERMS OF OFFICE EXPIRE, SUBJECT TO REAPPOINTMENT OR A NEW APPOINTMENT, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10110 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10039 ADOPTED SEPTEMBER 17. 1985, THE ANNUAL APPROPRIATION ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1986, BY MAKING THE NECES- SARY CHANGES IN THE APPROPRIATION OF THE FIRE RESCUE AND INSPECTION SERVICES DEPARTMENT FOR FY'86 TO REFLECT THE TRANSFER OF THE BUILDING AND ZONING FUNCTION TO THE NEWLY ESTABLISHED BUILD- ING AND ZONING DEPARTMENT AS OUTLINED IN ORDI- NANCE NO. 10089 APPROVED BY THE CITY COMMISSION ON MARCH 27. 1985, DECREASING THE APPROPRIATION FOR THE FIRE RESCUE AND INSPECTIONS SERVICE DEPARTMENT, INCREASING THE APPROPRIATION FOR THE BUILDING AND ZONING DEPARTMENT, DECREASING THE APPROPRIATION FOR SPECIAL PROGRAMS AND ACCOUNTS: CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE, ORDINANCE NO. 10111 AN ORDINANCE ADOPTING A CITY AFFIRMATIVE ACTION PROGRAM AND ESTABLISHING AN AFFIRMATIVE ACTION POLICY AND REAFFIRMING THE COMMITMENT BY THE CITY OF MIAMI TO AFFIRMATIVE ACTION IN THE AREA OF EMPLOYMENT; PROVIDING FOR THE ESTABLISHMENT OF AN AFFIRMATIVE ACTION DIVISION IN THE DEPARTMENT PROVID- ING FOR A HEAD OF SAIND DIVISIONS INCLUDING DEFINI• TIONS, POWERS AND DUTIES; FURTHER PROVIDING FOR THE DEVELOPMENT OF PROCEDURES, MEASURES AND RESOURCES, TO IMPLEMENT SAID POLICY, PROVIDING FOR GOALS AND OBJECTIVES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE 10112 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW TRUST AND AGENCY FUND, ENTITLED COMMU- NITY DEVELOPMENT BLOCK GRANT (TWELFTH YEAR); AND APPROPRIATING $9,875,000 FOR EXECUTION OF SAME; CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE. ORDINANCE NO. 10113 AN EMERGENCY ORDINANCE ESTABLISHING TWO NEW SPECIAL REVENUE BONDS ENTITLED: "OFFICE OF INTERGOVERNMENTAL LIAISON (FY'87)" AND "MIAMI JOB DEVELOPMENT PROGRAM FY'87►", APPROPRIATING FUNDS FOR THEIR OPERATION IN THE AMOUNTS OF $60,000 AND $622,000 RESPECTIVELY FROM THE UNITED STATES DEPARTMENT OF LABOR, AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARDS FROM THE UNITED STATES DEPARTMENT OF LABOR AND TO ENTER AGREE- MENT(S)INTO THE WITH CTHE SOUTH FLORIDA EM ESSARY PLOYMENT ) AND TRAINING CONSORTIUM TO ACCEPT THE GRANTS; CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE. MATTY HIRAI CITY CLERK CITY OF MIAMI, FLORIDA (N3875) ' Publication of this Notice on the 18 day of June 1986 864U61890M 6/18 0 MINE - ow 0 MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE' Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vim President of Legal Advertising of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement. being a Legal Advertisement of Notice In the matter of CITY OF MIAMI Re — ORDINANCE NO. In the ........... X ..X.. X ..................... Court, was published in said newspaper In the issues of June 2, 198G Afflant further says that the said Miami Review and Daily Record is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and as been entered as second class mail matter at the l Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor Is" any person, fine or corporation arty discount. robots, mission or refund for the purpose of securing this advertis nt for publication in the said newspaper. / / ze Y►-hv �`C�`P v Swdfii�o. d subscnbcC before me this 2 a 'a .........: r ' �.... .., A.D. 19...... . alelma V. rbeyre NotarylPublic)State of Florida at Large (SEA A. My Comm114.61 '-fkroe JVIl , 11986. OIt,U' CITY OF MIAMI DADIt COUNTY, FLORIDA NOTICE OF PROPOSED ORDINANCE Notice is hereby given that the City Commission of the City of Miami, Florida, on June 12, 1986, commencing at 9:00 A.M. in the City Commission Chamber, City Hall, 3500 Pan American Dr., Miami, Florida, will consider the following Ordinance(s) on final reading and the adoption thereof: ORDINANCE NO. AN ORDINANCE ADOPTING A CITY AFFIRMATIVE ACTION PRO- GRAM AND ESTABLISHING AN AFFIRMATIVE ACTION POLICY AND REAFFIRMING THE COMMITMENT BY THE CITY OF MIAMI TO AFFIRMATIVE ACTION IN THE AREA OF EMPLOYMENT; PROVIDING FOR THE ESTABLISHMENT OF AN AFFIRMATIVE ACTION DIVISION IN THE DEPARTMENT OF INTERNAL AUDITS AND REVIEWS; FURTHER PROVIDING FOR A HEAD OF SAID DIVISION; INCLUDING DEFINITIONS, POWERS AND DUTIES; FURTHER PROVIDING FOR THE DEVELOPMENT OF PROCE- DURES, MEASURES AND RESOURCES, TO IMPLEMENT SAID POLICY, PROVIDING FOR GOALS AND OBJECTIVES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.' 10039 ADOPTED SEPTEMBER 17, 1985, THE ANNUAL APPRO- PRIATION ORDINANCE FOR THE FISCAL YEAR ENDING SEP- TEMBER 30, 1986, BY MAKING THE NECESSARY CHANGES IN THE APPROPRIATION OF THE FIRE RESCUE AND INSPECTION SERVICES DEPARTMENT FOR FY'86 TO REFLECT THE TRANS- FER OF THE BUILDING AND ZONING FUNCTION TO THE NEWLY ESTABLISHED BUILDING AND ZONING DEPARTMENT AS OUTLINED IN ORDINANCE NO. 10089 APPROVED BY THE CITY COMMISSION ON MARCH 27, 1985; DECREASING THE APPRO- PRIATION FOR THE FIRE RESCUE AND INSPECTIONS SERV- ICE DEPARTMENT, INCREASING THE APPROPRIATION FOR THE BUILDING AND ZONING DEPARTMENT, DECREASING THE APPROPRIATION FOR SPECIAL PROGRAMS AND ACCOUNTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE ORDINANCE No. AN ORDINANCE AMENDING SECTION 62.47, "SIZE OF BOARDS AND TERMS OF OFFICE'; CHAPTER 62 "ZONING AND PLAN- NING" OF THE CITY CODE TO ALLOW PLANNING ADVISORY BOARD MEMBERS TO CONTINUE TO SERVE IN OFFICE AFTER THEIR RESPECTIVE TERMS OF OFFICE EXPIRE, SUBJECT TO REAPPOINTMENT OR A NEW APPOINTMENT, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Said proposed ordinance(s) may be Inspected by the public at the office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, during the hours of 8:00 A.M. to 5:00 P.M. All interested parties may appear at the meeting and be heard with respect to the proposed ordinance(s). Should any person desire to appeal any decision of the City Com- mission with repsect to any matter to be considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made Including all testimony and evidence upon which any appeal may be based. i (N3862) 612 nnl MATTY HIRAI GITY CLERK CITY OF MIAMI, FLORIDA 86-060203M MR 114