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HomeMy WebLinkAboutO-09139�/ a ORDINANCE NO. 9 l 3 9 AN ORDINANCE REPEALING ORDINANCE NO. 8725, ADOPTED NOVEMBER 10, 1977, IN ITS ENTIRETY, AND SUBSTITUTING THEREFOR A NEW ORDINANCE RE-ESTABLISHING THE CITY OF MIAMI'S AFFIRMA- TIVE ACTION ADVISORY BOARD CONSISTING OF 14 MEMBERS; PROVIDING FOR THE ELECTION AND/OR APPOINTMENT AND FOR THE TERMS OF OFFICE FOR SAID MEMBERS; PROVIDING FOR THE BOARD TO SERVE AS A FORUM FOR HEARING AND REVIEWING COMPLAINTS AND GRIEVANCES AGAINST ALLEGED DISCRIMINATION IN THE CITY'S EMPLOYMENT AND HIRING PRACTICES; ESTABLISHING THE FUNCTIONS, POWERS AND DUTIES OF THE. BOARD; PROVIDING FOR THE BOARD'S SELECTION OF ITS OWN OFFICERS; PROVIDING FOR THE APPOINTMENT OF THE CITY'S AFFIRMATIVE ACTION SUPERVISOR AS EXECUTIVE SECRETARY OF THE BOARD; PROVIDING FOR REGULARLY SCHEDULED PUBLIC MEETINGS OF THE BOARD IN CON- FORMANCE WITH THE GOVERNMENT IN THE SUNSHINE LAW; PROVIDING FOR THE ESTABLISHMENT OF CERTAIN RULES AND PROCEDURES; PROVIDING FOR THE DIS- QUALIFICATION FROM VOTING OF MEMBERS HAVING CONFLICTS OF INTEREST; PROVIDING FOR DISQUALI- FICATION FROM THE BOARD FOR UNJUSTIFIABLE ABSENCES; PROVIDING FOR THE DEPARTMENTAL ASSIGNMENT OF PERSONNEL REQUESTED TO ATTEND THE BOARD'S MEETINGS; PROVIDING FOR THE COORDINATION OF CITY BOARDS AND DEPARTMENTS IN THE ADMINIS- TRATION OF THE CITY'S AFFIRMATIVE ACTION PROGRAM; PROVIDING FOR THE REVIE14 OF AFFIRMATIVE ACTION PLANS FOR THE CITY OF MIAMI: PROVIDING FOR THE SUBMISSION OF THE BOARD'S REPORTS ON THE PLANS TO THE COMMISSION; PROVIDING FOR A PUBLIC HEARING ON THE REPORT OF THE AFFIRMATIVE ACTION ADVISORY BOARD BY THE CITY COMMISSION NOT LESS THAN 30 DAYS FROM THE DATE THE REPORT IS SUBMITTED TO THE COMMISSION; PROVIDING FOR AN ONGOING REVIEW OF CITY AFFIRMATIVE ACTION PLANS AND PROGRAMS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, it is the intent of the City Commission to establish an effective Affirmative Action Plan; and WHEREAS, it is the intent of the City Commission to remove any artificial barriers which may exist in the employment system so that it will be a truly open system; and 0 WHEREAS, it is the intent of the City Commission that only job related and valid selection procedures are to be used; and WHEREAS, it is the intent of the City Commission that all job qualification requirements used in the City of Miami shall measure the person for the job and not simply measure applicants in the abstract; and WHEREAS, it is the intent of the City Commission to use aggressive affirmative recruitment programs to reach all groups of citizens of the City fairly and equally; and WHEREAS, it is the intent of the City Commission to provide programs of upward mobility so that all employees will have an opportunity to compete fairly for any posi- tion within the City for which they are qualified; NOW, THEREFORE, BE IT ORDAINED BY THE. COMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 8725, adopted November 10, 1977, is hereby repealed in its entirety and the following is substituted in its place and stead: "Section 1. There is hereby established a board to be known as the City Affirmative Action Advisory Board, hereinafter called the 'Board'. The Board shall consist of fourteen (14) members, ten (10) members to be appointed by the City Commission, and four (4) members, one (1) each to be selected by each certified bargaining representatives of City employees, as follows: Fraternal Order of Police, Miami Lodge No. 20; International Association of Fire- fighters, Local 587; Sanitation Employees Assn., Inc.; Miami General Employees, AFSCME Local 1907. Persons so selected shall become members of the Board when confirmed by the City Commission. -2- 91 39 U The terms of the Board members shall be as follows: GROUP 1 TERM EXPIRATION Five (5) City Commission Appointees January 24, 1981 One (1) Fraternal Order of Police, Miami Lodge No. 20 January 24, 1981 One (1) International Association of Firefighters, Local 587 January 24, 1981 GROUP 2 TERM EXPIRATION Five (5) City Commission Appointees January 24, 1982 one (1) Sanitation Employees Assn., Inc. January 24, 1982 One (1) Miami General Employees AFSCME Local 1907 January 24, 1982 These term expirations will be effective only for the initial term of service on the Board. Thereafter, all terms will be for a period of two (2) years or until successors are appoin- ted and qualified. The City Commission may remove any member - of the Board for cause, upon stating in writing the reasons for removal, allowing him or her to be heard by the City Com- mission in his or her own defense. Any vacancy on the Board shall be filled by the City Commission for the unexpired term; provided, however, that members of the Board, on the effective date of this amended ordinance, shall continue to serve until their successors have been selected and qualified. Section 2. The Board may hear or review grievances and complaints concerning alleged discrimination in employ- ment policies and practices of the City only if (1) a specific grievance or complaint is referred by the Affirmative Action Supervisor to the Board, or (2) the Board decides by a two-thirds majority of those members present and voting to grant a hearing on a specific complaint or grievance. The -3- 91 39 eN /OA Board may appoint a committee or a single hearing officer to hear these complaints and to report findings and make recommendations to the full Board. Section 3. The Board shall provide advice and recommendations to the Department of Human Resources and its Affirmative Action Division. The Director of Human Resources or his or her designee shall represent the City Manager in all matters of affirmative action and shall provide all staff support to the -Board, including the Affirmative Action Supervisor. With the assistance of the Department of Human Resources and its Affirmative Action Supervisor, the Board shall perform the following duties and functions: (a) Review and recommend to the City Commission the adoption of amendments and revisions to the City's Affirmative Action Program Plan, for meeting present and _— possible future requirements. (b) Review employment polices and practices of the City and make recommendations to the Department of Human Resources through the Affirmative Action Supervisor. (c) Conduct monthly meetings, open to the public, for discussion of the City's Affirmative Action Program, review of specific complaints of alleged discrimination properly brought before the Board, and receipt of reports from the Affirmative Action Division. (d) Recommend to the City Commission ordinances, resolutions, and other proposals relating to the Affirma- tive Action Program. (e) Serve with the Affirmative Action Division and the Department of Human Resources as an instrument for informing the City Commission, City departments and agencies and the public of the continuing Affirmative Action Program and its purposes. (f) Make recommendations or reports to the City Commission directly as deemed appropriate by the Board. -4_ 9139 Section 4. The Board shall choose from among themselves a Chairperson and Vice -Chairperson to serve for terms of one (1) year each, and shall choose other officers as they deem appropriate. The Board shall establish rules of procedure for governing and conducting its affairs. These rules should be available in writing upon request from the public. Section 5. The Affirmative Action Supervisor shall be the Executive Secretary for the Board. Section 6. Meetings: The Board shall hold at least one (1) regularly scheduled meeting each month, except during the month of August, on days to be deter- mined by the Board. Upon ten (10) days notice, the Chair- person of the Board may cancel and/or reschedule any meeting. Other meetings may be scheduled by the Board or be held at the call of the Chairperson; however ten (10) days written notice to each member is required, except where the City Manager and Board Chairperson agree to call an emergency meeting. The Board, its established committees, and specially appointed officers shall have the power to take testimony under oath. Section 7. The Board shall keep minutes of its proceedings, showing the vote of each member., or his/her absence or failure to vote. Section 8. The presence of eight (8) members of the Board shall constitute a quorum at any meeting of the Board. A majority vote of those present and voting shall decide any question properly brought before the Board. Section 9. Disqualification of Members: (a) Board members shall not vote on matters which involve their personal or private interests. If a majority of the other Board members sitting vote to -5- 9139 'AIA disqualify a member from voting on a given matter because they determine that a conflict of interest exists, that member shall not be permitted to vote. No Board member shall be permitted to represent any other person before the Board or the City Commission in any matter concerning employment or affirmative action. (b) Failure of a Board member to attend three (3) consecutive meetings without justifiable excuse or reason, as determined and recorded by the Chairperson, shall automatically disqualify said member from holding office. Section 10. Upon a minimum of ten (10) days notice from the Executive Secretary of the Board, a City department head requested to attend a meeting of the Board shall so attend or may appoint and direct a repre- sentative of that department to attend. Section 11. Under the authority of the City Manager, the Affirmative Action Supervisor shall work in direct coordination with the Board and other City boards and departments in the preparation, conduct, review, and implementation of the continuing Affirmative Action Program. Section 12. The Board shall review any plan relating to the City's Affirmative Action Program as pre- pared and submitted by the Affirmative Action Supervisor. This review shall be conducted in meetings open to the public and in full compliance with Florida Statutes, Chapter 286, the Government in the Sunshine Law. Upor: completion of public hearings and review by the Board, the Board shall submit tc the Commission through the Human Resources Director and- the City Manager its com- ments and recommendations concerning the plan or modi- fications to the plan. The Civil Service Board of the ma 9139 City of Miami, Florida, shall receive a copy of the Plan and the Board's recommendations at the same time they are submitted to the City Manager. Section 13. The City Commission, upon receiving the proposed Affirmative Action Plan or any changes thereto, shall set a date for a public hearing, said date not being less than thirty (30) days from the date the Commission received the report from the Board through appropriate admin- istrative channels. At the conclusion of this public hearing, the City Commission may adopt, reject or modify the plan or any portion thereof. No Affirmative Action Program or Plan shall become effective until its adoption by the City Com- mission. The City Commission's adoption of the Plan or modifications to the Plan shall take the form of a resolution wherein the Commission resolves to concur with the City Manager's adoption of the Plan and/or modifications thereto. The City Commission may, from time to time, resolve to concur with or support statements of policy formulated by the Board and/or the City administration. Section 14. The Board shall review and make comments or recommendations annually, or as directed by the City Commission, concerning the City's Affirmative Action Plans and Programs. These comments and recommen— dations shall be presented to the City Commission." Section 2. If any section, part of section, paragraph, clause, phrase, or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. Section 3. All ordinances, code sections, or parts of ordinances, insofar as they are inconsistent or in conflict with the provisions of this ordinance, are hereby repealed. MC 9139 r-1 Section 4. The provisions of this ordinance shall become effective on September 1, 1980. PASSED ON FIRST READING BY TITLE ONLY this loth day o f July , 1980. PASSED AND ADOPTED BY SECOND AND FINAL READING BY TITLE ONLY this 24th day of_ _ July , 1980. Maurice A. Ferre M A Y 0 R EST: RALPH G. ONGIE CITY CLERK PREPARED AND APPROVED BY: jrl �,PLC_ ROBERT F. CLARK ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: IM 9139 r%% 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 Octetma V. Ferbeyre, who on oath says that she is Supervisor, 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 or Notice in the matter of CITY OF MIAMI Re: Ordinance 9139 inthe ....... ................. X...X.... X...... ....................... Court, was published in said newspaper in the issues of July 30, 1980 ................................................................................................. ...... ,... ..-................................................................................. Affiant 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 advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for,lhe purpose oj,0p49/1AVtjqls advertisement for v * $WA 9 MtJltsctibsd 4ef-Gre me this 30 JULY 80 ........... y dj ..rj...... ..... 10. A.Q. 19 �. r. •.El `ta'f it to rida at La l0 i(�sian:l�x#1 Sept. 6, 1981 (SEAL) rrr r!lJrr$,IliN CITY OF MIAMI, DADE COUNTY, FLONIDA LEGAL NOT1CF. All interested will t0l noti- feat or the 24th day of July 1910, the City Commission of Miami, Ftorider passed and adopted the following fitle,�ortlitranCf: , • „ ORDINANCE NO, 9139 AN ORDINANCE REPEALIND ORDINANCE NO, 8725, ADOPTED NOVEMBER 4 19", IN ITS ENTIRETY, AND SUBSTITUTING THEREFOR A NEW ORDINANCE RE-'- ESTABLISHING TNE'CIYY & Mt%►Mir$ AFFI RMATIVE AC- TION ADVISORY BOARD CONSISTING OF 14 MEMBERS; PROVIDING ,FOR THE ELECTION AND/OR APPOINT- MENT AND. FOR THi TERM: OF, OFFICE FOR SAID .. MEMBERS; AND. FOR THE BOARD TO SERVE AS A FORUM FOR HEARING *00 REVIEWING COMPLAINTS AND GRIEVANCES A56.1NST ALLEGED DISCRIMINATION IN THE CITY'S EMPLOYMENT AND HIRING PRACTICES; ESTABLISHING THE FUNCTiONS,.POWERS AND DUTIES OF THE BOARD; PROVIDING FOR THE B04RD'S SELEC- TION OF ITS OWN OFFICERS; PROVIDING FOR THE AP- ' POINTMENT OF THE CITY'S AFFIRMATIVE ACTION SUPERVISOR AS EXECUTIVE SECRETARY OF THE BOARD; PROVIDING FOR REGULARLY SCHEDULED PUBLIC MEETINGS OF THE BOARD IN CONFORMANCE WITH THE GOVERNMENT IN THE SUNSHINE LAW; PROVIDING FOR -.THE' ESTABLISHMENT OF CERTAIN RULES AND PROCEDURES; PROVIDING FOR THE DIS- QUALIFICATION FIiW. VOTING OF MEMBERS HAVING, CONFLICTS OF 44TAREST; PROVIDING FOR DIS QUALIFICATION" FROM THE BOARD FOR UN- JUSTIFIABLE ABSENCES; PROVIDING. FOR•1HE DEPARTMENTAL ASSIGNMENT OF. PERSONNEL RE- QUESTED TO'ATTEND', T�iE 801►RD'.',LVtEE71�N�G__,�11; PROVIDING FOR TkEt-eOi)Rdi'1VATIOTi OF'CITY baliI�DS' ` AND DEPARTMENTS IN THE ADMINISTRATION OF THE CITY'S AFFIRMATIVE ACTION PROGRAM; PROVIDING FOR THE REVIEW OF AFFIRMATIVE ACTION PLANS FOR THE CITY OF MIAMI; PROVIDING FORTHE.SUBMIS- SION OF THE BOARD'S REPORTS ON THE PLAN$ TO THE COMMISSION; PROVIDING FOR A PUBLIC HEARING ON THE REPORTOF THE AFFIRMATIVE ACTION ADVISORY,,,, BOARD BY THE CITY COMMISSION NOT LESS DAYS FROM THE DATE THE REPORT IS SUBMITTED TO THE, COMMISSION; PROVIDING. FOR AN ONGOING REVIEW OF CITY-AFFIRMATIVE'ACTION PLANS AND PROGRAMS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. RALPH G. ONGIE ' - CITY CLERIC ?nnCITY C OF MIAMI, FLORIDA Publication of this Notice on the 30 day of July 1910 7/30 ---- Me"73015 j MR-92-1 1* Joseph R. Grassie City Manager Those Listed Below .' 1 -;ram :r FLOMOA iiNTEP-OFFICE `ISMORANDUM _AT_ Jane 20; 1980 ���,�._ Proposed Ordinance on Affirmativ, Action Advisory Board = 0-FERENC'c5� ENCLOSURES Md It is recommended that the attached Ordinance be submitted to the City Commission for adop- tion. The Ordinance restates the functions of the Affirmative Action Advisory Board and is intended to facilitate the administration of the Affirmative Action Plan. 0 The amendments to the Ordinance were jointly developed by the Chair and Vice -Chair of the Affirmative Action Advisory Board, with the assistance of the Director of Human Resources and the Affirmative Action Supervisor. The Ordinance has been reviewed and approved as to form and correctness by the Law Department. The major change from the previous Ordinance authorizes the Affirmative Action Advisory Board to submit recommendations and reports directly to the City Commission, rather than through administrative channels. Th s has been one of the objectives of the members of the Board. 11119e cha_i.: is reflected in amendments to Section 3(a), Section 3(d), Section 3(f), and Section 14. A second significant change provides for continuity of operations by t.e Affirmative Action Advisory Board. Under the present Ordinance, the service of Board members terminates at the end of a two year term. If new appointments are not made, the Board may be unable to function for lack of a quorum. The proposed Ordinance therefore provides that all terms will be for a period of two years or until successors are appoint- ed and qualified." This amendment is included in Section 1. This same section also provides for terms ending on January 24; this will permit present members to serve a full two years and help assure that future appointees will have similar overlapping terms. Two other amendments are included, in order to reflect changes that have occurred since the previous Ordinance was adopted in 1977: ►' 9139 Joseph R. Grassie June 17, 1980 Page 2 1. The number of Board members is fixed at 14, rather than the previous language that provided for "not more than fifteen (15) members." This results from the merger of two employee organizations that were seeking recognition in 1977. The Ordinance therefore specifies that Miami General Employees, AFSCME Local 1907, is entitled to one representative on the Board, since this organization is now certified as a bargain- ing representative for City employees. 1. The new titles of Affirmative Action Supervisor and Affirmative Action Division are used to reflect current terminology. Because of the previous problems in achieving a quorum, especially during a period when the terms of several members may have expired, we explored with the Law Department the possibility of amending Section 8 to provide that "a majority plus one" of the remaining members would constitute a quorum. The Law Department has concluded that it is more appropriate to continue the previous language, which provides that 8 members shall con- stitute a quorum at any meeting. In view of the amendment in Section 1, which provides that members may serve "until successors are appointed and qualified," it appears that the problems in achieving a quorum will be minimized. With these proposed amendments to the Ordinance, we believe that it will be possible for the Board to function more effectively. We anticipate a high level of cooperation between the Board and City staff in fulfilling the Affirmative Action objectives of this Ordinance. Reveren . W. Kirtley Chair, Affirmative `Action . Advisory Board Linda Eads Vice -Chair, Affirmative Action Advisory Board Robert D. Krause, Director Department of Human Resources Dr. Hattie M. Daniels Affirmative Action Supervisor n