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HomeMy WebLinkAboutLegislation FR/SRFile Number: 09-00499 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, DEPARTMENTS," BY REPEALING CODE SECTIONS 2-581 THROUGH 2-582 IN THEIR ENTIRETY AND REPEALING SECTIONS 2-693 AND 694 IN THEIR ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF A DIVISION 15, WHICH CREATES THE OFFICE OF EQUAL OPPORTUNITY AND DIVERSITY PROGRAMS; PROVIDING FOR THE APPOINTMENT OF THE EQUAL OPPORTUNITY AND DIVERSITY PROGRAMS (EODP) ADMINISTRATOR BY THE CITY MANAGER; DESIGNATING THE EODP ADMINISTRATOR AS THE CITY'S EQUAL OPPORTUNITY OFFICER (A/K/A) AFFIRMATIVE ACTION OFFICER; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 19A of the Charter of the City of Miami provides that the City Commission may create new departments or discontinue any department and determine, combine, and distribute the functions and duties of departments and subdivisions thereof; and WHEREAS, the City Code of the City of Miami requires amendments to provide for an effective equal opportunity workplace; and WHEREAS, the City Commission values diversity as a part of its core mission; and WHEREAS, its is the recommendation of the Equal Opportunity Advisory Board and the City Manager, combined with the intent of the City Commission to exercise such authority to create an office to be known as the Office of Equal Opportunity and Diversity Programs; and WHEREAS, the City Commission recognizes the need for the City's EEO Officer to have the ability to act with the greatest degree of impartiality and independence in action but who shall be directly responsible to the City Manager; and WHEREAS, the City Manager shall appoint the Administrator of the Office of Equal Opportunity and Diversity Programs, whose title shall be Equal Opportunity and Diversity Programs Administrator, and who shall be the City of Miami's Equal Opportunity Officer, also known as the Affirmative Action Officer, and, who shall serve as the Executive Secretary to the Equal Opportunity Advisory Board; and WHEREAS, the general public and the City, as an entity, will be served more effectively by a centralized, impartial and clearly identifiable office to address issues of equal opportunity; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, City of Miami Page I of 5 Printed On. 7/14/2009 City of Miami Legislation Ordinance File Number: 09-00499 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, DEPARTMENTS," BY REPEALING CODE SECTIONS 2-581 THROUGH 2-582 IN THEIR ENTIRETY AND REPEALING SECTIONS 2-693 AND 694 IN THEIR ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF A DIVISION 15, WHICH CREATES THE OFFICE OF EQUAL OPPORTUNITY AND DIVERSITY PROGRAMS; PROVIDING FOR THE APPOINTMENT OF THE EQUAL OPPORTUNITY AND DIVERSITY PROGRAMS (EODP) ADMINISTRATOR BY THE CITY MANAGER; DESIGNATING THE EODP ADMINISTRATOR AS THE CITY'S EQUAL OPPORTUNITY OFFICER (A/K/A) AFFIRMATIVE ACTION OFFICER; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 19A of the Charter of the City of Miami provides that the City Commission may create new departments or discontinue any department and determine, combine, and distribute the functions and duties of departments and subdivisions thereof; and WHEREAS, the City Code of the City of Miami requires amendments to provide for an effective equal opportunity workplace; and WHEREAS, the City Commission values diversity as a part of its core mission; and WHEREAS, its is the recommendation of the Equal Opportunity Advisory Board and the City Manager, combined with the intent of the City Commission to exercise such authority to create an office to be known as the Office of Equal Opportunity and Diversity Programs; and WHEREAS, the City Commission recognizes the need for the City's EEO Officer to have the ability to act with the greatest degree of impartiality and independence in action but who shall be directly responsible to the City Manager; and WHEREAS, the City Manager shall appoint the Administrator of the Office of Equal Opportunity and Diversity Programs, whose title shall be Equal Opportunity and Diversity Programs Administrator, and who shall be the City of Miami's Equal Opportunity Officer, also known as the Affirmative Action Officer, and, who shall serve as the Executive Secretary to the Equal Opportunity Advisory Board; and WHEREAS, the general public and the City, as an entity, will be served more effectively by a centralized, impartial and clearly identifiable office to address issues of equal opportunity; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, City of Miami Page I of 5 Printed On. 7/14/2009 File Number. 09-00499 FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted reference and incorporated as if fully set forth in this Section. Section 2. Chapter 2 of the Code of the City of Miami, Florida, as amended ("City Code"), is further amended in the following particulars:{1} "CHAPTER 2 ADMINISTRATION ARTICLE IV. DEPARTMENTS DIVISION 15 EQUAL OPPORTUNITY AND DIVERSITY PROGRAMS Section XXX. Creation of The Office of Equal Opportunity and Diversity Programs a) Notwithstanding any provision in the City Code to the contrary, the Office of Equal Opportunity and Diversity Programs is created The management supervision and control of the Equal Opportunity function to be performed on behalf of the City shall be the responsibility of the Office of Equal Opportunity and Diversity Programs. b) ti All funds, personnel, records, and equipment currently budgeted in the Department of City ojMiami Page 2 of 5 Printed On: 7114/2009 File Number. • 09-00499 Employee Relations for the Division of Equal Opportunity and Diversity Programs are transferred and assigned to the Office of Equal Opportunity and Diversity Programs. Section XXX. Appointment, Reporting and Qualifications of the Administrator The Equal Opportunity and Diversity Programs Administrator, shall be appointed by and report to the City Manager, and the position shall be in the unclassified service. The Administrator shall be responsible for the functions of the City of Miami Office of Equal Opportunity and Diversity Programs and shall be qualified by education and experience in the area of equal opportunity compliance as determined by generally accepted standards within the field of practice. The Equal Opportunity and Diversity Programs Administrator is also designated as the City's Equal Employment Opportunity (EEO) Officer, also known as Affirmative Action Officer. Section XXX. Staffing The Office of Equal Opportunity and Diversity Programs shall be staffed by professional and support personnel as designated by the City Manager and approved by the City Commission in the City's budget process, as may be amended periodically by the City Commission, upon recommendation by the City Manager. Section XXX General Duties, Powers and Responsibilities Subject to the direction of the City Manager, the Equal Opportunity and Diversity Programs Administrator shall: a) Represent the City Manager in all matters of affirmative action, and equal opportunity in employment; b) Monitor compliance with the City of Miami's Administrative Policies and laws related to the prohibition of employment discrimination including, but not limited to the following i. Title VII of the Civil Rights Act of 1964 with amendments H. Civil Rights Act of 1991 iii. Pregnancy Discrimination Act iv. Family Medical Leave Act v. Equal Pay Act vi. Age Discrimination in Employment Act vii. Florida Civil Rights Act viii. Americans with Disabilities Act of 1990 with amendments ix. Vocational Rehabilitation Act of 1973 ,cc) Investigate complaints involving employment discrimination; d) Prepare reports to internal and external sources relevant to compliance with EEO laws, and issues involving diversity and equal employment opportunity: e) Develop and implement instructional programs relevant to equal employment opportunity and diversity issues for City employees; City of Miami Page 3 of 5 Printed On: 711412009 File Number: 09-00499 ff) Work in direct coordination with the EEO Advisory Board in the preparation conduct review, and implementation of the City's continuing Affirmative Action Program; g) Provide staff support to the EEO Advisory Board thus empowering the board to: Review and recommend to the City Commission through the appropriate administrative channels, the adoption of, amendment and revisions to the City's Affirmative Action Plan, for meeting present and possible future requirements: i2 Review employment policies and practices of the City and make recommendations to the Deoartment of Employee Relations that will serve to ensure the City's compliance with EEO laws, guidelines and best practices; L11 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 Office of Equal Opportunity and Diversity Programs. ARTICLE VII. AFFIRMATIVE ACTION POLICY City of Miami Page 4 of5 Printed On: 7/14/2009 Section 3. 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 4. This Ordinance shall become effective immediately after final reading and adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS- - _-----... JULIE O. BRU CITY ATTORNEY Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now if effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 5 of5 Printed On: 7/14/2009