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Ordinance: 13086
File Number: 09-00499
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/10/2009
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;
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File Number: 09-00499
Enactment Number: 13086
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
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
..JIM. 11 11111 1
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.
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File Number: 09-00499 Enactment Number: 13086
All funds, personnel,
records, and equipment
currently budgeted in the
Department of
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
Drohibition of emDlovment discrimination includina. but not limited to the followina:
i. Title VII of the Civil Rights Act of 1964 with amendments
ii. 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
c) Investigate complaints involving employment discrimination;
d) Prepare reports to internal and external sources relevant to compliance with EEO laws, and
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issues involving diversity and equal employment opportunity;
e) Develop and implement instructional programs relevant to equal employment opportunity and
diversity issues for City employees;
f) 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 meetina aresent and possible future reauirements:
Review employment policies and practices of the City and make
recommendations to the Department of Employee Relations that will serve to
ensure the City's compliance with EEO laws, guidelines and best practices;
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
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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}
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.
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