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HomeMy WebLinkAboutO-08725DAPA113 /tb 10/14/77 ORMANCE 140. AR ORbtNANCt REPtAt1N0 ORDINANCt NO, S519 ADOPT PEB, 20, 1976 AND tNACTTNG IN UM THERM!' A NEW ORDINANCE Rti.ESTABttSatNG THE CITY OP MAWS APPtRMATIVt ACTION ADVISORY CONSISTING OP PIPTtEN (15) MEMMRS; PROVIDING POR THE ELECTION OR APPOINTMENT AND POR THE TERMS OP OPP/CE POR THOSE MEMBERS; PROVIDING POR Tat BOARD TO SERVE AS A FORUM POR HEARING AND REVIEWING COMPLAINTS AND GRIEVANCES AGAINST ALLWED DISCRIMINATION IN THE CITY'S EMPLOYMENT AND HIPTNO PRACTICES; ESTABLISHING THE PUNCTIONS, POWERS AND DUTIES OP THE BOARD; PROVIDING POR THE BOARD'S SELECTTON OP !TS OWN OPPTCERS; PROVIDING FOR THE APPOIITMENT OP THE CITY'S APPIRMATIVE ACTION OPPTCER AS EXECUTIVE SECRETARY or THE BOARD; PROVIDING POR REGULARLY SCHEDULED matte MEETIgGS OF THE BOARD IN CONFORMANCE WITH THE GOVERNMENT IN THE SUNSHINE LAW: PROVIDING POP THE ESTABLISUMENT OP CERTAIN RULES AND PROCEDURES; PROVIDTNO FOR THE DIS- QUALIFICATION PROM voTtrin OP MEMBERS HAVING CONFLICTS OP INTEREST; PROVIDING POR DISQUALIFICATION PROM THE BOARD FOR UNJUSTIFIABLE ABSENCES; PROVIDING FOR THE DEPARTMENTAL ASSIGNMENT OF PERSONNEL REQUESTED TO ATTEND THE BOARD'S MEET/NGS; PROVIDING POR THE COORDINATION OF CITY BOARDS AND DEPARTMENTS IN THE ADMINISTRATION OF THE CITY'S AFFIRMATIVE ACT/ON PROGRAM; PROVIDING FOR THE REVIEW OF AFFIRMATIVE ACTION PLANS FOR THE CITY OP MIAMI PROVIDING FOR THE SUBMISSION OP 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 THIRTY (30) DAYS FROM THE DATE THE REPORT IS SUBMITTED TO THE COMMISSION; PROVIDING FOR AN ONGOING REVIEW OF CITY AFFIRMATIVE ACTION PLANS AND PROGRAMS; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; CONTAINING A SEVERABILITY PROVISION AND PROVIDING FOR AN EFFECTIVE DATE, -mow. . .0••••••••• eirotffiroarawleassw.a. •WHEREAS, it is the intent of the Commission of the city of Miami to establish an effective affirmative action plant and cr WHEREAS, it is the intent of the Commission of the City of Miami to remove any artificial barriers which may exitie in the employment system so that it witt be a truly open systems and WHbRRAS, it is the intent of the 1.0 of tt;e pity of Miami that any job related and valid selection pro- cedures ate to be used; and WHEREAS, it is the intent of the Commission of t'hn City of Miami that all job qualification raquirementa 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 Commission of the City of Miami to use aggressive affirmative recruitment programs to reach all groups of citiaend of the City fairly and equally; and WHEREAS, it is the intent of the Commission of the City of Miami to provide programs of upward mobility so that all em- ployees will have an opportunity to ompete fairly for any posi- tion within the City for which they are qualified; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. ordinance No. 8519, adopted February 20, 1976, is hereby repealed in its entirety and the following is sub- stituted 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 not more than fifteen (15) members, ten (10) members to be appointed by the City Commission, and five (5) members, one (1) each to be selected by each certified bargaining representative of City employees, as follows: Fraternal Order of Police International Association of Fire- fighters, local 587 Sanitation Employees Assn., Inc. Any other labor organisation designated as a certified bargaining representative of City employees. Persons so selected shall become members of the Board when confirmed by the City Commission. (2) 8725 The terms of the t a members shah be o i ws 4ROUP 1 mcrtn t cp# rat on 5 City Commission Appoi.nte s 3 years from effective date of this amended Ordinance. Praternal Order of police International Association of t irefighters, Local 587 ii it it it tt +r tt tt akOUP 2 `otm expiration 5 City Commission Appointees Sanitation Employees Assn., Inc. Any other labor organization designated as a certified bargaining representative of City employees. 2 years from effective date of this amended Ordinance. it it tt 11 it tt it it 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 years. The 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 Commission in his or her own defense. Any vacancy on the Board shall be filled by the Commission for the unexpired term; provided, however, that members of. the Board, on the effective date of this amended ordi- nance, shall continue to serve until their successors have been selected and qualified or until their eligibility for membership is terminated as the result of the certification of an exclusive bargaining representative. Section 2. The Board may hear or review grievances and complaints concerning alleged discrimination (3) 8125 in employment policies and practices of the City only if (l) a specific grievance or complaint is referred by the ,Affirmative Action Officer to the Board, or {2) the guard decides by a two-thirds majority of these members present and voting to grant a hearing on a specific complaint or grievance. The 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 Office. 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 Officer. With the assistance of the Department of Human Resources and its Affirmative Action Officer, the Board shall perform the following duties and functions: (a) Review and recommend to the City Commission, through the appropriate administrative channels, the adoption of,, amendments and revisions to the City's Affirmative Action Program Plan, for meeting present and possible future require- ments. (b) Review employment policies and practices of the City and make recommendations to the Department of Human Re- sources through the Affirmative Action Office. (c) Conduct monthly meetings, open to the public, for discussion of the City's Affirmative Action Program, review of specific complaints of alleged discrimination (4) 8725 properly brought before the Board., and reeeLpt of reports from the Affirmative Action Office. (d) Recommend to the City Commission, through appropriate administrative channels, ordinances, resolutions, and other proposals relating to the, Affirmative Action program. (e) Serve with the Affirmative Action Office 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 in abnormal circumstances and for good and sufficient reasons (e.g. significant policy issues where the administration disagrees and refuses to transmit proposals to the Commission). Section 4. The Board shall choose from among themselves a Chairperson and Vice• -Chairperson to serve for terms of one 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 S. The Affirmative Action Officer shall be the Executive Secretary for the Board. Section 6. Meetings -- The Board shallgehall hold at least one regularly scheduled meeting each month, except the month of August, on days to be determined by the Board. (5) 12 Upon ten tli) days' notice, the Chairperson of the Beard 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 apeeia1.ly 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 sha l l 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 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 consecutive meetings without justifiable excuse or reason as determined and recorded by Chairperson sha l i automatically d isqua 1 ify (6) said member from holding office. Section 10, upon a minimum of ten t 10) Jaye notice from the Executive Secretary of the Board, a City Department Head requested to attend a meeting of the Board sha1.l so attend or may appoint and direct a representative of that department to attend. Section 1.1. Under the authority of the City Manager, the Affirmative Action Officer 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 prepared and submitted by the Affirmative Action Officer. This review shall be conducted in meetings open to the public and in full comp] iance with Florida Statutes, Chapter 286, the Government in the Sunshine Law. Upon completion of public hearings and review by the Board, the Board shall submit to the Commission through the Human Resources Director and the City Manager its comments and recommendations concerning the plan or modifications to the plan. The Civil Service Board of the City of Miami, F .orida4, shall receive a copy of the plan and the Boards 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, aa3.d date not being less than thirty (30) days from the date the Commission received (7) Mit 8725 • the report from the Hoard through appropriate admi:nietrative channels. At the conclusion of thin public hearing, the City Commission may adopt, reject or modify ify the :plan or any portion thereof. No Affirmative Action Program or Plan shall become effective until ita adoption by the Miami City Commission. The Commission's adoption of the Plan or modificati©na 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 Commisai n may, from time to time, resolve to concur with or support statements of policy formulated by the Hoard and/or the City's administration. Section 14. The Board sha fl 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 recommendations shall be presented to the city Commission, through appropriate administrative channels, at the second regular Thursday Commission meeting in February of each year." Section 2. If any section, part of section, para- graph, 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, i.nsoear as they are inconsistent or in conflict with the provisions of this ordinance, are hereby repealed. Section 4. The provisions of this ordinance she 1 become effective on (S1 1'177 8725 PASSED ON PIRST MDT= EY Trins onv, t)iia 26W_ day of 1977 PASSED AND ADOPTED ON SECOND AND FINAL RIM NO . PY TITLE ONLY this 1....11e. day of No . i Ea , 1977 CITY CI,ERR PI E PA RED AND APPROVED $Y t ELOY A. RNANDEZ ASSISTANT CITY ATTORNEY APP : b AS To FORM AND CORRECTNESS: GEOI GE KNOX, JR. CITY A ' ORNEY (9) 'M1At41 MID DOW Wiow m Ind Mato 004 Veda f 0 *1 r *Mk Iron ZIP MINA NOA OW? Of DADS: Idn041, fibei1aNra°t1te1iL�oP l'Ttiie... tltsvi i°�I!tprpafn�AttahrreestoNadel tiI er� City of Miami, Florida Re: ORDNANCE NO. 9729 In the n. eras publlihed In bald hepatic0 r in the MuttX df November 161 1977 Aff ant further beyt that the setd Mlarnl Review end Dail�yy Reedprd It a newtpape► published at lafnl, in seta. vide COuhty, f'ioride, and that the bald heWt• Goer his heretofore been COntinuoutly published in itd Elide Count MOW*, each day (extept Saturday, unday end Legs Holidays) and hat been 'entered,as fiatO A Valle ?ryh�all Matter at the post Offlce in 1n said Dede County, Florida for a period of One stair neat pfieeding the tint pubileatibh tit the attached OW, at edve titehteht; end ardent further toys hat the h►epe0neither geld het 'pronfited any Mired% firth chine une tot pUrppbte 0t todd toddling rebate, edvenlientent fat pubueatlan In the said newspaper. 16tit! ..tii fBIAU My tbmmleston e iu,$t(y No \ 1 her the this IP 7 a et Leyte. API A'MINARP ARDPTED I1 lin IIINGnbri DP - BOARD M 'S P R'D111`Slii ORTHEChEH10ENAR PON 'ME TENNIS DP DPPICE PR _ --- PROVIDIND POP TOO 'BOARD TO 3 POW *MARINO AND R'EVIRWilrlb LAIlr !GRIEVANCES AGAIRST MASUD MURRAIN* file CITY'S EMPLOYMENT *ND WIRING PR1tCTICE` . ESTABLISHING THE "FUNCTM is RS ANDDUlplE'! OP ME BOARD: 'PROVIDING PON THE BDA %ELIEC=` MN N OP ITS OWN OP ICRRSI PROY'1DINb VCR THE AP.' POINTMEIdT DP Tote ewes APPIRMATIVE ACTION OPPICER AS EXECUTIVE SECRETARY OP THE EBbA O PROVIDING POR ttEGULARLY setteoULE`D: PUBLit ... MEETINGS OP THE BOARD 1N CONFORMANCE, WITH THE GOVERNMENT IN THE SUNSHINE' LANs PRsOVICHNG PON THE ESTABLISHMENT OP 'CERTAIN RULES AND PROCEDURES PROVIDING FOR THE DISQUAL1P1CA. ttoN PROM VOTING OP MEMBERS HAVING CONFLICTS OP INTEREST; PROVIDING FOR 'DISQUALiPICATfON PROM THE SOAR!) FOR UNJUSTIFIABLE ABSENCES; 13ROVIbINb FOR THE DEPARTMENTAL ASSIGNMENT OP PERSONNEL REQUESTED TO ATTEND THE BOARD'S` MEETINGS; • BOARDS DEPARTMENTSRIIN COORDINATION OP MINISTRATION or THE CITY'S AFFIRMATIVE ACTION. PROGRAM; PROVIDINGS PO* THE REVIEW. OP APPIR." MAtIVE 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' NEARING: ON THE"'IMPORT OP THE AFPIRMAtIVE ACTION ADVISORY BOARD BY. THE CITY COMMISSION NOT LESS THAN 1111TITY (SO) DAYS PROM THE DATE ¶HE`'REPORT1S SUBMIT'tED_TO THE COMMISSION; PROVIDING 'FOR *A11 ONGOING'` REVIEW ROD AM5 REPEALING ALLORDINANCES 'ACTION PLANS ?HEREOF IN CONFLICT' HEREWITH; CONTAINING A ,V.; SEVERAB1Li1V PROVISION AND PItOVID1NG 'FOR API . EFFNCtIVE GATE. RALPH G. ONG1E' etre °CLERK Publl-tatlon of thlt notlte On the 16 day of Novambbt, 1977 1106 M 111630 I. Ralph itt,ttivie• Cleft til the Cfty beteb tertOr Aid Oft the day a A , 10, lit tort, 11'06 Oki reflect cflPY 1'; and idtrordlig OrdfftlInee *if Vested at the Si -,101 1) ir if the Dikle teem? Cited flange at thc pla1/4:c: . thilidA«PIdpeibliesiteriit by ailitttting %pit! et,ily tht piece proidell theretdr1 witqlgs tit, h d the I1te titfk al of said City thILI.. da, ll. 19 01111•11111111W • Joseph R. Grassie October 18, 1977 City Manager Robert D. Krause, Director ,.X Department of Human Resources `f • , iG1-L. • G Affirmative Action Advisory Board I am enclosing a draft of the ordinance re-establishingpthe eosityf of Miami Affirmative Action Advisory Board. Thethe ordinance is to redefine the functions of the staff and their relationship to the Affirmative Action Advisory Board. This ordinance was introduced to�the clast strnmeeting th of tienthe CItywhicmission h covers and was deferred because of certain the establishment and composition of the Board. Section I has now been amended to serve the following purposes: 1. To allow the unions to select their own representatives. 2. To assure that only representatives of "certified" labor organization will serve. This is necessary in order to assure that the City will not be charged with an unfair labor practice by recognizing representatives of unions that may have lost a representation election. 3. To provide for a transition during the present time while a representation election is pending between the General Employees Association and AFSCME. I am sending a copy of this memo and the revised ordinance beto thy elmembers of the Affirmative Action Advisory Board so that they willinformed in this matter. RDK:ms WNW MEM sari Mir Era June 1971 to September, 1971 - State of Ohio Dept of Public Welfare, Cincinnati_District Office, Columbus, OR Child Welfare Summer Employee a) Designing and implementing a staff development program for undergraduate students employed in several County Welfare Agencies. b) Assisting with staff development and implementation for regular employees in County Welfare Agencies September, 1970 to June 1971 - Cincinnati General Hospital, 234 Goodman St., Cincinnati, OH 45229 Social Work Student in Field Placement a) Medical case work with in and out patients, b) Group therapy for pregnant teenagers. Reason for leaving: End of school year and field placement Se2lomber, 1969 to September, 1970 - Longview State Hospital, 6600 Paddock Rd, Cincinnati, OH 45216 Social Worker I a) Psychiatric case work related to diagnosis and evalua- tion of in -patients. b) Discharge planning and implementing for in -patients. Reason for leaving: To attend graduate school Aril, 1968 to July, 1969 - Hamilton County Welfare Department, 628 Sycamore Street, Cincinnati., 011 45202 Social Worker I a) Case work with ADC families. b) Administrative and clerical duties. Reason for leaving: Relocated in New York City Organizations YWCA, Miami - Board of Directord, Vice -President American Civil Liberties Union, Miami - Board of Directors National Association of Black Psychologists, Miami - Associate member National Association for the Advancement of Colored People (NAACP) Florida Social Service Association Delta Sigma Theta Sorority West End Health Center, Cincinnati, 0H - Past member Board of Directors. Err Joseph R. Grassie City Manager i Robert D. Krause, Director Department of Human Resources October 18, 1977 Affirmative Action Advisory Board I am enclosing a draft of the ordinance re-establishing the City of Miami Affirmative Action Advisory Board. The basic purpose of the ordinance is to redefine the functions of the staff and their relationship to the Affirmative Action Advisory Board. This ordinance was introduced to the last meeting of the City Commission and was deferred because of certain concerns with Section I, which covers the establishment and composition of the Board. Section I has now been amended to serve the following purposes: 1. To allow the unions to select their own representatives• 2. To assure that only representatives of "certified" labor organization will serve. This is necessary in order to assure that the City will not be charged with an unfair labor practice by recognizing representatives of unions that may have lost a representation election. _ 3. To provide for a transition during the present time while a representation election is pending between the General Employees Association and AFSCME. I am sending a copy of this memo and the revised ordinance to the members of the Affirmative Action Advisory Board so that they will be fully informed in this matter. •