HomeMy WebLinkAboutR-75-0636RESOLUTION NO.
426
A RESOLUTION APPIRMINO THE COMMITMENT OP
THE CITY OP MthMt TO A POLICY off' A '?IPMA 'iVft
ACTtON tN EMPLOYMENT Aft ADOPTING THE IT
Off' MIAMt A 'pi tMA' IVE At Ti N MAN ; 'U t RER
1I OVthINO t'OR A i'U$LIC IlEARINO TOPULLYMIXATEIVIS
PLAN
WHEREAS, the City of Miami reoOgni2es not Only a
legal obligation, but alto an ethical: and Moral responsibility
to provide a context in which its employees will receive
fair and equitable treatment, without regard to race, color,
religion, sex, age, national origin, place of birth, marital
status or physical handicap; and
WHEREAS, the City of Miami publicly affirms its
commitment to a policy not only of 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, the City of Miami Affirmative Action Plan
has been prepared; and
WHEREAS, the City of Miami Affirmative Action Plan
is subject to review, evaluation and change, as circumstances,
needs and experience require;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The City of Miami Affirmative Action Plan.
a copy of which is attached hereto and made a part hereof of this
resolution, be, and it is hereby, adopted.
Section 2. The City of Miami Affirmative Action Plan
be, and is hereby, a statement of the City's efforts to achieve
t'lliDOCUMENT INDEX
►r
1TENM NQ
eta COMMISSION
MEETING OF
JUL171975
-11-M
its gba1s tf Affirmative Actin
itd tqual Ptnploytaetit tjppc ttuuity.
Seetlott 3. Provl ittg for & public heetitg to fully "evaivate this lat.
PASSDD ANt AbolnEtt this 17th day of July, 1075,
ur;..te A ��rr� 11
Attest: H D South rn
City Clerk
PREPARED AND APPROVED BY:
Mikele Carter
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
John S Lloyd — City Attorney
lonorable Meyers of the
City Commionion
OtadaNg#4
soM: p. W1 AndteUs
City ltlager
CITY ibP M1AM11i t'teRt A
tt=€ldt t Plet MtiViCitlAtItStiM
bA1 : 4024 1 6 htt
t;ub tct: City of Miadli Affirmative Action Plan
tittt REt4ctS:
tNeLottit €5:
Attached is a copy of the City of Miami Affirmative Action Platt whith 1 have plated
on the Agenda for the City Commission tneetittg on July 1,, 1975. Briefly, this Platt
States:
1. The City's polity to provide equal employmentand advancement opportunities
for all qualified persons; and
2. The City's policy to prohibit discrimination.
The Plan outlines the duties and responsibilities of the City Manager's Affirmative
Action Office, and those of the Affirmative Action Coordinator.
Tn addition, nine Affirmative Action Work Programs have been described. They are:
1. City Wide Affirmative Action Support and Department Affirmative Action Of-
ficers.
Requiring each Department Head to appoint a senior administrator to act as
the Department's Affirmative Action Officer and describing the responsibil-
ities of Department Affirmative Action Officers.
2. Department Affirmative Action Plans
Requiring each Department to write, and at least annually revise, a` detailed
Affirmative Action Plan.
3. Development and Enactment of Enabling Legislation
Requesting the City Commission to formally adopt the City of Miami Affirmative
Action Plan.
4. Estanlishment of Affirmative Action Task Force
Requiring all Department Affirmative Action Officers to meet regularly in
order to provide continuity to the City's Affirmative Action Program.
5. Recruitment Process
Requiring the appointment of a Task Force to critically examine all aspects
of the recruitment process and recommend corrective actions;
I
PoleOLOPLPrOkeaa
Requiting tha appointment cif a Task Force to critically examine
all aspects of the selection process and recommend Corrective
actions.
7 Gotttracting,
Requiting the appointment of a Task Force tto set unif+ rm and equitable
standards for compliance with Affirmative Action policies for all
those tdth %Awl the City does business.
Career Development
Requiring the appointment of a Task Force to examine the total
employment context In order to provide maximum opportunities for
professional growth and development for all employees.
9. Grievance Procedures
Requiring the appointment of a Task Force to examine all grievance
procedures in order to assure that complaints of discrimination are
processed in an equitable, timely manner.
cc: Honorable Maurice A. Ferre, Mayor
Honorable J. L. Plummer, Jr., Vice Mayor
Honorable Theodore R. Gibson
Honorable Rose Gordon
Honorable Manolo Reboso
THE
CITY OF MIAMI
AFFIRMATIVE ACTION PLAN
` bti City ttf teeogtiites tot ct ly d regal t bitgatib t, but $1 b at
otilit:rii and fiitir.al rtspotaibility to provide a 'tontett it ivtiieh its employ.,
tea and its t i t i tens will receive fair at d •equitable tteatmet t wLtl t ut regard
to tarp, color, religion, stets) natiatta] origin, place of birth, tnaritil status
or physical handicap. The City of Miami, therefore, publicly affirms its O t-
Titiment to a policy ttot only of t'toti-discrimination, but also to a policy of
affirmative action alined at enlarging and expanding the employment opportu-
nities of all qualified citizens.
The City of Miami Affirmative Action Plan will serve as a guideline for
fi1l, matters concerning equalemployment opportunities. It will be a state-
ment of the City's effortto achieve its goals of Affirmative Action and Equal
Opportunity. This plan will be subject to constant review,
change as circumstances, needs and experience require.
evaluation, and
Much progress has already been made by the City of Miami toward the goal
of Equal Opportunity, but our efforts must be continued and intensified if
we are fully to achieve our goals.
AtnkmAtlYE
it is the polity of the City of 'Multi tb provide equal opportunity
for emf,)byttrtnt and advantemert of all qualified persons; to lirbltfltit dfscrtifi=
fttatten in gilt bymtttt because of tAtei eolot, relight , Reif, except where sex
is a bona tide oteupatioraal requirement; national origin, plate of berth, ttar
itnl status, or physical handicap, extept where such physical handioap impedes
actual .job performance and to promote the full realization of equal opportu-
nity throughout all agencies of City government.
The City of Miami Affirmative Action Policy conforms with the require-
ments of the Federal Executive Orders, and other federal, state and local laws
and regulations, as amended, which speak to non-discrimination and equal employ-
ment opportunity*.
The City of Miami shall further equal employment opportunity by en-
suring that all governmental agencies, boards, commissions, or any other entity
of City governemnt shall:
I. recruite, hire, train and promote persons in all job classifi-
cations without regard to race, color, religion, sex (except
where sex is a bona fide occupational qualification), place of
birth, marital status or physical handicap (except where such
physicalhandicap impedes actual job performance);
2. ensure that employment and promotion decisions are in accordance
with equal employment and non-discrimination policy by impos-
ing only valid, job related requirements for employment and pro-
* Summaries of pertinent legislation and regulations can be found in Annex A.
2
mot ibb4
enure that all personnel actions, benefits, programs, terms
and conditions of employment ate t ooAiacritifiatory, and that
they ate administered without di,critlinatititi;
etisute that each Department of the City has a written, detailed
Affirmative Action Plan;
ensure that +tontraets entered into by the City with vendors,
contractors, suppliers, etc., contain Affirmative Action and
Equal Opportunity clauses, cancellation provisions for non-
compliance with equal employment opportunity policies and en-
forcement authority.
It is the goal of the City of Miami to achieve the highest quality
in all that it does. Achievement of this goal, as it relates to the Affirm-
ative Action Program, requires the employment of individuals who have the ca-
pacity, the qualifications and the motivation to perform their assigned tasks
in a superior fashion. The City shall employ the person best qualified to per-
form a given task. Therefore, the City shall follow a policy of non-discrim-
ination in the recruitment, selection and promotion of its personnel. The City
shall make special efforts to employ qualified members of minority` groups and
women in numbers approximately proportional to their availability in the work
force. This policy does not imply that any individual or group will be given
preferential treatment, nor does it imply that anyone be employed who lacks
the qualifications for a given assignment. This policy affirms that the City
is truly an Equal Opportunity Employer.
The responsibility for adhering to the principles of Affirmative Ac-
tion, as described above, rests with every employee, at whatever level, of the
City of Miami.
3
taint;
manta that all petannt,e1 scams, benefits, pingtats, terms
nail oofidi.tiotts of etlslbymcht ate hots=diactihittatoty, attd that
tlit•±y are administered without disc%imitiatiot;
etisure that each $epartment of the City has a tdi`ittett, detailed
Affirmative Actiot 'plat
ensure that contracts entered into 1y the City with vendors,
contractors, suppliers, etc., contain Affirmative Action and
Equal Opportunity clauses, cancellatiot provisions for ton -
compliance with equal employment opportunity policies and en-
forcement authority.
It is the goal of the City of Miami to achieve the highest quality
in all that it does. Achievement of this goal, as it relates to the Affirm-
ative Action Program, requires the employment of individuals who have the ca-
pacity, the qualifications and the motivation to perform their assigned tasks
in a superior fashion. The City shall employ the person best qualified to per-
form a given task. Therefore, the City shall follow a policy of non-discrim-
ination in the recruitment, selection and promotion of its personnel. The City
shall make special efforts to employ qualified members of minoritygroups and
women in numbers approximately proportional to their availability in the work
force. This policy does not imply that any individual or group will be given
preferential treatment, nor does it imply that anyone be employed who lacks
the qualifications for a given assignment. This policy affirms that the City
is truly an Equal Opportunity Employer.
The responsibility for adhering to the principles of Affirmative Ac-
tion, as described above, rests with every employee, at whatever level, of the
City of Miami.
Pt g 'illf fr' Wt 1 DOtIt:'Y .. SOMMENT
e 'City nt Miattits Atti%ihatiite Att oft Polity Statefntht Will be
to flit 'tbllawifigt
• :Ail t)epartfneftt bisect r
• All City etnployeea
- All unions atyd City organizations to which City employees
belong
• All contractors, Vendors, suppliers, etc., with ghost the
City does business
• City of Miami and bade County organizations, both public
and private, serving minorities) women, and the physically
handicapped
• City of Miami and bade County news media
This policy will be posted in the Civil Service Board Office, and
on all official City bulletin boards. Meetings will be held with elected
officials, department heads, supervisors, union officials, employee groups,
nnd others, to publicize this policy, and to remind all employees of their
individual responsibilities for carrying it out. Orientation meetings and/or
information packets for new and/or prospective employees will include informa-
tion on the City's posture as an Equal Employment Opportunity Employer, and
the City's Affirmative Action Plan and Program.
4
The pr wiry objective of the tity of Miatfii's Affirmative Ml io%i f ffite
3a to develop, to coordinate and to itiplemettt a eo rtptebetssive program of
At irtnativc Action With will assure -equal employment opportunities fat
ailpersons throughout all the departments, offices and governmental tervc
ices of the City. The City Manager of the City of Miami hat the ultimate
responsibility for Affirmative Action in all of the governmental entities
under his control; however, the primary responsibility for designing, imple-
menting, monitoring, evaluating and reporting upon the City's Affirmative
Action plan and Program has been delegated to the Affirmative Action Coor-
dinator. The responsibilities of this office will include, but will not be
restricted to the following:
a. to analyze obstacles which affect equal employment opportunities;
b. to formulate strategies to effectively eliminate these obstacles
to equal employment opportunities;
c. to establish goals to be achieved within given time -frames;
d. to monitor progress toward such goals;
e. to provide technical assistance; and,
f. to recommend policies and actions relative to federal, state and
local fair employment practice laws.
In order to implement the objectives of an Affirmative Action Program,
and to insure compliance with federal, state and local laws, the major work
programs of this office will be:
1. To assist all City departments, offices and agencies in developing
Affirmative Action Plans, including specific goals and timetables
which will further the City of Miami Affirmative Action Program;
Fo assure that the condition of all empi:oye s is it accord i.th
the intent tt the Program;
To assure thdt tontiiiuoiia r viCid is given to the adjustment of
job specificatiths to tefleet the act=ia1 tasks of the jobs and
the actual gtisl.ifieatiotis rt uired to carry but those jobs;
tt assure equity in dealing faith grievances, disciplinary actions
and personnel actions;
5. To assure that complete information concerning equal employment
opportunities is aggresively provided to all potential candidates
for employment;
f,. To assure that complete information concerning equal employment
opportunities is provided to all City employees;
7. To assist in the development of career ladders throughout the City;
8. To assure that means for personal and professional growth and de-
velopment are equitably made available to all City employees;
9. To monitor and evaluate the effectiveness of the Affirmative Action
Program on a continuing basis; and,
10. To provide relevant data on the City's Affirmative Action Program
to public and private agencies on the local, state and federal levels.
The more immediate goals of the Affirmative Action Office are:
1. To prepare a report of the status of the City of Miami as an Affirm-
ative Action Employer;
2. To actively and continuously solicit from the City Commission legis-
lation to reinforce the City's posture as an Affirmative Action Em-
ployer;
3. To cause the creation of a Task Force on Affirmative Action, to consist
of a senior administrator from each department. The responsibilities of
this Task iottt Via ihtlUdtt
t. to asfit to that tacb department has of At itmativ Argot
Pl h4atd
1�a to h4AUtt that each depattf,etit has at Attirmati t Action
ridh4 aftd
t`s to aNstite that the goals aad objea t ve§ of each dapartmettt`s
Affirmative Act .bt Platt ate being met.
lit 10111010-
7
t1te duties of ,the ' ootdi iatot of the City of M ammi Affirmative Aetion
1'tbgt lit will include, tut will trot be limited to the following
1.) to assess the City workforce profile it ordet tti detertttine the
nature and extent of Action required in the areas of
a.) recruitment practices;
1i.) qualification requirements;
t..) classification practices;
d.) pay practices;
e.) selection procedures and criteria;
f.) training programs;
g.) promotional practices;
h.) disciplinary practices;
i.) grievance practices;
j.) training opportunities and job enrichment; and,
k.) attitudinal programs;
2.) To coordinate the development of an Affirmative Action Plan, in
order to eliminate employment obstacles for all persons;
3.) To coordinate the implementation and administration of such Affirm-
ative Action Plan, and to periodically evaluate it;
4.) To provide consultation to all departments and offices of City
government in order to establish guidelines for strengthening
Affirmative Action Program effectiveness;
5.) To coordinate the development of systems for internal program eval-
uation and periodic progress reports;
6.) To assist the City of Miami Civil Service Board in the maintenance
and equitable application of just grievance procedures;
l� $ provide ptitimpt ad fart prottssiog t omplaititt f isttit►=
inatiotl
Ai) Th provide -equal employment t opportunity counselling;
.ing;
0.) to develop acid bait-teltt ititetrnal and etttett al chattels of coTmittoi
cat on related to equal employment opportunities;
1n.) to obtain and to maintain understanding and support of the City of
Miami Affirmative Action Program froth a 1. levels of City govern-
ment and from the public; and,
11.) Such other activities as deemed appropriate.
AtTildint,VE_ A ' 5fi. PAMAM_TVEOPlitift
t irmative Attiet 14.0 C,Pro; tem 1 'City Vide Affirmative Action Support and
Deportment Affirmative Actin ffftterax
An essential fnctot in any polity change br Altetatinn of practices it
the attitude of top-level management. Department and Division heads are ex
petted to provide personal leadership and to assume respont ib lity and au.,
hori.ty in the area of affirmative action, as in their other areas of oiiere-
ations.
Each Department Head will. Appoint a senior administrator, who is sen-
sitive to the problems of inter -group relations, to be the Department Affirm-
ative Action Officer. The Officer will report directly to the Department Head,
and will serve as liaison between the Department and the City's Affirmative Ac-
tion Program's policies and practices, the Officer will:
1. Be instructed by the Department Headthat Affirmative Action tasks
are an integral part of the job responsibilities;
2. Be given appropriate and periodic training. Training will include
information concerning legal rulings, individual responsiblity, in-
vestigatory reviews, detailed requirements of the Affirmative Action
Program, and specific help to meet problems which will arise;
3. Develop, and annually revise the Department's Affirmative Action
Plan, in consultation with the Department Head;
4. Forward to the Affirmative Action Office the Department's annual
Affirmative Action Plan and all required reports;
5. Assure that the Affirmative Action Office is at all times apprised
of changes/additions/deletions of the Department's Affirmative Ac-
tion Plan and that an up-to-date, complete copy of such plan is on
JO
fito itt 't1i 1ffit'm tine ACtift Office;
Prior to .tubmissit t , forward alt AffirMatiVe Action Platt tequited
by a;titries extet-twa. to the Gity t t 1MiaM . to the AMfitmati.V@ At,..
tiiifi Witte Pot ,alptoval;
74 he informed of all departmental employment opening§ as they become
available And teview the relatedness of the job specifi:catintts to
:ictukti job requirements before candidates ate recruited and selected;
A. At notified of approved overage requests and review the relatedness
of the job specifications to actual job requirements before candi-
dates .are recruited and selected;
(4 Review all requests for job reclassification action prior to sub-
mission through channels, and, if warranted, recommend positive ac-
tion;
10. Review and forward notices and specifications for new or pending
exempt positions to the Affirmative Action Office prior to recruit-
ment;
11. Participate in the planning of the department's annual budget subm
mission;
12. Forward the personnel components of the proposed and approved bud-
get submission to the Affirmative Action Office as soon as possible;
13. Forward copies of the personnel components of approved federal, state
and private agency grants and awards to the Affirmative Action Of-
fice prior to recruitment;
14. Prior to submission, forward for approval to the Affirmative Action
Office, through the Grants Coordinator copies of all grant and
contract proposals which are substantively related to the purposes
of the Affirmative Action Program;
1` 4 Apprise eofttrattors4 subtonttadtot�'u' q iiet5t1ort atld suppliers of
their obligation to contort' With the tequitemetts 'of the City Of
Niiafi Attti.ftative Action Program prior to conttatt shards;
1 � kevit+w, counsel and eoticiliatt gtievatces related to acid etvered
by the Civil Rights Act of 1964 as amehded, other federal atld state
taws, local Otrdit►antes, and Civil Service Board Mules and Re-
gulat ohs prior to formal review by the Task Force on Affirmative
Action;
17, Act as primary liaison between the department, program or agency,
and the City Affirmative Action Office in all matters related to equal
employment opportunities; and,
18 Meet regularly as an active participant of the Task Force on Affirm-
ative Action.
Affirmative Action Work Program 2 Department Affirmative Action Plans
Department Affirmative Action Plans are an integral part of a total stra-
tegy for implementing Affirmative Action Programs. These Plans must in-
clude:
1 Analysis of the present Department workforce by minority group and
sex;
2. Distribution of the minorities and women throughout all classifications
and salary ranges;
3. Identification of job classification and categories where females and
minorities are underutilized;
4. Projected attrition rates and expansion rates by job classifications
and job categories;
5. Establishment of specific hiring goals, and promotional goals, with
12
timetables, With long range t5 years) and intermediate targets;
Ana .ysiis nt the raises e,f underutiliZation Of minorities and mote l
and of problems et:C untered;
7. :!stablishtnefit of polity and specific proeedttres tti develop and
implement an internal tecordAeeping system to Monitor:
a. employee distributions by sex, race and national origin,
b. applicant flow;
c. effects of selection steps on each group;
d. promotions, transfers and terminations, with dates and reasons;
A. Identification and detailed description of Department strategies
for eliminating discrimination and for implementing Department
goals. Such strategies should include:
a. specialized recruitment efforts,
b. training programs
c4 selective certification;
d. alternatives to department -imposed selection standards and pro-
cedures,
e. alternatives to Civil Service selection standards and pro-
cedures
f. other such strategies, as appropriate.
9.Evidence that Department Administrators have been specifically assign-
ed to be responsible and accountable for achieving Department equal
employment opportunity goals;
10. Specifics of the development and implementation of an auditing and
reporting system that will measure program effectiveness.
The success of the Department planning process, and thus the program as
a whole, will be strengthened by participation of those groups ofpeople most
13
a
tloseiy afhhttted by the plans attd the program- racial, of tethhit ►
ititst physic.a11y handicapped, women acid others, and off' course, ghost hot
pe i t i c +l 1 y truth inured by law whh ate already in the City's employ. Otte
of the best :insurances of suceesful Affirmative Action Batt, and program
of#ecti.veness i.a the involveTent of not only of persons who ate personally
cotttmitted to the 'concept of affirmative action, but also those who are or
will he .affected by Affirmative Action Programs.
The City of Miami employment system will be reviewed in its entirety
in order to identify barriers to equal employment opportunity, with the
intent of effecting requisite changes to increase employment and advance-
ment opportunities for all. employees,
Affirmative Action Work Program 3 Development and Enactment of Enabling
Legislation.
tecause no activity or program can exist or have effects on the day -to
dny rind long term activities of the City of Miami without official sanction
and authorization, enabling legislation will sought from the Commission of the
City of Miami. Such legislation will include:
1.
A broad policy statement by the City Commission stating the intent
of said Commission:
a. to become an Affirmative Action Employer;
b. to take such actions as are necessary to implement such in-
tention.
2. Such other legislation as is deemed appropriate.
Affirmative Action Work Program 4 Establishment of Affirmative Action Task
Force
14
All Aftitfnative Action attivities eti,gagfed iti by the City of MUM. mitt
he t tmtt1 i netted nod d itected i in order hot rally to avoid toaste aiid dupl.iea
titjn, but (Ono to assure oilift tthity and equity throughout the City., for these
tennons • entlt bepnttth 1 t Affirmative Action Ot'fiter tall sit as tegulat tnetnr
bet of the Af f ittiati'Ve Action Task Force, which will be thaired by the At-
fittn tivc Action Coordinator.
It will be the responsibility of the Affirmative Action Task Porte:
1. To meet regularly, in order tot
a. share and exchange information;
b. provide continuity to the Affirmative Action Program;
2. To undertake such tasks as are necessary to develop and implement
bepartment Affirmative Action Plans and the City Affirmative Ac-
tion Plan as a whole.
3. Such other activities as deemed appropriate.
Affirmative Action Work Program 5 Recruitment Process
Because recruitment is the first procedural point at which equal em-
ployment opportunity has been stymied, a Study Team selected by the Task
Force will review and recommend corrective actions on City recruitment proc-
esses to the City Manager. Such Study Team should include:
1. Representative(s) from the City Civil Service Board
2. Representative(s) from the exempt service;
3 Representative(s) from the classified service;
4. Representative(s) from the Affirmative Action Office
Some areas this Study Team should consider taking as initial action are:
1. To critically analyze and review recruitment procedures for each
series of related job classifications in classified, unclassified
15
MM
s
and exe1pt positions tai'thin several. trty dtepattm►ent
To observe and to report on intake procedtres
To review and to report on tht tityf s i pahil i tiet ot idet tifyit►g
potebti l employees who ate fil1noritie, ot women
4, To recotntilettd procedures to Monitor the tecruittnet t process, ineiud�
inf; nh ippi ir_,-tnt flow record;
5. To identify media, channels 4 agencies, educational institutions,
minority, women's and community organizations which are concerned
with the needs of minorities and women;
6. To develop and cause to be implemented, strategies to effective-
ly exploit such groups as referred to in 115 above, to the posi-
tive benefit of the City of Miami in its posture as an Affirm-
ative Action Employer.
7. To recommend immediate changes and intermediate steps for inno-
vative systems of recruiting minorities and women into non-tradi-
tional jobs and careers.
Affirmative Action Work Program 6 Selection Processes
In order to assure that all steps in the selection process are truly
reflective of the goals and intent of the City of Miami Affirmative Action
Plan, an intensive review and evaluation of job requirements, hiring and
promotion standards and methods of selection and placement must be under-
taken. A Study Team, selected by the Affirmative Action Task Force will
review this area and prepare a report to the City Manager which will include
prioritized recommendations for change. Such Study Team should include:
1. Representative(s) from the City Civil Service Board;
2. Representative(s) from the exempt service;
16
1. Representative(s) from the classified servitt;
4. Representative(s) from the Affirmative AttiOn tftiee
5. ltcptescntntive(s) from the 1liatni CoThthtssioti o i the 'Status of
-Women;
6, Reptescnt. tivc(s) from the Minority groups and voinet,
Some nteaa this Study Teat should consider tatting as initial action are;
1. Review, evaluate and monitor existing validation studies;
2. Review job specifications and hiring standards to insure that they
reflect actual job functions. Priority should be given to critical
classifications determined by the Affirmative Action Office and
the Civil Service Board;
3. Review and evaluate all application forms to insure that their
design and use is job related and do not have discriminatory effects;
4. Review and evaluate all pre -employment inquiries and processes to
insure that they are job related and do not have discriminatory ef-
fects;
5. Recommend acti.on and alternatives to such tests and other selection
standards which disproportionately screen out minority group mem-
bers and women;
h. Record and monitor all steps of the selection procedure, indicat-
ing the effect of each on Equal Employment Opportunity.
Affirmative Action Work Program 7 Contracting
Pursuant to the policy of the City of Miami Affirmative Action Program,
contractors are obliged to provide equal employment opportunity. Unions are
responsible for non-discrimination under Title VII of the Equal Employment
Opportunity Act of 1972. It is incumbent upon the City not only to take the
17
Ad in equal etnpioymeht acti ities; but also to set thiform at d equitable
st.itldatds for those with %thorn it does 1usitiess= A Study Team should be form
ed to civ-►1 With these tatters, Such Study Team should i %dude
1. Rrprcatutative(s) ftotn the tiiiatlte tepatttettt
2. Labor Relations Otficet
1. Representative(s) from the planting bepatttietit
4. City Attorney/Assistant City Attorney
5, Representative(s) from contractors, vendors, supplier's With whom
the City does business
6. Representative(s) from Chambers of Commerce
7. Representative(s) from the Affirmative Action office
Some areas this Study Team should consider taking as initial action are:
1. Notify sub -contractors, contractors, vendors and suppliers in
writing of the City's Affirmative Action policy;
2. Include an Equal Employment Opportunity clause in purchase orders,
contracts, leases, etc., with revocation clauses for non-com-
pliance;
3. Solicit qualified minority contractors in an effort to create par-
ity between minority group and non -minority group contractors in
relationship to the number of contracts and the total dollar volume
of contracts;
4. Review, and revise if necessary, collective bargaining agree-
ments to insure that a non-discrimination clause covering all pro-
cedures of the agreement has been included;
5. Audit selected practices. If discriminatory barriers in collective
bargaining agreements are revealed, notify the union of the sec-
tion(s) which must be changed;
18
t tepatty draft iegisiatiott tot the City Ci MIStttn to ittaute that
equal employment opportunity provi ions ate requited fot those
seeking to do business with the City, Ail suet iegia2.ition pre.
purred must iticiude tevbcatioti clauses and enforetteht authority,
AfttrmatiVe Attibh taork .Progt,atn ; 8 Career Development
The formal and inforthal practices which affect assignment, transfer,
promotion and training for all jobs -management and lion-thanagemetit, clas-
sified, unclassified and exempt-- must be reviewed to assure that these
practices do not have a disparate effect on any employees, in order to
improve employment of minorities and women in all job classifications in
which they are under -represented. Inherent in this concept is the devel-
opment of career ladders, job enrichment programs and the provision of op-
portunities for both professional and personal
Study Team, selected by the Affirmative Action
area
and prepare a report to the City Manager.
growth and development. A
Task Force, will review this
Such Study Team should include:
. Representative(s) from the Civil Service Board
2. Labor Relations Officer
3. Representative(s) from the exempt service
4. Representative(s) from the classified service
5. Representative(s) from the minority groups and women
b. Representative(s) Affirmative Action Office
Some areas this Study Team should consider taking as initial are:
1. Develop and recommend examples of job -restructuring which would
provide promotional opportunities and training to minorities and
women and evaluate their success rate;
2. Analyze present apprenticiship, on the job, professional and man-
19
MW
MW
t
agenteht tt aihi.tig ptogtat►s. be thine participation itt theta rt
grains by Minorities said wot@et`t., and evaluate their s1tittea tata,
14 b.-W*11)p Nttategies to increnae both numbete of appretiticishit
inn-tltr-job, professional and management training g progra is, and
their availability to minotitits and women;
4, t)ei eiop and recommend career )adders and lattices which will have
the greatest itnpact on improving the conditions and oppottutiities
of minorities and women;
Develop .and recommend training programs which will have the great-
est impact on improving the conditions and opportunities of the mi-
norities and women;
h. Explore and recommend new approaches to career development, e.g.s
career counselling programs, day care provisions, flex -tune, etc.;
7. Identify formal and informal practices which act as barriers to
promotion and transfers, including those imposed by collective bar-
gaining agreements, and recommend corrective action;
8. Examine requirements for selecting apprentices and special bid-
ding procedures for incumbant workers which may have a discrimina-
tory effect on minorities and women;
9. Develop strategies and procedures for identifying minorities and
women who are qualified for promotion;
10. Design and recommend for implementation training and educational
programs which can positevely affect the achievement of Affirmative
Action goals.
Affirmative Action Work Program 9 Grievance Procedures
In order to assure timely and equitable processing of complaints of
'2 0
itittifi.tiativft, A ;Study het tot ' fievanto procedures 'will prepare and
+ o1itfii.t to the City Manager tot approval, ,a report outlining detatied griev-
ance proevdtires intltiding # re-eotinsel ittg, Investigation tontiliatiroti, fne"
piatioi, .`titd appeals, and would itei.ude civil st?tvite classified and fir
classifitd, exempt, part-time, temporary, seasonal, non= tiien and probation-
ary employees, Such Study Team should include.
1• Representative(s) from the Civil service Hoard
2. Representative(s) from the Classified service
1, Representative(s) from the exempt service
4. Labor Relations officer
5. City Attorney/Assistant City Attorney
6. City Manager/Assistant City Manager
7. Affirmative Action Coordinator
Some area this Study Team should consider taking as initial action are:
1. Critically examine Civil Service Rules and Regulations which re-
late to grievance procedures in order to determine if these pro-
cedures are in accord with the spirit and the letter of the City
of Miami Affirmative Action Program;
2 Critically examine the grievance procedures outlined in collective
bargaining agreements, and other contracts in which the City is
involved in, in order to determine if these procedures are in accord
with the spirit and the letter of the City of Miami Affirmative Ac-
tion Program;
3. Develop model grievance procedures to be adopted as City policy
and included in the Civil Service Commission Rules and Regulations.
21
AWE X A
t xp1ahAtory. l ist.. of ,Sselt etad_ MAi bt
Statutes and ttecut ve Odler§
Equal tyrty Act of 1963, 29 U►S,C Section 206, forbids wage discrimination
in public and private employment on the basis of sek between employees
performing substantially the bathe work. Adminiateted by the beparttnent of
Labor's Employment Standards Administration. ,Judicially enforced by both
public and private suits.
2, Title VI of the Civil Rights Act of 1964, 42 U.S.C. Section 2000d, tit;
amended by the Comprehensive Employment and Training Act of 1973, pro-
hibits discrimination on the basis of race, color, sex or national origin
in federally assisted programs to provide employment. Carries the sanction
of suspension or termination of federal funds. Administered by the federal
agency making the grant.
3. Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e, as
amended by the Equal Employment Opportunity Act of 1972, forbids discrim-
ination by public and private employers of 15 or more, labor unions and
employment agencies, on the basis of race, color, sex, religion or national
origin. Those portions relating to employment by the federal government
are administered by the U.S. Civil Service Commission and judicially
enforced by private suits; all other portions are administered by the
Equal Employment Opportunity Commission and judicially enforced by both
public and private suits.
4. Executive Order. 11141 (1964), 3 Code of Federal Regulations (C.F.R.) 112
(1974) forbids age discrimination in employment by those contracting with
the federal government.
. Executive Order 11246 (1965), C.F.R. 169 (1974) requires affirmative action
by those contracting with the federal government for $10,000 or more a year,
to avoid discrimination in employment on the basis of race, color, sex,
religion or nation origin and to remedy under -representation in their work
force. Enforced through the Department of Labor's Office of Federal Contract
Compliance and 18 delegate compliance agencies.
6. Age Discrimination in Employment Act of 1967, 29 U.S.C. Section 621, for-
bids federal state and localgovernmentsand private employers of 20 or
more, from discriminating in employment against those 40 to 65. Admini-
stered by the Employment Standards Administration of the Department of
Labor and judicially enforced by both public and private suits.
7. The Vocational Rehabilitation Act of 1973, in Sections 503 and 504,
requires non-discrimination against handicapped persons under any program
receiving federal assistance, and requires government contractors with
contracts of $2,500 or more to formulate affirmative action programs for
handicapped persons. Administered by the Department of Labor, Wage and
Hour Division.
22
7-1u75
MCeb
RESOLUTION NO, i5 _ 36
A RESOLUTION AFFIRMING TILE COMMITMENT OF
THE CITY OF MIAMI To A POLICY OP AP'IRMATI
ACTION IN EMPLOYMENT AND ADOPTING UM' CITY
OF MIAMI MFFI1tMATIVE ACTION PLAN ;Et1RT11ER
PROVIDING FOR A P IBLIC flt;ARING TO FULL? EVALUATE THIS
PLAN
t HEt EAS, 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 will receive
fair and equitable treatment, without regard to race, color,
religion, sex, age, national origin, place of birth, marital
status or physical handicap; and
WHEREAS, the City of Miami publicly affirms its
commitment to a policy not only of 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, the City of Miami Affirmative Action Plan
has been prepared; and
WHEREAS, the City of Miami Affirmative Action Plan
is subject to review, evaluation and change, as circumstances,
needs and experience require;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA;
Section 1. The City of Miami Affirmative Action Plan,
a copy of which is attached hereto and made a part hereof of this
resolution, be, and it is hereby, adopted.
Section 2. The City of riiami Affirmative Action Plan
be, and is hereby, a statement of the City' s efforts to achieve
#4.41"..
its goals of Affirmative Action and Equal. j:mployment opportunity,
Section 3, Providing for a public hearing to fully evaluate this Plat.
PASSED AND ADOPTED this 17th day of July, 1975,
PREPARED AND APPROVED BY:
1
Mikele Carter
Assistant City Attorney
John S. Lloyd. — City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
eMAJZ /IL J vv '�.
John S . Lloyd . - City Attorney
=ve-
CITY OF MIA.:, et alit
Defendants.
t,t ti 1�i1,!sl
Ji
'73 OCT 1 G AM 8 I. 4,4
0, COHN, et al.)
)
Plaintiffs, )
)
)
)
)
)
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OP
FLORIDA
CASE NO. 71.1B87.Civ- A
Nt TICS TO ITS CLASS OP PROPOSED
SITTLt�r--FILED
SEP 14 197
JSSiPH 1, BOGAR
DLtRK, II. S. DISC. Ct,
SOUTHERNOTDE DALE I A.
You are hereby notified that the parties in this action have entered
into a partial final settlement and that this settlement was approved by
this Court on June 4, 1973. Terms of this partial final settlement provide
as follows:
WHEREAS, Franklin Cohen and other black City of Miami policemen
brought a class action against the City of Miami alleging discrimination
by the City of Miami in recruitment, pay, promotion, training, and work
assignments of black police officers in the City of Miami Police Department;
and
WHEREAS, the City of Miami has the policy of prohibiting discrimination
in employment practices in the City of Miami; and -
WHEREAS, the City of Miami desires to achieve a fair and amicable
resolution of the case brought by the City of Miami black policemen; and
WHEREAS, the United States District Court has stated that it will
enter a Partial Final Order in this case with the consent of the City of
Miami; and
WHEREAS, the City of Miami agrees to the terms of the proposed
Partial. Final Order although denying that it has in any way discriminated
against any police applicant or police officer because of race, color, creed
or ethnic background;
WHEREAS, by agreeing to the entry -of the proposed Partial. Final Order
by the Court, the City of Miami does not waive any of its denials or.defenses
heretofore presented by its pleadings in the case;
'NOW, THEREFORE, BE IT RESOI:Y=A Bit TUE CQ`MYSSION 07 THE CITY OF Mom;
, FLORIDA;
Section 1, The City of Mimi agrees to the entry of 4 Partial. Final
i
•
4
Order in the United States District Court case `rank1 ii Ocher►,et__a .._.�t Cit.
#71-1887, the terms of which are as follows t
„PARTIAL MNAL anti
ti
The Court enters the following Pattie/ Final Order in the above
entitled cause, which will be applicable to the Defendant, CITY OF MAK,
hereinafter referred to as the City, ita officera, agents, and employees
and all other persona acting in concert or participation with them.
AGRBEMNT
1. The Court rtakea no finding of fact concerning the issues itn this
controversy which have been decided by this Partial Final Order.
2. The City shall, within a reasonable time, but not more Oan
twelve (12) months from the date of the final determination of this case
appoint an independent organization;
(a) to prepare entrance and promotional examinations for the City
Police Department,
(b) to monitor the giving of these examinations,
(c) to prepare a method for scoring the examinations which includes
giving weight to seniority, and
(d) to score these examinations..
All such examinations shall be designed to measure ability to perform the
job being tested for and, in addition, shall be so designed to have safe-
guards against any racial, cultural or ethnic biases." The independent organ
ization shall be hired by the Miami City Commission. The City Commission,
prior to hiring the independent organization, shall conduct a public hearing
concerning the qualifications of the independent organization. The organiza-
tion employed by the City shall be professionally competent to carry out the
intent and purposes contained in this decree. The Plaintiffs reserve the
right to object to the Defendants' selection of an agency where it is deter-
mined by Plaintiffs that the agency is unable to construct and administer
tests impartially as evidenced by that agency's history, personnel, and
methods. Whenever such objection is raised, the Court shall be the final'
arbiter:1
3. All examinat .on criteria used for meaning epplfcante for entrance
into the police force or for promotion shall be determined by the independent
organization for the Civil, Service Board to maintain en eligibility and pro-
motion register. The ranking of persona eligible for promotion shall be
determined by the independent organization based on the application of all
criteria to be used. The independent organization may use criteria other
than writtet criteria itcludirtg job experience and oral examination as long
ea such criteria measure the person for the ,fob for which he itt being tested,
and have safeguards to prevent any racial, cultural or ethnic bias.
The independent agency will cottitue to validate all entrance
examinations but will not be required to adtainieter ehe exam tiatiorks or
score them after a period of three (3) years from the date the examinations
are first giver. The agency will continue to validate all promotional
examinations but will not be required to administer the examinations or
score them after a period of five (5) years from the date the examipatione
are first given.
5. The promotional registers listing those who passed the promotional
examinations as prepared by the independent organization shall be valid for
one (1) year and cannot be extended.
6. The City recognizes that no black officer has served in any non-
classified policymaking position as of this time. Therefore, within eighteen
(18) months of the date of the Final Determination of this case there shall
be appointed, according to the Charter and Ordinances of the City of Miami,
a black officer from among its ranks to an unclassified policymaking position
within the City Police Department.
7. The City shall contact the Dade County Medical Association for'
assistance in establishing new medical standards for City Policemen; all
police applicants will take an entrance physical examination; all policemen
shall take an annual physical examination; no waivers on medical standards
for initial hiring will be allowed after establishment of new medical
standards, The entrance medical examination will be given by the city
physician; if an applicant is dissatisfied with the results of the examina-
tion he may go to his own physician; if such physician applies the City's
medical standards, his opinion and the city',physician's opinion will be
reviewed by a panel of three (3) independent physicians, as agreed upon by
the parties, and that decision will be final, The physical examination shall
be censidered in promoting police officers and the weights assigned to the
physical examination shah., be determined by the independent organization,
8. The City shall maintain as public records the name, address and
race of all applicants for the City police Department, together with records
indicating whether the applicants are hired, the tale, address and race of
all persons taking entrence or promotional examinations and results. Copies
of all validation studies conducted by the independent organisation and
other relevant documents shall, be made available to Plaintiffs by and through
them attorneys.
9. The City of Miami shall recruit and hire more black police offieera
for the City of Miami Police Department. The recruitment and hiring of black
officers shall continue until their representation in the department approX-
imates the percentage repreaentation in the City of Miami community. Such
representation is expected to be attained within the five (3) year court
jurisdiction of this order, assuming this will not require the City to loner
i,te standards for the recruitment of police officers. The City of Miami
shall also hire persons from other minority groups for the City of Miami
Police Department it the same banner that the City hires black officers.
10. No acts of reprisal shall betaken against those black officers
instrumental in the bringing and prosecution of this case.
11. The grievance procedure outlined in an administrative directive
from M.L. Reese to All City Employees dated March 22, 1961, applies:to
grievances concerting disciplinary matters within the City of Miami Police
Department. This remedy shall be in addition to what other remedies are
available to police officers.
12. The City Manager of the City shall have the responsibility for
the implementation of all the provisions of: this Consent Decree.
13. This Partial. Final Order disposes of all the issues between
the parties except the issue of Plaintiffs' claims for promotions and back
pay incident thereto. Defendants are not precluded by this Partial Final
Judgment from raising the defense of laches or any other appropriate defense:
14. Nothing contained in this Partial Final Order shall be construed
in any way as an admission on the part of any of the Defendants.
15. Plaintiffs' claims for back pay incident to promotions shall be
limited to the period December 14, 1969 through December 14, 1971.
1.6. This Court shall direct that notice be given to each of the
Plaintiffs advising them of their opportunity to have their claim for pro-
motions and back pay incident thereto to be litigated. The Plaintiffs shall
have twenty (20) days from the date of such notice to file with the Court
a notice that they wish to litigate their clangs for promotions and back
pay incident thereto. The claims of thos Plaintiffs who Rail to file ouch
1111111111.1
notice within the 20 day period shall be barred
The Court retains jurisdiction of this action for the purpose of
enforcing the tee of this deeree and for the purpose of adding any defendant
chose presence in court may be necessary for it to effectuate such enforcement,
After five (5) years from the date of this decree, the City may move for its
dissolution and unless the Plaintiffs show. good eauce to the contrary, this
decree shall be dissolved at that time,
it
According to the partial Final Order entered into between the parties,
"Plaintiffs, claims for back pay incident to promotions eha11 be limited to
the period December 14, 1969 through December 14, 1971", Twenty days from the
date of this notice, if you wish to contest a claim for promotions 'or backpay
on account of race, you must file with the Clerk of the District Court, a
notice stating that you wish to litigate your claims for promotions and back
pay incident thereto. If you fail to file your claim within twenty (20) days
of the date of this notice, your claim will be forever barred. 'tou mustfile.
your claim with the Clerk of the Southern District Court, P.O. Box 669,
Miami, Florida.
IxI
The Partial Final Order entered in this case referred to in I of
this order will become final on 0 C" j 62.1r1 5 , 1973, unless objections
are filed with this court on or before the aforesaid date. If anyone objects
to any of the provisions in this Partial Final Order contained in Part I above,
they must file their objections in writing with the Clerk of the Southern
District Court, P.O. Box 669, Miami, Florida, no later than 00*,i.er
1973,
Iv
If any objections are filed pursuant to XII above, this court shall
hold a hearing as soon as is practicable to rule on any of the aforesaid ob-n••
jest .one.
V
Thie order shall be mailed by the rleintiffs to All blade police
officers who were employed by the City of Miami Police Department on December
13, 1971, which is the date this lawauJ,t was filed, xn additiQ tilts order
fia 3r
shall be published in tot() in the I iamt Hox• . d within t
out data of entry of thto order.
DONS AND ORDEREDr at Nln Dada County, florid/4 tido „�/1! dgY
is _ , 1973#
NOVCo ROtTTGtit, JUDO
UNITED STATES DISTRICT COURT