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HomeMy WebLinkAboutM-75-0695Alt Department 14eads *04060,0 ho-Nt: P. W. Andrews City Mafa.ger CITY OP # otti e, iNTER,OrriCt MtMORANt UM BATE: jUL 2 2 1 77 t'I LL: SUE±JECT: Special Cof t lssion ivieettrig REkERENCES: ENCLOSURES: This is to inform you that on July 30, 1975 at 9:00 AM the City Commission will hold a special Meeting to discuss the progress the City has made in the areas of equal employment opportunity and the City's policy towards the adoption of art affirmative action plant and subsequent program. 1 am requesting that the Department Director or Assistant Director and the Affirmative Action Officer from each department attend this meeting. It is my intent that the department directors should attend this meeting, and only in the case that they are absent from the City shall they be represented by the assistant directors. MOTION NO. 75-695 A MOTION AGettING TO ACCEPT RECOMMENDATIONS ENUMERATED TRE MAYOR TRI8 DATE WITH RESPECT TO THE CITY'S AFFIRMATIVE ACTION PROGRAM WITH THE UNDEeSTANDING THAT THEY WILL et FORMALLY ADOPTED BY THE COMMISSION ON duty 31, 1975, SUBJECT TO ALTERATIONS AND OR ADDITIONS AT THAT TIME, SAID RECOMMENDATIONS BEING AS FOLLOWS: , Monthly Fact Sheet on a bepartment/Division basis to include people employed* on registers and oh their way into the systet and to reflect turnovet effective January 1, 1975. 2. 1 Hour (at least) at each Comnission Meeting once a month to discuss progress being made in the area of Affirmative Action. 3, Institution of a training program for the decision nakers of the City to delineate what Affirmative Action is, how the law functions and exactly what is to be done. 4. Establishment of an Advisory Committee composed of Consumers, Suppliers, the Administration, Employees, Civil Service Board, Law Department, Minorities (Blacks, Latins and Women) and the Public at large. Request City Manager to come up with plan hopefully before the end of August for a plan of 5 members or 9 members to constitute membership of boards with the City Commission to receive nominations. 5. Every Department HEad to become a decision maker in the Affirmative ACtion Program with representative of a minority a woman, black or latin in every department, a co-functioneer in Affirmative Action implementation. 6. Each Department to come up within next 30 days with an Affirmative Action plan, discussed with the employees of the department to be revied by the City Manager and submitted to the Affirmative Action Agent, discussed by the Advisory Board and brought to the Commission for ratification. 7. Establishment of Affirmative Action Coordinator as an independent function reporting directly to the City COmmission with request to the City Attorney to prepare a legal document based upon federal law and letters received saying that we must implement and that federal statutes supersede city statutes as to the legality of this person reporting directly to the Commission. 8. Affirmative Action Officer should be provided immediately with a full time secretary. 9. THe Law Department to be involved in the next Affirmative Action proposal to be submitted to the Commission in September with departmental and employee, consumer etc. participation, 10. Office space for Affirmative Action Program should be relocated from its present position in the basement to another location. 11. Establishment of a Grievance procedure. 12. Put teeth into Affirmative Action defining sequel of performance determining methods of enforcement. 13, Establisn time schedule ineluang numerical system requesting the 144w Department to research to be distributed to all interested and concerted persons, a definition of "Accelerated Numerical Goals" from the United States DePartment of Justice. 1.4 . No meetings should be held to discuss Unless representatives of tninorities Setttatives of employee groups and the find t6 be present. PASSED AND ADOPTED Thls dad any facets of Affirmative Action (Blacks i Latins and Women), repLea community at large have been itoti=- of /V, 1975: -1! MOTION NO. 'Saint A MOTION AtattINC TO ACCtPT RtCOMMENbATIONS tNUMtRATtb DV Tilt MAYOR THIS AT WITH RESPtCT TO THE CITYIS APPIRMATIVt ACTION PROCRAM WITh THE UMERSTANDING THAT THtY WILL tt PORMALLY AbOPTM tY THt COMMISSION ON DULY 21. I07S, SMJECT TO ALTtRATIONS ANb OR AbDITIONS AT THAT TINS, SAlb RECOMMENbATIONS tit= AP POLLOWS: 1. Monthly Pact Sheet on a bepartmentibivision basis to include people employed, on registers and on their way into the system and tO reflect turnover effective January 1, 197S. 2. 1 Hour (at least) at each Commission Meeting once a month to discuss progress being made in the area of Affirmative Action. 3. Institution of a training program for the decision makers of the City to delineate what Affirmative Action is, how the law fUnctions and exactly what is to be done. 4. Establishment of an Advisory Committee composed of Consumers, Suppliers, the Administration, Employees, Civil Service Board, Law Department, Minorities (Blacks, Latins and Women) and the Public at large. Request City Manager to come up with plan hopefully before the end of August for a plan of 5 members or 9 members to constitute membership of boards with the City Commission to receive nominations. 5. Every Department HEad to become a decision maker in the Affirmative ACtion Program with representative of a minority a woman, black or latin in every department, a co-functioneer in Affirmative Action implementation. 6. Each Department to come up within next 30 days with an Affirmative Action plan, discussed with the employees of the department to be revied by the City Manager and submitted to the Affirmative Action Agent, discussed by the Advisory Board and brought to the Commission for ratification. 7. Establishment of Affirmative Action Coordinator as an independent function reporting directly to the City COmmission with request to the City Attorney to prepare a legal document based upon federal law and letters received saying that we must implement and that federal statutes supersede city statutes as to the legality of this person reporting directly to the Commission. 8. Affirmative Action Officer should be provided immediately with a full time secretary. 9. THe Law Department to be involved in the next Affirmative Action proposal to be submitted to the Commission in September with departmental and employee, consumer etc. participation. 10. Office space for Affirmative Action Program should be relocated from its present position in the basement to another location. 11. Establishment of a Grievance procedure. 12, Put teeth into Affirmative Action defining sequel of performance determining methods of enforcement. 13. Establish time schedule including numerical system requesting the Law Department to research to be distributed to all interested and concerned persons, a definition of "Accelerated Numerical Goals" from the United States Department of Justice. sootlogo ohou d ho hold to dLa not & iy iacoth of Affirmative Aet on ions reptatebtati ves of m. or .t to (b aeko f Latina and Woien) , repre sehtative§ of employee groupgtoupe At the ton city at large have been totL� feed to be preeei t. PAgAtb AND AbOintb THI4 lay of3:44f 1§7t. my.291 Tit HONOR/Ott rlt ,111l S OP Tilt CITY COi' NISSIOi1 FROM: E SE 13 DORSET ly CfAIRNA ,1, Cr:TIZEN'S A�+DViADVISORY.? 1 BOARD+ C 1 Y OF MIAMI TI ICULTUTAL PROGRAM SUBJECT: CITY AFtytRitATlvir. AC'T'IO 4 111.O RMI ll:ie to other oblig t ons i it is my regret that I cotfLd not spear with tha 'Connission in person rc ger in g the Affirmative Actioi Plan n}� as has en. abes1.tb 1ni tted to the commission for ,,y adoption. However, I would like to state ny concern for the plan and offer so:`.:o constructive inpu't inleo the plan for your consideration., In all honesty, it ;::ls quite distressing to have read the plan a couple of weeks ago. This document, which can be far reachin into the ' iamt community, and which could play such an important iiar't in improving the image of this city, improve the welfare of the citizens, and set: a positive example for other cities u.as in my opinion little more than a slap in th e face to all minorities and all decent persons who support a policy of non-discrimination and affirmative action for all citizens of the community. Upon reading the plan, several key questions arose which perhaps should be thoroughly scrutinized before final adoption by the City Commission. Below are listed some of the pertinent points of concern which should be answered: 1. The physical location of the Affirmative Action Office (in the basement) is tot:ally out of phase with policy statements and ideas as espoused in this document. Symbolically, the present location gives a very negative connotation of the real level of concern by the city. For too long minorities have been shelved into the background or to t:he back door, and in the basement. I think this move will represent to all citizens your genuine concern for sewing that this city is committed to affirmative action. 2. Judging from the awesome responsibilities of the Affirmative Action Coordinator as outlined, the probability of successful implementation is minimized to such an extent as to seem to have beendesigned to failure. Perhaps prooer e.':o nsion of the staff:Ln=; of the oliice as co-coord:inetars (composed or minorities ) would be effective. 3. There seems to be an obvious lack of enforcement oo„ •ors in impl.t:rlene ng and maintaining an effective plan which will rteer.. rho goals of the plan. Perhaps stronger admtrt.strr tiv ent:or' ?;'..'rtt should be spell;.'d 0uC and adhere to in the plan. There is a lack of an adequate timetable for proper implementation' and continuity of the plan. 5. More active citizen participation should he encouraged from the minority communities in the final design and and i.r:.plcrentation of the plan. This move would give minority citirert;, a .voice in their welfare and pride In participation in their government, 4 July 29.i 1973 Thorotia h trna .ti sis n.f job rcctuiret��mi.1r and perfar mance' • should be unc1e rtn reen. to establish the validity •of • t arly' of the o itions 7_n order.to provide increased opportunities for minority candtdates . While the above observations are not all inclusive, my toa7:t concern is that the ArtitMatiVe Action Plan for the City.of Miami is 'tore vy,11 n1anned and 1l live v; up to the. poli.cy state ants bf the city. I believe that all citi ens deserve • the best 'and tastt ecgl:ltable affirmative actionplan. the City Fath :rs earl pro.idc for this col .;":ulii y i MYr i t•f f .�r�.. .::.�, C;e52�E? i rn. a,C.Z� a� o�{ ~,,.... u r T't t11 Co;tZi?i1I:11ty, 3 to •St'['. that %he f in u?ti ti °' Plan becomes a plan or substance of C: 1ich tc.! citi,zens of this com, .Unity can be proud. • Thank you ,• O. Tng HONORABLE MINIMS Or CITY COMMISSION i kN 4 l ELSEY DORSETT �� K' L i`` ; ::;:t (, _ _�_ CFtAIRMAN., _ ACIfTIZEN' S ABVtSO:tY BOARD' i CIT OF MIA1`MI TRICULTURAt PROGRAM SUBJECT: CITY C)r iiTAt•tI AFF IRMAT.VR ACTION PROGRAM Due to other obligations, it is Tay regret that I could not speak with the Commission in person regarding the Affirmative Action Plan as has been submitted to the commission for adoption. Re ev er, I would like to state my concern for the plan and offer sore constructive input into the plan for your consideration in all honesty, it was quite distressing to have read the plan a couple of weeks ago. This document, which can be far reaching into the Miami community, and which could play such an important part in improving the image of this city, inprovc the welfare of the citizens, and set a positive example for other cities was in my opinion little snore than a slap in to face to all minorities and all decent persons who support a policy of non-discrimination and affirmative action for all citizens of the community. unity . Upon reading the plan, several key questions arose which perhaps should be thoroughly scrutinized before final adoption by the City Commission. Below are listed some of the pertinent points of concern which should be answered: 1. The physical location of the Affirmative Action Office (in the basement) is totally out of phase with policy statements and ideas as espoused in this document. Symbolically, the present location gives a very negative connotation of the real level of concern by the city. For too long minorities have been shelved into the background or to the back door, and in the basement. I think this move will represent to all citizens your genuine concern for seeing that this city is committed to affirmative action. 2 Judging from the awesome responsibilities of the Affirmative Action Coordinator as outlined, the probability of successful implementation is minimized to such an extent as to seem to have been designed to failure. Perhaps proper expansion of: the staffing of the ofzice as co -coordinators ( composed of minorities ) would be effective. - 3. There seems to be an obvious lack of ,enforcement powers in implementing and maintaining an effective plan which will meet the goals of the plan. Perhaps stronger administrative enforcement should be spelled out and adhere to in the plan. 4, There is a lack of an adequate timetable for proper implementation and continuity of the plan. 5. More active citizen participation should be encouraged from 'the minority communities in the final design and and implementation of the plan, This move would give minority citizens a voice in their welfare and pride in participation in their government. Thoto h an,4y:4is o job . requirements and per1orniancc• • should ba•unc?ertakett to establish the validity of • tnatty or the positions in order to provide increased opportunities for•itinurity candidates h .lc the above observations are not all ineltsive, my main concern is that the Affirmative action Plan for the City of • Miami is i=,ore pa.atned, and wi:l.l live tip to thc• policy• state e`±ts of the city, 1 believe that all. c .titetm deserve • the best aid .host: equitable affirmative action plan the City Fathers can provide for this tomunity, • desire, as11 as ot�, rs, �t is m- •. � __ � in the cn �1n1.Cy, to See that the Affirmative Action. Plan bcco'.s a plan of• substance of `Cihich the citizens of this co1imuait y Can be proud.. Thank you. ,,Jtily 197 MEMORANDUM O THE HONORABLE MEMBERS Or THE CITY CO4MISStON PROM: K LSEY DOT SETT CITIZEN'S ADV S bay 1OA1.`. CITY OP MIAMI T1ltCULTUt At PROGRAM SUBJECT CITY OP MIAMI AT`FtR 1ATtVS ACTION PROGRAM Due to other obligations, it is my regret that t could not speak with the Commission it person regarding the Affirmative Action Plan as has been submitted to the commission for adoption, forever, t would like to state ray concern for the plan and offer so._.e constructive input into the plan for your consideration, In all honesty, it was quite distressing to have read the plan a couple of weeks ago, This document, which can be far reaching into the Miami community, and which could play such an -important part in improving the image of this city, improve the welfare of the citizens, and set a positive example for other cities was in my opinion little more than a slap in to face to all minorities and all decent persons who support a policy of non-discrimination and affirmative action for all citizens of the community. Upon reading the plan, several key questions arose which perhaps should be thoroughly scrutinized before final adoption by the City Commission. Below are listed some of the pertinent points of concern which should be answered: 1. The physical location of the Affirmative Action Office (in the basement) is totally out of phase with policy statements and ideas as espoused in this document. Symbolically, the present location gives a very negative connotation of the real level of concern by the city. For too long minorities have been shelved into the background or to the back door, and in the basement. I think this move will represent to all citizens your genuine concern for seeing that this city is committed to affirmative action. 2. Judging from the awesome responsibilities of the Affirmative Action Coordinator as outlined, the probability of successful implementation is minimized to such an extent as to seem to have been designed to failure. Perhaps proper e:Tansion of the staffing of the office as co -coordinators (composed of minorities ) would be effective, 3. There seems to be an obvious lack of enforcement powers in implementing and maintaining an effective plan which will meet the goals of the plan, Perhaps stronger administrative enforcement should be spelled out and adhere to in the plan. 4. There is a lack of an adeq.tate timetable for proper implementation and continuity of the plan. 5, More active citizen participation should be encouraged from the minority communities in the final design and and implementation of the plan, This move would give minority citizens a voice in their welfare and pride in participation in their government, Thorough analysis of job requirements and performance should be nndettaken to establish the validity of many of the positions in order to provide increased opportunities for tnittorty candidates 'While the above observations are tot all inclusive, my train concern is that the Affirmative Action Plan for the City of Miami is to well planned, and will live up to the policy statements of the city. 1 believe that all citizens deserve the best arid Lost equitable affirmative action plan the City t'ather s can provide for this community. It is r17 desire, as well as others in tie community, to see that t: e Affirmative Action plan becomes a plant of substance of which the citizens of this community can be proud, 'hank you. ti ti City of Miami TziCuitural Program 1393 S.W. First Street Suite 420 Miami, Fl. 33135 Honorable Maurice A. Ferre Mayor ittilliiiiii illiliIIilii iiIlllilllllIIIIll II 1111111111111111111111 r' F 1•.r r �. nix J < , yt{ ri•lt r yy ft SO6 339 FEDERAL SUPPLEMENT Patrick it lei..g)OUGU9-wu al„ egah*Uft,,. aide SI. S11:i.11Ml1,1N, Adndnlatratar of New l-atrit slaty alunutn ltesourers Ad. 4nlnlstr.►tlun and tarry L 4ironsti11n, City Director wf ifttualusmel, wad [lhuir• 4111111 of dhe New Wort: City 4'40I tier*, Ace teatiunis,ion. -Defendants. Nu. l>1 r01t'.319,'.. Unwed Sunrti 1)istrwt +Cuuri, S. D. Nen Park. ?gays 9. 1971. i'a.:.cedlug :tin ;motion Ly permanent resident aliens for .class action, :injunc- lite relief and ,declaration that section :of New 3"ark +C.ieil :Service Law :restrict- ing civil service iJmjiluyment to United .Stat,., -citizens .say nnconsl,U µtiuna . three judge d)istiict iCuurt, Tenney, ate seetibn sear ;uncodstitu- tionul.inithatijtAIRWet3,e�yuill rotertiun aunt it eras tantamount oo an o assertion tytcity and state eof the right to deny al- iens entrant ano a1fle, Sn ,exclusive 'federal ti ht. nfotlon ;granted. Lumbard, *Circuit Judge, filed .cuts- eurring =opinion. d- GCwtstitutiurutl Luw,C="•..14,:215 Where states ,classification ,either impinges tipon a fundamental right. ur is lased .upon an inherently suspect •ctas- aification such as race, alationality, or alienage, such classification is subject to "Pose judicial scrutiny" under -equal protection ,clause. 4.1.S:C.A.Cunst. Amend. 14. 2. CGunatitufonal raw Czaga1 Absent a showing that ''luyalty" re- quirement for city wr state's,distinguish- ung -between ;citizens and 'aliens [tears a relationship to a ,compelling interest of the city and state, such requirement A au - dates Liquid protection. U.S:C.A;Conut. ?Amend. 14. 3. E 1denne 14 Court took judicial notice of inobili- 3' of socit•ty and Alf 41nnIerous `persona who flock to ;places such as N.-w York -City and Washington. JY C. for rtdattwe- ly short stays in order to gain ialuat,le ts(berienee through government employ. ment ,or for the adventure and glamour those cities offer. Civil tier. ice Lan N. Y..§ 53. 4. Offie rs In absence of attempt to distinguish inning United States citizens in city and states Hiring of "curet•r" i•ird service employees. :discrimination against aliens un ground that aliens were less likely to retrain in the -United States during their employment lives and that a decision to return to Sus :homeland would adversely fleet the efficiency and stability of the sty and state governments was not d. Civil Service l aw'N, t a 53. Constitutional Law 311 State ntay not attempt to limit ex- tenditures:by creating invidiousdistinc• ions among persons within the state without viulating equal ptutcctiun. F. S:C.A.Cunst. Amend. 14. 41. Lainstitut1unal law a23 ttli Officers tz39 'Stabs" 0.1.1 Section of New York Civil Service Law restricting civil service employment to -United States citizens wasuneunstitu- tiunal in sthat;it viulated -equal protection and it was tantaniuunt to an assertion by city and state of the right to deny al- iens entrance and abode. au exclusive federal right. Civil' Service Law N.Y. a 53, subd. 1; 42 :U S.<'. A. ; 191i1 : A:Cutist. Amend. 14. Mobilization fur Youth Legal Services. Inc. -'Lester 11. Evens. Jeffrey C. Stark. New York City, of cuunxl), for plain- tiffs. Louis J. Leikowitz, Atty. lien. State of New Turk (Joel Lewittes. Asst. Atty. Den., -of coutuel)..1. Lie Rankin.Corl). 'Counsel, Neu York City t:Iudith A. Cor- don, 1 en York :(;ity, •uf counsel I, for de- fendants. ere Or • DOUGALL v. cite ea 3fi Y.8 Before LU31BARD. Circuit Judge. and McLEAN and TENNEY. District Judges. TENNEY. District Judge. Plaintiff., are four of approximately twenty la'rmauerit resident aliens who. prior to December 28. 197o. were em- ployed by private organizations which were merged .into the New York City Human Resuurces Administration on that date. The City program was di - meted to the improvement of job skills among the unemployed and the underem- plu.•ed. When the private organizations nere merged into the City program, plaintiffs were hired by the City and as- sured their positions and salaries would he the same., Shortly after their City employment commenced. however. plain- tiffs were discharged pursuant to New York Cicil Service Law § 53. subd. 1 9lcliinney 19591. solely because of their alienage2 On May 11. 1971. by order to allow cause plaintiffs, alleging that Section 53 violated the Equal Protection Clause of the fourteenth amendment. the Suprem- acy Clause of the Constitution. and their right to travel among the states,[ moved fur the convening of a three -judge court and other relief. The single district judge. U.C., 330 F.Supp. 285. found plaintiffs raised a substantial constitu- tional question and recommended the convening of a three -judge court. Pur- suant to the May 26. 1971 order of Chief Judge Henry J. Friendly, plaintiff's mo- tions for declaratory judgment. injunc- tive relief and determination of class I. f'.utddia Jorge and Vargas sere .•ur p{....,1 ae .Ire► t.puts. Idutnlift 1'al•1 n, :IN ti ►.blur lit:li.111 ri•.s.urira tCCLuieiuu; .ui4 iduiutdt Ibngall as uu Wmiaislrutisr a.sisluut iu U,.• stiff .lei.•luptarut unit. 2. .<ral.w 7.4t. now. I Mosaics: -1:s4 apt a. lu•r.•ia. ,.tl.erwise provi.k.l, is. p,rWm &bull Is• .t3 tl.l. f..e arrwult• meta fur any pwitiuu to the rump'U• t*N• .•lots unless he 6, a "Mica of the Unite.' States.'" 3 w'r l,u+r nut (.soul it ua..•swq to reach the question %krtlw-r auras Lair a 1.Vt• i a > �.. �i. 4 : t..1 . .. ` .fir"'. Ji.lr .' :.aa i.,j .• ,5 SUOARMAN 907 upp. UM i19:1) action' were submitted to this statutory three -judge court which heard argument on July 13. 197t. The issues raised by the instant action were recently the subjects of Graham v. Richardson. 4u3 U.S.:i65. 91 S.Cr. tat . 29 L.Ed.2d 534 (1971), in which the Su- preme Court held that state laws condi- tioning welfare as.istanie either on United States citizenship or. if the bene- ficiary was an alien, upon his .stint re- sided in the United States fur a speci- fied number of years were invalid, The rationale and holding of Graham control the outcome of plaudiffs' challenge to Section 53. Ill The fourteenth intendment pro. vides ''nor shall any State . . deny to any person within its jurisdiction the equal protection of the lawn'. and the Equal Protection Clau..e has lung been held to apply to aliens as welt as citizens. E. g., Yick Wo v. Hopkins. 118 U.S. 356, 369. 6 S.CL_ 1064. L.Ed. 220 (1886). Of cuurse, a state has tra- ditionally been permitted to make ciassi- fications provided these have a reason- able basis. E. q., Dandridge v. 1t: il- liams, a97 U.S. 471. 485, 90 S.Ct. 1153. 25 L.Ed.2d 491 (1970). Nevertheless. when a state's classification either im pinged upon a fundamental right, Shapi- ro v. Thompson. 394 U.S. 618. 89 S.C.t. 1322. 22 L.Ed.'_ti G00 (1969). or is hazed upon an inherently suspect c;assiiicatiou such as race. nationality or alienage. that dassificatiou is subject to "close ju- dicial scrutiny". Graham. supra 403 U. S. at 372, 91 S.Ct. 1SIS. Inasmuch as defendants have failed to demonstrate a stituticnal. trsi'rl ntwnitt tl:x ,tap•., _ 1. t'Iniontt: 'notion for rl.iss damn deter miaatlull la e.rxntal•. the eluss 1.11411 .se• slit of all permsn.nt trsident ultra% bailing in New York Stott wl.u. but for the eiifurarmeat of Si. pun. i, would otherwise be elhobie to minis:to tar etaa• plo)snent in the isimpetinre class of t't,.il Service. S. Juru.lieitou of th•s court la based upon _5 f.S.e. 1 1213131 and (III. Reference • is also muds: to 4:1 L•.S.i'. tit 1US1 ilia 1u13. i1 1..5 C. 11 r..1u1, 21 aal'2''4 iii ti r s 4 {'ss'C-t t..,e•.-.+..- .., �..-..-•r- ....wren. - turiee A: Pero$ /R t: Luis l uredo AMMATIVE ACTION July 29, 19! As a basis for negotiating the proposed Affirmative Action Plan of the City, , t offer these critiques of the existing proposed plan, so that they may be tgken into consideration in the drafting of a new plant The plan speaks of a goal of achieving + mpioyt ent in the City of Miami reflective of the "work force' and not reflective of the population at large, as does the City of Miami Police Department Consent Decree, i.e., Cohen va. City of dial.. Purther, there is no definition of "work force" anywhere in the document and there is a clear absence of definitions of termin- ology in general throughout the document. There was absolutely no community input into the drafting of this document, nor vas there dissemination of the document for community discussion. There is nowhere in the document, any specific numerical hiring goals, only general statements of intention. 2. 4. There is no timetable to achieve goals. 5, There is no grievance mechanism specifically defined by which minorities already hired by the City may seek redress for a discriminatory practice. 6. Composition of the Task Force - Basically controlled by the status quo. No community representation. 7. The Affirmative Action Coordinator should be in an independent position, responsible only to the City Commission and should be hired and able to be fired by the City Commission. 8. Under the proposed plan, each head of a City Department assigns a "Senior Administrator" to be his Department Affirmative Action Advisor in the Task Force on Affirmative Action. Needless to say, there is no "Senior Administrator" in any of the City Departments of Minority extraction. Furthermore, is this individual to be independent? Is he responsible to his departmental head instead of the City Commission directly? 9., Affirmative Action is by definition a legal requirement There is a marked absence of the City's Legal Department in either the draft- ing of the document, or in the composition of any of the Task Forces. There should be an individual, preferably of minority descent from the Law Department, assigned full time to the Affirmative Action Office. It is further stipulated that it would have been idead that the Affirmative Action Officer should have been a minority lawyer. fi- Th Affirmative Action Officer should have the power and financial ability to hire any outside consultants, including legal help, as he or she may deem necessary. All affirmative Action Office employees should be exempt employees and not Civil Service employees. All Task Forces 'should be composed of a 50-5O ratio, i.e., 302 from the City Administration appointed by the City Manager and Sag reeponstble community.representatives selected by the City. Commission. Yn conclusion, the only part of the proposed Affirmative Action Tian which t would leave undisturbed would be Section S (Subsection ()) on Page 13, vhic'h reads "alternatives to civil service selection standards and procedures" should be explored fully and expeditiously, as the only real solution to the City's hiring practices resides there. LL: rod Luis Lauredo July 29, 1973 APP1THATlVL ACTION PORMATION OP A PIVEd-MEMISR COMMUNITY T'Y ADVISORY BRAND ; 111646 ..m.... . W6. ..MUMS 1 allIGOWIAMMitiftibMIOMMMOSOOMMO At your request, i met today with Dr. Cuadrado, Luis Sales, tsquire, Rafael Viilaverde, John tassevil1e, and Armando Careia Sifredo to discuss the whole tatter of Affirmative Action and the meeting tomorrow. Originally, out intent was to tritici2e the Affirmative Action Plan of the City of Miami in specifies. However, its light of the two letters from the U.S. Justice Department, and the U.S. Treasury in which they outline certain requirements, and further on the understanding that the Justice Department already has a Consent Decree written out, We believe that the matter of dia- cussing the proposed City of Miami Affirmative Action Plan is rather aeademie at this time. It was the cot:census of the group, however, that the main thing to tome out of tomorrow's meeting should be the creation of a five -member Community Advisory Board on Affirmative Action, to work in conjunction with the City Administration and the United States Justice Department in drawing up the Consent Decree which in effect, would be the City of Miami Affirmative Action Plan. This Board should be appointed by the city Commission and should respond to the Commission, and a member, or the entire board, should be present at all meetings between the Justice Department and the City of Miami Administration. I will outline for you some of the datelines now in effect arising out of the two aforementioned letters: 1. U.S. Justice Department Civil Rights Division J. Stanley Pottinger's letter of: JULY 11 20 days JULY 31 (THURSDAY) U.S. Treasury Department Office of Revenue Sharing Graham Watt's letter of: JULY 17 AUGUST 16 - CORRECTING STEPS SEPTEMBER 15 - "SUBST.ANTIAL COMPLIANCE" • r 3 Fode Policy Sfaterrient 3775 A inenlOtantttrn stating- tht..., 1,,deral cyon I elm.dics conct-t nio; trtittioytilt,nt otitortunity in 5ttittt ond loc;11 giwci-rollont t tinter:I .tarett 23. 1":'.3. Ott-, S. .!;I'l Ill of th:: il ice ofth lItint of tilt! 01'1:(i. 1htt covvvittg rt:proilnet:d ir1izlttl i,. tta:: Itiohert 1latoptort, titiann ti ft I/. S. Sit!:viettr ; Sta.tit.). Co.-..t1t,t,x1; !lrott n, m...11 of and 1)..tt i 1.1n Direelor 0! Crtz: ()FCC. The is at$,) tTproaticet1 10:10‘,v, Virlet.rtIttttniq't rit 5: :an ()riler, tbe Etival Kin74oyrnent OPPor- torit Crsmni;"iott, ',Iles I of Ji the Cikii Service Cointr's-siort and the 1)e- pnrtinent of Iabur' r Fetleral Con- tract hat e arn1 rel.tted fot...oarnz with State a:0 Il.74:*:tt 1;v:ern:rents h eastrin2; that personnel sy5ten:s are free from di4- crirnination ori the basit of race, ce..ile.r, na- tional originreon or tiex. Que5titin5 often ari,e of ter.r.etlies to let en:ploy:al in cases At tre ha's been a Eittlirt-,: unia.Aful tliicrirri:tation. Since it i5 i:•nportlnt that Start awl local i.-,otern- tt:ente. have the henecit. oF 2 consist,,nt of fedt.ral standards an.1 ree4oirernertti, these four k.tenc.ies hate jninth, il...,velopeel a 5tatt- tner.t of nobcyljy winclt t thern4tIves an.1teir persourel irt $.1,7ating ttith State and local ;:o.oerrirrien's Cnir; tn.ttzer. 'rue point 4 Li-Mt:I:fled itt t tl trierno- ttith the ilresidnt',; annotinc I%lets s atel etch of thc. sicaLitorL.:4 oi the ,.iew that they arc con tlie r'rn policie, tit his agency. 1./iilitrertre -tiew may tflttith tespoct to the interpretation of part.; of etis. position :.,tateinent; in such C2S!'.14 W'e Will eN11:-,a federal fitil rrpresentati':e5 te) 0.14. ti,.ern with carli tither ;Ina with tti -fleet...A-try hi otcler to continue to re..olve any il,ues throulla r1 cooreination. i-fur. Ixottaril Gartnent, Special Con- sultant to the Presi.!ent, recently gaST art n.,.itlress on this subject in \Vai!iington and Alt: are al.;ri appendin. the trot ohi.; re- \l'e are sending information copie:stf this memorandum rnt its attachments to StAte arn1 Lo, al Cove::nd:4 and to the State Fair 1np trent Commissions. Vilf.tIORATIOUNI—PMISSII3LF.; GOALS ANO Trr,T ETA tt 1:,ES IfT sTAT?: AND LOCAL COVENrYtt::T EiMPLOY.N.:.:NT 1.ACTrCf.7.% This AOrnini,tration !tr.., ncc Sept--11,:r 190, r:•cogni7, d that ar..I timetable-, are in .,ppro;ate a provt•T ;, f.ar ttelrint-,- to ity..”n-nt r:-..ti,•n•-.-; co:r.nitmentstnetityl err;;,:oyrnent oppor- tenitie tltroit rm.+ t: prcT,r.t:ti 4. 0=t C.te other b Mt!, fit'ost'Is 2:111 1,:-.enert4t1 t r r. !ct,el rac.., co-r, r-ttioval alid arc-, ontrary to the prim.17ie's of ritr and have te,:en expressly r:jected by thi; Adminitration. Title VT f of the Civil Act oi ;t3 antemled by the "Fr;,...n,l_E.:-.-iplortr.ent 0:)! portnr.i.y Act of -1/.), c-nv.•rrt1 on the the Equal Ertploy- ta-nt (.)pportnnity C:orrirniss:,.:: enforcement re.,,m..ibitities for vlirnittating dkcrintina- tor,- vittpic,),rnerit [1ra:0:Cc; t:[14%1 ori ri,reli:=ion, and tieN. t,ttr• :UV!1tI (;()VVirnirt,'l : Employ:men': l'ractice.i forth in trt.tt I ntin, t;n.',.r the lliter;overron-tit.11 l'..r:ortrel Act Ole i'rrtsta:nlards statut-.;, the CiCil Comr:ii,:icw. ha.; an ohl.;.;.ttion ioc,11 go v rit.r.1) .1 tit-1 i.ractives tt-hich ope7-tte on a 1),.vittnt rt: of Labor and co.:it.: 1-..s.ccutive ttranclt n.,;eneies have res;ion,1411- i.i.., in the rtnt of vtpal employment o;,,or- tunitic.: ;t: it afiect.; -.tad teat govern-ent er.ti,I,,,/ers. —I his men-tor:twit:at add7esies the 01 how ti:c agenciei iti P.r2.71:11 CSC, a:t.A 70.::*".1;.:••A tqt:11 v;r74.1,kyrtt:f!!: a, t to irnpl.-..rwtit the OA •0:!...:iC/r1 11..".q.,verV provIr and timetables on ti!e one haat% and intpermi.,sible iitt,itt:i and preicrenvo, co the t,ther, with dt:e re;:.tr.1 for the tr....rit prin,ip'e.4 which st.ttes :tad 1or,t1 governin-Ints arc 07713 • -•-•••• • • •••-•.•• •-•••••.. -•- • .• 1 tit?1i!,tt41 to t!'11i•.•tt; auul «iiitti :.,'itic :.t:itt• ;trt! lriL tl t;t71't 1 Ntt:l'fa ctutil'ty t i Itot itlt,l>tl) f,Illrrtt• ' t !tit 1 r .,ti .1 t,.t L t•It1I)1ti. tt.(itt , (t ,!'tilt tttftitte . 't_). ttll� it ,t ,:� IC4 ;re that there f1i Cotitgict !i:'t11{e„ a title T:tt•t'It. ;.t:1,•Cti't:: !•ltti.tit tltrl rt;:::i ^,tlil ?t":tt,•tit l'•;%;. t ti'!It'. t.itell rtt;ttircs II' zt'i .ctinti.t !- tiott it! . ;1 ti ta, t :rin } 1 .. ;,�a ti rt .1. t I 'I, left', ari• r .. t, t::iit', that ;• 'it !lr.ii :'rt litr< a.iti!tt) ;,:t i!! tit, t:;t t:. is•t l ;is of t Vlii, i:il• tl;!:l`tl t' r! r, t 'I' I• tt ♦ C= 1\ 1:1)•.. t'; tt) tl:•. C J.!'t t i` Iia Clt �l •. ilt,rl litit ill wt! t'_'!tr •> t = t •,ai `",t ll ri'.t tict.s ti lt.Ctt of rat :,V(..tt.or1 t•:r. All r.1 t t ct Ct 5'ter ,.rive tlt:tt r ttal5 tilts+t 111:. troitrite• i:t <t!t tt`tllcti t;t itt t t•tli-dyiu„ ttit:titrtti u. :1II t. rcie: tec 1, ;nirr that t1,1.ere art p r--.a i1 15 LJ;a tt in.:t:,l i th I,: tie 11r.tii.^.{'i azt ?1t11i 1 \L'f!l1 t'C!altil t'ta;ti 1,::!Curt 'IB Yt'T1 ! 1:1 tl!e Act Ile or :!!. slit :Iltl lie given 'I,ttr.r ity Cott::Jl^r:ti'trt' 'for the ;text txpectett eec t:tcv, tegt..-ctt:.St: of hi,: tel.stit•e "ability r-! •fur:•;" at life time the 1t.r'r is ;fr..' ?iti liccsc . ,asls5 rtt ti.e t.'a of l?t_.ri:. tt ,'io.t, l.e or .,s '.%t3:t1lt 1•u tilt tilt' j•..i,. !tl :cat.., a!;n rrc!l,:nirr tie it it it t. 1., , ; :.)p"idle for rt cc!:rt to {ir tier art IttttiL'jer to ttt.'.'ri^. R ,•;•",rttt faith, tiVn•l: •C' 1.t..r ;t r) effort t0 ,: rtt l:nsl; fll? tirt:• t tl'L . t:1!t.. _ :s r,:t!'terr. of t'•t ,1 Lnt lit,. ._ 1t:.. L...t f.,t:tt.l, All ;;. rcie; cc=:; t?C tli: i•.t is t1i tint. tilt i` 1,L:t':!•Yt:t 1J r ., ihle t;vala tiff the ti.t.. 1t ttt,1 .,rlt1 1!rir,? ,.:1 .;il4 rtt'1t'., Girt t:.: other• sy:t"ii:': .a tl I,:.it I,.. l`t',. Tl 1t i•Ck ty,s C,t.'tt t:..e(t 1it it.i:lur, t i't 1'•:!rlt , . of tl::t tl`i r is (.(' it sole tt:: I :ilia. A r, lot? tl.e t ; t r•.'t't'^l co•tt,.":t, \vut:ltt ft.t•i! tall-te : iita;i+r: ..k„' 4"'. ct:_,!t•ri; the cr, c:.t t:••n. 1 ,! :t 'rt,:tl.i 1. t'.l:t•tt t-r t.' t: ......> :1' ii :tztiiv,, r.f jters•,r,„ t;•,' 1 ^. .. tit..? �,•"n, t :'.. 1 r.<i'. , t.ta!' ti a : !tilt! r'e. :t1.1 tit f.>.:•1 to ret!ec:t tit:: Ir 1 . .:, i tii:.s ca, nr Some ut;;•_r tat;tl•.tit_:1l 1, . j, tet ;u•!! cif Vol, ttt':a?,`.•r of !' ,tCi=t1"-1 :. j.j'tit::... , t. hu tr..-et If fia employer f tile•?3 1"t. tirn:il i;e s: c,•jt:ct tCt , .ttictiott. It t;'':1•! 1tY rte., t!L ;i:.. . that ti _ in rj' b_s rr t, it•t,::rt:•!i,'it.�t•:, :tart t:i:lt, t}r•tt lt? It rl itt .:.!! icieat C;t CarciC;, or that t!r• :e :.ere ii t CfSUC {!t •lit,tt::t'_•,? al,!'lt 3TTt; attltolt ;it 1!i. tti.ii it. 1;1i,r1 lait!t t•:, u?,tairt t!'.tn [Itrottglt s tt•r l liicll ftiltllrt! tt' tt rol.ttive , 1 �!tf,tt: li•i::t: ! tr, t tt•A; I Cil.'t?:il, h.'. Or tt:tti i t.tl r,: 1 Itirc•! ; t: ''tlrr f•:ri icti ::. c• t`. i^ i:'. 1 a t, '. .c ! • ti.al L i, ti . i t '!i ' t, !, l:t . d': t : 1' t r,t !(tl:St' 1. t .,.at• .. ::._ tt I: it:,t ;, 1, t...rl:. t ! 1• ,•'t t.'• ti..•. of tit! t. 1 I.. ct ... tt.ati C X1 : t ttI, t:ti` i4 t`.'t? . .-lt to °.ata.tit i,t, it:'i>.• e i''' l= tint \Ir-!t .;i1 i\'t' ; or ! .r!•,t t. .t 1 i!'*;ri. 1,;,;. It i 1t • 1 a, t•rc-tn :ra',:it tc+ t ,,.,.i tfiiort tr, ftt»l'.D.lc• j, I5 t t,: l t: c ^r+,:;= e,f, !1 ♦, i1. t't ` t. �'ii et of tti i tt •• `"t :r!,• (, }•,ir , c i t.ir.!, (l.l forr tt'dt 1::13 tf C,1 P.. tkti' to t!r, c_r 1:• .. t.' k i> tii t_ittflt'r t 5)+t':r:t r (iO'!.. t`J� ^'i)C", Ptt cr.;'?•�L .. i t :vvr te.rtire,t .r Itir. , 1' :5r.t1 wI:n tit.:,. rot !lave rtl .t1tiC-s.. i:.. t:. t•?t'Cl to i tfortn t!'e j't ;tort :ail .:1 t c 1• l l:r.rr 1; t:e, re,;t.iretl to Lire t.L •;;'.1 1!itt•\i jt:. •1 in )'t .. 7rit'e to '+.;'C''ittr'r .;';.',; •+•'y '.IV•, is {Itt?il t'tl.; .. ,r. IC ..a i.!:,,, •r re,,::itt.l to it `e t r t:":?ti' .i ( ier - so:t 'i I rt•t' r'.. 't' t.) :! 1 .. 'C t•tii•.i,t t !' ,.t`a• rt:.t1 t.r,t„. t.- :.Utll rtt'tt:tt• fir ;r: ..ir ;.i'• !,• to t!V t j ,', t'• tl::., et! oti,..r I' t•• f+s 1'. !' :!: ? t- ?' ._!t''i`t 'tCFtr.. '-lc. 'i. aft..!" ,t. tj• ;t? ` • I ' i ;t.k, t t . I .:r:r .1 1 t ..::t site 11 '+: a. r 1 .t..., .i' .:i. Ala..:.?i. ,•'i: tl!}• ' in t,,r� ri! li ''t:_ [•.• • i p. tI .r::t ttftr.•;-,r., .,it: -!t I:GiS" Mil i. t •!r.ry t.'Jd ttit' '' ''. ::1 of -C tl: •ci. ;r.t, r.-- th` civil;', ' over ti._ t _ r t ,.letr,l t . t: .'ct Ihi: i. ,...t rl:_.tt It'i• : `: t r 1 j':•?;;at t v r, `1 i.^.lt,t itt:tl .t','!'j., ..•: 1 tl._ 'i ,:, 1, Cr.a- t. rit v.itlt ti .. j,:itici;i':S 1 t . ,• ,i. j i?) c! '.,st5^_ati''ti,, i:t t•. i :ir tit:. t.• . ly ktit�!l I t.' n 1•,.rtts .'rt tt. r j• P ttrl v.lt'•:e tite;;e i r.•, _.. i'xlit•.!ei:c or t ' rc:t. : rrl p: rrc•tta-. to scc... .via j•.b ;, :l"•.,'. .:!Ctr, ttl •:,Sti' a1,;,1rc•t:tt:t ::tit I'!! 'J» qt:.. a: trir,it, to ;.e, :,rrrt tl.tr rt:!ir; ti•.:ts of rt-k .site j J ;:si 1)73, Cr Jzr+u;e Ir-c. i c \ nr,,ur tti a+'C,yi'tt \t'ith teCitdretl taerit principles, vctir,cr titer.• lt,ts 1)etn a i±i.,ttst't pC,+'tt-tlrful tli .c ut,ii:tatii,;t, if oa1r ate ;:et tllob � the 1,11< 1, t�t.rt:?cil t'ttcaticieanti t .iti,'ipat 1 `1t'i ,' 11 iitty t,( $1�11i5 in t`tt•' tf:.tket {al,tt.i-, t'tt t:nl,i,;t'vt'r Ittltil:t 1t; t'a,"Ctett to ttl Ci tit, goal,: if there I: .,`.• rtdetprit! {+?ttl Vi flit. :,) ::}+�t:ii tants fro:.. the (ti;crintit•,ttr,l 1 r,t: ll ti front watt. t Ft:) t ,!. t i! tf,i' PI11}pit,' r tloes not i:t.,t tits• I. the t t'i;at it to j;l,tify t tit . . flail: t i� , tt Itt•r4 Ftt�i i,'ll ', i��,P, tai'ilt {+tl �_ti,f; )'ttt tt•., :-eivetir,:t t-o.vdtt are fet iti<rri,1 ,tr ita•,t httr it,,. 1 to:'!d:. to t-easer41 tltto pi edict t: t :c•' ('_•ct, (;ri•;,•y .•, 7l:tdt 1'n:ter (t. {,r (•:1'i) r,St+i1 ri tt1 1... 4?i), there f:c.t.t. •t1} i; tt + t lli;t :;;:t a;ly ar; flat , oc tariff; • tirtz.fnpt>ite tatj:•rtti• 1y to order of the profi;thlttii:' of S:!Ccf',:; i.1rt l t the ��+'! Stull Cirltt t:ricC:4, :tll a t ci:C tt.tt•c 1ii"tt P. Ft,i`+lie ct t; t,\}'er triII be expected to ileti tr 1):.r10nr ,. cletti?t:t procctic:r: v:i!ii:t is PS Cti)1eet!Vf: .. t'tis:itle :ttttl i; 1,'•,elt- to 1,: proved t•:ti I n..i I:; rot 1 i *: t� t ri+ettt.tte the effect; of p:t •t discriclrt:ttioa; flit to inert tho.•c 1 iy-Fern sr' on :,tt i.2itcj t+"t •,f (: rt^le tion pr'•i't•iiart' rhottttt Ist o'.,j mite atla It 1t.'. ; beer, .' tC•• (; t,`t 1,,. tan,' it,r t'tat it t::.!:,t be 1r,o+;.nett', the t t:1ti; r tl fit! ; lift: : not tt c ,5. riff►' fact do t,e'tfr opt thkt j 6. \ccor fir :iy, if t), i4 ttot ttCi;t: itt•.rt t'ceatlr_' t•c the t;!t••ritt: t bi' :l tip:, i 1+`.' :C.l ii Ct', i{:'• pr41'rllll r't h'I '•-I . t' of the :4f:irr,:.t' ' . t ; i•1:1 ,t: ,, • ,!;:i ttla: 111.1.Y` to be reki:,tl.t\It tit., 11•_ r. , tl '+.1f; clot•. 1,0Z r:: iFt; t:re art at'to': er iU belr'('t Ott tle• tt:.... o lilte, f:.. .:11., .,•t,t tf;i:l (+r' e\ t;tL;. `:IN) t'':i �t'. 'U:a• t! t• rt rt :rod :tova'i'_t T\'l:trc ttt: t• cr'.i:.ir are t+ut t:Fii` .tt, t,!F' ,: :h.•1 t•;-�,:^ctl:,r�. t V.hr, \'. t). is : t.}t tt(+ I!,{{!'i' i ,t il:: j `o,,n ;e I.,. its . :t'.a:t.. \\i'.. t! 3` :rri;t) s ! i• \\',tiff � t): _ f•,. ,,: in nir,tt, tt! a^.;ree that the f.,:l ,..:. ;print ip!,, I. \t. t't•i :4ir it U .N-,ri:+t,riat• to t• •','i.. in:t{c, the•.a+•11+ .. ,r; . a ''f.t.hotihl Lao rt't , .'t, C:4C aRi:Ca ..;,.! t: it:! ,ii. t•: :':i , in the,:L:r:,.. t•i.li Itr;tttt:. {;t 1li•.:SCH. P.i;: rC t':.t„:. il't /lLtt'r ,::U:.!t•V h. • the t'rr1{ 1 )i'er 1 tt ;+'iil t--,t 010 t1 tttt tilt tt flirt +cturtt I), -t, u,::i l t !it tt- Cl lLttitit, ,l ill `t!l.i't i� ".. f � ti 1.,,, ar.,t it�t Shutt t t r t' l:t +r ' , t., 1 t ;{ > t r. ihto:trtr,t,!t: r :,tt t,.1 t •( t ti, eck of the et 1, t • in 1;; ttitea. sei'•cti , t t.f 1„ t..n: r•:il\' ft,.•.0 tort.. r.ii..r :at ,, .ti:'. I. :\ till, ttit , i!o.:, ti. 1:++ t: .,t� tc . tlt. it (r, :rt ttt. t'f { :r.- ' i:•, t•; 1 11,. to t:rt i:..t r,i Co- .t }t, . ;t fit•, t !_, tfti' t't tiJ t•.elt ott 'ti::' joss*, CI _....•ria,il • :•1") ttitt:;r %•1.4.1 1.. ,. _: C'rt (•rtw. ' ... \\itt . i'... !„ t trs, : f,+f_' +r.ti, i,t ; rtu..i.: ..1i'+;,•, ;!l r irt.tli•1 ) r:'.. .':ttt1 Sti.tti''.ti I ttra t il'11' ttr- I :t; f.)iiktl'. eti yC' r •!).a 7. P aa:!!'t:Ci'�, 11t y\, t-ec', and Ir tt..t:i;:•it i.f'. or r:.t �•ct�;•r`'•: it: elit.af t.l tt. i'i..t'. t,C it: to,-t tt1, CrLi .fair,' Fat ^ttt't'ti, t t:.ri .st.tntl- arll, it k,r!p' tof,iic.— is (l:t1•rn inin.:; t: to 1: ' tt „ t,, tirl; • rr L.tter tl t tl: 1 t: i!l 1). f 1 iil:it (mt. t 1 a• ttr that t!: are it: f,.t t n ): t . r t,i ttt.ttt. h. t _ cti tt,. t ., 3•ivt it:i;t tfi, t: :t,i=a {i.e. r,ii it l:t41r httl!'t'.tiCti;airi. ,!!ry its.; .t':2s t :tl t.. ;C' tilt• tat: tf Ur 3. to ry ct.t1: t1.••., 1 rtf'..rt li::t: Ztt croi.i%r.,:r ,. i! .1! circ!t:;t-t, zes Lire t+•' a t t•.;l xso1.7.1 ,in fart h, ,c•." . It j.l;a,:. e verr . , t, t.' .. ., a C</:;r: to r t' t 1 ;,.,t is nttt: 1, ii::..` t✓:,?t.°. %%let I .. ta: ;;t'+! i`I t,t, cr t. !st C. r t., .. :' or Y1 \ta x':. 1 t l,: a t, (.i'., is J•. t• ?CL:';,t"•i L'•'.:.alarat f,,. a :ii•)y• :l:f•,.er £rt tl,e I , v 1,011 its .\s a t;t•n' .:•1 ti.attcr. t 1 't,..a' t t _ it;'t r \',I. •a 1: i'.t: t') tt:,_ tit :1 .. t'fr It.t, ':! 1,y ...0 to th': t,.�:!t�... V,,J....) li its L. f , t:. _ ti:.•: ,t f t:i 0i 3775 tt! it+ttorltil realm? kilatttncat1t titgetintltitth5ty prattlers dtn.t•et tornpete for future vacAnetrt t tt the basis . , qualitica- tiotts and standards tto tnort severe than tIttttt uttli ed by the employer in selecting front the advantaged groups, utiless the in- tteased standards are required by business necessity+, 'Stich relief will he sott5,lrt to 1tt t-ettt the erection of unnecessary barriers to egt.tal employment orportuuities. Such relief will riot preclude 'a public einplbyer from adopting merit startrlards; nor trill it preclude such aft employer who has previ- ously itsed invalid selection stam1ards or procedures frotrt tlevelopinv, artcl a<inf talicl, job related selection standards and proce- dures as contemplated by paragraphs 2 and 5 of this memorandum. 5. Where an etnployer has utilised a setectiott device which is itself ttnlawfully discrirninatc'fy, relief should be sought to prohibit the use of that and sitnil,tr selec- tion devices (i. e., devices tvhich treasure 3775 fit 441-7S the saute hinds of things) tooth„tli the development of an appropriate aa;tt-rnati•re action. plan tvIticlt ritay irtcluilt goals and tinretahles in accord with the principle, set forth in this paper. lit artlition, trr. r:zll rile the courts to permit the enlr,lo e'r to sele•rt for develop) ;:rol validate t job rs- ltttcd selection t.r,,c.rclure uhirh »ill f:.citi- tatcc selections on the basis of relative ability to do the job. The speed v,ith \vitich sucli new selection devices t`.?il aria should he t.1evelr.ped and validated depends upon the facts and circumstances of each case. Agencies .with cgttal employment oppor- tunity responsibilities should talie actions in accordance with the principles outlined in this memorandum in corder to azsute coordinated approach within the Executive Branch to eliminate discriminatory employ-, ment practices and their consequences, (c} 1975, Commerce Clearing House, Inc. rn previous studies SALAD has identified unlawful discrimination h the employment practices of the school system and the metro govern - meat Those statistics revealed an intolerable situation which Was ov:Lctenced by the under -representation Of minorities employed in vela. tioas to their presence in the population of Dade County. Our recent investigation of the police force in the City of Miami has disclosed an even more alarming situation. Although Latins con- stitute 54% of the population of this city, they represent only 9% of tho.`,:' employed by its police force. The situation prevailing in the po : ;cc , however, was typical of what SALAD found throughout the city. indeed, a more exhaustive study of the hiring practices in every de- parz.inont betrays widespread patterns of discrimination against minori- ties and women at all levels. Furthermore, SALAD also found significant concentration of minori- ties and women in low-level categories, while 98% of all top-level positions (earning $25,000 or more) were held by Anglos. SALAD's findings clearly support the conclusion that the unlawful discrimination practiced by the Police Department represents just one manifestation of a city-wide pattern of employment procedures which has a "disparate effect" on minorities and women. We found evidence of 6iscrirlinatory treatment deeply embedded in the basic institution which control .recruitment, hiring, training, promotions, layoffs, dLscharges, disciplinary actions, wages and all other conditions of employment. These practices continue to have extremely unequal effect on Latins, Blacks and women, even in the abs•nct) of collscious intent to discriminate. In all civil service positions, for example, Latins and Blacks constitute less than 30 of those employed by the city, al- though together, they represent 78% of Miami's population. Where such statistics exist, the law Clearly places the burden of probf on the City gov'errLtnent tO :show that these figures are not the result of institutional. discrimination. It is the consecuence Of theemplo dent Practices of this city, not their intent, which__ c:et rmines whether discrimination regtiting=,remedial action exists. SALAD, moreover, found st:tong statistical evidence that any remedial action contemplated by this city is bound to fail, however fairly and impartially administered, as long as the Civil Service Board continues to create artificial barriers which operate to freeze the status quo of prior discriminatory practice. It seems tragic that the Civil Service Board, which was established to hire and pro- mote all citizens on the basis of merit has become an instrument to perpetuate an unlawful situation. SALAD has focused on the Civil Service because it controls % of all city jobs -- and it is precisely in this category where the minori- ties are under -represented. The percentage of Latins holding Civil Service jobs in the City of Miami is approximately i o while their percentage in positions not controlled by the Civil Service is 9 %. The contrast is similar in the case of Blacks and-weren. CITY OE MIA MI EMPLOYEES Civil Service Anglo Latin Black Women Non Civil Service As these figures clearly show, the legal necessity for positive, affirmative action to remove the cumulative effect of past discrimi- natory practice and to redress the existing inequities, must start With a thorough examination of the rules and regulations of the Civil Ser- vice an institution which, not coincidentally, is governed by a 0,404.1 Board oE five 4.:,Weeo. with no 40* a ..: e' representative. Equal Employment Opportunity is the law. It is mandated by federal, state and local legislation, Presidential Executive Orders and definitive court decisions. Since continuation of discriminatory practices will inevitably give rise to an Equal Employment Opportunity Action, common sense and sound legal advice should compel the City of Miami to eliminate immediately its unlawful practices. The only alternative to court action which will impose rigid quotas is to act now through the adherence to a bold Affirmative Action Plan designed to eliminate the institutional barriers that minorities and women now encounter in seeking employment and thereby to redress the historic imbalance favoring white males which prevails in the City of Miami. Such a plan must includ-h the following: 1. An analysis of minority and LR_m,::le employment by organizational lair -.mow 9-? unit and pity grade This inventory tgill help identify jobs, departments and units where there Is signi.ficant unz eruti1iza- tion or Concentration of minorities and women. Once the city undertakes this task, it will realize, for example, that half of all Blacks holding Civil Service positions are concentrated in the Sanitation Department and there, they function, hot in administrative positions, but as garbage coiledtots. 2. The development of result -oriented procedures to determine specific goals and a time schedule for correcting minority underutili nation. These goals and timetables must specify numerical increases in minority and female employment, by job classification, which the city administration aims to achieve. 3. The establishment of a citizensM systea to determine the effectiveness of the Affirmative Action Plan. If the employ- ment of minorities and women fall below the targeted goals, this monitoring system will immediately call for a careful examination of whether systemic barriers have been overcome, and whether more satisfactory progress can be made in re- dressing patterns of underutilization. 4. The development and implementation of specific programs to eliminate barriers and achieve goals. Careful attention must be given to the disparate effect of the Civil Service rules and regulations which so blatantly exclude Latins, Blacks and women from employment in the City of Miami. SALAD strongly believes that these steps represent the basic elements of an effective Affirmative Action Ilan which the City of i Miami ImItst implement immediately. Deyon_:. the legal necessity to guarantee all Miami citizens the righi: to work and advance oft the basis of merit, and not on the basis of extraneous factors such as race, religion, sex or national origins, SALAD also must address the larger.` is sue o f lack of responsiveness to the upecaal needs of minori- ties in the delivery of public services. This city t s ability to prt vide adequate services to minorities paying through taxation for those salaries, is severely handicapped in the absence of public employees who can effectively communicate with the largest segment of taxpayers. It is not time to recognize the tragic realities of the present situation. SALAD believes that the City of Miami Commission and its administration must discharge its lawful responsibilities to all citizens in this community without further delay. SALAD believes that it is now time for the City Commission to remind the Civil Service Board that it was appointed to uphold the law, not to abuse it. SALAD believes that the five members who sit on the Civil Service Board must be held accountable to those who pay their salaries. Finally, SALAD will support any serious attempt by the City Commission to bring Miami under compliance with the spirit of the Equal Employment Opportunity legislation which is so do Tile, rooted in the American heritage. STAMM i T By TH2 CHAIRPBRSON oP Tat CAB BMPLOYMBNT COMMIT'TEB, CARMBN N. MARINA, Bb..b. , TO Tit MIAMI CITY COMMISSION AT ITS PUBLIC HEARING ING by 30, 1975, 0M TH8 CITY' S PROPOSBb A PI` MATIVV ACTION P1 1. The Bmploymeht Committee of the CAB and the 'CAB are gratifies by the fact that the City of Miami is now undertaking eXtensive steps to correct certain employment shortcomings by the institution of an Affirmative Action Plan, 2. At the same time- the representatives of the Community Relations Board would like to make the following suggestions which are based on a thorough study of the Affirmative Action Plan submitted to the Commission by the city Manager. These recommendations are as follows: a. The CRB feels that the public ought to participate in the employment changes and new policies to be created by the Affirmative Action Plan. This could be done through the appointment by the City Commission of a Citizen's Advisory Board which would give its counsel in the execution of the Affirmative Action policy and the institution of the Affirmative Action Plan. . The CRB feels that a clause should be inserted in the Affirmative Action Plan making it incumbent on the City Manager to report at least semiannually on the progress made in the execution of the Affirmative Action Plan. C. The Clkt would like to recommend that the City Manager set a deadline for the intended review of the City of Miami employment system and that this review be undertaken with the advice of the Citigen's Advisory Board to be appointed by the City Commission The ClIn believes that the City Manager should Set a firm deadline for all departments by which the departments' Affirmative Action Plan and certain steps of that plan must be completed. e. The CR8 hopes that the City Commission will ask the City Manager to report back to it on the above points as soon as possible, ein 7/30/75 $' • �. Jl• i.; • 7 i • • ■ i,;, ;.,,i i 1 • ACflON TO pSSpRE JO3BIv"HTSURGE[ Cotritmissioh tapott disk: improved trifotCetileht + 1 y t:f?Nt:Sr t asl ti'hoLpit SO:Ai t is : he t:P* idrt 11rnr dASF11NGTCtN, July 1 Ti,;• United States Civil Rights Commission, in itt report thi,. tveek urging the formation of a ttew and ' comprehensive tgeri 'v to prrtect the job rights sir tnil..srities, proposed a num- ber of interim moves to im Pros Fcaer:tl enforce:tent of, preseht tla , against etnptoy- •rnent discrimination, :• 't'�pile we . believe that a Natmotial Empioyntetit .Rights, 13oard is tiecessari," said Ar-i thur S, Fietrtning, chairman of, the commission; "nothing pro-.. f hWL-its interim steps, tnany or' which could be taken by tiro_.' President by issuing executive order's. " The Equal Employment Op-i ;moronity Commission. which has the assienment of enforc-1 'ing antidiscrimination- laws in; the. private employment se'tor, could' be improved and made! more efficent in the fbilov'in;, ways, the commission said. tiEach of the five equal ern-! ployrnent commissioners, ex-' cept the chairman, should have! .pacific areas of respattsihiiity.i The ayencv's command should; be arranged solthat the execs-'. Live director, row a weak posi-, Lion, ::hound have clear author-1 ity over all staff members ex-, cept the general counsel's of- fice. • Call complainants' whose! 'grievances have been on' record; with the equal -employment; agency fr,r ISO days without' successful conciliation should be told that they have the right to bring private suit, unless the commission has agreed to use their complaint as part of its own litigation. This might help to reduce the large•bitcklog o:; cases. ' clAnatber *means of easing' the load has been to refer some complaints to state or local en- forcerr.ent agencies. liow. ver , in 1974, for instaneeer.tate and lo^ rl mine es handfed-- only 7,000 of .2,u0O as referred ..n then*. The 'commission should have fonds to pay these agencies fur handling the cases and the Government•should he, sure that state and local agencies are working . under. standards at least•as stringent . us Haase of the c"qual er .ploy-• silent ageacy. Ube commission should concentrate its efforts on sys teniatic dcscrimination ,by talc-, ire.; action, aganst large Emit ployers and employers that are leaders of their industry ,and ,use its :;ithc,rity to .gale entit'i! • ,inlust.ries, • nlq enr.:,t'at decrees, Loch those s vrlvin v' the Ar, , rich;: ';Irphon.e nil r'ele, rift, C.i.rn•' ;tsny and the steel industry, the, F,E.O.0 ;hood allir,V Sent4tive5 of the affic ted of the rir'Kers should he! al- lowed.t.r, take part in the non- ziation>. , , I{ On tit'tf4ctlaq I'rrt'r<dtues I O,IMPtt 6y nr;'r=+ M• r., ._ate:� . fa Taz 44Jl;W YORK vita 'Sr stt.Nb r, jrlLt O:!-eJectinn Procedures In the case of the Civil Ri^hts Camm:ssiori, which has I diction over 4 rer cent of the, e:nployed people i-"t the nation, the following suggestions were. made in the report, issued Tuesday: gThe commission should be; sure that selection procedures • used by }federal employers do! tot discriminate against minor - ides or women. The civil r-, vice should use some of tha expertise accumulated by the; equal employment agency in; testing the validity of selection; processed. (The right of preference than military veterans enjoy shouldi be limited. A veteran should! be able to exercise his right; or preference only once in the' five years • ofter he leaves the; F. mi.(i'JCC. r .;The .civil service 'should, abolish the "rule of/three,", vibich provides that a govern meet employer can .hire only; me of the too three candidates,! "to 'p,rmit .hirirg ofridals tol select ;rem a wider range of; ;candidates, since current rank-' -ng and testing procedures are, tnreiitble and unjustifiably, kcreen oualified minorities and *women." jt 1.,'The civil sevice should aI- in:v 'en' .1cs'io rna .r rate, . ctnn c origin or sex a truenrn j l of`-sT i on in accorri with af- t • r!;:r7 IC'2r'- auto - -1i aT' 'T'ftis iSht.:ttu 1.e p:m`:t1TfI-ed until nio-' inerities are represented equi- 1 valent '."to the ntrrnbers in the j availa5le work force." The civil; j srrvir:e . has i ; i l r,ti;L 1p j preach as a 1`t, ,.nat�,,na.t: `cunrnc with ii.s noi:o. of goer 1 The TeDlirrialso refon-intend: ' I cd that Government agent es` / should be compelled -to drawl F I up afirrna:.ive action plars'atid; i abide by goals and tinietahlsi r for reaching equitable represen l tatian of minorities and women in their wort: forces and at all. pay levels. In the case of the Labor' i Department, which has the re- • sponsibility for 'assuring that' industries that deal with tile. Government have fair hiring" policies, the commission s id, the department. 'should Con so'it'_itc its enforcement effort. - Under present practices, the i a utl:rite ten the various Federal t d.' artni : has del rt;a1 its , a;m files that 16e outside. Con- tr meter;, a pr rodeo. that has he'll said to cause (Urlili!iting and confusing stand;ird, of i .n- fo:,.,e—en,t and, t.‘o nftei, rmo• entcrce,r,ent, a i CITY Op I I+AMI , MANPOWER • b `'IDS TITLE II ridgiata gPANISII ANGLOMALE PITYMANAGER pommu ttT*Y APPAIRS Administrative Assist. 1 Cultural Affairs Aide 1 Secretary II 1 Administrative Secretary 1. Cultural Affairs Coord. BUILING__DEPA 2TMENT 5 Codes Compliance Inspe 3 Typist Clerk I 2 Zoning Inspector PARKS AND RECREATION DAYCARE 1 Administrative Aide 3 Day Care Aide 2 Teacher Assistant 3 Typist Clerk I 2 Day Care Instructor PARKS AND RECREATION 1 Auto Mechanic 2 Auto Servicemen 8 Custodian 1 Engineering Tech. I 3 Groudman '4 Maintenance Repairman 15 Laborer 1 1 2 2 10 1.1111110111.111101111101, l 1 1 1. 4 2 2 1 2 1 3 3 5 1 2 2 3 2 cont. A LAW i EPA 4M1 t.T 1 Secretary I1 PA1kt<L ANRECREATION 1 Typist Clerk I 2 Pipefllter 1 Recreation Leader I/ 6 Recreation Leaders 2 1 Park Forerun 10 Parr Manger 11 Laborer 10 Free Trimmers PLANN.INO DEPA1 TMENT 3 Planning intern 1 Secretary I 8SPANISH# ANGLO VEMALE 8 . 2 4 2 7 2 POLICE DEPARTMENT 1 Computer Programer 1 Duplicating Equip. Oper 1 Account Clerk 1 Mail Clerk 2 Clerk I 3 Secretary II 1 Communication Operator 1 Communication Clerk 13 Typist Clerk 4 Custodians PUBLIC FACILITIES 1 Watchman 1 1 1 1 1 2 7 3 1 1 2 2 1 1 12 et . 1 Account Clerk 1 Material Mgt. Analyst 1 Electrician 1 Maaen 5 Carpenter 7 Painter 2 Heavy Equip. Serviceman 1 Air Conditioning mech. 6 Custodian 5 Stuck Clerk 7 Laborer PuBLC. woXs. 1 Clerk II 4 Engineering Teehn. III 10 Automotive Equip. Oper. 25 Laborers PUBLICITY DEPARTMENT 1 Photographer 3 Publicity Writer 1 Typist Clerk I 6 Laborer SANITATION 2 Waste Equip. Oper. 9 Waste Collector Oper. I 1 Waste Collector Oper. II 3 Custodian 1 Trades Trainee Electric'. 2 Watchman 30 Waste Collectors Total poeitione 250 1 5 20 3 2. 1 5 6 2 3 4 5 1 3 5 4 2 1 3 2 6 1 20 • 1.1 102 126 22 42 PARXS_AND_RECRPATZON, 43 Reoraation Leacee 14 Tree -Trimmers 1 MasBr �r1 painter 1 Carpenter 1 Lifeguard l Welder 2 park Tenser 3 Typist Clerk I 20 Park Ranger rIRS,. DEPARTMENT 1 Clerk I 6 Heavy Equip. Serv. 5 Laborer 1 Manpower Labr. Sup 1 Manpower Crew Supe 2 Typist Clerk I 3 W'atchman Custodian 1 Stock Clerk LABOR RELATIONS DEPT. 1 Account Clerk Typist Clerk I PLANNING DEPARTMENT 1 Planning Intern MANPOWER OFFICE STAFF IILACXS SPANISH ANGLO FEMALE 20 10 1 1 l 1 15 1 Project Director 1 Administrative Assist. Administrative Secre ary 20 4 1 1 1 2 3 1 5 1 13 3 'Clerk 2 ct-munieatLbn Operator 5 Police Ct mmUnicatit n Clerk 5 Custodian 5 1. D. Technician. 3 Mail Clerk 5 Police Property Custoc. 3 'Typist Clerk 1 3 bockmaster Assistant 7 Custodian 4 Groundsman 4 Laborer 1 Marine Facilities Attendant 1 Typist Clerk 3 Watchman 1 Assistant Stadium Mgr. PUBLIC PROPERTIES DEPT. 2 Automotive Mechanic 2 Automotive Serviceman 1 Heavy Equip. Serviceman 1 Laborer 1'.Painter 4 Trades Trainee 1 Manpower Trades Crew Supervisor PUBLIC WORKS DEPT. 2 Eng. Tech. I 1 Carpenter 5 Laborer 2 Tree -Trimmer malts SPAS A[GtO tJ 3. 3 3 4 3 2 2 2 1 1 1 1 1 2 1 2 2 1 2 1 2 2 2 2 2 1 3 1 TITLE VI JUI ' 24, 1575 C'�Wdej c6 i$5tON 1 Clerk I 1 Administrative Aide 1 Secretary I1 C r .. IANC51. SUrxT 2 Budget Analyst Interns COMMUNITY AFFAIRS 3 Community Workers 3 Typist Clerk I 4 Cultural Affairs Aides 1 Micro -Film Operator 1 Secretary II CRB 1 Admin. Aide CRB 2 Admin. Intern FINANCE DEPARTMENT 2 Typist Clerk I 1 Purchasing Stds. Analys FIRE DEPARTMENT 10 Watchman/Custodian 1 Publicity Writer 10 Fire Service Aides $tACX SPANI U OLO `4Nl Lt 1 2 3 1 6 1 3 1 3 1 l i rent 1 Photographer 1 Publicity Writer 130 Total Poa it Lana 24 • XAL COMM SS/ON M 1Nt CITY Ok MIAMI July 30, 1975 1. Presentation by City Manager on efforts to Meet points of agreerrtent on the Franklin Cohen consent decree. Report by City Attorney on legal interpretations and ramifications of matters related to Title VR of the Civil Rights Act. a) July 11, 1975 letter from J. Stanley Pottinger, Assistant Attorney Oeteral, Civil Rights Division. b) July 17, 1975 letter from Crahatn W. Watt, Director, Office of Revenue Sharing. Report by Civil Service Board and staff on efforts to increase minority employment in the Civil Service ranks of the City of Miami. 4. Presentation by Community Outreach & Career Program Advisory Board and staff on recruitment program. 5. Review of employment processes and recruitment of Manpower Program. 6. Report on Police Department efforts to increase minority participation in the department. Report by Chief Watkins and staff. 7. Discussion of policy and legislative intent of the City of Miami to establish an Affirmative Action Plan. 8. Recommendations for the development of an Affirmative Action Program. gpartratttl ttt Oustice JULi 1 John Lloyd, Esquire City Attorney City of Miami 65 S.14, pitst Street Niami, Florida 33130 Dear Sir: This letter is to inform you of the results of our investigation of the employment practices of the City of Miami,. The purpose of the investigation was to determine whether Miami has afforded blacks, lati.ns and fpmAles equal employment opportunities as required by Title VII of the Civil. Rights Act of 1964, as amended by the Equal ploy- meat Opportunity Act of 1972, and other provisions of Federal law. On the basis of information obtained during the investigation we have concluded that the City of Miami has engaged in a pattern and practice of discrimination in violation of Title VII. Those same Title 'III viola- tions, in our view, are also all or in part violative of the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, and the State and Local Fiscal Assistance Act of 1972. Our con- clusion is based on the following considerations: 1. Traditionally, blacks have been assigned to the lower, paying service and maintenance. positions while whites have been assigned to higher paying higher oppor- tunity job classifications; those categories retain MI their racial identity, end fete blacks are employed in those positions traditionally head by whites. 2. Latins have been excluded from all Job classi- fications in numbers disproportionate to their availability in the labor pool. The information available to us in paragraphs 1 and 2 indicates that of tha approximately 3751 City employees; 843 (22.5%) are black, 201. (5.3%) are latin and 619 (16.5%) are female. Approximately 70% of the black employees are concentrated in a fear lower paying jots classifications. These statistics alone raise an inference of discrimination. United ed States r: ll a es_ 'lntrriat otta' , 456 F.2d 112 (5 th Cir. 1972) . See Ca v. Beecher, 459 F.2d 725 (1st Cir. 1972) ; Cartr r►. Pall4Aher., 4.52 Fad 315 (8th Cir. 1971), modified on_another issue reh! g en bane, 452 F.2d' 327 (8th Cir. 1971) , cert. denied, 406 U.S. 950 (1972) ; see also Bin* v. Roadway Express, . Inc., 444 F.2d 687 (5th Cir. 1971) ; Jones v. Lee WayMotor Freight,_ Inc., 431 F.2d 245 (10th Cir. 1970) , cert. denied, 401 U.S. 954 (1971) . 3. Females have been assigned to clerical and other traditionally female job classifications and excluded from those classifications traditionally held by males. See Weeks v. Southern Bell Tel. and Tel., 408 F.2d 228 (5th.Cir. 1969); Bowe v. Colgate-Palmolive Co., 416 F.2d 711 (7th Cir. 1971) ; Smith v. City of East Cleveland, 363 F. Supp. 1131 (N.D. Ohio 1973). 4. The employment tests and other selection standards used for all positions by the City have a detrimental impact upon black, latin and female applicants, and no study, other than the study now being conducted by the police department, has been conducted showing that the tests or standards relate to job performance and are required by business necessity. See Griggs v. Duke Power Co., 404 U.S. 424 (1971); Bridgeport Guardians, Inc. v. ye Lbers of Bridgeport Civil Service Comm' n. , 482 F.2d 1333 (2nd Cir. 1973); Boston Chanter: NAACP and United States v. Beecher and Cit offcttcn, 504 P.2d 1017 (2nd Cir. 1974; United Stags v. r_Oa Prier- Co., 474 P.2d 906 (5th Car. 1.973) ; United States v. aeksonvi1le Terminal Co., 474 P.2d 418 (5th Cir. 1971) ; Pet twa . v. American Case trim Pie a Co., 494 F.2d 3211 (.5th Cir. 1974) . , In additions see United States v. Cif of Ch ca o, 385 F. Supp. 543 OLD. . Ill. 1974); Smith v. . y of East Cleveland sera. 5. Different and more rigorous standards have been applied to blacks and Latins than to %hites in higher rated jobs. United States v. Apcks rt i1le 'Termimal Co., s ; Local 53, Asbestos Workers v. Vogler, 407 F.2d 1047 (5th Cir. 1969) ; United States v. Local 86. Tronworkam , 315 P. Stipp. 1202 (W.D. Wash. 1970) , aff' d., 443 F.2d 544; Criggs v. Duke Power Co., 420 F.2d 1225 (4th Cir. 1970) , reversed ,on another issue, supra. The Civil Rights Act of 1964, as amended, places responsibility on the Attorney General, if he believes that a pattern of discrimination based on race, sex or national origin exists, to apply to the United States District Court for an order which will assure compliance with the law and require steps to remedy the effects of past violations. Similarly, Section 518 of. the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. §3766,and Section 122 of the State and Local Fiscal Assistance Act of 1972, 31 U.S.C. 1242,place responsibility on the Attorney General in such matters to rectify violations of the nondiscrimination provisions of those Acts. In order to afford the City an opportunity to avoid contested litigation, however, we wish to advise you of the corrective program we believe necessary to bring Miami into compliance with the law. The measures which we feel should be undertaken are as follows: 1. In order to rectify past racially discrimina- to assignment hiring and promotion practices, vacanciestlin traditionally white jobs shall be filled on an accelerated basis by incumbent bls.ek employees currently in low opportunity service and maintenance jobs to the extent that such persons are capable of performing the work and t ish to do so. + ror those vacancies in better jobs for which there are no qualified incumbent black employees available or capable o.fperforming the work,. blacks shall be hired on an accelerated basis with numerical hiring goals. 2. In order to correct tie•effects of discrimina- tion against latirts in assignment, hiring and promotion, numerical hiring goals shoula established for all job classifications. 3. In order to correc the effects of past dis- crimination against females, vacancies in traditionally male jobs shall be filled by incumbent females on an accelerated basis, unless no such female is capable of performing the work or qualifying for the job. For those vacancies in jobs fol. which there is no incumbent female qualified or capable of performing the work, females shall be hired on an accelerated basis with numerical goals. Blacks, latins and females who have suffered indi- vidually and as a class from the discriminatory practices stated above should be entitled to relief including numeri- cal goals which are appropriate to insure the full enjoy- ment of employment rights:` NAACP and United States v. Allen, 493 F.2d 614 (5th Cir. 1974); Bridgeport Guardians, Inc. v. Members of Bridgeport Civil Service Cornm'n., supra; Carter v. Gallagher, supra; see also United States v. City of Chicago, supra. The goals envisioned by paragraphs 1, 2 and 3 above, were set forth in a Federal interagency agreement, dated March 23, 1973, entitled "Permissible Goals and Timetables in State and Local Government Employment Practices." [See EPD [CCH] 53775] 4. The City shall immediately promulgate and institute a recruiting program designed to inform blacks, la:ins and females of job opportunities in the City of #iaii and that the City is an equal opportunity employet. See pot oh Chatter, NAACP andUnited States v. Beecher artd ity of Postcrt, s 3 Local 53 * :Asbes.toa orkers v. _o, suOrA4 United States v. lanl 3 YSa, 428 F.2d 144 (6th Cir. 1970) cam. denied, .400 U.S. 943 (1970) ; United States v. Local 86 . lrortiworke ems, maul United .. States v. Lee Wa Motor Pmeittht: _ Inc., P. Sapp. (W.D. Okla. 1973) ,, 7 E?D [CCUI V9066. 5. The employment testing program and the con- sideration of education and physical standards shall be discontinued unless and until a, validation study is conducted pursuant to the Equal Employment Opportunity Commission's Guidelines on Emol.o ea Selection Procedure, 29 CRF 1607.1 et ma., which show that the tests actually predict job performance and that the education and physical standards relate to the applicants ability to do the job. Please refer to the testing cases cited previously at. pp. 2 and 3. b. All practices of disparate treatment of black, latin and female applicants or incumbent employees shall be eliminated, and those victims of such treatment in the past should be restored to the positions they would have attained but for that disparate treatment. See United States v. Jacksonville Terminal Co., supra; Local 53, Asbestos Workers v. Vogler, supra. Restoration should include back pay, see United States v. Georgia Power Co., supra; United States v. Hayes International, surpa; Robinson v. Lorillard, 444 F.2d (4th Cir. 1971). I could appreciate.your advising me within twenty (20) days whether the City of Z4iami is willing to voluntarily enter into a consent decree designed to eliminate the effects of past discrimination and to prevent the recurrence of such discriminatory policies and procedures. • • lit tonttmplate that A voluntary setllament of this tatter Mould be embodied ed in a consent decree. li you wish to arrange further discussions or have any questions, please feel: free to contact Squire Padgett (2O2/739.3875) or Linda Jamieson (2O2/73 =4134) , the attorneys to whom this tatter is assigned. Sincerely, / J. SYGnie iLottinger Assistant Attorney General Loof Civil Rights Division 11111.1111110001 • bkhet6tAtrtnut ti•Ai•ING 240i t Watt' f4A, toiumeol st2L4tA fitst *AtmNOON, b.t, OPPICE 0 THe sec TAR? OP-THe TREASURY' !4: JUL 1? 1975 CLIITTrItk MAIL RETURNRECEIPT MUSED bear Mayor Ferrer: On Pebruary 14, a teat of CiVil Rights InvestigatOrs from the Office of Revenue Sharing met with your Assistant City Manager, Mr. Andrew P. Crouch to ditcust discrimination in employment by the City of Miami, Florida. Our office received a letter from Mr. P. tit. Andrew, City Manager, on March 4, 1975, eXplaining in mare detail circumstances in hiring MinoritieS for City jobs. Pased on all of the information available to us, I have determined that Miatni, Florida, is in violation of Section 122(a) of the State and Local Fiscal Assistance Act and Section 51.32 of our Rules and Regulations. I am, therefore, sending you this letter as required by Section 51.32(f). A copy is also being furnished Governor Askew, as required under Section 122(b) of the Act. Our conclusion is based on the following information: 1. Traditionally, blacks have been assigned to the lower paying service and maintenance positions while whites have been assigned to higher paying, higher opportunity job classifications; those categories retain their racial identity, and few blacks are employed in those positions traditionally held by whites. 2. Latins have been excluded from all job classifications in numbers disproportionate to their availability in the labor pool. The information available to us indicates that of the approximately 3751 City employees; 843 (22.5%) are blacks, 201 (5.3%) are Latin and 619 (16.5%) are female. Approximately 70% of the black employees are concentrated in •a few lower paying job classifications. These statistics alone raise an inference of discrimination. r: f, ‘' 1 • r-, • 3. Females have been assigned to cl'ericI' 2a Ia id ' t r traditionally female job classifications and ekoluded from those classifications traditionally held by dales. 1 an aware that the employment section of the Department of Justice has been investigating your government and have notified you of their intentions to correct this problem with a consent decree. 1 contemplate that a voluntary settlement with the Department of Justice would settle the matter. The facts are sufficient to establish a prima facie case of discrimination based on race, sek and national origin in violation of Section 122 of the Act and Section t1.32 of our Rules and Regulations. It is therefore requested that: (1) The City of Miami develop and implement an affirma- tive action plan for all departments. This plan is to include the establishing of goals and timetables so that each department's minority and female employment will be reflective of the workforce. In addition, the affirmative action plan is to include a description of the City's minority and female recruitment efforts, what steps the City will implement to encourage minority and female upward mobility, and validation of all tests used to screen applicants for employment. Once this affirmative action plan is developed, it is to be submitted to this office for approval. (2) Subsequent to our approval of an acceptable plan, it is this office's intention to monitor Miami's efforts to remedy its employment picture. This will include, but not necessarily be limited to, quarterly submissions detailing all applicants recruited, all employees hired, all employees promoted in each of the departments previously discussed. These quarterly reports will designate the race, sex, national origin, date of hire or promotion, salary, and job title of each employee so included. Pursuant to Section 51.32 of the Revenue Sharing Regulations (31 CFR Part 51), this is to request that you indicate your intentions and efforts to correct the violations cited in Section (2) above to achieve compliance with the restrictions, prohibitions and requirements of the Revenue Sharing Act and the Regulations promulgated thereunder within thirty (30) days. Indication of substantial compliance of all requests contained herein must be received within sixty (60) days of your receipt of this letter. a ur ! t • YoCity government used revenue sharing mohiei tt 'pay salaries to employees which Means that all departments have been the beneficiaries of ORS funds This in effect rives the Off�ce of Revenue Sharing total jurisdiction over all departments. If corrective actin is not initiated, we will be obligated to take further action. This action tray include initiation of an administrative proceeding as provided udder Subpart R of the Regulations. A copy of "General Revenue Sharing and Civil tights" is enclosed for your information. We wish to help you comply with the provisions of the Revenue Sharing Act and Regulations. in connection with this, we urge you or your staff to contact Mr. Ma1aku J. Steen, Chief of our Civil Rights branch, and request either his assistance or additional information. He may be reached on (202) 634-5240. Honorable Maurice Ferrer Mayor of Miami City Hall Miami, Florida Enclosure cc: Governor Askew sincerely, •✓ raham W. Director Office of Revenue Sharing Federal Policy S ernen 377E A ttteniorantlutn stating the federal polity 'oh remedies tonterttingf equal employment opportunity in state Atid local government personnel systems, dated/ March 23, 1 '3, tt`As sent to V. 5, Attorneys And Field Representatives of the Civil 'Service tontinissirin, of the 1;t OC acid of the OPCC. the covering letter reproduced immediately below was signed by Robert 1-tampion, Chair, than of the U. S. Cit;il Service Conitnission: Stanley Pottinget-, .Assistattt Attorney General,; William brown, Chttirtnan of the 1EOC i and Philip Davis, Acting Director of the OPCC: The metnor'andttti, is also reproduced below. at 4r Qs Undo. a tiuml,er of Stattitts And an Extra. tive Order, the i .furl Employment Opltor. Unity Commission, the bcp;trtttient of jtistice, the Civil Service Cotmitnission and the De- partment of Labof's Offite of 1?ederat Cott. tract 'Cotiipliance have similar and related responsibilities for working with State aticl local govetntnetits In ensuring that their various personnel systems are free froth dis= ttiminatibn on the basis of rate, 'tolor, na. tiotiat origin, religion or sex% lttestions often arise of retnerlies to be employed itt cases it!tcre Otte has been a finding of ttn1a„ ful tliscrirnination. Since it is important that State and local govern= tttents have the benefit of a Consistent set. of federal standards and requirements, these tour agencies have jointly developed a State- ment of policy by which to guide themselves And their personnel itt dealing with State and local governments on this /natter. The points contained in the attached memo= tantlutn ate eonsistent tvithi the President's anttounted views and tath of the signatories is of the Clew that they ate eonsistent with the previous policies of his agenty, Difierenees of view may still atise ttlth respect to the interpretation of parts of this' :position statement; in suth eases the will expect fedetal field representatives to dis. cuss them with tail, other and with us if necessary in order to tontittue to resolve any issues through dialogue and coordination. The lion, Leonard Garment, Special Cott- sultant to the Ptesident, recently gave an address an this subject in Washington and We are also appending the text of his re. tnarks. We are sending information toptes of this memorandum and its attachments to State and Local Governments and to the State Fair Employment Commissions. PfiEMORANDtM, -?EfMtSSIBLE GOALS AND 'TIMETA23 .ES IN STATE AND LOCAL GOVERNMENT EMPLOYMENT PRACTICES This Administration has, since September 1969, recognized that goals and timetables are in appropriate circumstances a proper means for helping to implement the nation's commitments to equal employment oppor- tunities through affirmative action programs. On the other hand, the concepts of quotas anti preferential treatment based on race, color, national origin, religion and sex are, contrary to the principles of our laws, and have been expressly rejected by this Administration. Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Op- portunity Act of 1972, conferred on the Justice Department and the Equal Employ- ment Opportunity Commission enforcement responsibilities for eliminating discrimina- torremploymert practices based upon race, color, national origin, religion, and sea by state and local government employers as Employment Practices set forth in that Act. In addition, under the Intergovernmental Personnel Act and the merit standards statutes, tlte Civil Service Commission has an obligation to attempt to move state and local governments toward personnel practices which operate on a merit basis. The Department of Labor and other Executive flranch agencies have responsibil- ities in the area of equal employment oppor- tunities as it affects state and local government employers. This memorandum addresses the question of how the agencies in the Executive Branch (e. g., CSC, EEOC, jus- tice, Labor and other Federal agencies having equal employntent opportunity responsibili- ties) should act to implement the distinction between proper goals and timetables on the one hand, and impermissible quotas and preferences on the other, with due regard for the merit selection principles which many states and local governments are Q 3775 Federal Policy Statemera 1377S A trictnor;intltttit stating' tilt federal :polity t_tti tettledics roneerh tig t c uai tttiplci tnent opportunity in state and local government personnel systems, dated. M tt•tlt 23, 1923, iuts sent to tt, 8, Attorneys and t±icld Representatives of the Civil &rrt'icc Cottitnissit ti, of the 1rtOC mid of the ()FCC. The covering letter rept`adticed ittiniediateiyi below was signed by 1tobcrt 1-tarrtptoti, Chair, ttiati of the U. 5, Civil Service Conitnission i Stanley Pbtt ti fee, Assistant Attorney General ; `l'l illinrri t �rolvh, Chairman bf the1yEOC; and Philip Davis, Acting Director of tltc OrCC, The ittcttiorantltitn is also tcprudticecl below. Under a tiuttthet bt statutes rind an 1.aeen: tine Ctdet, the Equal Employment Oppor- tunity Commission, the Department of Justice, the Civil Service Commission and the De, pattment of Labot's OtiScc of i edera1 Con, ttatt Cotnpiianee have sitnilat and telated responsibilities tot wbtk;ng with State and local governments in ensuting that their Various personnel sy'stett 5 are free front dis= ttitnittation Ott the basis of tate, tolor, na• tional origin, teligion<ttt sex. Ottestions often atise of remedies to be employed in cases inhere Otte has beett a finding of utt1atttid tlisctiminatiott. 'Since it is important that State and local govern, tneflk have the benefit of a consistent set. of federal standards and tegnitements, these four agencies have jointly developed a State- ment of policy by wttictt to guide themselves and their personnel in dealing with 'State and total governments on this natter, The points contained itt the attached memo- i'aticli tti ate t onsistcnt with the President's ant -taunted views and eltli of the signatbties is of tite 'view that they ate consistent with the previous polities Of his agency. 1r)ifferences Of view tnay still arise With tespect to the interpretation of pacts of this position statement in such lases we will expect federal field representatives 'to dis• cuss thtnt with each other and ivitlt tis if ntcessaty its order to Continue to fesolve any issues through dialogue and coordination. The non. Leonatd Garment, Special ton, sultant to the President, recently gave an address on this subjett in Washington and We ate also appending the text of his re. Marks. We ate sending intotmation Copies of this memorandum and its attathments to State and Local Governments and to the State Fair Employment Commissions, ML'MORANDUMr—PERMISSXI3LE GOALS AND TI1ti+IETA13LES IN STATE AND LOCAL GOVERNMENT EMPLOYMENT PRACTICES This Administration has, since September 1969, recognized that goals and timetables are itt appropriate circumstances a proper means for helping to implement the nation's commitments to equal employment oppor- tunities through affirmative action programs. On the other hand, the concepts of quotas and preferential treatment based on race, color, national origin, religion and sex are, contrary to the principles of oitr laws, and have been expressly rejected by this Administration. Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Op- portunity Act of 1972, conferred on the Justice Department and the Equal Employ- ment Opportunity Commission enforcement responsibilities for eliminating discrimina- tory employment practices based upon race, color, national origin, religion, and sex by state and local government employers as Employment Practices set forth in that Act. In addition, tinder the Intergovernmental Personnel Act and the merit standards statutes, the Civil Service Commission: has an obligation to attempt to move state and local governments toward personnel practices which operate on a merit basis. The Department of Labor and other Executive Branch agencies have responsibil- ities in the area of equal employment oppor- tunities as it affects state and local goverrunent employers, This memorandum addresses the question of how the agencies in the Executive Branch (e. g., CSC, EEOC, Jus- tice, Labor and other Federal agencies having equal employment opportunity responsibili- ties) should act to implement the distinction between proper goals and timetables on the one band, and impermissible quotas and preferences on the other, with due regard for the merit selection principles which many states and local governments are 113775 tybliged to atitl %t-itit.ti'snttte state and ltitat'government tttiployers do hot .pfopetiy follow With regard to equal entploytnent t5ppurtuttittes. All of the agencies agree theft there is tto tbnflitt between h true merit selection syrtettt and equal etttpltsyineht opportunities laws because eatlt tequites hohdistrittiina' tiott in Selettioh, hiring, prottiritioit, tratlsfet Attu 1ht•oft, and taut requires that Welt t1eci4 3iott he based upon the person't ability and merit, not on the basis tit race, Color, na- tional origin, rtligioei'c►P tor. The 1robleths arise when ttt retnpinyef .pays only lip serf.= its to the cohttept of tnetit selection, but ih fact follows etttploytnent ttattiees which disetitninate bh the basis of rate, toiot, ete:. All of the agenties,tecognite that goals and timetables are appropriate hs a device to help theasute progress its remedying tiis= ttinttnation. All agenties #eeoghiae that *bete an individual person leas been found to be the tvietitti of aft unlawful etttployfrieht praetite as defined in the Att he br she should be goer, "priority consideration" for the nett expected t•acaney, regardless of his eelatfre "ability tanking" at the time die new hire is tttacie=this bet:ause absent the het of disetitnination, he of she would be on the job. All agencies also recogntte that it may be appropriate for a tourt to order an enployer to make a good faith, nondisctittiinatory effort to meet goals and timetables where a pattern of discriminatory employment practices has been found. All agencies reeognite the haste distinc- tions between permissible goals on the one hand and impermissible quotas on the other. Quota systems in the past have been used in other contexts as a quantified limitation, the purpose of tvhich is exclusion, but this is not its sole definition. A quota system, applied in the employment context, would impose a fixed number or percentage which must be attained, or which cannot be ex- ceeded; the crucial consideration would be whether the mandatory numbers of persons have heen hired or promot.d. Under such a quota system, that number would be fixed to reflect the population in the area, or some other numerical base, regardless of the number of potential applicants who meet necessary qualifications. If the employer failed, he would be subject to sanction. It would he no defense that the quota may have heen unrealistic to start with, that he had insufficient vacancies, or that there were not enough qualified applicants. although he tried in good faith to obtain them through appropriate recntitment methods. 113775 Arti systetin inch trrtuires ti,5t tonsidrt= " aitiotte of trlatite abilities awl tttt;tlii'icatietts he Stthortlinatert to considerations of rate, religion, sex or national origin in detect mining who is to be hired, protfiotetl, ett., in fuller to atltieve a tertaiit numerical post. tiott leas the atttihutcs of a quota System tvhich is deemed to be impermissible under the statitlards set forth herein. - A gottl, on the "t+thet litntl, is :i itintetttal ol,jettive, 'fixed realistically in terms bf tite ntttttbtt t)f t-acanties -petted, and tite ttuttt• leer of qualified applicants available in the. teletant job market. Thus, ii through no (twit of the entptoyer, he has fetter t•atatt, ties than 'e.+cpeetetl, he is Plot subject to sanction, because he is not expettt:rl to tlis' place existing employees or to hire unneeded employees to meet his goal. titnilariy, if he has dettionsteated etery good faith effort to include petsons front the grout tt•hith %vas the object of diseeittiination into the group being considered for selettiott, but has beets, unable to do so in sufitient nutfia bets to meet his goal, he it not subject to Sanction. Uncle. h System r goals, therefore, an employer is never required to bite a person who dots not have qualifications needed to perform the job sttctessfuilyf and an erns ployer is never required to hire such an unqualified person in preference to another applicant, rho is qualified; nor is an ens- ployer required to hire a less qualified per, son in preference to a better qualified person, provided that the qualifications used to snake such relative juddtnents realistically measure the person's ability to do the job in ques- tion, or other jobs to which he is likely to progress. The terms "less qualified and "better qualified" as used itt this memo- randum are not intended to distinguish among persons who are suhstantially equally well qualified in terms of being able to perform the job successfully. Unlike quotas, therefore, which may call for a preference for the unqualified over the qualified, or of the less qualified over the better qualified to meet the numerical requirement, a goal recognizes that persons are to be judged on individual ability, and therefore is con sistcnt with the principles of merit hiring. In some job classifications, in which the newly hired person learns on the job the skills required, and where there is no ex- tensive education, experience or training required as prerequisite to successful job performance, many applicants will possess the necessary basic qualifications to perform the job. While determinations of relative 1973, Commerce CIearing House, Inca C 01,t " itiaile tct ttttott1 with rcijttirett merit .x. .triple , rwhete there has • t,eet► a htstory of ttntawful fuser tninatioti, if goals site set on the oasts Of ekpeeted vact,hcies and anticipated availability of Stills in the tttarket plate, tttt ttnployet shottl(t be expctted tt3 ttteet the goals if there IS an adequate pool of qualified ;tppli- Cants from the t isetiteirtated against group from whirl► to make selettiotts and' if the employee aloes tot tttcet the goal, he leas the obligation to justify his fail►►tea Stntilarty, ait►ete aft employer has put, potted to feillow hferit ptihtipkes, bttt has utilizett teiettitttt peoteclutes width it itt fact clisetiuthtatos • and have nut been shown validly to tneast►re Of to predict jot' success (see, tiri'gttt t. bake Paul? Co., t3 ttib ii sl3i) 401 lit. S. 424), there frequently is no valid basis peesthtly available for rant:= ing applitattts tabjectirely in other of the probabilities of suttee§ on the job. to such tircumstantes, adz ttgettctes agree that a public employer will be expected to devise or bt'rtotiw'a selection procedure width is as objective as Possible and is likely to be proved valid and is not likely to perpetuate the effetts of past distrirttination: and to meet those goals tthith have been set on a iacancy basis. The selection procedure; titould be as objective and job related as possible, but until it has been shown to he valid Pot that specific purpose, it must be recognized that tank ordering does hot necessarily indicate whowill in fact do better on the job. Accordingly, if the goal is hot being tnet because of the interim selection procedure, the procedure and other aspects of the affirmative action program may have to be revised. All agencies agree that use of suet' goals does not and should not requite on employer to select on the basis of race, national origin, or sex a less qualified person over a person who is better qualified by objective and valid procedures. Where such procedures are not being utilized, valid selection procedures to deter- mine who Will in fact do better on the job should be established as soon as feasible in accordance frith the principles set forth in paragraphs 2 and 3 below. 1Vith the foregoing in mind, the agencies agrce that the following principles should be followed: I. R'hcnever it is appropriate to establish goals, the goals and timetables should take into account anticipated vacancies and the availability of skills in the market place from which employees should be drawn. In addition, where unlawful discrimination by Employment Practices the employer has teen tstahtisltecl, the ter restive action program, inducting the re• truiting and advertising obligations stud the Shoff range hiring goals, should also take into account the heed to tottect the present tffetts of the employer's past distritninatory prattlCeS. 2, The goals should be reached throttgh Stith teerttiting and attt•ettisittg efforts as are neetssaty and appropriate, and the selection of persons only front arrtohgst those who ate qualified. A coal, unlike a quota, floes hot termite the hiring of persons t►•t'ett there rite rto Vacancies, tint dors it tequite the hiring of a person litho is less likely to lido well oh the jots ("lets qualified") over a person more likely to do well Ott the job ("better qualified"), under valid selection procettures. When the standards for determining qualifications are invalidand hot predictive of job suttees, valid selection procettnres should he level= oped as soon as feasible. \Vhete ate ten= ployer has followed exclusionary practices, however, and has matte little Or no prt+gtess itt eliminating the -effects of its past dis. eriminator 'practices, the selection stand= aids it prate aes to Utilize in determining who is "qualified." or "better qualified" twill be examined with tare to assure that they are in tact valid for such purposes and c10 hot perpetuate the effects of the employer's past discrimination (i.e.. twhich have as little discriminatory impact as possible under the circumstances) and do not raise artificat or ttnneccssary battlers. 3. In no event does a goal requite that an employer must in all circumstances hire • a specified number of persons, because such a goal would in fart be a quota. It is, how- ever, appropriate to ask a court to impose goals and timetables, including hiring goals, on an employer who has engaged in racial or ethnic exclusion, or other unconstitutional or unlawful employment practices. The goals we seek in court, like those accepted voluntarily by employers, are subject to the limitations set forth in this memorandum. 4. As a general matter, relief should be provided to those persons who have been adversely affected as a consequence of the employer's unlawfully discriminatory prac- tices. All agencies will continue to seek insofar as feasible to have persons n•ho can show that they were injured by such prac- tices restored to the position they would be in but for the unlan ful conduct. In addi- tion, all agencies will seek to have those persons who have been excluded from con- sideration or employment because of such Q 3775 discriminatory praetites stinteei. tortipete for future vacant ies oti the basis of qualitita, bons and standards tic) more severe than those utilized by the employer in selecting lrtitri the advantaged groups, unless the in= tressed standards are required by business netessity. Suth relief will be sought ttt prevent the erection of unttt±eessaty barriers to equal employment bripbrtunities. Stith relief tri11 nbt prettude a public errtploYef troth adopting merit standards; nbt Wilt it preclude such an ettipibyer whtt has previ. busty used invalid selettion standards of procedures troth developing aritl using valid, job related selection standards and prote= darts as eontettiplated by paragraphs 2 and -5 of this thembraidtim, 5. Where an employer has utilised a setettibx devite which is itself unlawfully distt4mittatory, relief should be sought to prohibit the use of that and similar tette. tion devees (I, e,, deuces which measure lot w- Q 3775 tht sattte hinds t t things) togetlte, with the developtntfit bt att appropriate atAttnative tetiott plan whielt may include goals and timetables in accord with the principles set forth itt this paper. 1n addition, we will ask ttte tourts to permit the employer to select (or ttevelop) and validate a job re= la.ted selection procedure which will facili. tate selettions on the basis of relative ability to do the job. The speed with which such new selettion devices tan and should be developed attd validated depends upon the facts alai tit utttstatttes of each ease. Agenties with equal employment bppof• tunity 'responsibilities should take actions itt ateotdaitte with the principles outlined in this tnetnorartdunt itt order tc► assure a, coordinated approach within the 1vtcetutive $tattoo to eliminate discriminatory employ" tnerit practices and their consequences. © 1975, Commerce Clearing House, Inc.. llr CII'Y or MIIAMI, PLORit5A INTER.brr1Ce MEMORANDUM P. 111 Andrews City Manager Joe A. Yates Act}'Ig executive Secretary Civil . r Board bAtE: July 221, 1075 suSiEcr: Civil Service Board Action, Re. Affirmative Action ktPER Nc S: ENCLOSURES: 1III ;1''-t /The Civil Service Board directed that the information contained herein be supplied to 'the City Commission as Affirmative Action taken in behalf of recruitment of minorities. 1. The Board has established sub -recruitment stations, maned by employees of the Civil Service staff within the actual areas where the minorities were most concentrated. The Board and staff have cooperated with the Tri-Cultural Committee in recruitment and training of minorities for the classification of Police Officer. The Board and staff worked closely with the rire 'Department's Federally funded recruitment and training of minorities. 4. The Board eliminated the height requirement which was a barrier to both females and Latins. Government statistics have shown that Latins' average height is approximately two inches less than that of Anglo White or Black. 5. The Board has instituted Civil Service Rule changes which eliminate the Rule prohibiting payment of Sick Leave for pregnant employees. 6. The Board has directed that advertisements for all classifications open to the public be placed in the Diario Las Americas, the Miami Times, in addition to the Miami Herald. Two of these newspapers are operated by the subject minorities. 7. Two and part of a third written examination have been converted into the Spanish language to give the Latin applicants the chance to compete in his native language. As time permits, many more will be converted in classifications where fluent ability to read and speak English is not required. 8. The Board has made changes in the Medical Standard Guidelines which would have disqualified many applicants filing for positions with the City. 9. The Board has voted to adhere strictly to Civil Service Rule V, Section 4: "Residence" which requires that all applicants be residents of the City of Miami. In taking this action, the Board felt this would increase the percentage of minority applicants as the City is reported to have over 50% Latins and 23% or more Blacks. An analysis of several examinations administered in 1974 and, after the residency was enforced in 1975, shows that eligible minority applicants have increased by 22.2%. • Tha Civil Service Board feels that the hiring of 'minority applicants has increased considerably in .the last two years and has rude excellent strides in the recruitment of minorities. An emergency meeting of the Civil Service Board has been called for 3:00 P.M. on Friday, July e5th,, to consider further action to be taken in regards to the willing- ness of the City to comply with the guidelines received from the U. S. Department of Justice, dated July 11, 1975. This request for compliance was addressed to Mre John Lloyd, City Attorney. JAY:eb eAk Jtly 1511975 „Z't\it'0.11A17, lJt4 trORcgMtOT COMUNtrY OUTREACH AIM CAnttr, PROnRAM (CITY OV MIAMI TIIICULTURAL PlIORAM) LEAA (4RANT 7513P-59-0025 The LAW Enforcement COMMUhity Outreach and Career Prograt(IACOCP) i8 funded by a grant from the Law tnforcement Atsittanae AdMinittration (LEAA) to the City of Miami Office Of Community Affairt. Thit grant, awarded August 31, 1974 (retroactive to August 1, 1974) for a periOd of 12 months to July 31, 1975, it in the amount Of $500,000 with a local cash match of $53,534, provided by the City of Miami. Ih response to a request:submitted by LECOCP, approval Was given by LEAA on June 27, for an extension of the grant period to Decenber 31, 1975. • *v. August 1, 1974 to July 31, 1975 During the first year, LECOCP had two major objectiVest (1) To upgrade by promotion in rank sworn officers of the City Miami Police Department; (2) To emphasize recruitment of minority group persons (Blacks, Latins, and women) as officers of the City of Miami Police Department. To achieve the first objective, LECOCP conducted four distinct review courses for seven weeks in October and November. A total of 106 officers registered for the courses - including 26;minority group persons. Of the 16 officers thus far promoted to Sergeant's rank on the basis of the promotional examination administered December 2, 7 had registered for LECOCP courses. Of the 16 officers thus far promoted to Lieutenant's rank on the basis of.the promotional examination administered December 3, 10 had registered for LECOCP courses, of which number 3 are minority group persons. - . To achieve the second objective, LECOCP conducted an intensive recruitment drive, including advertisement in minority media, establishment of outreach centers in minority neighborhoods, and - extensive public relations. A total of 286 applications were accepted by LECOCP, of which number 280 were made by minority group persons. .Applicants were provided a wide range of supportive services, including instructional classes, counseling, physical agility training, and swimming instruction. Of the 279 applicants who took the competitive examination administered April 9 and 10, 157 had applied through LECOCP, of which number 154 are minority group persons. Of the 110 applicants who passed that examination, 60 had apnlied through LECOCP, of which number 58 are minority group persons. 1 Candidates ttiho passes are presently being provided a variety Of supportive services, including counseling, tutoring, and physical agility training, as they work through the police personnel selection process and the police academy. Augut_.1., y 1975 to becember31, 1975 buring the extension period, LECOCP plans to concentrate exclusively on the second objective previously stated. Candidates on the current roster and new applicants attracted by another reoruitfnent drive will have available to them essentially the same Services previously provided. It is anticipated that, with the advantat ea of past experience, the next five months will prove even more productive than the previous twelve. tyros ects To date, all indications are that prospects are very dim for refunding of LECOCP for another year after necember 5l, 1975. This is very unfortunate not only because the task of recruiting minority group persons into the City of Miami Police Department has only just begun, but also because these minority candidates entering or already in the police personnel selection process and the police academy will, after the end of this year, be left without support from LECOCP, an independent and invaluable resource. It seems readily apparent that refunding of LECOCP is an essential means of guaranteeing their best chances for success. tits? 6f MIAM11 PLoil1DA 1N irr#= i=rict MEMO iANbUM rwc 13 p . W . Andrews City Manager Garland � Atkin 0.Chief of police bATE UE7JECT. REF'ERENCER: JUL i5 1975 hLE; Personnel Statistics by Race and Sept ENCLOSURES: (2) Please find attached the breakdown of personnel statistics by race and sex for the police Department for the month of June, 1975 Also attached is a comparison of minority represen- tation of police for May, 1974 and June, 1975. GW: JWR: eg Poffiittons POLICE b PA 2TM t T Month of jtzne f ., .,9? White qX Spanish • Oriental. • M• = r... P t2 • P M F M F Total • Chief 1 a ssietant Chief 2 Major 6 1 Captain 15 Lieutenant 31 1 Sergeant 133 1 13 Officer 376 24 56 TOTAL 564 25 71 Civilian Personnel Professional 5 2 Technician 29 2 1 3 Clerical 24 59 2 30 8 16 1 Skilled 13 33 1 2 2 4 Non -Skilled 18 2 6 2 2 TOTAL 89 98 10 34 15 20 Manpower Positions 4 15 1 1 2 8 15 2 34 6 153 Es 2 535 Federal Grant Positions 5 Public Service Aides 35 15 Miami Police Recruits in Academy 19 Eligible List 15 6 15 77 11 15 748 7 35 140 55 30 267 54 17 3 7 l 66 19 27 48 77 1 TOT AA DBBARIMBNTAL Pt SONNBt may 1974 June 07$ White 816 79.8% 800 71.6% Blaok 116 11.3% 155 13. 9% Spanish 01 8.9% 160 1441% Oriental 0 -___.2 0.2% Total 1,023 1,117 Increase Dec ease Minority Representation 20.2% Minority Representation 28.4% Sworn Personnel White 635 81.7% 609 76.5% -5.2% Blaok 81 10.4% 87 10.9% + .5% Spanish 61 7.8% 99 12.4% +4.6% Oriental 0 1 0.1% Total 777 796 Minority Representation 18.2% Minority Representation 23.4% Civilian Personnel Including Manpower Trainees White 181 73.6% 191 59.5% -14.1% Black 35 14.2% 68 21.2% +7.0% Spanish 30 12.2% 61 19.0% +6.8% Oriental 0 1 0.3% 0.3% Total 246 321 Minority Representation 26.4% Minority Representation 40.5% Public Service Aides Not Included r'o'i i I AR 'M NTN t tStl EL May June 1974 197$ White 816 79.8% 800 71.6% Black 116 11.3% 155 13.9% Spanish 91 8.9% 160 14.3% Oriental 0 2 0.2% Total 1,023 1,117 Minority Representation 20.2% Minority Representation 28.4% lnorease Decrease Sworn personnel White 635 81.7% 609 76.5% -5.2% Black 81 10.4% 87 10.9% + .5% Spanish 61 7.8% 99 12.4% +4.6% Oriental 0 1 0.1% Total 777 796 Minority Representation 18.2% Minority Representation 23.4% Civilian Personnel Including Manpower Trainees White 181 73.6% 191 59.5% -14.1% Black 35 14.2% 68 21.2% +7.0% Spanish 30 12.2% 61 19.0% +6.8% Oriental 0 1 0.3% 0.3% Total 246 321 Minority Representation 26.4% Minority Representation 40.5% . Public Service Aides Not Included {{ r1y¢ }18 ri i a i .1 t' S 4 /.1 I 9 .` # . .1 1 f i\S OF JULY 23, 19'75 Date Of Test April 0, 10, 1575 DISQUAtIrItD Polygraph Medical Back XrAy Physical Agility .akground Withdrawn Failed to Appear Oral Iti .crview_._ _.. LQUJIF'ED AWAITING HMPLOYi T P Date Register Gertxftct May 13, 1975 • Black Spanish 6 1 f:*3 1 0 6 t� 4 . 0 I 0 b I I ON HOLD 3 5 3 25 Polygraph . -__. l 2 1 5. Medical l 3 5 Back Xray 0 E.X.G. 0 Physical Agility •3 2 3 8 Background 2 2 l 1 6 Oral Interview l 1 [IN PROCESSING 7. .1. 1 •L ,mot r��.t .1. l'. !• .. �}. �Z 1 � G 20 i. t TOTAL CITY COMMISSION PatStNTATIO*, JUNS 30/7S The Manpower Office Operates two full-time year-round grants under tthe C.t.T.A. of 1973. The Title II grant LS for $973,000, starting in September 1974, It hag employed 248 residents of a limited target area, covering a portion of Little Havana, Downtown Model City and tdison Little River. Of all the participants, as of July 24th,130 were Black, 111.Spanith. and 10 Anglo. In terms of sex, 52 were female. The Title VI grant is for $1,700,000, starting in January 1975. It has employed 250 participants residing anywhere within the City limits. Of the total, as of July 24th, 102 were Black, 126 Spanish and 22Anglo. OE the same total, 42 were female. No entrance examinations are administered for either program. The jobs performed by these manpower employees vary., as widely as the functions of the various City departments, but in general it can be said these are positions created with the need of the unemployed in mind. Por instance, federal guidelines encourage and we have created a preference point system for referrals to departments, giving extra Points to U. S. veterans, heads of househOlds; ethnic minorities, women and the handicapped. Thus, when a department finds 2 manpower applicants similarly qualified,exy generally choose the one with the gratest social need. Our staff is proud that this !hire first and trainse- later" .systeth has been regarded as a model by thelocal Office of the )Manpower.Planning Consortium and received praise in the written press. More important than past performance however, is the preparation for the future. In terms of City dapartmants' utilization of manpower personnel, we recently conducted a survey in which departments over- whelmingly praised the quality and performance of their CETA employees. Naturally there are always drawbacks and we are no exception. We have had a number of enrollees dismissed by various departments but their slots have been refilled by other applicants quickly. In terms of skills, the manpower office has sponsored many professional and skilled positions from Administrative Assistants and Secr,gtaries to Zoning Inspector and trades craftmen such as carpenters, painters, plumbers, auto mechanics, as well as Planners, I. D. Technicians, Park Rangers, etc. 11 t M 4 cont. So fart all indications are that departments are quite satisfied with their performance and some are being encouraged to apply for Civil Service status: purtheri we have been notified to expect more federal funds for both Title II and Title vi by September to we believe we'll be able to continue all enrollees at least thru June 1976 and still be able to hire a couple of hundred more in nem positions. In conclusion the administration's long range objective is to provide the opportunity to a large number of manpower enrollees to become Civil Service employees and thereby create a pool of trained minority personnel who can be attracted into the City's permanent employment with results satisfactory to all. 7-1-75 Moeb RESOLUTION NO, 'i5 _ 36 A RESOLUTION AF' I1 MING THE COMMITMENT OF THE CITY OF MIAMI To A POLICY OF APPIRMATIVE ACTION IN EMPLOYMENT T AND ADOPTING UM" CITY OF MIAMI At'1~ I1 1ATIVE ACTION PLAN ;Pt1RT11ER PROVIDING POR A PUBLIC tlt;ARING TO PULL? EVALUATE THIS PLAN WHLP.EAS, the City of Miami iecognizes not bnly 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 par t hereof of this resolution, be, and it is hereby, adopted. Section 2. The City of Miarni Affirmative Action Plan be, and is hereby, a statement of the City's efforts to achieve its goals of Affirmative Action and Equal Employment opportunity, Section 3, Providing for a public hearing to fully evaluate this Plat. PASSED AND ADOPTED this 17th day of July, 1975. City Clerk PREPARED AND APPROVED BY: Mikele Carter Assistant City Attorney • APPROVED AS TO FORM AND CORRECTNESS: al(A IA J`141-3 d . John S. Lloyd. — City Attorney lava - CI OV =Mt. et ai., , Defettdai ts. 71 i 1 q' '73 OCT 1 G AM 8 FRAN= C. CO11 t , et al,' ) ) Plaintiffs, ) ) ) ) ) U•NtTED STATES b1STRZCT COURT FOR THE SOUTHERN btSTRICT OP FLORIDA CASE NO, 71.1887»Civ-CA NOTICE TO TSB CLASS OP PROPOSED._.. FILED 1973 JOSEPH I. BOGART CLERK, IL S. DIST. CT, SOUTHERN GIST, OF F1& FORT LAUDERDALE, FLA. You ate 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 act waive any of its denials or.defenses heretofore presented by its pleadings in the case; 'NOW, THEREFORE, BE IT RESQLYSA BY THE OMISSION OF THE CITY OF Mom, k LORTAA: Section 1, The City of Miami agrees to the entry of 4 Partial. Final s • 4 Order in the United States District Court ease `rank1 i Oph r►, „. t__a1. t Cit./ . karat., et. . 01-1887, the terms of which are as follows t PARTIAL MAL (Anti The Court enters the following Partial Final Order in the above antitl.ed cease, which will, be applicable to the Defendant, CITY OP MIAMI, . hereinafter referred to as the City, its officers, Agents, and employees and all other parsons acting in concert or participation with them. AGktEMNT, 1. The Court makes no finding of fact concerning the iaauea in this controversy which have been deeided by this Partial Pinal 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:1The 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 finale arbiter:1 3. All exam ,nat .on cr.tterta used for meaning apylicanto for entrance into the police force or for promotion eha.l be determined by the independent organization for the Civil. Service Board to maintain an eligibility and pro- motion register, The ranking of persons eligible for promotion shall be determined by the independent organization based on the application of,al.l criteria to be used, The independent organization may use criteria other than written criteria including job experience and oral examination as bong sa such criteria measure the person for the job for which he is being tested, and have safeguards to prevent any racial, cultural or ethnic bias. The independent agency will continue to validate all entrance examinations but will not be required to administer the examinations or score them after a period of three (3) years from the date the examinations are first given. 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 examLpatione 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',phyaician'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 cgnoidered 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 a i . ' 40 indicating whether the applitantG are hired, the name, address and race of All persons tatting entrance er promotional examinations and results. Copies of All validation studies conducted by the independent organization and other relevant documents shall be Lade available to Plaintiffs by and through their attorneys. g. The City of Miami thall recruit and hire more black police officers 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 representation in the City of Miami community. Such representation is expected to be attained *rithin the five (3) year court juri.sdittion of this order, assuming this will not require the City to loner its standards for the recruitment of police officers. The City of Miami F shall also hire persons from other minority groups for the City of Miami Police Department in the same manner that the City hires black officers. 10. No acts of reprisal shall be taken 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 Ali City Employees dated March 22, 1961, applies.to grievances concerning 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. 16. This Court shall direct that notice be given to eabh 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 claims for promotions and backs pay incident thereto, The claims of those Plaintiffs who fail to file such notice within the 20 day period shall be barred, The Court retains jurisdiction of this action for the purpose of enforcing the term of this decree and for the purpose of adding any defendant whose 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 shoo ,good cease to the contrary, this decree shall be dissolved at that time, It According to the Partial Final Larder 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"4 Twenty days from the date of this notice, if you wish to contest a claim for promotions or back pay 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. You must file your claim with the Clerk of the Southern District Court, P.O. Box 669, Miami, Florida. xxI The Partial Final Order entered in this case referred to in I of this order will become final on O etVI G j 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 0 ,thee % , 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•• Jecti.on$. V This order shall be mailed by the pleintiffe to all black police officers who were employed by the City of Miami Police Department on December 13, 1971, which is the date this lawsuit was filed, xn additiqn,,thts order 4r 3, 44 shell be published in tote in the Mimi Hoed •within ;F.i tc c.e t*5►) days after the data of entry of thia order* DONE AND ORDERED at Miami, Dada County, Plorida, thl'alf/11 day in 19736 iN C. ROEMER, JUDGE UNITED STATES DISTRICT COURT