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HomeMy WebLinkAboutRES 89-214 t - J7 /7/ RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Affirmative Action Plan, as set forth in the attached Exhibit "A", be and it is hereby adopted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the to day of October , 1989. - Mayor - AFFIRMATIVE ACTION PLAN CITY OF BEAUMONT JANUARY It 1989 TO DECEMBER 31, 1994 EXHIBIT "A" AFFIRMATIVE ACTION PLAN CITY OF BEAUMONT PURPOSE The purpose of this Plan is to provide continuing affirmative action and effort in the recruitment, retention and promotion of employees among minority groups, women, handicapped "disabled" persons and veterans. The City of Beaumont has established its Affirmative Action Plan in accordance with the intent of the rules, regulations, and guidelines of the various federal, state, and local laws and agencies having oversight in the Equal Employment Opportunity area. This Affirmative Action Plan established by the City of Beaumont is consistent with the City's policy on Equal Employment Opportunity. It is the goal of the City's written plan to provide equal opportunity for any individual regardless of race, color, religion, sex, age, military background, handicap, national origin, or marital status to the terms, conditions, and benefits of employment. The plan will implement the City's policy to provide motivation and employment opportunities to members of minority groups and women. REAFFIRMATION OF AFFIRMATIVE ACTION POLICY In 1978, the City of Beaumont adopted its first Affirmative Action Plan designed to address the problem of inadequate minority representation in most segments of the City work force. This past year was our tenth year since implementation of the 1978 Affirmative Action Plan. Through this plan, the City has significantly increased minority representation in the City work force. It has been one of our objectives to continue this effort with the adoption of a third Affirmative Action Plan intended for use over the next five-year period. The City through its Affirmative Action Plan is taking the initiative in abolishing any discriminatory practices which may exist in the City. As a municipal government we recognize both our legal and moral obligation to remove any vestiges of discrimination and to provide a merit system where each employee is respected as an individual by recognizing his or her aspirations, capabilities, and skills. Appropriate policies must provide all employees fair treatment and equal opportunity to rise to any level of responsibility which their skills and aspirations will take them. As a public employer, the City of Beaumont recognizes that it has a special responsibility to adhere not only to the letter of the law but also its spirit and intent. The City via this affirmative action plan is committed to ensuring equality of employment opportunity to all employees and to all citizens of the City of Beaumont. Additionally, the City acknowledges its responsibility and is committed to assuring fair participation in its employment process to all segments of the local population including its surrounding recruitment area. 2 LEGAL BASIS OF AFFIRMATIVE ACTION PLAN Title VII of the Civil Rights Act of 1964 (as amended by the Equal Employment Opportunity Act of 1972) Title VII prohibits discrimination because of race, color, religion, sex, or national origin, in any term, condition, or privilege of employment. The Equal Employment Opportunity Act of 1972 greatly strengthened the powers and expanded the jurisdiction of the Equal Employment Opportunity Commission (EEOC) in enforcement of this law. As amended, Title VII now covers: 1. All private employers of 15 or more persons. 2 . All educational institutions public or private. 3 . State and local governments. 4 . Public and private employment agencies. 5. Labor unions with 15 or more members. 6. Joint labor-management committees for apprenticeship and training. It shall be an unlawful employment practice for an employer: 1. To fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to his/her compensation, terms, conditions, or privileges of employment, because of such individual 's race, color, religion, sex, or national origin; or 2 . To limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual 's race, color, religion, sex, or national origin. (Section 703 (a) , Title VII, Civil Rights Act of 1964 as amended by the EEO Act of 1972 . ) "Nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. " (Section 1 of the Fourteenth Amendment to the U. S. Constitution. ) In 1978 a new Section 801(k) was added to Title VII. This amendment prohibits discrimination in employment policies because of an applicant's or employee's pregnancy, or childbirth. It also requires employers to treat pregnancy and childbirth the same as other causes of disability under fringe benefit plans. The Equal Pay Act of 1963 requires all employers subject to the Fair Labor Standards Act (FLSA) to provide equal pay for men and women performing similar work. In 1972, coverage of this Act was 3 e j . extended beyond employees covered by FLSA to an estimated 15 million additional executive, administrative and professional employees (including academic, administrative personnel and teachers in elementary and secondary schools) and to outside sales people. The Age Discrimination in Employment Act of 1967 prohibits employers of 25 or more persons from discriminating against persons 40-65 years of age in any area of employment because of age. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin in all programs or activities which receive Federal financial aid. Employment discrimination is prohibited if a primary purpose of federal assistance is the provision of employment such as apprenticeship, training, workstudy, or similar programs. Revised guidelines adopted in 1973 by 25 federal agencies prohibit discriminatory employment practices in all programs if such practices cause discrimination in services provided to program beneficiaries. This could be unequal treatment of beneficiaries or in hiring or assignment of counselors, trainers, faculty, hospital staff, social workers, or others in organizations receiving federal funds. In addition, Executive Order No. 11246 (amended by Executive Order No. 11375 in October, 1967) applies to all employers with 50 or more employees and a government contract or subcontract of $50,000 or more. It also applies to contractors and subcontractors on construction projects financed in whole or in part by federal funds. It requires that every contract contain a clause prohibiting discrimination based upon race, color, religion, sex, or national origin. In addition, other guidelines and regulations require contractors and subcontractors to develop and carry out a written Affirmative Action Program. This Executive Order is enforced by the Department of Labor's Office of Federal Contract Compliance Programs. STATE AND LOCAL LAWS TEXAS STATE LAW On June 25, 1983, the Texas legislature enacted the Commission on Human Rights Act. This act prohibits discrimination in employment by any person, group, labor organization, agency, or any employer or his agents because of race, color, religion, national origin, sex, age or handicap. This act assures all persons equal opportunity in employment and in all labor-management union relations. 4 GOALS LABOR MARKET ANALYSIS AND UTILIZATION ANALYSIS A labor market analysis was conducted to determine the five year goals and indicated the following: According to the Beaumont MSA, the City has approximately 20,452 minority persons and 22,899 females. Minorities comprise approximately 36% of the total workforce population. Females comprise approximately 42% of the total population. The City of Beaumont obtained the actual race/sex breakdown by occupational category of the total labor force in the city limits of Beaumont from Biddle and Associates. The Equal Employment Opportunity statistics in this report came from the "Census of Population and Housing, 1980 Equal Opportunity Special Census Tape, U. S. Department of Commerce Census Bureau. " The statistics concerning the race/sex composition of the total labor force in Beaumont is the criteria for determining the City's overall affirmative action goals. In conjunction with the labor market analysis, a utilization analysis was also conducted. The objective of the utilization analysis was to determine where in the City's work force minorities and women were underutilized. Utilization statistics were analyzed for all City Departments. ADMINISTRATIVEIEXECUTIVE, PROFESSIONAL, AND TECHNICAL The evaluation of the City's work force indicated that minorities are still underutilized in the Administrative/Executive, Professional, and Technical job categories. These are categories in which traditionally minorities and females have been excluded from the policy formulation and decision making process. Additionally, the internal resource pools from which applicants for promotion to management are drawn traditionally have been excluded, therefore, it shall continue to be the policy of the City of Beaumont to aggressively move toward the utilization of minorities and females in these upper level positions. Thus, in order to more fairly reflect its surrounding community labor market segments in these positions, the City of Beaumont has established the following goals for minorities and females: A. Administrative/Executive: (57 positions) - Occupations in which employees set broad policies, exercise overall responsibility for execution of these policies, or direct individual departments or special phases of the agency's operation. Includes: department directors, deputy directors, division chiefs, superintendents, police majors, deputy fire chief, administrative assistants, and kindred workers. 5 Although significant strides have been made in this category, both groups, i.e. minorities and females are still underutilized. The City must continue to actively recruit and provide training opportunities for minorities and women to ensure that promotional opportunities exist which will assist in the achievement of the establish goals. In order for the City to meet the goal commitment in this category, a training program which focuses on preparing employees for upward mobility must be implemented. Minorities and females must be considered and given opportunities to participate in this program. Current Projected Composition % Composition % White 41 76% 36 63% Black 11 20 18 32 Hispanic 1 2 2 4 Other 1 2 1 1 Total, 54 100% 57 100% Male 38 70 33 58 Female 16 30 24 42 B. Professional: (99 positions) Occupations which require specialized and theoretical knowledge which is usually acquired through college training or through work experience and other training which provides comparable knowledge. Includes: personnel and labor relations specialists, accountants, planners, lawyers, doctors, registered nurses, librarians, sanitarians, systems analysts, social workers, dieticians, teachers or instructors, police captains, fire district chiefs and lieutenants. This category is targeted for Hispanics as this is the only group where the established goals were not met and the group is still underutilized. Employee Relations must implement creative and aggressive recruiting strategies for the City to achieve this goal. Current Projected Composition % Composition % White 60 65% 62 63% Black 31 34 32 32 Hispanic 0 0 4 4 Other 1 1 1 1 Total 92 100% 99 100% Male 49 53 57 58 Female 43 47 42 42 6 C. Technical: (77 positions) - Specific occupations which require a combination of basic scientific or technical knowledge and manual skill which can be obtained through specialized post-secondary school education or through equivalent on-the-job training. Includes: drafting, engineering and laboratory technicians, construction and code inspectors, computer programmers and operators, surveyors, licensed vocational nurses, trained practical nurses, and kindred workers. Again, significant progress has been made in this category within the minorities groups whereas the female group has remain constant. However, this category continues to be targeted for Blacks and females. Current Projected Composition % Composition White 45 62% 46 60% Black 22 30 25 32 Hispanic 5 7 5 7 Other 1 1 1 1 Total 73 100% 77 100% Male 51 70 45 58 Female 22 30 32 42 The utilization data continues to indicate that minorities and females are being underutilized in the following category. This underutilization exists although goals have been established in prior years; however, significant progress has been made in this area. While the City are entrusted with safeguarding the lives of its citizens, the City equally is committed to continuing to take affirmative steps to ensure that various segments of the community are represented. The following goals have been developed for the Protective Services category: Protective Services: (415 positions) - Occupations in which workers are entrusted with public safety, security and protection from destructive forces. Includes: patrolmen, police sergeants, police lieutenants, firefighters, fire engineers, fire captains, fire prevention investigators, and kindred workers. 7 The attainment of the goals established by the City of Beaumont for minorities and females shall be accomplished by an innovative three-prong system which will assure equal accessibility to employment , for all individuals desiring careers as police officers and firefighters. Under this system, all qualified applicants shall be classified according to non-minority/minority/female. Minorities are referred herein as hispanics and blacks. From each group one qualified applicant, according to the applicant's ranking within that group, shall be selected on a rotating basis for any vacancies that are available. For example, if there are three vacancies, one applicant from each group will be selected. The City Manager shall have authority to fill all vacancies from the remaining qualified applicants after exhausting the available qualified applicants from any one group. This system shall remain in effect until the following goal established by the City for minorities and females are met. For the first time in this category separate goals have been established for the Fire and Police departments. Currently, there is a total of 63 minorities in both departments with a future target of 107. Separate goals have been established based on the individual turnover rate of each department. Data was analyzed over a five year period which indicated an average annual turnover rate of 4.8% for Fire and 8.3% for Police. Therefore, based on the combined annual turnover rate of 13. 1% it was determined that the total additional targeted positions for minorities in the Fire and Police departments should reflect a 36% and 64% split respectively. This indicates the increased flexibility of the Police department to absorb more employees over the five year period. Thus, the Fire department's five year goal reflects an increase of 15 minority positions while that of the Police department reflects an increase of 29 for a total of 44. Providing separate goals will allow for better tracking of the progress within each department. Stronger emphasis must be placed on retaining minorities if the goals are to be achieved. Fire Current Projected Composition % Composition % White 172 84% 157 77% Black 27 13 38 18 Hispanic 6 3 10 5 Total 205 100% 205 100% Male 204 99 200 98 Female 1 .005 S 2 8 Police Current Projected Composition % Composition White 180 86% 154 73% Black 24 11 45 20 Hispanic 6 3 14 7 Total 210 100% 210 100% Male 182 87 166 79 Female 28 13 44 21 Utilizing more females is the primary goal established for the category below. At the same time, Hispanics must be retained to ensure that this group does not become underutilized. In order to achieve the goal established for females a more aggressive recruitment strategy must be implemented. The category referred to herein is: service/Maintenance: (186 positions) - Occupations in which workers perform duties which result in or contribute to the comfort, convenience, hygiene or safety of the general public or which contribute to the upkeep and care of buildings, facilities or grounds of public property. Includes: general laborers, construction laborers, refuse collectors, custodial employees, crew leaders, foremen and kindred workers. This category is targeted for Hispanics and females. The greatest effort or concentration should be in placing females in this category. Recruitment efforts must continue to be strong and aggressive both internally and with the public. Current Projected Composition % Composition % White 27 15% 31 17% Black 145 81 145 78 Hispanic 8 4 10 5 Total 180 100% 186 100% Male 137 76 110 58 Female 43 24 76 42 9 SUMMARY Overall progress has been made in all categories while in other categories significant progress can be seen. A more detail exhibit is listed in Appendix A outlining the achievements in each category. However, the primary focus and objective of this plan still is to recruit, retain, and promote qualified minorities to ensure that the established goals are achieved and maintained in all categories. There is a continuing and urgent need for department directors and those recruiting to take affirmative steps in providing equal employment opportunities for the targeted groups. The department directors, managers, and supervisors must not only buy into this plan and take positive steps to ensure that the intent of the plan is implemented and achieved but also must ensure that subordinate employees are properly trained in order to prepare them for future opportunities. Growth and development of subordinate employees is one of the prerequisite for the continued success of this plan. The organizational structure must become a factor in measuring the success of this plan. A career awareness plan should be developed and implemented within each department. The plan should outline the career track/route that employees can take for upward mobility and the desired training as well. Key resources should be identified in each department which would assist employees in attaining their goals. The Employee Relations Office should play a major role in defining and implementing both the career awareness and training programs. Goals in several categories have been met and therefore are not redefined within this five year plan. Those categories in which the goals have been achieved are Office/Clerical and Skilled Crafts. Goals were never established in the category of paraprofessional since there was such a small number of employees and utilization of the groups was acceptable. (Appendix B reflects categories where goals have been achieved. ) The Employee Relations Office is assigned the responsibility for monitoring the retention level to ensure that the achieved goals are maintained in each category. Emphasis will be placed on replacing minorities and females that leave the City's employment in these categories. Should a significant deviation occur in the categories in which the goals have been achieved, then the Affirmative Action Committee shall recommend that this plan be amended to correct such decline. AA94 7/20/89 10 Appendix A ADMINISTRATNE/EXECUTNE Workforce Analysis TOTAL WHITE BLACK HISPANIC OTHER EMPL MALE FEMALE No. of employees 1977 61 2 0 0 63 56 7 Percentage 97% 3% 0% 0% 89% 11% No. of employees 1983 49 9 1 0 59 49 10 Percentage 83% 15% 2% 0% 83% 17% No. of employees 1988 54 15 1 1 71 49 22 Percentage 76% 21% 1% 1% 69% 31% No of employees 2/1989 41 11 1 1 54 38 16 Percentage 76% 20% 2% 2% 70% 30% Estimated number of employees 1994 36 18 2 1 57 33 24 Est. Percentage 63% 32% 4% 1% 58% 42% Proposed Increase/ -5 +7 +1 0 +8 Der ,ase Es,, arcentage Increase/Decrease -9% +12% +2% 0 +12% Appendix A PROFESSIONAL Workforce Anafysis TOTAL WHITE BLACK HISPANIC OTHER EMPL MALE FEMALE No. of employees 1977 802 4 0 0 86 72 14 Percentage 93% 2% 5% 0% 84% 16% No ` employees 1983 51 11 2 0 65 35 30 Pei stage 78% 17% 3% 0% 54% 46% No. of employees 1988 52 29 0 1 82 42 40 Percentage 63% 35% 0% 1% 51% 49% No. of employees 2/1989 60 31 0 1 92 49 43 Percentage 65% 34% 0% 1% 53% 47% Estimated number of employees 1994 62 32 4 1 99 57 42 Est. Percentage 63% 32% 4% 1% 58% 42% Proposed Increase/ +2 +1 +4 0 0 Decrease Est. Percentage Increase/Decrease -2% -2% +4% 0% 0 All goals met except for Hispanic. Appendb(A TECHNICAL Workforce Analysis TOTAL WHITE BLACK HISPANIC OTHER EMPL MALE FEMALE No. of employees 1977 102 15 3 0 120 105 15 Percentage 85% 13% 2% 0% 88% 12% No. of employees 1983 54 17 2 0 73 52 21 Pe, ntage 74% 23% 3% 0% 71% 29% No. of employees 1988 51 22 5 -- 79 57 22 Percentage 65% 28% 6% -- 72% 28% No. of employees 2/1989 45 22 5 1 3 51 22 Percentage 62% 30% 7% 1% 70% 30% Estimated number Of Employees 1994 46 25 5 1 77 45 32 Est. Percentage 60% 32% 7% 1% 58% 42% Proposed Increase/ +1 +3 0 0 +10 Decrease Est. Percentage Increase/Decrease -2% +2% 0 0 +12% Appendix A PROTECTIVE SERVICES Workforce Analysis TOTAL WHITE BLACK HISPANIC EMPL MALE FEMALE No. of employees 1977 252 7 2 261 259 2 Pr -stage 97% 2% .8% 99% .8% No. of employees 1983 388 40 2 436 415 21 Percentage 90% 9% 1% 95% 5% No. of employees 1988 359 50 8 417 392 25 Percentage 86% 12% 2% 94% 6% No. of employees 2/1989 352 51 12 415 28 Percentage 85% 12% 3% 7% Estimated number of employees 1994 308 83 24 415 366 49 Est. Percentage 74% 20% 6% 88% 12% Proposed Increase/ Decrease -44 +32 +12 +21 Es 3rcentage -11% + 9% + 3% + 5% Increase/Decrease Page 1 of 2 Append'oc A PROTECTIVE SERVICES Workforce Analysis TOTAL WHITE BLACK HISPANIC EMPL MALE FEMALE Fire Er ited number of employees 1994 157 38 10 205 200 5 Est. Percentage 77% 19% 5% 98% 2% Proposed Increase/ Decrease -15 +11 +4 +4 Est. Percentage Increase/Decrease - 7% +5% +2% +2% Police Estimated number of .)loyees 1994 151 45 14 210 166 44 Est. Percentage 73% 20% 7% 79% 21% Proposed Increase/ Decrease -29 +21 +8 +16 Est. Percentage Increase/Decrease -13% +100/0 +4% + 8% Page 2 of 2 Appendix A SERVICE/MAINTENANCE Workforce Analysis TOTAL WHITE BLACK HISPANIC EMPL MALE FEMALE No. of employees 1977 52 199 1 252 227 25 Percentage 21% 79% .5% 90% 10% No ,f employees 1983 55 249 3 308 242 66 P6. ntage 18% 81% 1% 79% 21% No. of employees 1988 29 151 9 189 143 46 Percentage 15% 80% 5% 76% 24% No. of employees 2/1989 27 145 8 180 137 43 Percentage 15% 81% 4% 76% 24% Estimated Number of Employees 1994 31 145 10 186 127 59 Est. Percentages 17% 78% 5% 68% 32% Proposed Increase/ Decrease +4 0 2 16 Est. Percentage Inc se/Decrease +2% -3% +1% 8% Appendix B PARA-PROFESSIONAL Workforce Analysis WHITE BLACK HISPANIC TOTAL MALE FEMALE No goals established in 1977 No. of employees 1983 1 3 -- 4 2 2 Percentage 25% 75% -- -- 50% 50% Nc employees 1988 2 2 -- 4 1 3 Percentage 50% 50% -- -- 25% 75 No. of employees 2/1989 8 8 1 17 2 15 Percentage 47% 47% 6% -- 88% - No goals were established due to limited number of employees in this category. Appendix B OFFICE/CLERICAL Workforce Analysis TOTAL WHfTE BLACK HISPANIC EMPL MALE FEMALE No. of employees 1977 90 14 1 105 7 98 Percentage 86% 13% .9% 7% 93% Nu. ,4 employees 1983 108 58 3 169 4 165 Percentage 64% 34% 2% 2% 98% No. of employees 1988 87 63 10 160 6 154 Percentage 55% 39% 6% 4% 96% No. of employees 2/1989 81 59 9 149 145 Percentage 54% 40% 6% 97% All goals met for 1988. Appendb( B SIOLLED CRAFT Workforce AnaNsis TOTAL WHITE BLACK HISPANIC EMPL MALE FEMALE No. of employees 1977 92 100 4 196 188 8 Percentage 47% 51% 2% 96% 4% Nc employees 1983 60 110 4 174 160 14 Percentage 34% 63% 2% 92% 8% No. of employees 1988 43 108 13 160 149 11 Percentage 26% 66% 8% 93% 7% No. of employees 2/1989 40 98 13 151 11* Percentage 26% 65% 9% 7% Goals met for 1988.