Number
030404
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. PRATT AND GORDON
Title
A substitute ordinance relating to the city's diversity, equal employment opportunity and affirmative action activities.
Sections
350-203 rc
Analysis
This ordinance repeals and recreates the city's code provisions relating to diversity, equal employment opportunity and affirmative action activities. Specifically the ordinance:
1. Updates the description of city staff responsible for such activities, including their duties and responsibilities.
2. Deletes certain obsolete provisions.
3. Changes the reporting requirement for the diversity, equal employment opportunity and affirmative action plan from annually to every 2 years.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 350-203 of the code is repealed and recreated to read:
350-203. Diversity, Equal Employment Opportunity and Affirmative Action.
1. DECLARATION OF POLICY. It is the policy of the city of Milwaukee to provide equal employment opportunities to all qualified persons without regard to their race, religion, color, age, disability, sex, national origin, sexual orientation, marital status, membership in the military reserves, creed, ancestry, arrest or conviction record, or use or nonuse of lawful products away from work. In adhering to this policy, the city complies with the Wisconsin Fair Employment Act, Title VII of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act of 1990, and other applicable statutes and regulations relating to equal employment opportunities. This policy represents the city's commitment to a nondiscriminatory work environment for all qualified applicants and employes. The city of Milwaukee is an employer which values the diversity of its employes.
2. DEFINITIONS. In this section:
a. "Affirmative action" means, in employment, the screening of position descriptions and selection criteria to ensure the use of appropriate, job-related requirements; comprehensive and inclusive advertising and recruiting efforts; special or targeted recruiting in addition to traditional methods; training plans and programs, including on-the-job training; and gender-neutral and culturally bias-free criteria to be used when making employment decisions relating to recruitment, hiring, performance evaluation, promotion, transfers, training opportunities, compensation and other terms and conditions of employment and termination.
b. "Diversity" means, in addition to differences based on ethnicity, gender, age, religion, disability, national origin and sexual orientation, an infinite range of individuals' unique characteristics and experiences, such as communication styles, career, work, life experience, educational backgrounds and other variables. Diversity focuses on tapping the talents of people of different backgrounds, experiences and perspectives as a means of improving the workplace environment and productivity. Diversity awareness works to create an environment that recognizes values and utilizes the unique skills and abilities of all employes. The goal of diversity awareness is to create an inclusive, respectful and equitable work environment.
c. "Equal employment opportunity" means the equal and fair treatment of all qualified applicants and employes with regard to city employment practices, including, but not limited to, recruitment, selection, hiring, training, promotion, compensation, benefits, transfers, discipline, terms and conditions of employment, and layoffs.
3. OFFICE OF DIVERSITY AND OUTREACH. There is established, under the direction of the employe relations director, an office of diversity and outreach for the purpose of promoting the importance, benefit and necessity of maintaining diversity within the city's workforce and ensuring compliance with applicable policies, ordinances, statutes, laws and executive orders. The office of diversity and outreach shall have other duties pertinent thereto, including but not limited to:
a. Reviewing and assisting the development of diversity, equal employment opportunity, affirmative action plans of the various city departments to ensure that each plan is consistent with the overall city plan.
b. Maintaining statistics, which include, but are not limited to, the proportion of underrepresented group members at all levels and job classifications in the city's workforce and the availability of qualified underrepresented group members in the labor force of the relevant labor areas. The statistics shall indicate how each group has been affected by new hires, training opportunities, promotions and discipline.
c. Counseling employes, managers and others about diversity, equal employment opportunity and affirmative action issues in the workplace.
d. Facilitating diversity related training programs and workplace mediation.
e. Receiving and investigating complaints of discriminatory employment practices, workplace violence, or of harassment in the workplace from city employes. If an investigation discloses a violation has occurred, the diversity and outreach officer shalll work with department heads and managers to implement corrective action and resolve the situation.
f. Receiving and investigating complaints filed with the city equal rights commission regarding any resident who believes that he or she has been discriminated against in employment or housing within the city.
g. Receiving and investigating complaints filed with the fire and police commission regarding any citizen who believes he or she has been treated by an employe of the fire or police department in a manner that violates fire and police commission or departmental rules.
h. Identifying and maintaining comprehensive and effective recruitment methods that promote a diverse workforce.
i. Monitoring results of police and firefighter training, with emphasis on female and minority recruits.
j. Participating in performance examinations, job fairs, and police aide and fire cadet recruitment activities at high schools and other locations.
k. Working through a comprehensive community relations effort and public information program to enhance the image of the fire and police service.
L. Reviewing all state of Wisconsin and federal laws, rules and regulations concerning equal employment opportunities to ensure compliance.
4. DIVERSITY AND OUTREACH OFFICER. The diversity and outreach officer shall, under the direction of the employe relations director, manage the day-to-day operations of the office of diversity and outreach; perform complaint intake functions; investigate complaints; serve as the city's Americans with Disabilities Act coordinator; ensure compliance with applicable ordinances, statutes, laws and executive orders; have responsibility and authority for the development and implementation of a comprehensive diversity, equal employment opportunity and affirmative action plan for the city; and function as the liaison between the fire and police departments, the fire and police commission, the media and the community.
5. DEPARTMENT DIVERSITY, EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION PLANS. Each city department shall submit a diversity, equal employment opportunity and affirmative action plan every 2 years. The office of diversity and outreach shall provide guidelines and a time line for submitting the plans.
6. CITYWIDE DIVERSITY, EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION PLAN.
a. The department of employe relations shall incorporate the individual departmental plans into a citywide diversity, equal employment opportunity and affirmative action plan that shall be submitted to the city service commission. This plan shall be prepared every 2 years.
b. Upon approval by the city service commission, the plan shall be submitted to the mayor and common council. Upon adoption, the plan shall be distributed to all city department heads.
7. IMPLEMENTATION.
a. Recruitment. The department of employe relations shall practice comprehensive and inclusive advertising and recruiting efforts, which may include special recruiting targeting previously underrepresented groups, in addition to traditional recruiting methods.
b. Training. The department of employe relations shall develop training plans and programs, including on-the-job training, designed to develop the knowledge, skills and abilities essential for developing each employe's fullest potential. The department of employe relations shall develop and provide relevant training to increase employes' knowledge and awareness of laws and regulations, as well as the city's policies relating to diversity, equal employment opportunity and affirmative action and respecting diversity in the workplace.
c. Testing, Selection, Placement and Promotion. The department of employe relations shall review city testing, selection, placement and promotion polices to ensure that they comply with applicable laws and regulations relating to equal employment opportunities.
8. ACCOUNTABILITY AND REPORTS. The department of employe relations shall be responsible for the successful implementation and coordination of the citywide diversity, equal employment opportunity and affirmative action plan. In turn, each department head shall be accountable for the successful implementation of their departmental diversity, equal employment opportunity and affirmative action plan.
LRB
APROOVED AS TO FORM
___________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date
Requestor
Department of Employe Relations
Drafter
TWM/rk
LRB03277-3
7/2/2003