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HomeMy WebLinkAboutMN-AAC-1996 s CITY OF ITHACA AFFIRMATIVE ACTION ADVISORY COMMITTEE REGULAR M1 ETING January 24, 1996 Members Present: Phyllis Radke, Marcia Fort, Tom West, Diann Sams, Denise Malone (Administrative Secretary) Members Excused: Sam Cohen, Brenda Kuhn, Valerie Saul (Personnel Administrator) Members Absent: Arleathia Evans Others Present: Mayor Cohen, Brian Wilbur (Fire Chief) , David Barnes (Deputy Police Chief) , Mark Hassan Co-chair Marcia Fort called the meeting to order at 2:45 p.m. APPROVAL OF MINUTES Due to the lack of a quorum, the minutes from the November 29, 1995 meeting were not approved. FUTURE AGENDA ITEMS Co-Chair Marcia Fort would like to discuss Civil Service Law 55-A (Employment of Persons With Disabilities by Municipalities) at the May Affirmative Action Advisory Committee meeting. The Committee briefly discussed this law. Tom West would like to have department heads present at the meeting when this law is discussed. Mr. West will talk with .Rersonnel Administrator Saul regarding obtaining information on Civil Service Law 55-A. Diann Sams would like to add the Pay Equity Study to the Affirmative Action Advisory Committee meeting agenda for May. UPDATE ON AFFIRMATIVE ACTION ADVISORY COMMITTEE HIRING PROCEDURE & VACANCY REVIEW COMMITTEE (D. SAMS) Ms. Sams said the revised resolution passed at the December 13, 1995 meeting of the Youth and Human Services Committee with one additional revision. The Affirmative Action Advisory Sub-Committee will now consist of the Mayor, the Common Council Liaison to the Affirmative Action Advisory Committee and the Personnel Administrator. Ms. Sams-stated that this resolution will go into effect immediately. k. Ms. Sams stated that she voted for the approval of the resolution but with reservations. She felt that it showed a lack of confidence in the members of the Affirmative Action Advisory Committee. MAYOR COHEN - HIS VISION AND GOALS FOR AFFIRMATIVE ACTION AND THE ROLE OF THE AFFIRMATIVE ACTION ADVISORY COMMITTEE The Committee welcomed Mayor Cohen to the meeting. After introductions, Ms. Fort asked the Mayor to share his vision and goals for Affirmative Action and the Role of the Affirmative Action Advisory Committee. Affirmative Action Advisory Committee January 24, 1996 Page 2 Mayor Cohen began by commending the Committee on their accomplishments. Then he talked about recruitment and ways to improve on it. Mr. Cohen feels we need to better educate the public and make it clear that any job in the City is accessible. One way this can be done is by participating in Career Day at Ithaca High School. Mayor Cohen stated that this Committee can also send people to him for appointments. By doing so, it can give them a better idea on how things operate within the City. Fire Chief Brian Wilbur explained that the City previously had a separate Affirmative Action budget. Mr. Wilbur asked the Mayor whether or not he foresees the City allocating money again for a separate budget. Mayor Cohen said he was not aware of this. He suggested that the Committee should discuss the feasibility of creating a separate budget with department heads and make that decision themselves. Phyllis Radke mentioned the difficulties the Police Department and Fire Department have in reaching people from the protected classes. She asked the Mayor whether he sees any way to improve this. Mayor Cohen suggested improving our recruitment and educating the public in how to take civil service exams. Mayor Cohen also mentioned the possibility of creating a disability fund that would free up positions to allow the departments to return to full force. Ms. Sams asked the Mayor what ideas he has about establishing career ladders in City government. People could be hired in entry-level positions and be trained for promotions. Mayor Cohen suggested the City should review why we are not retaining employees. He stated that he would assist and work with any department heads that have employees who are interested in advancing in their careers. s The Committee discussed whether or not-_.all entry-level positions could be non-competitive and expanding the Rule of 3 to a Rule of 10. Mayor Cohen suggested getting involved with changing legislation so that it will only affect this area; the Home Rule Legislation. The Committee thanked the Mayor for sharing his goals and visions. FURTHER COMMITTEE DISCUSSION AND WRAP-UP The Committee discussed the Mayor's comments. The Committee agreed that affirmative action is a sensitive, difficult issue and that they should be supportive of each other and department heads. Ms Fort stated that in her review .of previous statistics, there were no statistics for people with disabilities. Ms. Fort would like to see future statistics include a line for people with disabilities. Ms. Sams is interested in seeing what the County's affirmative action process is like. She would like to obtain a copy of their Affirmative Action Plan and their employment statistics for last year. With no further business, the meeting was adjourned at 4: 30 p.m. v 7(TT1 i vss CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF MEMORANDUM TELEPHONE PERSONNEL/CIVIL SERVICE (607)274-6539 TO: All Department Heads FROM: Valerie Saul, Personnel Administrator DATE: February 26, 1996 SUBJ: WORKERS' COMPENSATION CLAIMS Chuck Lacomb of Ithaca Agency has been working extensively with us and General Accident Insurance to resolve some issues and problems that keep recurring and impeding the effective handling of workers' compensation claims. Chuck has requested three minor changes in our procedures that will facilitate the resolution of some of the problems. The changes are as follows: C-2's 1 . When listing the employee's address in Section 3b, please also include the employee's home phone number. This facilitates needed contact with the injured employee. 2. At the bottom of the C-2 , please type the name and work phone number of a supervisory or administrative contact person who can be reached within 24 hours if additional information is needed immediately. The contact person should be someone who works traditional work hours and is readily accessible by phone. Reimbursement Requests 3 . Reimbursement requests for long-term injuries should be filed on at least a quarterly basis. By doing so, we will hopefully avoid situations in which the City's reimburserent is sent to the employee because the Workers' Compensation Board did Lot have a reimbursement request on file. Please share this memo with your staff who handle workers' compensation claims. Should you or your staff have any questions, please feel free to call me. 'An Equal Opportunity Employer with an Affirmative Action Program" to/ Recycled Paper t + 4 7 WILLIAM KAUPE Clerk' s Office +7 WILLIAM KAUPE �� `'' Clerk ' s Office r--gni Titll CITY OF ITHACA 108 EAST GREEN STREET • ITHACA, NEW YORK 14850 OFFICE OF TELEPHONE PERSONNEUCIVIL SERVICE (607)274-6539 CITY OF ITHACA AFFIRMATIVE ACTION ADVISORY COMMITTEE REGULAR MEETING DATE: February 28, 1996 PLACE: Second Floor Conference Room - City Hall TIME: 2:30 p.m.-4:30 p.m. Chair: Marcia Fort AGENDA 2:30 pm-2:45 pm Affirmative Action Advisory Committee Business Approval of Minutes (Minutes to Follow) Review of Statistics (DPW) 2:45 pm-3:30 pm Department of Public Works Bill Gray, Supt of Public Works Rick Ferrel, Asst Supt (S&F) Larry Fabbroni, Asst Supt (W&S) 3:30 pm-4:30 pm Further Committee Discussion and Wrap Up n An Equal Opportunity Employer with an Affirmative Action Program" tJ Recycled Paper 5 § 55 CIVIL SERVICE LAW CIVIL SERVICE LAW Note 4 4. Right to appointment umek appeal denied 40 N.Y2d 804, 387 designated, in sentence beginnin Messina v. Codd (1 Dept. 1976) 52 N.Y.S.2d 1032,356 N.E.2d 484. to making" substituted A.D.2d 784, 383 N.Y.S.2d 321, [main vol- mentally disabled for Physic „ "Physically � PPed" in two instances, sub blind and visually handicapper„fo $ 55-a. Employment of persons with disabilities by municipals- ally handicapped„, "disabfiity"for ties 1. Municipal civil service commissions in the state may,by rule, determine a prescribed number of positions,not to exceed seven hundred positions,with duties which can be performed by physically or mentally disabled persons who Lei are found qualified, in the manner hereafter prescribed, to perform satisfacto- L.1985,c.320; For memorandum o - rily such duties. Y°r>4 see McKknney's 1985 Se 2. Upon such a determination, such positions shall be classified in the non- § 55-b. Ern I competitive class, and shall be filled by persons who shall have been certified Pioyment of by either the commission for the blind and visually handicapped in the state 1. The commission may det department of social services as physically disabled by blindness or by the duties such as can be Perfon state education department as otherwise physically or mentally disabled and, disability who are found otherwii in any event, qualified to perform satisfactorily the duties of any such position. of any such position. Upon su At least three hundred of such positions shall be filled by persons who have classified in the noncompetitive been certified as physically disabled. If no qualified physically disabled shall have been certified by that e persons have applied for'such positions, the municipal civil service commission being a person with either pl may fill those unfilled positions with qualified mentally disabled persons. persons appointed pursuant o t 3. Prior to making certification of physically or mentally disabled persons 2. Those employees hired uh for any such position,the commission for the blind and visually handicapped in afforded the same oppor tv t< the case of persons physically disabled by blindness or the state education to employees in the competitive , department in the case of persons otherwise physically or mentally disabled (As amended L.1983, G 101b, § 1; L shall obtain from the appropriate municipal civil service commission a detailed 320, § 3; L.1987, c.429, § 1; L.1990 description of all duties of the position, and shall investigate the extent of the disability by examination of any such person or otherwise,and shall determine Historical and report its findings to the appropriate civil service commission, as to the 1990 Amendment. Subd. 1. L.199 ability of the disabled person to perform the duties of such position. Such 3ki4, § i, eff July 2, 1990, s L.1 9 findings shall be given due consideration by the municipal civil service reference to persons nth a physics commission. mental disability for reference Ps h 4. Notwithstanding any other provision of law, a municipal commission every appearing,entally handicapped persons w may, titles designated by it, extend to employees in the service of a civil increased to 1200 f Y Sn Y 900 the number of positions which may division who are holding or who have held a position in the non-competitive determined for persons with Physics class of such services pursuant to the provisions of this section, the same mental disabilities and increased to 1 opportunity as employees in the competitive class to take promotion examina- from 900 the maximum number of per, lions. which may be appointed pursuant to (Formerly § 55-b, added L.1977, c. 256, § 1; amended L.1981, c. 425, § 1; L.1983, c. section. 667, § 2; renumbered § 55-a and amended L.1985, c. 320, § 3; L.1986, c. 331, § 3.) 1987 Amendment Subd. 1. L.1987 429, § 1, eff July 27, 1987, deleted n skons requiring P Historical and Statutory Notes _ that special considerat be given to the hiring of physically 1986 Amendment. Subd.4. L.1986,c. Subd. 2. L.1985, c. 320, § 3, eff. July mentally handicapped Persons who est 331, § 3,eff. July 17, 1986,added subd.4. 11, 1985, designated existing provisions in fished by appro priate docijm who e 1985 Amendment. Catchline. L.1985, part as subd. 2, and in subd. 2, as so dence that they were Vietnam era vet c. 320, § 3, eff. July 11, 1985, substituted designated, in sentence beginning "Upon ans who met the definition of veteran "Employment of persons with disabilities such a determination" substituted "blind disabled veteran prescribed by s ete ni by municipalities" for "Employment of and visually handicapped in" for"visually one of section eighty-five of this chapf physically handicapped persons". handicapped in" and "physically or men- and who served in time of war as defin Subd. 1. L.1985, c. 320, § 3, eff. July tally disabled" for "physically disabled" in subparagraph foul of p greph CO 11, 1985, designated existing provisions in and added sentences beginning "At least subdivision one of such section. part as subd. 1, and in subd. 1, as so three" and "If no qualified". designated, substituted "seven hundred" for"two hundred"and"physically or men- Subd. 3. L.1985, c. 320, § 3, eff. July tally disabled" for "physically handi- 11, 1985, designated existing provisions in Cross capped" and inserted "satisfactorily". part as subd. 3, and in subd. 3, as so Employment of 36 persons with a disability • COMPARISON OF CITY STATISTICS WITH LABOR FORCE STATISTICS: 12/31/95 TOMPKINS CTY TOTAL PERMANENT CATEGORY LABOR FORCE EMPLOYMENT EMPLOYMENT Total 48,132 534 416 Non-Minority 92.2% 88.4% 93 .0% Minority 7.8% 11.6% 7.0% Black 3.2% 6.9% 4.3% Hispanic* 1.7% 1. 3% 1.2% Asian 3.9% 1.7% 1.2% Multi-Ethnic Not Available 1.1% 0.0% AmerInd, Esk & 0.2% 0.6% 0.5% Aleut Male 52.2% 69.7% 73.8% Female 47.8% 30.3% 26.2% C *Included in white or minority CITY OF ITHACA EMPLOYMENT DATA: 12/31/95 I. ALL EMPLOYEES TOTAL NUMBER OF % NUMBER OF % EMPLOYEES FEMALES FEMALE MINORITIES MINORITY Permanent Full-Time 394 92 23% 27 7% Permanent Part-Time 22 17 77% 2 9% Temporary/ Seasonal 118 53 45% 33 28% TOTAL EMPLOYMENT: 534 162 30% 62 12% II. PERMANENT EMPLOYEES BY JOB CATEGORY TOTAL NUMBER OF % NUMBER OF % EMPLOYEES FEMALES FEMALE MINORITIES MINORITY Job Category Officials and Administrators 35 10 29% 1 3% Professionals 54 15 28% 6 11% Technicians 29 3 10% 2 7% Protective Service 103 3 3% 7 7% Para-Professionals 21 16 76% 5 24% Administrative Support 43 40 93% 3 7% Skilled Craft 46 0 0% 0 0% Service and Maintenance 85 22 26% 5 6% BUILDING DEPARTMENT EMPLOYMENT DATA: 12/31/95 I. ALL EMPLOYEES TOTAL NUMBER OF % NUMBER OF % EMPLOYEES FEMALES FEMALE MINORITIES MINORITY Permanent Full-Time 13 6 46% 1 8% Permanent Part-Time 1 1 100% 0 0% Temporary/ Seasonal 0 0 0% 0 0% TOTAL EMPLOYMENT: 14 7 50% 1 7% II. PERMANENT EMPLOYEES BY JOB CATEGORY TOTAL NUMBER OF % NUMBER OF % EMPLOYEES FEMALES FEMALE MINORITIES MINORITY Job Category Officials and Administrators 3 1 33% 0 0% Technicians 7 2 29% 1 14% Administrative Support 3 3 100% 0 0% Service and Maintenance 1 1 100% 0 0% CITY ATTORNEY'S OFFICE EMPLOYMENT DATA: 12/31/95 I. ALL EMPLOYEES TOTAL NUMBER OF % NUMBER OF % EMPLOYEES FEMALES FEMALE MINORITIES MINORITY Permanent Full-Time 3 3 100% 0 0% Permanent Part-Time 1 0 0% 0 0% Temporary/ Seasonal 0 0 0% 0 0% TOTAL EMPLOYMENT: 4 3 75% 0 0% II. PERMANENT EMPLOYEES BY JOB CATEGORY TOTAL NUMBER OF % NUMBER OF % EMPLOYEES FEMALES FEMALE MINORITIES MINORITY C Job Cateaorv_ Professionals 2 1 50% 0 0% Para-Professionals 1 1 100% 0 0% Administrative Support 1 1 100% 0 0% CITY PROSECUTOR'S OFFICE EMPLOYMENT DATA: 12/31/95 I. ALL EMPLOYEES TOTAL NUMBER OF % NUMBER OF % EMPLOYEES FEMALES FEMALE MINORITIES MINORITY Permanent Full-Time 1 1 100% 0 0% Permanent Part-Time 1 1 100% 0 0% Temporary/ Seasonal 0 0 0% 0 0% TOTAL EMPLOYMENT: 2 2 100% 0 0% II. PERMANENT EMPLOYEES BY JOB CATEGORY TOTAL NUMBER OF % NUMBER OF EMPLOYEES FEMALES FEMALE MINORITIES MINORITY Job Category Professionals 1 1 100% 0 0% Administrative Support 1 1 100% 0 0% DEPARTMENT OF PUBLIC WORKS EMPLOYMENT DATA: 12/31/95 I. ALL EMPLOYEES TOTAL NUMBER OF % NUMBER OF % EMPLOYEES FEMALES FEMALE MINORITIES MINORITY Permanent Full-Time 153 17 11% 3 2% Permanent Part-Time 8 6 75% 1 13% Temporary/ Seasonal 20 2 10% 3 15% TOTAL EMPLOYMENT: 181 25 14% 7 4% II. PERMANENT EMPLOYEES BY JOB CATEGORY TOTAL NUMBER OF % NUMBER OF % EMPLOYEES FEMALES FEMALE MINORITIES MINORITY c Job Category Officials and Administrators 6 2 33% 0 0% Professionals 11 1 9% 0 0% Technicians 21 1 5% 1 5% Administrative Support 7 6 86% 0 0% Skilled Craft 46 0 0% 0 0% Service and Maintenance 70 13 19% 3 4% FINANCE DEPARTMENT EMPLOYMENT DATA: 12/31/95 I. ALL EMPLOYEES TOTAL NUMBER OF % NUMBER OF % EMPLOYEES FEMALES FEMALE MINORITIES MINORITY Permanent Full-Time 18 15 83% 2 11% Permanent Part-Time 0 0 0% 0 0% Temporary/ Seasonal 0 0 0% 0 0% TOTAL EMPLOYMENT: 18 15 83% 2 11% II. PERMANENT EMPLOYEES BY JOB CATEGORY TOTAL NUMBER OF % NUMBER OF EMPLOYEES FEMALES FEMALE MINORITIES MINORITY C Job Cateaorv_ Officials and Administrators 7 4 57% 0 0% Administrative Support 11 11 100% 2 18% FIRE DEPARTMENT EMPLOYMENT DATA: 12/31/95 I. ALL EMPLOYEES TOTAL NUMBER OF % NUMBER OF % EMPLOYEES FEMALES FEMALE MINORITIES MINORITY Permanent Full-Time 68 4 6% 2 3% Permanent Part-Time 0 0 0% 0 0% Temporary/ Seasonal 0 0 0% 0 0% TOTAL EMPLOYMENT: 68 4 6% 2 3% II. PERMANENT EMPLOYEES BY JOB CATEGORY TOTAL NUMBER OF % NUMBER OF % EMPLOYEES FEMALES FEMALE MINORITIES MINORITY t Job Category Officials and Administrators 7 0 0% 0 0% Professionals 8 0 0% 0 0% Technicians 1 0 0% 0 0% Protective Service 49 1 2% 2 4% Para-Professionals 1 1 100% 0 0% Administrative Support 2 2 100% 0 0% MAYOR'S OFFICE EMPLOYMENT DATA: 12/31/95 I. ALL EMPLOYEES TOTAL NUMBER OF % NUMBER OF % EMPLOYEES FEMALES FEMALE MINORITIES MINORITY Permanent Full-Time 2 2 100% 0 0% Permanent Part-Time 0 0 0% 0 0% Temporary/ Seasonal 1 1 100% 0 0% TOTAL EMPLOYMENT: 3 3 100% 0 0% II. PERMANENT EMPLOYEES BY JOB CATEGORY TOTAL NUMBER OF % NUMBER OF % EMPLOYEES FEMALES FEMALE MINORITIES MINORITY Job Category_ Professionals 1 1 100% 0 0% Administrative Support 1 1 100% 0 0% PLANNING DEPARTMENT EMPLOYMENT DATA: 12/31/95 I. ALL EMPLOYEES TOTAL NUMBER OF % NUMBER OF EMPLOYEES FEMALES FEMALE MINORITIES MINORITY Permanent Full-Time 8 4 50% 1 13% Permanent Part-Time 0 0 0% 0 0% Temporary/ Seasonal 0 0 0% 0 0% TOTAL EMPLOYMENT: 8 4 50% 1 13% II. PERMANENT EMPLOYEES BY JOB CATEGORY TOTAL NUMBER OF % NUMBER OF % EMPLOYEES FEMALES FEMALE MINORITIES MINORITY t Job Category Officials and Administrators 2 0 0% 0 0% Professionals 4 2 50% 1 25% Administrative Support 2 2 100% 0 0% POLICE DEPARTMENT EMPLOYMENT DATA: 12/31/95 I. ALL EMPLOYEES TOTAL NUMBER OF % NUMBER OF % EMPLOYEES FEMALES FEMALE MINORITIES MINORITY Permanent Full-Time 86 14 16% 5 6% Permanent Part-Time 6 6 100% 0 0% Temporary/ Seasonal 8 2 25% 0 0% TOTAL EMPLOYMENT: 100 22 22% 5 5% II. PERMANENT EMPLOYEES BY JOB CATEGORY TOTAL NUMBER OF % NUMBER OF % EMPLOYEES FEMALES FEMALE MINORITIES MINORITY Job Category t Officials and Administrators 4 0 0% 0 0% Professionals 13 1 8% 0 0% Protective Service 54 2 4% 5 9% Administrative Support 10 9 90% 0 0% Service and Maintenance 11 8 73% 0 0% YOUTH BUREAU EMPLOYMENT DATA: 12/31/95 I. ALL EMPLOYEES TOTAL NUMBER OF % NUMBER OF % EMPLOYEES FEMALES FEMALE MINORITIES MINORITY Permanent Full-Time 42 26 62% 13 31% Permanent Part-Time 5 3 60% 1 20% Temporary/ Seasonal 89 48 54% 30 34% TOTAL EMPLOYMENT: 136 77 57% 44 32% II. PERMANENT EMPLOYEES BY JOB CATEGORY TOTAL NUMBER OF % NUMBER OF % EMPLOYEES FEMALES FEMALE MINORITIES MINORITY Job Category Officials and Administrators 6 3 50% 1 17% Professionals 14 8 57% 5 36% Para-Professionals 19 14 74% 5 26% Administrative Support 5 4 80% 1 20% Service and Maintenance 3 0 0% 2 67% CITY OF ITHACA AFFIRMATIVE ACTION ADVISORY COMMITTEE REGULAR MEETING February 28 , 1996 Members Present: Phyllis Radke, Marcia Fort, Tom West, Sam Cohen, Valerie Saul (Personnel Administrator) , Denise Malone (Administrative Secretary) Members Excused: Mark Spadolini, Brenda Kuhn, Diann Sams Members Absent: Arleathia Evans Others Present: Bill Gray (Supt of Public Works) , Rick Ferrel (Asst Supt of Public Works-S&F) , Larry Fabbroni (Asst Supt of Public Works-W&S) , Brian Wilbur (Fire Chief) Co-chair Sam Cohen called the meeting to order at 2:40 p.m. APPROVAL OF MINUTES Due to the lack of a quorum, the minutes from the November 29, 1995 and the January 24 , 1996 meetings were not approved. DEPARTMENT OF PUBLIC WORKS The Committee welcomed Superintendent of Public Works Bill Gray, Assistant Superintendent (S&F) Rick Ferrel, and Assistant Superintendent (W&S) Larry Fabbroni to the meeting. Marcia Fort asked Superintendent Gray if he would like to share with the Committee the progress, needs and concerns of the Department of Public Works as it relates to affirmative action. Superintendent Gray said there have been a number of changes taking place in the Department of Public Works. He stated that the department has decreased in size due to budget constraints, positions remaining vacant and employees being transferred to other departments within the City. Mr. Gray asked Assistant Superintendent Ferrel and Assistant Superintendent Fabbroni to report on what has been happening in their divisions. Assistant Superintendent Ferrel stated that he oversees the Streets & Facilities Division, which consists of the Parks & Grounds, Highway Sections, Building Systems, and Parking Garages. Mr. Ferrel said that in the last five years, his Division has decreased by twenty-six (26) positions. He stated that of these twenty-six (26) positions, fifteen (15) were transferred to other departments and eleven (11) remain vacant or unfunded. Mr. Ferrel mentioned that he has recruited in the past at GIAC and Southside Community Center for the seasonal positions. But due to budget constraints, the number of seasonal positions has decreased. Mr. Ferrel stated that the City has trained and assisted employees in obtaining their Commercial Drivers' Licenses to advance from a Laborer to a Truck Driver. He also mentioned that of the thirteen ( 13) positions he was able to fill , he has hired four (4) individuals from protected classes. Affirmative Action Advisory Committee Meeting February 28, 1996 Page 2 Assistant Superintendent Fabbroni stated that the Water & Sewer Division has had changes but has not had a decrease in the number of positions. In addition to the transfers from Streets & Facilities, he has hired seven (7) employees since 1990, of which three (3) were from a protected class. He mentioned that he currently has three (3) vacancies which he plans to fill . Mr. Fabbroni stated that over the past years, he has hired a number of work study students who were minorities or females. He feels this is a good way to find employees from protected classes. Mr. Fabbroni stated that the areas with which he has problems are finding a more diversified pool of applicants for vacant positions, and trying to retain current employees who are members of a protected class. Superintendent Gray finished by saying that it is hard to have an impact in hiring affirmatively when there are few vacancies. He mentioned the following problems or areas with which he would like some assistance from the Affirmative Action Advisory Committee: 1. More flexibility in the civil service hiring process 2. Better opportunities to hire 3 . Better cross-section of applicants 4. Encouraging the community to learn specific skills 5. Reviewing the City's Hiring Procedure 6. Finding ways to retain current qualified employees 7 Encouraging current employees to improve their work skills The Committee thanked Superintendent Gray, Assistant Superintendent Ferrel and Assistant Superintendent Fabbroni for coming to the meeting. FURTHER COMMITTEE DISCUSSION AND WRAP UP The Committee discussed the comments made by Superintendent Gray, Assistant Superintendent Ferrel and Assistant Superintendent Fabbroni. The information gathered from the department heads will let the Affirmative Action Advisory Committee know where to allocate their time (i.e. retention, recruitment, getting an affirmative action budget) . The Committee discussed the format department heads are to follow when coming to the Affirmative Action Advisory Committee meeting. The Committee agreed to keep the current format. At the next meeting, the Committee would like to discuss the Affirmative Action Complaint Procedure, guidelines for department heads so that they know what is expected of them, the draft letter to Mayor Cohen, and the membership of the Affirmative Action Advisory Committee. With no further business, the meeting was adjourned at 4:45 p.m. JULIE HOLCOMB Clerk ' s Office CITY OF ITHACA AFFIRMATIVE ACTION ADVISORY COMMI REGULAR MEETING March 27, 1996 Members Present: Phyllis Radke, Marcia Fort, Tom West, Diann Sams, Mark Spadolini, Denise Malone (Administrative Secretary) Members Excused: Sam Cohen, Brenda Kuhn, Valerie Saul (Personnel Administrator) Members Absent: Arleathia Evans Others Present: Pat Kennedy (Assistant City Attorney) , Jean Deming (Commons Coordinator) , Allen Green (Youth Development Coordinator) , Mayor Cohen Marcia Fort called the meeting to order at 2:40 p.m. APPROVAL OF MINUTES The Committee reviewed the minutes from the November 29, 1995 meeting, the January 24, 1996 meeting, and the February 28, 1996 meeting. After discussion, Diann Sams asked that the following questions, pertaining to the Department of Public Works, be added to the February minutes: What provisions are made for employees who want to obtain their Commercial Drivers License? What kind of support is provided for these employees? Who does the training? Who determines whether the trainer is qualified? What does the Labor Law say about compensation for individuals who work overtime to provide this training? Who determines whether the training is progressing? How are biased related incidents handled? Does the City provide affirmative action training for front line supervisors? Phyllis Radke made a motion to approve the minutes from the November 29, 1995 meeting, the January 24, 1996 meeting, and with the changes noted above, the February 28, 1996 meeting. Seconded by Diann Sams. Motion carried 5-0. Ms. Sams asked that a copy of the Affirmative Action Advisory Committee meeting minutes and agenda be sent to all Common Council members. CITY ATTORNEY'S OFFICE, CITY PROSECUTOR'S OFFICE, COMMONS COORDINATOR'S OFFICE AND YOUTH BUREAU Marcia Fort mentioned that City Prosecutor Linda Falkson called and stated that due to her work schedule, she is unable to be present at this meeting. She stated, however, that her department consists of only two employees; herself and her assistant. She also stated that both of them have been employed by the City for a number of years. After introducing Assistant City Attorney Pat Kennedy, Commons Coordinator Jean Deming and Youth Development Coordinator Allen Green to the Committee, Ms. Fort stated that the Committee is interested in learning about their departments, their progress and what their needs and concerns are as they relate to affirmative action. Affirmative Action Advisory Committee Meeting March 27, 1996 Page 2 Assistant City Attorney Pat Kennedy started by saying there are three full- time positions and one part-time position in the City Attorney's Office. All the positions are currently occupied by women. She stated that there is a low turnover rate in this department. Ms. Kennedy stated that they have hired for the summer law students or workstudy students that were from the protected classes. Assistant City Attorney Kennedy stated that due to the increase in lawsuits, the complexity of labor laws and the training of new members on Committees, the City Attorney's Office is in need of more staff. Tom West asked whether the City used consultants for legal services. Ms. Kennedy stated that the City Attorney's office deals with a large number of companies because of the City's insurances. She stated that most of the companies we deal with have their own lawyers to handle our cases. Ms. Kennedy said, however, that the City has hired consultants with unique and specialized skills. Ms. Kennedy asked the Committee what will happen with the information that they gather. Ms. Fort stated that they will summarize the information they receive and decide where the Affirmative Action Advisory Committee should put its energy. Ms. Kennedy stated that the City should find ways to improve the pool of applicants for vacancies. Commons Coordinator Jean Deming stated that she has a limited budget and, so, does not hire many employees during the year. She stated that most of her help comes from the CIVITAS Workstudy program and, that the CIVITAS Workstudy students have been from a diverse group. Ms. Deming stated that she has difficulty finding qualified help due to the low pay and whether the individual has flexibility in their schedule. Ms. Deming's main concern about recruiting people is whether the City offers a comfortable workplace. Ms. Deming stated that she is willing to help in anyway that she can. Youth Development Coordinator Allen Cohen summarized the background of the Youth Bureau's history regarding the employment of individuals from the protected classes. Mr. Cohen stated that the Youth Bureau has a large number of women employed but is not diversed in terms of people of color. Mr. Cohen stated that the Youth Bureau, in conjunction with GIAC, has been encouraging employees, who does the hiring, to look at the way they hire. Youth Development Coordinator Allen stated that the Youth Bureau and GIAC have had workshops that discussed the conscience level of affirmative action. Mr. Cohen stated that the Youth Bureau, as a whole, does better in hiring people from the protected classes for temporary and seasonal positions. Youth Development Coordinator Cohen mentioned problems the Youth Bureau have in hiring candidates and retaining employees in the full-time and part-time permanent positions. He stated that individuals are found who have the experience and skills, but are bad test takers. Mr. Cohen feels the civil service exams are not necessarily related to the job employees are hired for and are poor indicators on whether or not a person can perform the duties of the position and be a good role model for kids. He briefly discussed the new position title Youth Advocate. Youth Development Coordinator Cohen stated that the following is a list of areas or problems that he would like some assistance: Affirmative Action Advisory Committee Meeting March 27, 1996 Page 3 1. Vacancy Review Process 2. Civil Service Preparation Test 3. Raise Salaries for Positions 4. Encourage Employees & Departments to Make Progress in Affirmative Action The Committee thanked Assistant City Attorney Kennedy, Commons Coordinator Deming and Youth Development Coordinator Green for coming to the meeting. FURTHER COMMITTEE DISCUSSION AND WRAP UP AND OTHER BUSINESS Ms. Fort mentioned that she received a letter from Co-Chair Sam Cohen stating that he has resigned as a member of the Affirmative Action Advisory Committee. The Committee discussed the attendance and the vacancies. They would like to know the number of positions and the number of vacancies on the Affirmative Action Advisory Committee. The Committee would like to have sent to them a copy of the membership list. The Committee suggested that each member try to return with the name of an interested person who would like to be a part of this Committee. Ms. Fort stated that Ms. Evans would like to attend the meetings but is unable to because they coincide with her work schedule. Ms. Fort distributed a copy of a letter to the State Civil Service Commission requesting to create a non-competitive entry-level position within the Youth Bureau. The position would be titled "Youth Advocate". Ms. Fort stated that this position would be one way to assistant the Youth Bureau to meet their affirmative action goals and become more diverse to reflect the community that it belongs to and is committed to serve. Ms. Fort stated that she would like the City to give its approval to send the letter to the State. Mayor Cohen stated that he has talked with Personnel Administrator Saul and was told that there is a precedence for this in the Department of Public Works. Mayor Cohen stated that he saw no reason why approval should not be given. Ms. Fort distributed a draft memo addressed to Mayor Cohen regarding the Selection of the Police Chief. Ms. Fort stated that the Affirmative Action Advisory Committee is interested in the selection process of the Police Chief. After reviewing the memo, Mayor Cohen addressed their concerns. Mayor Cohen stated that he will be the one to handle the process and choose the interview committee. He stated, however, that he will get input from different groups, including the Affirmative Action Advisory Committee, the Police Benevolent Association and Common Council. Mayor Cohen was unsure whether the interview committee would be the same group that would provide information on the needs and wishes of the community. Mr. Cohen stated that potential committee members will be given adequate time between the request to be a part of this process and the actual first meeting date. He stated that this committee will be clearly informed about the interview and selection procedure. Mayor Cohen stated that the interview questions will be consistent to evaluate equally and fairly the Police Chief candidates. Mr. Cohen stated that the interview committee will make a recommendation regarding the candidate for Police Chief, but that he will have the final say. Mayor Cohen said he has confidence in Acting Police Chief David Barnes to keep the department functioning, and so, does not have a time frame in selecting a new Police Chief. Mr. Cohen said he wants to talk with people in v. Affirmative Action Advisory Committee Meeting March 27, 1996 Page 4 the community, departments heads and employees within the Police Department about their needs, visions and concerns regarding the Police Department. Mayor Cohen was unsure whether he would hire a consultant to facilitate this process. The Committee thanked Mayor Cohen for attending the meeting and addressing their concerns. With no further business, the meeting was adjourned at 4:40 p.m. CITY OF ITHACA AFFIRMATIVE ACTION ADVISORY COMMITTEE REGULAR MEETING April 24, 1996 Members Present: Marcia Fort, Tom West, Diann Sams, Mark Spadolini, Pat Lengermann, Hugh Hurlbut ( Interim Personnel Administrator) , Denise Malone (Administrative Secretary) Members Excused: Sam Cohen, Brenda Kuhn, Arleathia Evans, Phyllis Radke Others Present: Dominick Cafferillo (Controller) , Julie Holcomb (City Clerk) , Debra Parsons (City Chamberlain) , Steve Thayer (Deputy Controller) , Richard Eckstrom (Building Commissioner) , Brian Wilbur (Fire Chief) , Jim Crowley (President - Ithaca Paid Fire Fighters Assn) , Mayor Cohen Marcia Fort called the meeting to order at 2:35 p.m. APPROVAL OF MINUTES A quorum did not exist at the time, so the minutes were not approved. AFFIRMATIVE ACTION ADVISORY COMMITTEE BUSINESS After introductions, Committee Member Pat Lengermann and Interim Personnel Administrator Hugh Hurlbut gave a brief synopsis of themselves. The Committee welcomed Ms . Lengermann and Mr. Hurlbut to the Affirmative Action Advisory Committee meeting. Ms . Fort explained why the Committee is meeting with each department. She stated that each department is sharing with the Committee their needs, concerns and problems as it relates to affirmative action. Ms . Fort stated that the Committee will summarize this information and give feedback to the department heads and the Mayor. Ms . Fort stated that the results of their findings will show the Committee where to channel its energy. The Committee discussed the makeup of the Affirmative Action Advisory Committee. The Committee would like to see where, in writing, it shows the makeup of this Committee and who does the appointing. The Committee discussed the civil service process as it relates to competitive and non-competitive positions . Mr. Hurlbut stated that whenever a position is created, the Civil Service Commission has to receive approval from the State Civil Service Commission to classify any position in other than the competitive class . The Committee discussed the departmental statistics . They would like to include in the statistics for each department the number of positions in each jurisdictional class and, if any vacancies, the number of vacancies filled with a member from the protected class . Affirmative Action Advisory Committee Meeting - April 24, 1996 Page 2 BUILDING DEPARTMENT AND FINANCE DEPARTMENT Ms . Fort welcomed to the meeting Building Commissioner Richard Eckstrom, Controller Dominick Cafferillo, Deputy Controller Steven Thayer, City Chamberlain Debra Parsons and City Clerk Julie Holcomb. Ms . Fort explained the reason they were there. Building Commissioner Eckstrom mentioned the low turnover rate in his department. He stated that of the last few hires, a number of them were from the protected class . Mr. Eckstrom mentioned his past recruitment efforts . He stated that he has talked to youths in the middle schools about job opportunities in his department and has hired youths from the Youth Employment Service (YES) program for clerical positions . Mr. Eckstrom stated that he will consider hiring youths for technical positions . Mr. Eckstrom stated that he needs assistance in improving his recruitment efforts and in finding minority candidates interested in the building trade. City Chamberlain Debra Parsons mentioned the affirmative action recruitment she has done for vacant positions in her office. She, too, has spoken to classes in the high school regarding the responsibilities of the Chamberlain's Office. Ms . Parsons feels the City should increase their outreach efforts in the community. Ms. Parsons stated that department heads should work together in recruiting. She would like to have centralized recruitment efforts and to have study guides available to exam candidates . City Clerk Julie Holcomb stated that since the Clerk's Office consists of only three (3) employees, there is a low turnover rate. Ms . Holcomb has been out in the schools to inform the youths what her office does . Ms. Holcomb would, also, like to see recruitment efforts centralized. She feels department heads should work together to recruit and to talk in area schools. Ms . Holcomb would like to have a procedure set on whose responsibility it is to recruit affirmatively. The Committee thanked Building Commissioner Richard Eckstrom, Controller Dominick Cafferillo, Deputy Controller Steven Thayer, City Chamberlain Debra Parsons and City Clerk Julie Holcomb for attending the meeting and sharing with them their comments . FURTHER COMMITTEE DISCUSSION AND WRAP UP Ms . Fort stated that the review of the departments is over. She asked that each member review their notes and come prepared to discuss the information at the next meeting. The Committee will summarize and put their findings in writing to the Mayor, department heads and Common Council. Ms . Sams stated that if there are any budgetary impacts, this review should be completed in a timely manner so department heads could include in their 1997 budget request. In a future meeting, the Committee will discuss the Affirmative Action Complaint Procedure, meeting attendance and affirmative action training. Mark Spadolini submitted a letter of resignation to the Affirmative Action Advisory Committee. The Committee discussed the procedure and suggested that the letter should be addressed and given to the Mayor. With no further business, the meeting was adjourned at 5 : 10 p.m. CITY OF ITHACA AFFIRMATIVE ACTION ADVISORY COMMITTEE REGULAR MEETING May 26, 1996 Members Present: Phyllis Radke, Marcia Fort, Tom West, Diann Sams, Pat Lengermann, Hugh Hurlbut (Interim Personnel Administrator) , Denise Malone (Administrative Secretary) Members Absent: Arleathia Evans Others Present: Brian Wilbur (Fire Chief) , David Barnes (Acting Police Chief) Brenda Kuhn called the meeting to order at 2:43 p.m. APPROVAL OF MINUTES A quorum did not exist at the time, so no action was taken. AFFIRMATIVE ACTION ADVISORY SUB-COMMITTEE Acting Police Chief David Barnes distributed a letter to the Affirmative Action Advisory Committee regarding his hiring a Police Officer. Mr. Barnes stated that he followed the procedure by going before the Vacancy Review Committee to request permission to fill the vacant position. Acting Police Chief Barnes stated that he was unaware that he had to return to the Affirmative Action Advisory Sub-Committee to justify his hiring of a candidate who was not of the protected class. Mr. Barnes apologized to the Committee for not following the proper procedure. After discussion, the Committee stated that they will write a letter to the Mayor and Common Council. The letter will express the Committee's displeasure of what they see as a blatant disregard to affirmative action. Diann Sams stated that she will ask Assistant City Attorney Pat Kennedy to review and, possibly re-write, the resolution regarding affirmative action. The Committee discussed, and will distribute, a letter to department heads regarding the procedure to follow when they are considering hiring someone who is not of the protected class. COMMITTEE MEMBERSHIP/FUTURE AGENDA ITEMS The Committee reviewed the Affirmative Action Policy. They discussed changing the Policy to include specific language that will outline the makeup of the Committee. The Committee would like to discuss the following items at their next meeting: Affirmative Action Advisory Sub-Committee Resolution, Committee Membership, Selection of Co-Chairs, Budget for Affirmative Action Training, Annual Report, Summary of Departments. With no further business, the meeting was adjourned at 4:35 p.m. JULIE HOLCOMB Clerk ' s Office CITY OF ITHACA - AFFIRMATI`' ACTION ADVISORY COMMITTEE REGULAR MEETING June 26, 1996 Members Present: Phyllis Radke, Marcia Fort, Tom West, Pat Lengermann, Hugh Hurlbut (Interim Personnel Administrator) , Denise Malone (Administrative Secretary) Members Absent: Diann Sams, Brenda Kuhn, Arleathia Evans Others Present: Ray Wheaton, (Assistant Fire Chief) Marcia Fort called the meeting to order at 2:55 p.m. APPROVAL OF MINUTES Pat Lengermann made a motion to approve the minutes from the March 1996 meeting, the April 1996 meeting, and the May 1996 meeting. Seconded by Phyllis Radke. Motion carried 4-0. RESOLUTION TO STRENGTHEN THE AFFIRMATIVE ACTION HIRING PROCEDURE - DISCUSSION Ms. Fort distributed an amended draft of the Resolution to Strengthen the Affirmative Action Hiring Procedure. Ms. Fort explained that language has been added to clarify all transfers (i.e. lateral, internal, external) . Ms. Fort, also, distributed a draft of the Affirmative Action Advisory Sub- Committee Procedure. The Procedure outlines the steps to be taken by department heads when hiring a person that is not of the protected class. Mr. West asked how the amended Resolution would affect promotions. The Committee discussed the meaning of transfers and how the amendment would affect promotions. The Committee discussed the goal of the Affirmative Action Advisory Committee; which is to increase the number of protected class employees in all levels within City government. The Committee discussed the steps that department heads should take when hiring a person not of the protected class. Mr. Hurlbut suggested that department heads should state, in writing, what efforts were made to recruit for protected class candidates and the reason the department head is not able to hire a member of the protected class. Mr. Hurlbut feels the City departments should work together on recruitment. Ms. Fort asked the members to read the draft and send comments, in writing, to her before the next meeting. With no further business, the meeting was adjourned at 4: 20 p.m. \ : -) ' COMPLAINT PROCEDURE CITY OF ITHACA AFFIRMATIVE ACTION PLAN 1 It is the policy of the City of Ithaca to provide equal employment opportunity to all applicants for City jobs, as well as all City employees. It is the intent t'_:;',c of the City to rovide such opportunities in accordance with Federal, State, and °-,, �u local 1aws .and proscribe) rules, regulations and guidelines promulgated by Federal, �,���, State, and local agencies. It is the City of Ithaca's policy to provide equal employment opportunity in all areas of employment, including but not limited to recruitment, hiring, orienta- tion, training, promotion, and termination. To meet this end, the City has dis- seminated to all department heads a copy of the City's Affirmative Action Plan. i �,.' , — Department heads are encouraged to make every effort tt�o�,���rrrecruit, hire and p,,r�omot� -,"' qualified individuals without regard to race, sex,rett on, haan cape,sexual n o4:0 orientation and/or affectional preference, or veteran status. In addition, the 0 -10%-City's Affirmative Action Officer and Affirmative Action Advisory Committee act in ^tr an advisory capacity to the City's chief executive, legislative body, appointed Gfi officials, and department heads on matters concerning affirmative action and equal employment opportunity. To assist employees and applicants in resolving complaints of alleged employment discrimination, the Affirmative Action Advisory Committee has developed and estab- lished a complaint procedure. Applicants and employees who feel that they may have been discriminated against based on race, sex, age, color, religion, marital status, national origin, political affiliation, physical or mental handicap, veteran status, or sexual orientation/affectional preference, should contact the Personnel Adminis- trator of the City of Ithaca and follow the procedure outlined herein. The City of Ithaca will make every effort to resolve the complaint. The complainant will be advised of the results of the Personnel Administrator's investigation at every stage of the procedure, and will receive, in writing, the findings of the Personnel Adminis- trator following a thorough investigation of the complaint. COMPLAINT PROCEDURE STEP I: If an employee or applicant feels that he or she has been discriminated 1 against in some fashion related to employment opportunities or the terms and conditions of employment, he or she should notify the Personnel Administrator of the City of Ithaca within thirty (30) working days of the alleged discriminatory act, or as soon as he or she could have reasonably known that such alleged discriminatory act had occurred. (NOTE: An applicant for a City of Ithaca position vacanco who feels that he or she has been discriminated against may also file a complaint directly with the Tompkins County Human Rights Commission - 1287 Trumansburg Road - Ithaca, NY 14850). STEP II: The individual alleging employment discrimination should meet with the Personnel Administrator to discuss the details of the alleged discrimi- natory act. After that meeting, the individual should complete the attached complaint form. The completed form will be filed with the Personnel Administrator. A copy of the completed form will be given to the complainant, and a second copy will be filed with the Chairpersons of the Affirmative Action Advisory Committee. PROPOSED COMPLAINT PROCEDURE Page 2 STEP III: The Personnel Administrator will conduct a preliminary investigation of the complaint, including, but not limited to contacting the person's immediate supervisor and department head to discuss the facts of the complaint. If the complaint involves other City kwonnel, the Personnel Administrator will interview those persons cappropfiate Upon completion of this investigation into the facts of the case, the Personnel Administrator will submit a written report of findings to the Chairpersons of the Affirmative Action Advisory Committee,( t{e Mayor, the complainant, and the department head. The report of findings should also contain recommendations for resolving the complaint. The Personnel Administrator should complete the investigation within twenty (20) working days of the formal filing of the complaint. If the investigation is incomplete, a preliminary report must be made within the same timeframe. STEP IV: If the complaint is found to be without basis, the Personnel Administrator will notify the complainant of the findings and direct the complainant to other appropriate agencies, should the complainant wish to pursue the complaint further. If the complaint is found to have basis, the Personnel Administrator will set up a meeting between the parties involved, and make every effort to reach an appropriate resolution to the problem. If the complaint cannot be resolved at this stage, the complainant will be advised, in writing, of his or her right to go to other outside agencies, such as the Tompkins County Human Rights Commission and the United States Equal Employ- ment Opportunity Commissiosto seek remedy. NOTES 1. EVERY EFFORT WILL BE MADE TO KEEP ALL DISCRIMINATION COMPLAINTS, BOTH FORMAL AND INFORMAL, CONFIDENTIAL. 2. EACH COMPLAINANT WILL BE EXTENDED THE FULL COOPERATION AND COURTESY OF THE PERSONNEL ADMINISTRATOR AND APPROPRIATE STAFF. 3. EACH COMPLAINT INVESTIGATION WILL BE THOROUGH, TIMELY, AND UNBIASED. 4. THE PERSONNEL ADMINISTRATOR WILL AVAIL HIMSELF OR HERSELF TO ALL EMPLOYEES AND APPLICANTS FOR THE PURPOSE OF RECEIVING AND DISCUSSING COMPLAINTS OF ALLEGED EMPLOYMENT DISCRIMINATION. 5. ALL REPORTS AND OTHER RECORDS DEVELOPED IN A PARTICULAR CASE IN THIS PROCEDURE SHALL BE KEPT IN A SEPARATE, CONFIDENTIAL FILE IN THE OFFICE OF THE PERSONNEL ADMINISTRATOR. m CITY OF ITHACA AFFIRMATIVE ACTION ADVISORY COMMITTEE COMPLAINT FORM Name of Employee or Applicant: DATE COMPLAINT FILED: Department or Division (If applicable): Date of Occurrence: Name of Immediate Supervisor (If applicable): Type of Alleged Discriminatory Act: (Check Appropriate Box(es) Below) BASED ON: Race National Origin Sex Sexual Orientation Color [J Physical Handicap Age Mental Handicap Religion 0 Political Affiliation 0 Veteran Marital Status Other RELATED TO: Hiring Promotion n Training n Termination f Other f Specify Other: DESCRIBE THE DETAILS/FACTS SURROUNDING THE ALLEGED ACT OF DISCRIMINATION: Signature of Complainant: Date: Received by: Date: COMPLAINT PROCEDURE CITY OF ITHACA AFFIRMATIVE ACTION PLAN It is the policy of the City of Ithaca to provide equal employment opportunity to all applicants for City jobs, as well as all City employees. It is the intent of the City to provide such opportunities in accordance with Federal, State, and local laws and rules, regulations and guidelines promulgated by Federal, State, and local agencies. It is the City of Ithaca's policy to provide equal employment opportunity in all areas of employment, including but not limited to recruitment, hiring, orientation, training, promotion, and termination. To meet this end, the City has disseminated to all department heads a copy of the City's Affirmative Action Plan. Department Heads are encouraged to make every effort to recruit, hire and promote qualified individuals without regard to race, sex, age, color, religion, handicap, marital status, national origin, political affiliation, veteran status, sexual orientation and/or affectional preference. In addition, the City's Affirmative Action Officer and Affirmative Action Advisory Committee act in an advisory capacity to the City's Chief Executive, legislative body, appointed officials, and department heads on matters concerning affirmative action and equal employment opportunity. To assist employees and applicants in resolving complaints of alleged employment discrimination, the Affirmative Action Advisory Committee has developed and established a complaint procedure. Applicants and employees who feel that they may have been discriminated against based on race, sex, age , color, religion, marital status, national origin, political affiliation, physical or mental handicap, veteran status, or sexual orientation and/or affectional preference, should contact the Personnel Administrator of the City of Ithaca and follow the procedure outlined herein. The City of Ithaca will make every effort to resolve the complaint. The complainant will be advised of the results of the Personnel Administrator's investigation at every stage of the procedure, and will receive, in writing, the findings of the Personnel Administrator following a thorough investigation of the complaint. COMPLAINT PROCEDURE STEP I . If an employee or applicant feels that he or she has been discriminated against in some fashion related to employment opportunities or the terms and conditions of employment, he or she should notify the Personnel Administrator of the City of Ithaca within thirty (30) working days of the alleged discriminatory act, or as soon as he or she could have reasonably known that such alleged discriminatory act had occurred. (NOTE: An applicant for a City of Ithaca poisiton vacancy who feels that he or she has been discriminated against may also file a complaint directly with the Tompkins County Human Rights Commission - 1287 Trumansburg Road - Ithaca, New York 14850) . -2- STEP II . The individual alleging employment discrimination should meet with the Personnel Administrator to discuss the details of the alleged discriminatory act. After that meeting, the individual should complete the attached complaint form. The completed form will be filed with the Personnel Administrator. A copy of the completed form will be given to the complainant, and a second copy will be filed with the Chairpersons of the Affimative Action Advisory Commitee. STEP III. The Personnel Administrator will conduct a preliminary inves- tigation of the complaint, including, but not limited to contacting the person's immediate supervisor and department head to discuss the facts of the complaint. If the complaint involves other city personnel, the Personnel Administrator will interview those persons as appropriate. Upon completion of this investigation into the facts of the case, the Personnel Administrator will submit a written report of findings to the Chairpersons of the Affirmative Action Advisory Committee, the Mayor, the complainant, and the department head. The report of findings should also contain recommendations for resolving the complaint. The Personnel Administrator should complete the investigation within twenty (20) working days of the formal filing of the complaint. If the investigation is incomplete, a preliminary report must be made within the same timeframe. STEP IV. If the complaint is found to be without basis, the Personnel Administrator will notify the complainant of the findings and direct the complainant to other appropriate agencies, should the complainant wish to pursue the complaint further. If the complaint is found to have basis, the Personnel Administrator will set up a meeting between the parties involved, and make every effort to reach an appropriate resolution to the problem. If the complaint cannot be resolved at this stage, the complainant will be advised, in writing, of his or her right to go to other outside agencies, such as the Tompkins County Human Rights Commission and the United States Equal Employment Opportunity Commission to seek remedy. NOTES 1 . EVERY EFFORT WILL BE MADE TO KEEP ALL DISCRIMINATION COMPLAINTS, BOTH FORMAL AND INFORMAL, CONFIDENTIAL. 2. EACH COMPLAINANT WILL BE EXTENDED THE FULL COOPERATION AND COURTESY OF THE PERSONNEL ADMINISTRATOR AND APPROPRIATE STAFF. 3. EACH COMPLAINT INVESTIGATION WILL BE THOROUGH, TIMELY AND UNBIASED. 4. THE PERSONNEL ADMINISTRATOR WILL AVAIL HIMSELF OR HERSELF TO ALL EMPLOYEES AND APPLICANTS FOR THE PURPOSE OF RECEIVING AND DISCUSSING COMPLAINTS OR ALLEGED EMPLOYMENT DISCRIMINATION. 5. ALL REPORTS AND OTHER RECORDS DEVELOPED IN A PARTICULAR CASE IN THIS PROCEDURE SHALL BE KEPT IN A SEPARATE, CONFIDENTIAL FILE IN THE OFFICE OF THE PERSONNEL ADMINISTRATOR. ISSUES REGARDING THE PROPOSED RESOLUTION TO STRENGTHEN THE AFFIRMATIVE ACTION HIRING PROCEDURE GOALS: - To strengthen the City's Affirmative Action Program by integrating a subcommittee whose sole priority is affirmative action into the hiring process. - To diversify the group making affirmative action hiring decisions so that members of protected classes are included on the decision-making committee. RESPONSES TO OBJECTIONS RAISED: 1. The resolution adds an additional step to the hiring process. Response: the resolution does not add any new steps; it replaces an existing step. Currently, departments are required to report back to the Vacancy Review Committee when selecting a non-minority male over an affirmative action candidate. Under the proposed resolution, the department head would report to the Affirmative Action Advisory Subcommittee instead of the Vacancy Review Committee. 2. The subcommittee includes private citizens who should not have the authority to make City hiring decisions. Response: there are and always have been committees comprised of private citizens that have the authority to make City hiring decisions. The most notable is the Civil Service Commission which has substantial control over all City personnel actions, and which consists exclusively of private citizens. Common Council has the authority to delegate its hiring authorities to committees and in the past has chosen to delegate these authorities to the Board of Public Works and the Board of .Fire Commissioners among others. 3. The Affirmative Action Advisory Committee includes City_ employees who could usurp their department head's authority if this resolution is passed. Response: The subcommittee will consist of the Mayor, the Common Council liaison to the Affirmative Action Advisory Committee and a rotating member of the Affirmative Action Advisory Committee. The members will be rotated so that no employee has decision-making authority with respect to the employee's own department or any other department in which the employee may have a direct interest. Resolution to Strengthen Affirmative Action Page 2 4. Department heads cannot discuss confidential issues with the Affirmative Action Advisory Subcommittee in the same manner they can with the Vacancy Review Committee. Response: the Affirmative Action Advisory Subcommittee will take the same oath of confidentiality as all other City committees. The goal of the new committee is simply to add a committee that advocates strongly for affirmative action. Advocacy for affirmative action does not compromise confidentiality in any way. 5. The Affirmative Action Advisory Subcommittee will "block" City_ Hiring. Response: the Subcommittee is not being created to stop City hiring. It's veto power is only intended to be used when a department head cannot clearly articulate relevant and legitimate reasons for selecting a non-minority male over a qualified affirmative action candidate. 6. The Affirmative Action Advisory Committee should focus on recruitment instead of becoming involved in the hiring process. Response: The Affirmative Action Advisory Committee has historically been involved in the recruitment process . Yet, despite extensive outreach recruitment efforts in the past, the City's hiring practices with respect to affirmative action have not shown substantial improvement. The City's application statistics traditionally show greater percentages of qualified affirmiye action candidates than are actually hired. RESOLUTION TO STRENGTHEN AFFIRMATIVE ACTION HIRING PROCEDURE WHEREAS, the employment of members of protected classes in the City workforce continues to fall below the local labor force percentages, and WHEREAS, the deployment of members of protected classes in the City workforce continues to reflect an underutilization in positions categorized as Officials and Administrators, Professionals, Technicians, the Protective Service, and Skilled Craft, and WHEREAS, the current City policy supporting the transfer of external candidates into the City workforce in lieu of filling positions through competitive examination can impede the City's ability to move down a civil service list and reach affirmative action candidates, and WHEREAS, the Affirmative Action Advisory Committee believes the City Affirmative Action Program must be strengthened to correct these disparities, and WHEREAS, there will be established an Affirmative Action Advisory Subcommittee which shall not take the place of the Vacancy Review Committee, and WHEREAS, the Affirmative Action Advisory Subcommittee shall consist of the Mayor, the Common Council Liaison to the Affirmative Action Advisory Committee, and one rotating member of the Affirmative Action Advisory Committee, NOW THEREFORE BE IT RESOLVED, that whenever a department head has a choice of job candidates that includes members of one or more protected class, the department head shall not be permitted to hire a candidate who is not a member of a protected class unless the department head has first received approval to do so from the Affirmative Action Advisory Subcommittee, and be it further RESOLVED, that whenever a department head is contemplating filling a position through the transfer of an external candidate in lieu of through a civil service list, the department head shall not be permitted to hire the transfer candidate unless the department head has first received approval to do so from the Affirmative Action Advisory Subcommittee. \1-0;prim • CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF TELEPHONE: (607)274.6504 CITY ATTORNEY FAX: (607)272-73-5 MEMORANDUM. TO: Affirmative Action Committee Hugh Hurlbut, Interim Personnel Administrator FROM: Patricia M. Kennedy, Assistant City Attorney lc� DATE: July 22, 1996 RE: Affirmative Action Programs after City of Richmond v. Croson (1989) and Adarand Constructors v. Pena (1995) I have been meeting with Diann Sams to see what I can do to help her implement the Affirmative Action Committee' s proposals regarding hiring of City employees. During our last two meetings, I have been discussing the Adarand and Croson cases with Diann and I furnished her with a copy of the Adarand case, as well as a recent law review article which describes the case, the history of affirmative action cases over the last ten years and the law review author' s view of the likely impact of Adarand and Croson on affirmative action programs . In short, these recent cases outline the US supreme court' s current view that any type of racial preference, regardless of the race being preferred, must meet a strict scrutiny standard and serve a compelling government interest.' Any race-based preferential 1 I have not had the time to determine whether these standards apply equally to preferential hiring programs for any of the other protected classes, but that is most likely the case. F:\ATTORNEY\PAT\AFFIRMAC.MEM 1 Cot An Equal Opportunity Employer with an Alternative Action Program" C✓ Recycled Pare' hiring program must be narrowly tailored to remedy clearly articulated objectives . All racial preference programs, whether imposed by local, state or federal agencies, must be reviewed under these strict standards . Last week I spent several hours on the Internet looking for materials that might help the Committee and Council understand how to apply these standards to the City of Ithaca' s proposed affirmative action hiring plans. Attached to this memo are several of the items which I found. They include: a statement from Bill Clinton from June of 1995, an article from the Detroit News from June of 1995 and a memorandum from June of 1995 from the Justice Department' s Office of Legal Counsel giving an explanation of the impact of the cases and some direction for insuring that any affirmative action programs which are established or continued satisfy the standards . From the Justice department memo, as well as from my own reading of Adarand and Croson, I suggest that any preferential hiring practice adopted by the City of Ithaca will have to include at least the following elements : 1 . A CLEAR STATEMENT OF THE BASIS FOR PREFERENCE: If any preference is based on classifications by race or ethnicity, the ordinance, resolution, procedure or local law authorizing the classification or preferential treatment must clearly state why Common Council is classifying individuals on the basis of race or ethnicity. The reason must be one of compelling importance . 2 . A CLEAR CONNECTION BETWEEN THE IDENTIFIED OBJECTIVE AND THE PREFERENTIAL PRACTICE . The ordinance, law, resolution or procedure must also state how the proposed procedure will meet the identified objective through the use of racial or ethnic classification. 3. REMEDIAL MOTIVATION. Remedying the identified effects of past discrimination may constitute a compelling interest that can support the use of a racial or ethnic classification by the City of Ithaca, if the City is seeking to remedy the effects of its own discrimination or if the City is seeking to remedy the effects of discrimination committed by private actors within the City of Ithaca where the City was a "passive participant" in that conduct and helped to perpetuate a system of exclusion. In either case, the remedy may be aimed at ongoing patterns or practices of exclusion or at the lingering effects of prior discriminatory conduct that has now ceased. F:\ATTORNEY\PAT\AFFIRMAC.MEM 2 4 . PRECISE IDENTIFICATION OF DISCRIMINATION: If the remedial objective is one of the two categories described above, then the City must identify with precision the discrimination which it seeks to remedy. The supreme court has said that the fact and legacy of general, historical societal discrimination is not a sufficient predicate for a racially preferential program. Although the court • recognized that there had no doubt been a sorry history of both private and public discrimination in the United States and that this discrimination contributed to a lack of opportunities on the basis of race, the court, nevertheless said that history, standing alone, could not justify a rigid racial quota. Vague claims of discrimination in certain sectors and industries were not seen as adequate justification for racial discrimination in hiring. 5. PROVING PARTICULARIZED DISCRIMINATION. Although statistics can be used to demonstrate that discrimination has occurred or is occurring, the statistics must be particularized. The mere under- representation of minorities in a particular sector or industry, when compared against general population statistics, is not a sufficient basis for preferential programs . Statistical disparities between the level of minority participation in a particular field and the percentage of qualified minorities in the applicable pool, however, could permit an inference of discrimination that would support the use of racial and ethnic classifications intended to correct those disparities . The court has said that when special qualifications are required to fill particular jobs, comparisons to the general population, rather than to the smaller group of individuals who possess the necessary qualifications for the position, will be considered of little value in establishing the particularized showing necessary.' As an example of how strong the evidence of particularized discrimination should be, we need to take a look at what happened in the Croson case. The affirmative action program challenged in Croson required that at least 30% of all city construction contracts be awarded to minority owned businesses or where a non- minority contractor was awarded a city contract, 30% of the total 2 Diann asked me to look at the statistics which were presented to the Committee based on December 31, 1995 city employment information. I am not a statistician, but the comparisons appeared to based on general Tompkins county workforce statistics with no information about the number of minorities or protected class individuals who possessed the minimum qualifications necessary for the positions being evaluated. Certainly, for some positions, with low minimum qualifications that would seem to be an appropriate approach. Where a college degree, particular license or previous job experience was a minimum qualification for the job, it is clear that the statistics should be based on the numbers of individuals with those qualifications. Perhaps, the census data could help us here. We should get some expert statistical help to collect and compare the appropriate data. F:\ATTORNEY\PAT\AFFIRMAC.MEM 3 contract award was to be subcontracted to a minority owned business. In developing this affirmative action program, the city of Richmond had relied on a small amount of testimonial evidence of discrimination, supplemented by statistical evidence regarding the disparity between the number of prime contracts awarded by the city to minorities during the years 1978 to 1983 and statistics showing the low number of minority-owned businesses that were members of local construction associations . The statistics showed that Richmond, which had a minority population of 50%, awarded less than 1% of all prime contracts to minorities. Based on this evidence, the City of Richmond determined that at least 30% of all contracts should go to minority owned contractors or subcontractors . The supreme court found that this statistical evidence was not sufficient to support Richmond' s preferential program. The court said that the proper basis for comparison would have been between the number of qualified minority owned construction firms in the local market and the number of city contracts awarded to minority- owned construction firms .3 6. WHO SHOULD HEAR THE EVIDENCE AND WHEN. Although there is apparently some controversy about when a government must have the evidence of discrimination in hand, the facts in these cases suggest that some type of public hearing before a legislative body is the appropriate forum for making findings regarding discriminatory conduct and determining what is an appropriately tailored program. The supreme court itself has said that a government must identify past discrimination with some specificity before it chooses to use race conscience relief. The lower courts, however, have allowed governments to submit post-enactment evidence to justify the program, generally during the litigation challenging the affirmative action program, so long as the evidence introduced reflects evidence that would have been available to provide support for the remedial action at the time of the adoption of the program. 7 . NON-REMEDIAL OBJECTIVES.' If the reason for adopting an affirmative action hiring policy is not remedying discrimination, and the program is, instead, intended to further some other governmental objective, [for example, the promotion of racial 3 The question of whether the City could introduce statistical evidence showing that the pool of qualified minorities would have been larger, but for the discrimination that is to be remedied might be considered as part of a testimonial support for an affirmative action program. Apparently the court in the Croson case rejected the testimonial and anecdotal evidence of discrimination that was provided at the public hearing as insufficient. Several cases after Croson, however, have said that anecdotal evidence at a public hearing can be used to "buttress statistical proof" of discrimination. 4 It is not clear since Croson and Adarand whether a non-remedial basis would be acceptable for an affirmative action program. In Croson, Justice O'Connor stated that affirmative action must be strictly reserved for the remedial setting. F:\ATTORNEY\PAT\AFFIRMAC.MEM 4 diversity and inclusion] , affirmative action might still be able to be used to serve such a non-remedial end. The Bakke case, decided in 1978, was based on a non-remedial objective. A University of California Law School said that its reason for having a minority set aside program for law school entry was that a university had a compelling interest in insuring racial diversity amongst the student body. In Bakke, the supreme court agreed that there was a compelling reason to take race into consideration, but rejected the idea that race could serve as the basis for a specific number or percentage of "set aside" positions . Another example of a non-remedial justification for an affirmative action program came in the case of Metro Broadcasting. In Metro, which was decided before Croson and Adarand, the supreme court upheld an affirmative action program which provided licenses to minority broadcasters on non-remedial grounds. The basis given for the affirmative action broadcasting license program was exposing the nation to a greater diversity of perspective over the radio and TV airways . If affirmative action is going to be used for the non-remedial purpose of fostering racial and ethnic diversity, the cases suggest that the government is going to have to seek some further objective, beyond the mere achievement of diversity itself. One such example would be diversification in the ranks of a law enforcement agency. Diversification in such a law enforcement ` agency would most probably be seen as enhancing the agency' s ability to carry out its function effectively. In the Wygant case, Judge Stevens, (who dissented) , gave as an example that a city with a history of racial unrest might reasonably conclude that an integrated police force could develop a better relationship with the community and thereby do a more effective job o-f maintaining law and order than a force composed only of white officers . 8. NARROW TAILORING. If the City is going to use race as a factor • in hiring, the City must show that it considered race-neutral alternatives before resorting to race-conscience action, that it chose the most narrow race-conscience hiring program that it could, and that the selected program or procedure contained some kind of "waiver" mechanism that would further narrow the program' s scope. For example, if race is to be a factor in determining job eligibility, that is merely one factor. Any use of numerical targets which is derived from a comparison of the number of qualified minorities in the relevant sector or industry, cannot be of unlimited duration. The city must review the degree and type of burden which is likely to be imposed by the adoption of the race conscience program on those who are "innocent victims . " F:\ATTORNEY\PAT\AFFIRMAC.MEM 5 These criteria for any race conscience program are discussed at some length in the attached memo from the Justice Department Counsel on pages 10 through 14 so I will not repeat them here. I will not be able to attend the July 24th meeting of the Affirmative Action Committee, because I will be in Buffalo • attending a drug forfeiture seminar. I will also not be in Ithaca on August 21st, which is most likely your next meeting. If you would like to wait until September or hold a special meeting at some point in August, I can be available to discuss the materials I am sending to you and assist in any stratigizing and planning which you would like. PMK/cw cc: Alan J. Cohen, Mayor, w/attachments Common Council Members5 All Department Heads 5 Council Members and Department Heads: If you would like to see the attachments, you can stop by our office to review them or have a copy made. I am not attaching a copy to this memo at this time, in order to give the Affirmative Action Committee time to work with the information and make proposals to Council. F:\ATTORNEY\PAT\AFFIRMAC.MEM 6 CITY OF ITHACA AFFIRMATIVE ACTION ADVISORY COMMITTEE REGULAR -MEETING July 24, 1996 Members Present: Phyllis Radke, Marcia Fort, Tom West, Diann Sams, Hugh Hurlbut (Interim Personnel Administrator) , Denise Malone (Administrative Secretary) Members Absent: Brenda Kuhn, Arleathia Evans Others Present: Brian Wilbur (Fire Chief) Marcia Fort called the meeting to order at 2:50 p.m. APPROVAL OF MINUTES Tom West made a motion to approve the minutes from the June 1996 meeting. Seconded by Phyllis Radke. Diann Sams Abstained. Motion carried 3-0. AFFIRMATIVE ACTION PROGRAM The Committee discussed ways to improve the City of Ithaca's Affirmative Action Program. The Committee would like to hire a person who would be responsible for the administrative aspects of affirmative action. This person would communicate with other agencies regarding affirmative action, go to job fairs at universities/colleges and keep track of the underrepresented class of each department and recruit accordingly. Ms. Radke suggested that this person be a member of the protected class. Ms. Sams mentioned that she has talked with Assistant City Attorney Pat Kennedy regarding ways to improve the affirmative action program. Ms. Sams has invited Ms. Kennedy to the September 1996 meeting to review the affirmative action program. Ms. Fort stated that she would like Debra Manning, Ithaca City School District's affirmative action representative, to attend a future meeting to explain the school district's affirmative action program. SUMMARY OF DEPARTMENTS The Committee scheduled a meeting for August 6, 1996 to summarize their review of departments. The results of this meeting will be discussed at their regular meeting on Wednesday - August 28, 1996. SELECTION OF CO-CHAIR Phyllis Radke volunteered to be Co-chair with Marcia Fort. 1997 BUDGET PROCESS The Committee discussed the affirmative action budget and the feasibility of it being separate from Personnel. The Committee would like money set aside for affirmative action training for supervisors and department heads. RESIGNATION OF MARK SPADOLINI Ms. Fort stated that Mark Spadolini has resigned from this Committee. With no further business, the meeting was adjourned at 4:20 p.m. CITY OF ITHACA AFFIRMATIVE ACTION ADVISORY COMMITTEE REGULAR MEETING August 28 , 1996 embers Present: Phyllis Radke, Marcia Fort, Tom West, Hugh Hurlbut (Interim Personnel Administrator) , Denise Malone (Administrative Secretary) Members Excused: Diann Sams, Pat Lengermann Others Present: Brian Wilbur (Fire Chief) Marcia Fort called the meeting to order at 2:50 p.m. APPROVAL OF MINUTES A quorum did not exist at the time, so no action was taken. AFFIRMATIVE ACTION ADVISORY SUB-COMMITTEE RESOLUTION Ms. Fort read a letter from Alderperson Shenk regarding the resolution. Ms. Shenk is suggesting some changes be made and asked that the Committee review them. Mr. Hurlbut stated that the changes would clarify ambiguous language. AFFIRMATIVE ACTION TRAINING The Committee discussed affirmative action training. Ms. Fort stated that she will look into the cost for affirmative action training. Ms. Fort will bring her findings to the next meeting. Ms. Fort will get some suggestions from the school district's affirmative action officer. Fire Chief Wilbur suggested a percentage of departmental staff development be designed specifically for affirmative action training. SUMMARY OF DEPARTMENTS The Committee discussed the summary. Interim Personnel Administrator Hugh Hurlbut was not able to comment due to the fact that he had just received his copy. Mr. Hurlbut will review the summary and put his comments in writing or make them at the October meeting. COMMITTEE MEMBERSHIP Ms. Fort stated that Brenda Kuhn and Arleathia Evans have resigned as members of the Affirmative Action Advisory Committee. The Committee discussed the current vacancies. Ms. Fort stated that she will contact the Mayor regarding them. With no further business, the meeting was adjourned at 4: 10 p.m. CITY OF ITHACA AFFIRMATIVE ACTION ADVISORY COMMITTEE REGULAR MEETING September 25, 1996 Members Present: Phyllis Radke, Marcia Fort, Pat Lengermann, Diann Sams, Denise Malone (Administrative Secretary) Members Excused: Tom West, Hugh Hurlbut (Interim Personnel Administrator) Others Present: Brian Wilbur (Fire Chief) , Mayor Alan J. Cohen Marcia Fort called the meeting to order at 2:45 p.m. APPROVAL OF MINUTES Phyllis Radke made a motion to approve the minutes from the July 1996 and August 1996 meetings. Seconded by Diann Sams. Motion carried 4-0. BAND SCORING Mayor Cohen stated that New York State Department of Civil Service will change the way exams are scored to band scoring. He is unsure whether this will affect the Police Officer exam to be given in December 1996. Mayor Cohen will check to see how this change will affect a City list. MEMBERSHIP Mayor Cohen asked the Committee to forward names of individuals who would be interested in being a member of the Affirmative Action Advisory Committee. AFFIRMATIVE ACTION TRAINING The Committee discussed affirmative action training and whether departments could use their staff development line to pay for the cost. Diann Sams suggested asking Controller Dominick Cafferillo and Mayor Cohen to set aside money for training in the 1997 budget. The Committee discussed contacting Don Barr to find out about the kinds of affirmative action training and what it would cost. The Committee asked Administrative Secretary Denise Malone to contact Don Barr and give the information to Ms. Radke. Ms. Radke will write a letter to the Mayor regarding the amount of money needed and will invite Don Barr to the next Affirmative Action Advisory Committee meeting. The Committee suggested that department heads, union presidents, and first- line supervisors be trained in affirmative action. The Committee discussed whether affirmative action training should be included in the orientation session for new employees. Diann Sams stated that she will add the Affirmative Action Advisory Committee to the November agenda for Community Issues. Affirmative Action Advisory Committee Meeting September 25, 1996 Page 2 OTHER BUSINESS The Committee will invite Assistant City Attorney Pat Kennedy to the December meeting to discuss legal matters concerning the Affirmative Action Advisory Committee. Phyllis Radke will write a cover letter to go with the summary of the departments. The letter will be sent to the Mayor, department heads and Common Council. With no further business, the meeting was adjourned at 4:18 p.m. JULIE HOLCOMB • Clerk ' s Office October 16, 1996 Dear Mayor and Council Members: Over the last year, the Affirmative Action Committee has discussed ways to improve the City of Ithaca's Affirmative Action Program. Meetings and discussions held with each department revealed many problems that each department faces in trying to implement affirmative action hiring goals and practices. Enclosed is a synopsis of these meetings. Our analysis of this investigation leads the Committee to conclude that the City needs a full-time administrator in the personnel department to develop a diversification program. During this investigative process, what became clear to the Committee is the fact that neither the department heads nor the Affirmative Action Committee can shoulder the responsibility for designing an effective diversification program. Beyond desiring one, neither City staff nor Committee members have the time, nor expertise to develop such a Program. What became evident during the meetings was that a diversification program goes well beyond hiring practices. Retention of protected class members, sensitivity training,job recruitment, preparing candidates for civil service tests, and implementing consistent hiring practices within the City are all essential components for a successful program. The Committee applauds the City's current effort of providing sensitivity training for the police department and encourages that such training be made available to all City employees. Even though sensitivity training is important, necessary follow-up training needs to become a consistent practice within the City or the desired results will not be achieved. Regardless, racial tension in the community and under representation and utilization of protected class workers will not be resolved by sensitivity training alone. The Committee recognizes that the City may cut programs this year.However, as the City's fourth largest employer, diversification is a key component to both economic development and drug and crime prevention. The City must make an effort to implement a diversification program that goes beyond spending money for training in times of crisis. If the goal is to diversify the City work force, the City must make a commitment to the task and provide for a structured program developed and conducted by a trained administrator. As it stands now, without an instituted program, diversification of the work force will not happen. Thank you for recognizing the importance of the Committee's work. The Affirmative Action Committee believes by funding a program administrator, diversification of the City's work force can be a reality instead of an ideal. Sincerely, The Affirmative Action Committee Co-Chair, Marcia Fort Co-Chair, Phyllis Radke The City of Ithaca's Affirmative Action Policy: A Summary of the Problems and the Solutions • Report of the Affirmative Action Advisory Committee August, 1996 • The City of Ithaca's Affirmative Action Policy: A Summary of the • Problems and the Solutions (August, 1996) The Affirmative Action Advisory Committee held meetings throughout the year with each of the City department heads. The meetings focused on the problems that each of the respective agencies have had trying to implement affirmative action hiring practices. Possible solutions, or "tools," to address these barriers were also explored. A summary of these issues along with recommendations from the Affirmative Action Advisory Committee follows. Building Department • The Building Department appears to be the second most diverse office after the Youth Bureau. Six of the thirteen full-time employees are women. r However, three of • those women are in the lower salary bracket of administrative support. Tho Building Department has only one minority employee. 2 One of the problems that the Building Department.faces in hiring more women and minorities is due to the specialized nature of the department's work which limits their pool of applicants. Additionally, the low salary for City employees is unattractive to highly- skilled minorities and women who are heavily-courted by many employers with better pay incentives. The office also voiced their confusion over hiring guidelines, specifically residency requirements: over the years, residency requirements have been inconsistent in that some jobs require that an employee live in the City while others allow for people who reside in contiguous counties. An additional barrier to hiring more people from protected classes ' stems from the fact that there have been reductions in the number of City job openings and it is becoming increasingly difficult to maintain current positions. The Building Department did cite one tool to open up job opportunities for members of protected classes: they have created an entry level code enforcement position to encourage more women and minority applicants. AU of the statistics used in this summary are from City of Ithaca Employment Data, 12/31/95. 2 The manner in which the City reports its number of women and minority employees is problematic because the City will count the same person in both categories if applicable. In other words, the City gets "double credit" when it hires a minority woman because she is counted in both the"women"and"minority" categories. Because of this practice, the statistics in this report are probably more favorable to the City than is actually warranted. 3 For the purposes of this report, the term"protected classes"will refer to women, in positions where they are underrepresented, people with disabilities, and racial/ethnic minorities. 1 Recommendation: The Affirmative Action Advisory Committee arrived at one recommendation for the City based on what the Building Department related to them: allow job searches to be expanded throughout the state to attract women and minorities who hold similar positions in larger cities. The City Attorney's Office, City Prosecutor's Office, and Commons Coordinator's Office Each of these departments is very small. All of their employees are women and there is no turn-over. These offices have used hiring summer students and seasonal employees from protected classes as a means of diversifying their offices. Recommendations: The Affirmative Action Advisory Committee recommends tracking former summer students to see if the City re-hires any of them upon graduation. The Committee also encourages departments to use the Youth Employment Services (YES) to find young people who are looking for employment. Department of Public Works Of the 181 employees in the Department of Public Works, there are only twenty- five women and seven minorities. Nineteen of the twenty-five women are in the lower salary brackets of administrative support and service and maintenance. Of the seven. minorities, one is a technician, three are in service and maintenance and the remaining job categories are not specified in the Employment Data. The DPW cited several reasons for the low number of employees from protected classes. They first stated that the candidate pool for technical positions is small. That fact coupled with the more lucrative offers from other places of employment makes attracting minorities and women very difficult. Additionally, the department has lost 26 positions in the past five years. Superintendent Gray mentioned that he would appreciate assistance in the following areas: 1 . Allowing more flexibility in the civil service hiring process 2. Creating better opportunities to hire 3. Ensuring a better cross-section of applicants 4. Encouraging the community to learn specific skills This is an instance in which the three remaining minority employees have already been accounted for in the "women"statistics for reasons described previously. 2 5. Reviewing the City's hiring procedure 6. Finding ways to retain current qualified employees 7. Encouraging current employees to improve their work skills. 5 Two tools that the DPW uses to diversify the workplace are: (1) hiring summer employees from protected classes and (2) using other people in City government and in the general public as resources to find qualified women and minority applicants. Recommendations: After discussing the situation at the Department of Public Works, the Committee arrived at the following recommendations. First, it is essential to have a long- term plan in place for allocating and cutting positions in the future. Perhaps the Department would have cut different positions if they had known they would have to do with twenty- six fewer staffers over the next five years. Secondly, there needs to be training for front- line employees to be more sensitive to their co-workers. Coupled with this recommendation is the need for some progressive discipline and rewards for employees based on their behavior. 6 Finally, the Committee recommends the creation of an affirmative action officer who can get out into the community, hold job fairs, coordinate between the schools and the county, and can centralize and disseminate information about and to potential employees from protected classes. Department of Finance The Controller did not speak during the Affirmative Action Advisory Committee meeting he attended. The problems in the Department were enumerated by the Affirmative Action Advisory Committee. First, with only two minority employees, the Committee has learned that the office is very homogenous physically. Second, the job descriptions are unclear, which has led to difficulties in affirmative action hiring. Third, there was at least one instance of racist comments from an employee to her co-worker. Last, the Personnel, City Clerk, and City Chamberlain offices were put under the control of the Finance Department. If they had been left autonomous, all three departments would have been headed by women. By demoting them, the City sends a very negative message to the public and to the other departments. s From Affirmative Action Advisory Committee Meeting Notes, 2/28/96. 6 This recommendation was inspired by the complaint of one of the women in the department over some posters she felt were sexist being displayed in the office. It should be noted that some of the events included in this report, such as this one, were never documented but are common knowledge among employees. 3 Recommendations: The Affirmative Action Advisory Committee recommends that there. be training, disciplinary action, and follow-up to prevent, if possible, and punish, if necessary, racist or sexist behavior from employees. The Committee also recommends that the Personnel Department be reinstated as a separate and autonomous department from Finance. The Committee sees an inherent conflict of interest between the Finance and Personnel departments. Mayor's Office Recommendations: The Committee recommends that, in the future, the Mayor's Office conduct open recruiting when trying to fill a position in order to set an example for the other departments. Planning Department Four of the top five positions in the planning department are filled by white men and the remainder is occupied by a white woman. When professional people leave, often due to their low salary,they are not replaced. This practice makes it difficult to hire minority or women candidates. In addition, there are inequities in salaries based on a somewhat confused notion that the City has about the value attributed to "experience". The Affirmative Action Advisory Committee is aware of at least one recent instance when a man was hired for a position equivalent to one which two women were holding, but for which he was offered a pay rate significantly higher than his female counterparts. The reason given was that he had gained "experience" in the private sector and therefore deserved the higher salary. However, both women had at least the same, if not more, experience from their work for the City as the newly-hired man. For some reason, the women's experience working for the City neither justified a raise for them nor an equivalent starting salary for the man. Recommendation: The instance described above raises the question of whether there are other hiring or salary practices that the Committee does not know about. An effort needs to be made to investigate pay (in)equities in City jobs. Police and Fire Department Seventeen of the twenty-two women in the police department are in the lowest salary brackets of administrative support and service and maintenance. There are also very few minorities in the police department--five out of one hundred--and very little opportunity for those few minorities to rise in rank. There is a lot of racial tension in the office. Many 4 of the problems in recruiting diverse members into the police department, according to the acting Chief, stem from the civil service test and pursuant civil service list. For instance, it is unclear if and when it is permissible to hire outside of the civil service list. Additionally, what is the City's procedure to contact someone on the list for a possible opening? What is the procedure if they cannot locate the potential employee or if there is no response'? Is a special attempt made to locate minority applicants? Fire Chief Wilbur has demonstrated a genuine interest and desire to further his affirmative action goals by attending Affirmative Action Advisory Committee meetings, getting out into the community, and expressing his desire for an affirmative action officer. He also cited the civil service test and list as a barrier to achieving his affirmative action goals. He said that many people who take the test for openings at the fire department have advanced degrees which makes getting a position there very competitive. • The police department will be holding sensitivity training to help alleviate some of the racial tension in the office and in the community. Chief Wilbur has expressed a desire to utilize the same tool in his office. Recommendations: The Affirmative Action Advisory Committee has several recommendations based on what it learned from the Police and Fire Departments. First, the procedures for hiring from the civil service list must be clearly delineated. Secondly, and specifically, the Committee and the public should be involved in hiring the new police chief to ensure that the position will be filled by someone with a genuine interest in, and plan for, diversifying the office. Third, the Committee recommends that it be made clear in the future that, if someone is hired to fill a position temporarily, they are not hired permanently de facto. In other words, the Committee does not accept someone being hired temporarily who then is given the post simply because the City does not wish to invest some time and money in training someone else to fill the opening permanently. If the City is truly committed to affirmative action, they must be willing to put money up-front for training with the promise that it will pay off in the long-run. Finally, the Committee recommends that there be a reallocation of resources within departments so that lack of resources cannot be used as a reason to hire the first person available to fill a vacancy. The Committee arrived at this final recommendation because of an instance that occurred in the police department: When a position opened in the department, they hired the first person they could get, from a lateral transfer, because they needed to get more officers on the street as soon as possible and the transfer would not need extensive training. However, at the same time, the department was using officers as dispatchers rather than using the non-officers the department had at their disposal for the 5 dispatching job. The result was that there were officers sitting in the station who could have been out on the street. If the officers were used efficiently, there would have been less of an urgency to hire the first person they could get and an effort could have been made to hire and train a minority candidate. Youth Bureau The Youth Bureau is statistically the most diverse City agency in terms of the number of minorities and especially the number of women it employs. Over the years, the number of people from protected classes has increased. Diversity has become a higher priority than it was in previous times, even though the Bureau often falls back on standard recruiting procedures which are antithetical to achieving greater diversity. If the employees at GIAC, whose population is about 80-85 percent people of color, were taken out of the statistics, however, the Youth Bureau would look much like many of the other departments in terms of its minority employee statistics. There is only one person of color in a position of authority at the Youth Bureau: the director of GIAC. This position has historically been held by a minority. Many people of color leave the other departments at the Youth Bureau to come to GIAC. There are several reasons for the large number of minority employees at GIAC including the following: the commitment by its director to encourage diversity; the large number of community programs it hosts which ensures contact between the center and adults looking for work-, the friendly atmosphere at GIAC which makes asking about job openings a more comfortable experience than it might be elsewhere. The Youth Bureau faces several obstacles in trying to increase the number of permanent minority employees. The first is the civil service test. The procedure to take, and then pass, the test is such a long one that many people can only be hired provisionally. The good thing about being hired provisionally is that applicants do not have to wait for several months to start working, but the downside is if they do not score in the top three on the test, they are forced to leave the job that they have been doing for several months. Second, there are no programs or policies in place to ensure minority employee retention. Third, because they consider themselves a progressive human service organization, the Youth Bureau sometimes has difficulty recognizing that they need to work on issues of minority recruitment and retention. An additional problem is that many of the minority employees the Youth Bureau has are concentrated in lower-paying positions. In one instance, a person of color: the Assistant Director of GIAC is actually in a higher position than another group of employees: the Program Coordinators, but still gets paid less than some of them. 6 • GIAC, because of its unique demographics, faces some unique issues and problems of its own. The employees at GIAC often feel segregated from the rest of the Youth Bureau. There is an impression that they are only part of the Youth Bureau when it is to the latter's benefit. Many people at GIAC feel that this is based on racial discrimination. The IYB has used several different types of tools to help encourage and promote diversity. First, the Bureau has run two different sensitivity trainings in the past to help educate people in the department. The first training, in 1987, focused on the broad issue of diversity. The second, a couple of years later, focused more on organizational issues as they relate to diversity: hiring, training and retaining minority employees. Immediately following the trainings there was a great deal of excitement and interest in mobilizing to diversify, but it soon diminished as people got overwhelmed by their respective workloads. • Another tool has been the use of part-time seasonal funds to hire outside of the civil service list. However, there are many drawbacks to this practice including: (1) lack of uniformity in pay rates; (2) no job security; and (3) no benefits, specifically medical benefits. A third tool has been the civil service test prep classes at GIAC. The Youth Bureau has been creative in its attempts to hire more minority employees. The Bureau has tried to create an entry level Youth Advocate position which would not require the civil service test because the job requirements would be such untestable characteristics as "familiarity with the community" and "sensitivity to diversity". They are hoping that this position will be adopted by the State and considered as an alternative to the civil service test. The idea is that the possessor of the new position would rise in the ranks and eventually take, and pass, the civil service test. Although support from various City officials and committees for such an initiative has been expressed, the current personnel director has not joined them in support. Recommendations: First, in order to increase minority employee retainment, there should be a policy in place to that end and training provided for supervisors who work with minority employees. This is another task that the affirmative action officer mentioned previously in this report could be charged with carrying out. Also, there are many people who work at the Bureau under the heading "part-time seasonal" but who are, in effect, )ear round employees. ' Those people should be able to receive benefits like other City For example, a person could he hired to work from September through June for the afterschool program at GIAC and then be hired to work at camp over the summer. That person has actually worked approximately thirty hours a week for the entire year,but because they were hired as a"part-time seasonal"employee, they are not eligible for any benefits. 7 employees who work the same number of hours as them. Third, the Assistant Director of GIAC should be moved to the appropriate pay scale. Fourth, more City departments, particularly the Department of Public Works, should come to GIAC to recruit minority employees. Finally, to shorten the civil service test procedure, exams should be offered more frequently throughout the year. Conclusion The City has charged the Affirmative Action Advisory Committee to act in a proactive manner to better the City of Ithaca's affirmative action program. To meet this goal the Committee has made several recommendations. First, the City should be consistent in its residency requirements and, when appropriate, allow job searches to be expanded throughout the State to hire women and minorities. Second, the City should utilize Youth Employment Services to find a diverse pool of young people who are looking for work. Next, the City must have a long-range plan in place for cutting and allocating positions in the future. There must be training for front-line employees to be more sensitive to their co-workers. Fifth, the Committee recommends the creation of an affirmative action officer who can perform the various duties outlined in this report(for example centralizing information about and to potential employees from protected classes, getting out into the community, training supervisors who oversee minority'employees and coordinating with other institutions: i.e. Ithaca City School District, and Tompkins County). The Committee also recommends that there be disciplinary action and follow-up when there is inappropriate behavior in the workplace. Seventh, the Mayor's Office should set the example for the other departments. An effort should be made to address pay equity issues outlined in the report(i.e. the situation with the Assistant Director of GIAC and the women at the Planning Department). Ninth, the procedures for hiring from the civil service list must be clearly delineated and the civil service test administered more frequently. Tenth, the Affirmative Action Advisory Committee and the public should be involved in hiring the new police chief. Eleventh, there must be a reallocation of resources within each department so that lack of resources cannot be used as an excuse to hire the first person available. Departments must make a concerted effort to use one another as resources to locate potential employees from protected classes. Finally, the situation with part-time seasonal workers' benefits should be rectified. 8 • The task of creating a welcoming and diverse workplace is certainly not an easy one, but a just one nonetheless. The City should be the leader in this process and set the standard for the rest of the community. 9