HomeMy WebLinkAboutAffirmative Action Plan 1988 Wovuder ) 1
E Q U A L E M P L O Y M E N T O P P O R T U N I T Y
A N D
A F F I R M A T I V E A C T I O N P L A N
C I T Y O F I T H A C A
CITY OF ITHACA
EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION PLAN
TABLE OF CONTENTS
I. GLOSSARY 3
II. FOREWARD 4
III. PURPOSE 5
IV. LEGAL BASIS OF EQUAL EMPLOYMENT OPPORTUNITY 6
A. Title VII 6
B. The Equal Pay Act of 1963 7
C. Age Discrimination in Employment Act 7
D. NYS Human Rights Law 7
E. Fair Practices Ordinance 7
V. LEGAL BASIS OF AFFIRMATIVE ACTION 7
A. Executive Order 11246 & 11375 7
B. Vietnam-Era Veterans Act 7
C. Civil Rights Acts 7
VI. AFFIRMATIVE ACTION ADVISORY COMMITTEE 8
VII. EMPLOYMENT POLICIES 8
A. Recruitment 9
B. Examination and Selection Procedures 9
C. Support 10
D. Actions Concerning the Handicapped 11
VIII. RESPONSIBILITIES OF DEPARTMENT HEADS 11
IX. ASSIGNMENT OF RESPONSIBILITIES 12
A. Organization/Administration 12
B. Recruitment and Selection 12
C. Monitoring Compliance 12
D. Utilization of Present Skills 13
E. Assuring EEO Understanding 13
F. Upward/Lateral Mobility 13
G. Community Effort Participation 13
H. Evaluation System 13
I. Discrimination Complaint Processing 13
J. Dissemination of Information 14
K. Supervisors and Managers 14
L. Department Heads 14
M. MBE/WBE .Responsibilities ' 14
X. COMMUNICATION OF EEO POLICY 14
A. Internal 15
B. External 15
C. Sources Used for Outreach Recruitment 16
XI. MONITORING AND CONTROL (AFFIRMATIVE ACTION) 16
A. Guidelines and Rationale 16
B. Statistical Distribution 17
C. Determination of Goals 18
D. Affirmative Action Goals 19
E. Equal Employment Opportunity Goals 19
XII. INTERNAL AFFIRMATIVE ACTION AUDIT SYSTEM 19
XIII. COMPLAINTS OF DISCRIMINATION 19
A. Complaint Procedure 20
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CITY OF ITHACA
EQUAL EMPLOYMENT OPPORTUNITY
AND
AFFIRMATIVE ACTION PLAN
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I. GLOSSARY
A. )FFECTED CLASS - Members of a group, who, by virtue of past
discrimination continue to suffer the present effect of that
discrimination.
B. ,AFFIRMATIVE ACTION (AA) - Positive efforts to recruit, hire and
promote qualified members of groups formerly excluded, even if
that exclusion cannot be traced to particular discriminatory
actions on the part of the employer.
C. EOUAL EMPLOYMENT OPPORTUNITY 'EEO) - A policy of appointing,
assigning and promoting employees without regard to political or
religious affiliation, marital status, race, color, creed,
national origin, sex, age, veteran status, sexual preference, or
physical or mental handicap, except when sex, handicap or age
4 involves a bona fide job requirement. erp epthc.4
D. 1GOALO - The employer's expected increase of minorities and
females . in the work force. Special consideration should be
given to those job classes in which, underutilization of
minorities and females has been evident in the past.
It should be. noted that .EEO enforcement agencies emphasize.,that
goals -should -not be viewed as -rigid, inflexible quotas. Bot1
long-range and annual targets should ibe based on, the number of
anticipated openings and the avalability,..of protected class
applicants. .,
E. GOOD FAITH EFFORT - The honest, positive, and cooperative effort
put forth by an employer to attract qualified protected class
applicants.
F. MINORITY - Includes Black, Asian American, American Indian,
Hispanic and other (Aleuts, Eskimos, Malaysians) .
G. OUTREACH RECRUITING - A recruiting program designed to attract
minority/female applicants through the use of organizations and
other sources with high minority/female populations.
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H. PROTECTED CLASS - Members of a group, who, by virtue of past
discrimination continue to suffer the present effect of that
di'scrimination. As covered in this Affirmative Action Plan
document, the protected classes are: race, sex, color, religion,
age, national origin, political affiliation, sexual preference,
veteran status and physical or mental handicap.
I. TARGET POPULATION - Employees designated as "protected class"
members, those who continue to suffer the effects of
discriminatory employment practices; women/minorities.
J. TEST - Any paper and pencil or performance measures used as a
basis for any employment decision.
K. TIMETABLES - A time frame within which an employee tries to reach
the established affirmative action goals for hiring or promotion.
L. ;UNDERUTILIZED - When the minority/female population
representation in a job category/group or job classification is
less than the established norm or less than would reasonably be
expected by their availability.
M. UPWARD MOBILITY - The ability of an employee to progress to
positions of increasing responsibilities through a program of
training and through the development of career development
procedures and programs.
N. UTILIZATION - The' percent of City department or agency
minority/female representation as compared to the total County
population. Utilization conditions are determined by relating
this percent to the established norms for each job
category/group.
O. UTILIZATIONANALYSISf- An in depth analysis of the composition of
the work force by minority group status and sex indicating by job
category/group current utilization conditions.- Includes
establishing goals to be attained for the fiscal year for which
the analysis is prepared.
II. FOREWORD
The City of Ithaca is committed to both the substance and the spirit
of Equal Employment Opportunity and Affirmative Action and the laws
pertinent to their implementation. Equal Employment Opportunity $
prohibits discrimination in, the terms and conditions of employment;
whereas Affirmative `'Action represents a conscious effort -to :,correct
the effects of past discrimination.
The City of Ithaca pledges equal opportunity in the terms and
conditions of City employment for all- persons, regardless of race,
sex, color, religion, age, national origin, political affiliation,
• sexual preference, veteran status, and physical or mental handicap.
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This spirit of commitment will include policies covering recruitment,
selection, training and promotional opportunities, compensation and
non-wage benefits and full and fair response to policy or job-related
grievances. All documents and forms in each of the above areas will
carry an equal opportunity statement.
The attached revised plan is the result of work by the Mayor, the City
of Ithaca Personnel Office, the Affirmative Action Advisory Committee,
and interested minority groups. It also reflects some of the changes
in federal policy regulations as court decisions have amended them.
Quotas and timetables have been eliminated. Instead, a good faith
effort and goals, are set forth in terms of percentages related to
current census data and employment statistics.
Much has been accomplished . since 1980; even more remains to be done.
With this program as a guide, we are confident that the City will
continue to provide and enhance a positive and discrimination-free
environment for all applicants and employees.
III. PURPOSE
The City of Ithaca has established its Affirmative Action Program with
the goal of achieving equal employment opportunity in accordance with
the intent of the rules,- regulations, and guidelines of the various
federal, state and local laws and agencies having purview in the equal
opportunity area.
This Affirmative Action Plan provides further assurance for the full
implementation of the City's policy on Equal Employment Opportunity
(EEO) , the goal of which is equal opportunity for any individual
regardless of race, color, religion, sex, marital status, age,
national origin, political affiliation, veteran status, sexual
orientation or affectional preference, and physical or mental handicap
as indicated in the terms, conditions and benefits of employment. The
Plan also implements the City's policy to provide motivation to
potential applicants for City positions and for promotions within the
system, and to provide employment opportunities to members of minority
groups, handicapped persons, and women. The City has developed an
Affirmative Action Program to implement this Affirmative Action Plan.
5 •
IV. LEGAL BASIS OF EQUAL EMPLOYMENT OPPORTUNITY
A. Title VII of the Civil Rights Act Qf 1964 (as amended by the
Equal Employment Opportunity Act of 1972) prohibits
discrimination because of race, color, religion, sex, or national
origin, in any term, condition or privilege of employment. The
Equal Employment Opportunity Act of 1972 greatly strengthened the
powers and expanded the jurisdiction of the Equal Employment
Opportunity Commission (EEOC) in enforcement of this law.
As amended Title VII now covers:
* All private employers of 15. or more persons. .
* All educational institutions, public and private.
* State and local governments.
* Public and private employment agencies.
* Labor unions with 15 or more members..
* Joint labor-management committees for apprenticeship
training.
• "It shall be unlawful employment practice for an employer:
1. To fail or refuse to hire or to discharge any individual, or
otherwise to discriminate against any individual with
respect to his compensation, terms, conditions, or
privileges of employment, because of such individual's race,
color, religion, sex, or national origin; or
2. To limit, segregate, or classify his employees or applicants
for employment in any way which would deprive or tend to
deprive any individual of employment opportunities or
• otherwise adversely affect his status as an employee because
of such individual's race, color, religion, sex, or national
origin." (Section 703(a) , , Title VII, Civil Rights Act of
1964 as amended by the EEO Act of 1972)
"Nor shall any state deprive any person of life, liberty or
property, without due process of . law; nor deny to any person
within its jurisdiction the equal protection of the laws. "
(Section 1 of the Fourteenth Amendment of the U. S. Constitution)
Title VII of the Civil Rights Act of 1964 also prohibits
discrimination based on race, color or national origin in all
programs or activities which receive federal financial aid.
Employment discrimination is prohibited if a primary purpose of
federal assistance is provision of employment (such as
apprenticeship, training, work study or similar programs) .
Revised . guidelines adopted in 1973 by 25 federal agencies
prohibit discriminatory employment practices in all programs if
such practices cause discrimination in services provided to
program beneficiaries. This could be unequal treatment of
beneficiaries or in hiring or assignment of counselors, trainers,
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faculty, hospital staff , social workers or others in
organizations receiving federal funds.
B. The Equal Pay Act of 1963 requires all employers subject to the
Fair Labor Standards Act (FLSA) to provide equal pay for men and
women performing similar work.- In 1972, coverage of this Act was
extended beyond employees covered by FLSA to an estimated 15
million additional executive, administrative and professional
employees (including academic, administrative personnel and
teachers in elementary and secondary schools) and to outside
salespeople.
C. The Age Discrimination in Employment "Act o€ 1967 prohibits
employers of 25 or more persons from discriminating against
persons 40-70 in any area of employment because of age.
D. New York State Human Rights Law, prohibits discrimination on the
basis of race., religion, color, national origin, sex, age,
disability, marital status and arrest and/or conviction record.
E. Fair Practices Ordinance of the City gf Ithaca Municipal Code was
enacted by the Ithaca Common Council in 1984.; `Th Far Pr c TE4s
Ordinance prohibits discrimination on the basis of sexual or
of f ectional preference or orientation.
V. LEGAL BASIS LIE AFFIRMATIVE ACTION
A. Executive Order 11246 (As Amended By Fxecutive Order X1375) This
order issued by the President in 1965, requires Affirmative .
Action Programs by all federal contractors and subcontractors and
requires that firms with contracts over $50,000 and 50 or more
employees develop and implement written programs, which are
monitored by an assigned federal compliance agency.
Specific requirements for such "result-oriented" programs are .
spelled out in Revised Order No. 4 issued by the Office of.
Federal Contract Compliance, U. S. -Department...-of .Labor......_, These
`, requirements include identifying areas , of minority and female
"underutilization" , numerical hiring and promotion goals and
other actions"to increase minority and 'female ' employment in job
classification's where they are currently underutilized.
B. Vietnam-Era Veterans Readjustment Assistance Act gf 1974 requires
employers with government contracts or subcontracts of $10,000 or
more to take affirmative action "to• employ and advance in
employment" disabled veterans and qualified veterans of the
Vietnam Era.
C. Civil Rights Acts of 1866 and 1970 have also been interpreted by
the courts to prohibit employment discrimination. Action has
been taken under these laws on behalf of individuals, private
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organizations, trade unions and other groups. New legislation
will supersede any and all statements of statute as now contained
in this document. (3-1-88)
VI. THE PURPOSE OF THE AFFIRMATIVE ACTION ADVISORY COMMITTEE
The Affirmative Action Advisory Committee was established in 1981 to
serve as a communication link between City employees and management.
The main reason for the committee formation was to serve as an
- advisory arm to the Mayor, Common Council and the Personnel
Administrator/Affirmative Action Officer (AAO) to assist in the
achievement of equity in employment opportunities and to identify
barriers that have operated in the past to favor groups of
employees over others in the City Government labor force.
The Committee will provide advice and consultation to the Personnel
Administrator/AAO on the development, implementation and conduct of
the City's Affirmative Action 'Program. Also, the Committee will
attempt to provide a channel of communication for all City Employees
to express their concerns, through representative Committee members,
about "Equal Opportunity" and other aspects of Affirmative Action.
The overall objective of the Committee is to use the experience gained
from these communications to improve existing City policies or to
propose new policies which will help improve Affirmative Action as an
integral part of the operations of the City of Ithaca Government.
Committee membership includes representatives of City departments, the
Personnel Administrator/AAO, representatives from minority
organizations, women and handicapped representation. The members will
serve for periods of 3 year staggered terms. The Affirmative Action
Advisory Committee will prepare an annual report evaluating the City's
progress which will be distributed to all sites in receipt of the
Affirmative Action Plan and all interested community
groups/organizations.
VII. EMPLOYMENT POLICIES
The City of Ithaca Affirmative Action Program is ' operated in
conjunction with Civil Service. Existing employment policies have
been adopted by the City- of Ithaca Common Council and the Civil
Service Commission including the classification of all positions in
the executive and legislative branches; minimum qualification and
methods of selection for any such positions, promotions, transfers,
causes and methods of removal from any such position including
demotions , layoffs, and dismissals;annual sick and other leave;
compensation and awards; resignations; work schedules; disciplinary
actions including suspensions and within grade reductions; and
procedures for resolving major complaints and grievances. These
policies are included and available for review in the City of Ithaca
Personnel Manual, City of Ithaca Civil Service Rules and New York
State Civil Service Law.
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A. Recruitment
The City of Ithaca adheres to a positive and continuing effort to
inform its interested residents about employment opportunities
available to them within the City Civil Service System. Some of the
specific actions taken are as follows:
1. Continued use of the statement "An Equal Opportunity
• Employer with an Affirmative Action Plan" on all application
forms, examination and recruitment announcements, classified
advertising and all other printed materials.
2. Continued use of local media to dispense information on job
opportunities within the City of Ithaca. This includes all
local newspapers who print press .releases and the local
radio stations who periodically announce Civil. Service
information (jobs, training, exam notices, etc. ) .
. 3. Make appropriate contacts with the following but not
necessarily limited to: community counselors of all.
secondary schools and colleges in Tompkins County.
Arrangements may be made with the schools to provide
appropriate Civil Service information and to recruit
interested qualified students for available positions.
4. Continuous expansion of our mailing list which includes but
is not limited- to: . minority and female organizations,
schools and colleges, employment centers, churches, and
other community based organizations.
5. Provide general career information and referrals to those
who walk in seeking employment.
6. Conduct career seminars at local secondary schools and
colleges stressing the- connection between educational
achievements and possible employment.
7. Maintain effective and continuing liaison between groups in
the City of Ithaca, including but not limited to: citizens
councils and agencies who demonstrate a relationship to the
economically disadvantaged, and protected class individuals.
B. Examination and Selection Procedures
Employment and selection procedures will:
1. Realistically and directly relate to actual duties to be
performed.
2. Evaluate the person for the job.
3. Not be arbitrary or discriminatory.
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4. Involve only "job related" questions to avoid blocking
qualified candidates from employment.
5. Be reviewed and revised, periodically as necessary, to
ensure that selection was based solely on job related
factors.
The City of Ithaca will encourage the State of New York to undertake
.1 the task of developing Civil Service examinations which are relevant
to the position being sought and:
1. Provide accurate job specification/descriptions to assist in
the validation.
2. Render such other assistance as appropriate in the
examination area.,
•
Additionally, the City of Ithaca Personnel Department and Civil
Service Commission will periodically review, evaluate, and revise job
specifications to ensure that:
•
1. Specifications accurately describe the work of the positions
allocated to the class.
2. All entrance requirements are job related.
3. A. requirement of education, experience, restrictions on age,
sex, or physical characteristics, are deleted unless they
are proved to have a direct relationship on the job.
C. Support •
General responsibility for the enforcement of the Plan lies with the
Mayor. The Department of Personnel will provide control and guidance
necessary to implement the policies established under the Affirmative
Action Plan, using the following methods:
1. Analyzing employment patterns and wage scales within the
City Government and devising' plans to discover possible
;04 problem areas.
2. Identifying and removing impediments to Equal Employment
Opportunity by establishing goals for Affirmative Action
whenever found to be necessary.
3. Providing for the internal and external dissemination of
City Policy.
4. Pursuing the pledge of Equal Employment Opportunity by
providing for the continual review, evaluation, and
improvement of City. actions in carrying out this policy and
the Affirmative Action Plan.
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D. actions Concerning the Handicapped
The City of Ithaca will maintain contact with the Office of Vocational
Rehabilitation to secure referral of qualified handicapped
individuals. The Office of Vocational Rehabilitation and members of
the Personnel Department will work in conjunction to determine:
1. The extent of the handicap.
2. The individual's ability to perform the job duties of a
particular position.
3. The degree of accommodation to be made (must be reasonable. )
Section 55 of the Civil Service Law grants this agency the right to
reclassify competitive class positions to non-competitive. class
positions, to accommodate handicapped individuals who encounter
difficulty in securing employment.
The Personnel Department will also maintain close contact with
community agencies and organizations to promote the hiring of
qualified handicapped individuals.
VIII. RESPONSIBILITIES OF DEPARTMENT HEADS
Top management support is a prerequisite to any successful EEO
Program, and that support must be visible to all, inside and outside
4 the City of Ithaca Government structure. It is this combination pf
that commitment that will be the key to success in our EEO efforts.
All department heads are responsible for insuring that the EEO Program
is implemented as prescribed by the City of Ithaca Common Council.
Department heads must recognize that EEO is important enough to merit
their individual attention.
EEO responsibility 'touches all parts of the employment function from
appointment to termination. It is important that department heads
convince top level supervisors in their organization of the priority
that the City of Ithaca places on the EEO Program and to influence
their attitudes and behavior as they come in contact with the various
elements of the Program.
The department head must be familiar with the City of Ithaca
Affirmative Action Plan and insure that supervisors throughout the
department at all locations know what their responsibilities are and
that they promote the EEO Program. It is imperative that department
heads and supervisors clearly understand their own responsibilities
for carrying out the EEO and Affirmative Action policies.
The department heads will post the EEO Policy and make Affirmative
: \-0/
Action Plan accessible to employees. Department heads will also
review it with key supervisors at regularly scheduled meetings; check
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their recruiting practices; insure that they are free of unlawful
discrimination; expand and refine, where appropriate, their recruiting
efforts to reach women, minorities, the handicapped, etc. ; review the
minority employment data prepared and disseminated periodically by the
Department of Personnel. The success or failure of this Program
depends on how well top management and department heads support,
communicate and provide a positive climate.
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IX. ASSIGNMENT QE gEO AND AFFIRMATIVE ACTION RESPONSIBILITIES
The Mayor and the Common Council are ultimately responsible for the
implementation of the Equal Employment Opportunity and Affirmative
Action policy with the overall preparation and coordination of the
Affirmative Action Plan as the responsibility of the Personnel
Administrator/AAO. For the fullest possible implementation of the
Affirmative Action program, responsibility and accountability for
complying with EEO/Affirmative Action goals and practices are clearly
delineated.
A. ORGANIZATION Alin ADMINISTRATION gE BEO/AA PROGRAM are the
responsibilities of the Personnel Administrator/ AAO who is
accountable to the Mayor and Common Council for all phases
of the program. The Personnel Administrator/AAO shall work
with department heads in solving problems which may arise
and continually attempt to prevent the occurrence of such
problems.
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B. RECRUITMENT AND SELECTION PROCEDURES are the responsibility
of the Personnel Administrator/AAO who is accountable to the
Mayor and the Common Council. In those job categories where
underrepresentation is evident, outreach recruitment will be
done in order to ensure that eligible lists submitted to
departments consistently contain a representative number of
women and minorities as can be accomplished in accordance
with Civil Service Rules, Regulation and Law. The Personnel
Administrator/AAO and Department Heads shall work closely in
developing appropriate outreach recruitment techniques and
solutions to identified problems.
C. RESPONSIBILITY FOR MONITORING COMPLIANCE of the above
procedures and making recommendations to the Mayor and the
Common Council for appropriate disciplinary action for
failure to comply with EEO/Affirmative Action regulations is
assigned to the Personnel Administrator/AAO. Whenever a
managerial or supervisory employee is found to be in
violation of EEO/AA regulations or practices, appropriate
disciplinary action up to and including dismissal may
result.
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D. PROVIDING OPPORTUNITIES FOR UTILIZATION OF PRESENT SKILLS OF
EMPLOYEES is the responsibility of the Personnel
Administrator/AAO who is accountable to the Mayor and the
Common Council. It will be his/her responsibility to review
qualification requirements to ensure elimination of
unnecessary or non-job related criteria within the
classification structure, and submitted to the Civil Service
Commission for consideration of re-evaluation and rewrite.
The Personnel Administrator/AAO shall provide technical
assistance with recommendations to overcome unnecessary
barriers in this area.
E. . ASSURING $EO/AA PROGRAM UNDERSTANDING, SUPPORT AND
COMPLIANCE Da ALL SUPERVISORS AND MANAGERS is the
responsibility of the Personnel Administrator/AAO and the
Affirmative Action Advisory Committee who are accountable to
the Mayor and Common Council. It is strongly suggested that
Affirmative Action training sessions should take place at
least annually for supervisors, managers and any other job
levels considered appropriate in all departments.
F. DEVELOPING UPWARD ha WELL hS LATERAL NOBILITY OPPORTUNITIES
FOR EMPLOYEES is the responsibility of the Personnel
Administrator/AAO who is accountable to the Mayor and Common
Council. Any vehicle for lateral and upward mobility that is
developed must meet EEO/AA requirements.
G. PARTICIPATION .l COMMUNITY EFFORTS Tg IMPROVE CONDITIONS
4 WHICH AFFECT EMPLOYABILITY is the responsibility of the 1
Personnel Administrator/AAO who is accountable to the Mayor
and the Common Council. Such efforts should assure that the
City is involved with and aware of community efforts to
improve conditions which affect employability including
effective public transportation systems, day care centers
and housing opportunities. The various City departments are
expected to assist in this area as appropriate.
H. DEVELOPMENT Qz THE SYSTEM FOR EEO/AFFIRMATIVE ACTION
EVALUATION is the responsibility of the Personnel
Administrator/AAO . who is accountable and will make such
reports to the . Mayor and the Common Council at least once
per year. (see section on internal audit and reporting)
I. PROMPT. FAIR, AND IMPARTIAL PROCESSING OF COMPLAINTS OF
DISCRIMINATION AND EEO/AA COUNSELING are the responsibility
of the Personnel Administrator/AAO who is accountable to the
Mayor and the Common Council. The City of Ithaca Common
Council adopted a grievance procedure in July, 1987. (See
Section XIII. )
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J. DISSEMINATING rNFORMATION from federal , state and local
agencies on current legislation and court decisions or other
policy guidelines concerning EEO and Affirmative Action to
City officials and employees shall be the responsibility of
the Personnel Administrator/AAO.
K. SUPERVISORS AND MANAGERS WILL BE ACCOUNTABLE 22 THEIR
DEPARTMENT MEAD for. compliance with Affirmative Action
regulations for those employees under their supervision.
Appropriate action may be taken by the ,Department Head for
failure to adequately perform these responsibilities.
It is also the responsibility of Supervisors and Managers to
act as a liaison between employees in their department and
the Personnel Administrator/AAO with respect to the
dissemination of , Affirmative Action policy and to keep the
Personnel Administrator/AAO apprised of underutilization of
women and minorities in their department in an effort to
reach full utilization.
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L. DEPARTMENT HEADS WILL f ACCOUNTABLE TO. THE MAYOR MR COMMON
COUNCIL for compliance with Affirmative Action regulations
for those employees under their supervision. Appropriate
action may be taken by the Mayor or the Common Council for
failure to adequately perform these-responsibilities. It is
the responsibility of department heads to report quarterly
to the Personnel Administrator all activity with regard to
the hiring and termination of City personnel within their
respective departments. The Personnel Department will u
• provide any necessary forms to the department heads and
monitor returns.
It is also the responsibility of Department Heads to act as
a liaison between employees in their department and the •
Personnel Administrator/AAO with respect to the
dissemination of Affirmative Action policy and to keep the
Personnel Administrator/AAO apprised of underutilization of
women and minorities in their department in an effort to
reach full utilization.
M. MINORITY AID WOMEN'S BUSINESS XNTERPRISE responsibilities
have been -assigned to the City of Ithaca Purchasing Agent
who will be responsible for the policies, procedures and
guidelines.
X. COMMUNICATION Off' HEO POLICY
The City- of Ithaca Affirmative Action Program implementation will
include procedures for dissemination of Affirmative Action Policy in
addition to that contained herein. The primary objective of this
aspect of the Plan. and Program is to insure awareness and
understanding of and adherence to, the program by all employees. It
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is understood that this is a crucial factor in determining the
eventual success of our efforts toward achieving the goal of equal
employment opportunity for the City of Ithaca.
A. Internal
Wherever possible within the City Government, we have communicated the
Affirmative Action Policy letter reflecting the City of Ithaca's
concern and commitment to ensure equality of employment opportunity to
all employees and particularly department/agency heads who are
involved with the appointment, transfer, promotion, and termination of
City personnel.
An Affirmative Action Advisory Committee has been established composed
of members of target population organizations, members-at-large,
employees of the City and the Personnel Administrator/AAO, to review
and monitor Affirmative Action progress. (See Section VI for
additional information concerning this advisory committee. )
It is strongly suggested that those in positions with hiring authority
meet with the Personnel Administrator/AAO to conduct reviews of EEO/AA
performance as compared to the Affirmative Action Plan. EEO/AA
progress will be reviewed and remedial action as warranted will be
initiated as a result of these reviews.
Affirmative Action training sessions are an important part of the
Affirmative Action Program. All department heads, and supervisors
will be asked to attend such sessions which will be arranged by the
Personnel Administrator/AAO. .
An updated Equal Opportunity/Affirmative Action Policy statement will
be made a part of the City Personnel Manual.
The written plan will be distributed to all divisions of City
departments for review by department heads and section supervisors.
The EEO policy statement by the City of Ithaca is posted throughout
the City departments and offices for employee review.
B. External
Dissemination of EEO/Affirmative Action Policy will include
publicizing Affirmative Action Policy to organizations within the
community whose membership is known to include significant numbers of
protected classes. Continuous contact with such organizations will be
maintained by the Personnel Administrator/AAO for assistance in
current protected class recruitment and to also aid in maintaining a
flow of such applicants for future openings. All organizations
contacted will be advised of our Affirmative Action policy commitment
to meeting protected class hiring goals and our current openings.
Additional recruiting sources will. be cultivated as a part of our
outreach recruiting program. All sources are informed of the City of
Ithaca Affirmative Action policy. Employment advertising makes
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reference to EEO in the City of Ithaca and clearly conveys the City
Department's desire to interest protected class applicants; each
advertisement will include the statement "An Equal Opportunity
Employer with an Affirmative Action Plan. Minorities and women are
encouraged to apply" .
Copies of the written plan will be distributed to libraries within the
City and City Community Centers for applicant review.
On a continuing basis, we will reaffirm our Affirmative Action policy
with our recruiting sources both verbally and in writing. Our .
continuing desire to hire and retain protected class employees will be
emphasized and implemented.
C. Sources Used for Outreach Recruitment
Inside/Outside Employment Opportunities Bulletin:
All City Departments and Agencies, other applicant sources,
including organizations representing protected classes. _
College and High School Recruitment:
Local colleges, universities, and high schools, including those
with large minority and female enrollments. Involvement with
Career Day Seminars.
News Media:
Major newspapers and periodicals as well as applicable minority
publications, for management/mid-management positions. All
positions will be advertised in the local area. See appendix, **
for recruitment list.
Other:
Cooperative efforts with the Tompkins County Personnel Department
and County Affirmative Action Advisory Committee have been
initiated to share applicant information. Both Committees have
pledged commitment to expanding and strengthening mutual efforts.
XI. MONITORING AND CONTROL (AFFIRMATIVE ACTION)
A. Guidelines and Rationale
When the number of protected class employees is less than the
available labor market statistics, it is possible that less than
adequate utilization of such classes exists.
The normal information furnished in this area is to establish
guidelines or norms expressed as percentages in a particular
occupational job category. The City affirmatively desires to move to
16
more fairly reflect its surrounding community labor market, and since
no previous guidelines or norms .have been set in the past, it is the
intent at this point to concentrate on getting more protected classes
placed in City employment. The City will also prepare present
employees for upward mobility (promotional opportunities) by
department rather than to prepare goals by individual position
description.
Whereas, the City is committed to increasing the numbers of protected
classes, in all departments and agencies at all levels within the
City's employ, special emphasis will be placed on hiring such
individuals at management/mid-management and supervisory levels. Due
to the small number of projected new hires, the hiring goals that make
up "minorities" have not been listed separately. A good faith effort
will be required by all department heads, supervisors and elected
officials to additionally concern themselves with placement of
protected classes in these positions where it is obvious that
historically these individuals have not been assigned. The City will
also continue to make provisional appointments, as required, and will
follow Affirmative . Action hiring guidelines and principles -in making
such appointments.
B. Statistical Distribution
Ongoing assessments of the major areas of the City's employment
process have resulted in the following conclusions and planned
actions.
1. The whole area of statistical monitoring and analysis will be
given continued attention by the Personnel Office whose
responsibilities will be to increase activity in the Affirmative
Action area.
2. Minimum qualifications for selected Civil Service job .
classifications will be reviewed to ensure that they are job
related and necessary to the performance of the particular job.
Those job classifications and positions with less than expected
proportions of protected classes will be given first priority.
3. The State Civil Service Commission requires that selection of
personnel be made only from the top 3 positions on the eligible
list for Competitive Class positions. Recognizing that some
prospective applicants fear the testing process, due in part to
past inability to receive appropriate training for certain fields
of endeavor, a Civil Service Test Preparation Program has been
initiated by the City.
Special emphasis will be given to those positions which have been
underutilized historically for protected class individuals.
4. Most noncompetitive vacant positions below the management/ mid-
management level are often filled very quickly without a lengthy
announcement period. This is often a barrier to effective
17
outreach recruiting for minority job candidates. Therefore, for
noncompetitive positions below the management/mid-management
level, a pool of applications for persons previously applying for
positions will be maintained for instant referral.
In the case of competitive positions, most vacant positions will
have a 30 to 90 day announcement period from opening to closing,
except as restricted by State Civil Service restraints. The. City
r of Ithaca Civil Service employment opportunity bulletin (job
announcement) is mailed to approximately 100+ referral sources as
well as being published in local newspapers and announced on .
local radio stations. In addition, job announcements for
management and mid-management positions will be sent to existing
minority counselors - and minority student assistance programs at
the colleges and universities. in Tompkins and contiguous counties
as well as those in Broome, Monroe, Onondaga and Steuben
counties. (see Appendix 6y This area will be examined more
closely to determine ways to maximize outreach efforts and an.
attempt will be made to start notification earlier to allow for
maximum time for the test preparation course to be conducted.
In addition, the Personnel Administrator/AAO will periodically
solicit information from department heads and other appropriate
persons as well as to meet with the Affirmative Action Advisory
Committee, to explore ways of improving the referral network,
recruiting visibility and face to. face contact with referral
source persons, and assure that information is disseminated in
sufficient time and widely enough to touch all sources.
\./
C. Determination �f Goals
Goals are not established in the form of rigid and inflexible quotas.
They are, however, targets that are reasonably attainable by applying
a good faith effort to correct any deficiencies.
In determining the level of goals, the City shall consider the
following:
1. _ The minority and female populations of Tompkins County.
(Complete protected class figures are not currently
available. )
2. The percentage of minorities and women in the work force as
compared with total work force potential.
3. The availability of minorities and women whom the• City can
reasonably recruit. . .
4. The availability of promotable minorities and women within
the City structure.
18
D. Affirmative Action Goals
1. To . have an appropriate percentage of protected class
individuals at all levels in City government, particularly
with reference to administrative, professional, management,
technical and skilled craft positions.
2. To provide upward mobility for all City employees.
3. To involve executive and supervisory personnel in
achievement of these goals.
All administrative decisions and actions regarding increasing minority
and female hiring must be made in strict accordance with position
.requirements. Thus, all individuals must be minimally qualified for
any and all positions for which they are hired.
. E. Aqual Amployment Opportunity. Goals
1. To ensure that the City of Ithaca does not discriminate
against protected classes - with respect to the terms and
conditions of employment.
2. To ensure that all City employees, prospective applicants
and the community are aware of the City of Ithaca's
commitment to Equal. Employment Opportunity and Affirmative
Action.
3. To involve executive and supervisory personnel in
achievement of these goals. •
XII'. INTERNAL AFFIRMATIVE ,ACTION AUDIT ,SYSTEM
The City of Ithaca system for auditing our Affirmative Action Program
progress and detecting potential problems is described below. This
system involves a number of checks on Personnel actions affecting
Affirmative Action in general. The Personnel Administrator will
compile required information and will provide semiannual reports to
the Mayor, Common Council and the Affirmative Action Committee.
(copies will be furnished to department heads upon their requests)
XIII. COMPLAINTS QE DISCRIMINATION
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.
19
It is the City of Ithaca's policy to provide equal employment
opportunity in 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/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.
A. COMPLAINT PROCEDURE
4
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
position 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, NY 14850. )
STEP II: The individual alleging employment discrimination should
meet with the Personnel Administrator to discuss the details
of the alleged discriminatory act.. . After the 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.
20
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 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 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 time frame.
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 of
his or her right to go' to other outside agencies, such as
the Tompkins County Human Rights Commission and the U.S.
Equal Employment Opporttrnity Commission to seek remedy.
OTHER IMPORTANT INFORMATION
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.
21
,<,`k#411,11,11s1-,,, . ,
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.
MAYOR ALAN J. COHEN
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,
O •
e-e/.4&
The Affirmative Action Committee
Co-Chair, Marcia Fort
Co-Chair, Phyllis Radke
9
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. ` However, three of
those women are in the lower salary bracket of administrative support. The 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.
All 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. 4 ,
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 arc: (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.
5 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 I•YB 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 be 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
City of Ithaca Affirmative Action Advisory Committee
Regular Meeting - December 11, 1996
Members Present: Marcia Fort, Diann Sams, Tom West
Staff Present: Valerie Saul, Brian Wilbur
Guests Present: Don Barr
Marcia Fort called the meeting to order at 2:40 pm.
Marcia Fort introduced Don Barr, whom the Committee invited to present ideas
for diversity and human relations training for the City workforce.
Dr. Barr stated that the initiative the City is discussing is a major undertaking. It
would be a unique effort in New York State to train an entire workforce. Dr. Barr
stated that he has some biases against such a program:
1. Good intentions aren't enough. Discrimination is intentional; it is designed to
accomplish specific goals. It protects and preserves privileges for a select
group. Change is therefore threatening, because it removes the privileges and
power of some.
2. Training programs traditionally focus on interpersonal issues. Interpersonal
issues only focus on prejudice. Discrimination is a combination of prejudice,
power and privilege. A successful training program has to be more than
interpersonally oriented. It has to actually restructure power relationships.
3. Organizations depend on outsiders to provide the training. A successful
program needs an ongoing internal mechanism that can function once the
outsider has disappeared.
4. Training programs tend to ignore accountability. A successful program needs
a central focus on what people in the organization are going to do differently,
and how and when it will be evaluated.
5. Change is a long term process. There is no overnight change for something
that has been in place for several hundred years.
Dr. Barr stated that the organization must focus on the community as a whole,
not just one particular group. Affirmative Action implies privilege for one group
at the expense of others.
ti
Affirmative Action Advisory Committee
December 11, 1996
Page 2
Dr. Barr stated that he is interested in designing a successful program for the
City, but that the Mayor and Common Council must fully support such an
initiative if it is to succeed. It would be a unique effort for a municipality. There
may be grants available to assist with funding.
Marcia Fort raised the issue of the lack of response to the Committee's report on
Affirmative Action in the City. She was disappointed that there was no response
from Common Council or the department heads. The department heads had a
negative reaction. Ms. Fort stated that the goal of the report had not been to
criticize, but to encourage dialogue. Different members of City staff have very
different views on the success of the City's Affirmative Action efforts.
The Committee discussed potential sources of funding for training. The
Committee agreed that the City must have an internal commitment to the
program and internal investment if the program is to succeed. Matching grants
would require a financial commitment from the City.
Dr. Barr and the Committee discussed a variety of goals that individual
Committee members would like to achieve within the next five years.
Dr. Barr stressed the need for an action component of a training program. It
shouldn't just consist of discussion of issues and problems. It should also
establish action strategies for what the City is actually going to do to address the
issues and problems.
The Committee discussed possible immediate actions. The Committee will go to
Common Council and ask to be on the agenda. They will ask for a commitment
from Council and the department heads to support such a program.
Marcia Fort also suggested inviting union heads to an upcoming meeting to
discuss Affirmative Action Report.
Diann Sams updated the Committee on affirmative action efforts that are taking
place in the Ithaca City School District.
The Committee will schedule a meeting in January to continue discussing Don
Barr's ideas and comments.
The meeting was adjourned at 4:25 pm.
To: City of Ithaca Affirmative Action Committee
From: Don Barr
Re: Ideas for discussion
Date: November 20, 1996
Some beginning questions.
1. How long will it take?
2. How much money and time will it take?
3. How do we do this when so many people don't care and/or have an investment in maintaining
oppression and privilege?
4. If we start where do we begin?
5. Who decides to make the commitment?
Some major challenges
1. getting past denial
2. seeing change as a benefit rather than a cost
3. engaging people
4. creating a sense of community
5. Accepting responsibility both at the individual and institutional level.
6. How much reading can people be expected to do?
Designing a program
A major question and challenge that has to be faced is whether to focus on behavioraVattitude
issues or institutional issues or both.
Components of an intervention program.
A. Definitions
B. Knowledge
theory
practice
historical
contemporary
C. Power
D. Oppression
E. Mis education
F. Stereotyping
G. Current national issues e.g. KKK, affirmation action, immigration, etc.
Other notes
There a several valuable videos that are excellent for teaching about oppression and its
consequences.
Goals
1. Critical consciousness
2. Knowledge both personal and systemic
3. accepting responsibility
4. commitment for justice
5. restructuring power relations
Strategic Planning
1. Establish transforming oppression planning committee
volunteers
2. Collect individual and group information/data
This step does two things. It provides a view of the issues and peoples perspectives of
the issues and it starts building ownership in the process and potentially in the outcome.
Participation and ownership are critical steps in accomplishing goals. It is very rare that
institutional change include the hard work of inclusion, participation, and ownership and therefore
fail to accomplish goals. Another way to view this is that with oppression people don't really want
transformation therefore go through the motions of participating but never are invested and then
there are those who sabatoge from the beginning. This step provides more data on who is
committed and who isn't.
3. Design a plan of action that answers the following questions.
1. How to get started?
2. Who participants and when do they participate?
3.What content should be included?
4.What are the goals of the entire plan and for each session?
5. Who will provide the training?
6. How to build in accountability and follow up?
7. How to interface behavioral and institutioanl issue and knowledge?
8. How much time is needed?
One plan:
A. An initial event involving as many city employees as possible to kick off the program and
plan.This will give it visibility and help legitimate it. It would also communicate that top
administration e.g. the mayor and city council are suportive, etc.
B. There are numerous paths to take next.
1. Set up a schedule for small group to have an initial session.
2. Identify one group that participate in several sessions and then move on to another
group. keep doing this until everyone has participated and then move on to the
next step.
3. Identify a group of people who have interest and skills in the area of traning and have
them participate in a trainer of trainer program for a year so they provide the
leadership and training the next year and so on.
I am partial to strategy 3 because ft internalizes the process and when it works
institutionalizes changes faster and better than the other strategies.The risks of strategy 3
include the quality of the initial team, supervision, and the respect or lack of respect they
"MAYOR'S OFFICE
DEC _ 41996 AFFIRMATIVE ACTION CONSULTING SERVICES
CITY OF ITHA "
1. Search Committee Consultations 10-15 hours
- review of job descriptions per search
- writing and/or review of job ads
- identification of outreach recruitment
sources
- statistical analysis of applicants
- consultation with search committee
- development and implementation of
recruitment strategies
2. Workforce Diversification Program 110 hours
- statistical and historical review
- interviews with current and/or former
employees who are members of protected
classes
- interviews with department heads
- data analysis
- identification and presentation of
issues
- recommendation of strategies to address
issues
3. Development and Implementation of Internal
Policies for Resolving Bias-Related
Issues and Conflicts 20 hours
4. Attendance at Committee, Staff and
Council Meetings 40 hours
- Affirmative Action Advisory Committee
- Community Issues Committee
- Common Council Meetings
- Department Head Meetings
Total Consultant Hours = 180 hours
(Note: this reflects minimum number of hours required
for an experienced professional in the field)
Additional note: Mayor Cohen contacted two local professionals
who provide consultant services in this field and received price
quotes of $100/hour from each consultant.
*
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AFFIRMATIVE ACTION ADVISORY COMMITTEE
Regular Meeting
February 5, 1999
Member Present: Marcia Fort, Brian Wilbur, Sam Velazquez, Phyllis Radke,Diann Sams, Tom
West, Robyn Jenks
Members Absent: Satomi Hill, Winnie Taylor, Lauren Austin
Staff Present: Schelley Michell-Nunn
The meeting was called to order.
NEW MEMBER
The Committee welcomed Robyn Jenks as a new Committee member. Introductions were made.
APPROVAL OF MINUTES
Phyllis made a motion to approve the minutes from the January 8, 1999 meeting. Seconded by Sam. Motioned
carried 7-0.
VACANCY REVIEW COMMITTEE
The Committee discussed the resolution changing the name of the Vacancy Review Committee to Position
Review Committee. Apparently, Jane Marcham pulled the resolution from the Budget and Administration
Committee agenda to make further changes. Marcia wants to send a letter to Jane Marcham stating the
Affirmative Action Advisory Committee vested interest in the Position Review Committee and in writing any
criteria related to selecting diversified job candidates.
The Committee discussed the hiring process and the role of the Affirmative Action Sub-Committee in that
process. Questions raised were: What happens if the Affirmative Action Sub-Committee denied the choice of the
department head? What is the Affirmative Action Sub-Committee's criteria for rejecting a department head's
selection?
Schelley stated that the Human Resource Department is collecting demographic data. Sam asked if this holds
true for appointed positions. Schelley said, "no." The Committee discussed a 1993 report of female and
minority hires. Schelley would like to reinstitute this kind of evaluation. Sam asked what kind of professional
development does each department have. Schelley stated that she is working on this as well as developing more
than a shotgun approach to outreach.
Tom and Schelley will draft a letter to Jane Marcham, Sara Shenk,Paulette Manos, Diann Sams and Mayor
Cohen stating that the Affirmative Action Advisory Committee expects that hiring should reflect conformity with
affirmative action policies and conformity with the diversity mission statement. This letter will be sent out next
Affirmative ActionAdvisory Committee Meeting
February 5, 1999
Page 2
week inviting Jane, Sara, Paulette and Mayor Cohen to a special Affirmative Action Advisory Committee
meeting scheduled for Friday-February 19, 1999 at 9:30 am in the Common Council Chambers. The
Committee will discuss the Position Review Committee and they will share with them their expectations about
what criteria should be used in hiring. The Committee will also discuss Diann's role as Affirmative Action liaison
to the Sub-Committee.
AGENDA FOR MARCH MEETING
The next regular meeting of the Affirmative Action Advisory Committee is March 12, 1999. Agenda items for
the next Affirmative Action are 1) Salary Increase for Julie Holcomb &Debra Parson;2) Salary Adjustments Pay
Equity; 3)Priority Setting for 1999; and 4) Intern Candidate.
With no further business,the meeting was adjourned.