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HomeMy WebLinkAbout78-65 1 8 4 10 11 12 14 15 1'/ 21 ~0 $1 RESOLUTION NO. 78-65 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 1, CHAPTER V OF THE PERSONNEL POLICIES (VACATION LEAVE) WHEREAS, the City of Ukiah Personnel Policies provide for compensating listed employees with additional vacation leave in lieu of overtime payment, and WHEREAS, the positions of Accountant, Recreation Super- visor, Airport Supervisor, Office Supervisor, and Deputy Chief of Police are the types of positions contemplated to be covered by this provision of the Personnel Policies NOW, THEREFORE IT IS HEREBY RESOLVED that: Section 1 of Chapter V of the City of Ukiah Personnel Policies is amended by adding the positions of Accountant, Recreation Supervisor, Airport Supervisor, Office Supervisor, and Deputy Chief of Police to the list of employees receiving additional vacation leave in lieu of overtime payment. PASSED AND ADOPTED this 1st day of February 1978, by the following roll call vote: AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder Mayor Simpson NOES: None ABSENT: None ATTEST: C±ty C~erk City of Ukiah AFFIRMATIVE ACTION STATEMENT OF POLICY It is the policy of the City of Ukiah to actively seek to eliminate all forms of discrimination in its personnel policies whether express, as a result of tradition, or as a coincidental result of administrative policies or procedures. The goal is to eliminate all types of discrimina- tion whether on the basis of race, religious creed, color, national origin, ancestry, physical handicap, age, sex, or any other factor unrelated to ability to perform on the job. The City Council declares its support of the Affirmative Action Plan contained herein and directed the City Manager · to encourage all departments of the City to aggressively seek to carry out the program outlined herein. -1- EQUAL EMPLOYMENT OPPORTUNITY AND THE LAW Title VII of the Civil Rights Act of 1964 mandated that employment decisions in private industry be made on the basis of Job qualifications, not on the basis of race, religion, nationality, sex, or any other non- Job-related factor. To implement and enforce the Civil Rights Act, Congress established the Equal Employment Opportunity Commission (E.E.O.C.). The E.E.O.C. issued a set of selection standards in 1966, and revised them in 1970, under the title, "Guidelines on Employee Selection Procedures". The "Guidelines" impact on. all selection devices including applica- tions, class specifications, examinations, performance tests, written tests, interviews and probationary periods. They state that the use of .any test which adversely affects the hiring of disadvantaged group members constitutes discrimination unless (1) the test has been validated; and (2) the employer can demonstrate that alternative suitable employment pro- cedures are unavailable. The "Guidelines" define a "test" as "any paper and pencil or performance measure used as a basis for any employment decision". In.addition to the Equal Employmeht OPportunity Commission scruti- nizing the employment practices of California local governments, a State agency, the Fair Employment Practices Commission (F.E.P.C.) serves in a similar role. The F.E.P.C. was established by the "California Fair Employ- meet Practice .Act". Its authority and responsibilities are delineated in the California Labor Code. The F.E.P.C. has statutory authority "to receive, investigate and pass upon complaints alleging discrimination in employment because of race, religious creed, color, national origin, ancestry, physical handi- cap, age, or sex". The Commission can also initiate investigations (without a complaint) by virtue of the fact it "is empowered to prevent unlawful employment practices". Additionally, the Commission can create advisory councils which make recommendations for the development of policies and procedures. (The Technical Advisory Committee on Testing (T.A.C.T.) serves this purpose.) Finally, the F.E.P.C. issues publica- tions to assist employers in their efforts to. minimize or eliminate · discrimination. The F.E.P.C. has authority in both public agency and private in- dustry employment practices. The Commission attempts to eliminate alleged unlawful employment practices by "conference, conciliation, and persuasion". Should that fail, the Commission has the authority to hold formal hearings, and if'necesshry, to issue cease and desist orders. Interpretation and refinement of these and other guidelines is carried out through the Judicial system. To date, there have been numerous cases defining the intent of selection related aspects to these guidelines. -2- Host noteworthy among these is the 1971 case of Willie S. Gkiggs vs. Duke Power Company in which the United States Supreme Court made a landmark decision regarding fair employment testing. The specific question to which the unanimous opinion vas addressed vas this: an employer prohibited by Title VII of the 1964 Civil Rights Act from requiring a high school education or the passing of a standardized general intelligence test as a condition of employment when: neither standard can be shown to be significantly related to Job performance; (2) both requirements operate to disqualify minority applicants at a greater rate than White applicants (adverse effect) and (3) the Jobs in question had formerly been filled only by Whites as part of an overtly discriminatory practice? The essential elemen.~s of the Court's ruling were these: 1. Selection criteria which have the effect of discriminating against minority competitors, and which cannot be demonstrated to be Job related, are illegal under the 1964 Civil Rights Act. (This directs the thrust of the Civil Rights Act to the consequences of employment practices, and lays the burden of proof on the employer,) . . 2. The new guidelines of the E.E.O,C. express the will of Congress, and thus provide 'a standard for the enforcement of Title VII of the Civil Rights Act of 1964. The above mentioned guidelines and litigation endeavor to create an atmosphere of equal employment opportunity by guaranteeing on the Job relatedness and validity of selection procedures. Although this is a highly beneficial and much needed step, selection guidelines will not, in and of themselves, correct for past discrimination and employ- ment inequities. To accomplish this, agencies must go beyond these guidelines, and develop Affirmative Action plans and programs. The United States Department of Labor has issued exacting require- ments relating to the development of Affirmative Action plans by Federal contractors and grantees. These requirements, as spelled out in Executive Order 11246 and Revised Order 4 have served as guidelines for most public and private agencies that have developed Affirmative Action programs. These guidelines and their intent are also enforceable through the court system. In a recent case, a Federal District Court Judge ruled that agencies required to d~velop and implement Affirmative Action programs must take steps even beyond those spelled out in Executive Order 11246 and Revised Order 4. In this case, Legal Aid Society of Alameda County vs. Brennan, (1974), the court ruled that, henceforth, Affirmative Action progrsms must: a. Contain a breakdown of all Job groups by ethnicity and sex (Blacks, Spanish, Indian~, Orientals). b. If the percentage of a minority in the Job group is less than the percentage of that minority in the labor area, the Affirmative Action Program must state that an "underutilization" exists for that Job group. m3m' c. The labor area ~for purposes of determining availability) must not be defined in such a way as to minimize the minority count. d. Ultimate goals must be established for all underutilized job groups, and be designed in such a manner as to completely correct the underutilization. e. Specific timetables must be established. f. Rates for hiring minorities and women must be in percentages of total hires, not in total numbers. g. Specific and detailed action-oriented programs (recruitment and training) must also be mentioned. -4- Cit-y of Ukiah , AFFIRMATIVE ACTION GOALS AND TIMETABLES 1. Statistical Basis for Goal Setting A. ~eographical Base In establishing Affirmative Action hiring goals, it is reason- able to include data from the labor market area surrounding the City of Ukiah, including the area within a normal commute distance from the City. Though this may conflict with the City's desire to have its work force reflect its own ethnic and sex composition, we believe it is more appropriate to consider data from the entire pool of potential employees that are available for City employment. A 1974 Federal district court decision, Legal Aid Society of Alameda County v. Brenna, No. C-73-0282, AJ 12, lends legal authority to this concept of the data base for Affirmative Action goal setting. The decision, in part, states that the geographical base for Affirmative Action statistics should be a.reasonable area that optimizes th~ goals to be set for employ- ment of protected groups. The base should include the area from which potential employees could reasonably commute to the agency, but should not be chosen to minimize Affirmative Action hiring goals. The guidelines in the Brennan case have been employed to evalu- ate the possible geographical data bases (recruitment area) for the City of Ukiah, and have concluded that the most appro- priate geographical area is the County of Mendocino. A smaller base would depress the percentage for minorities, while a large base would have to include substantial areas beyond a reasonable commuting distance from the City. B. Sonrce of Minority Group Statistics For our analyses of current utilization and proposed goals for minority hiring we have used data from Table 1 of the 1970 United States Census, which is available from the California Employment Development Department in a series of documents called "California Manpower Indicators from the 1970 Census". We believe these data to be the most accurate generally available at this time, and they 'have the advantage, over the labor force data in U.S. Census Table 6, of including spec~.fic figures for every sizeable minority group (Table 6 includes only two minor- ity groups and an "Other Races" category). If more recent data of comparable reliability should become available in the future, the City should update its goals for Affirmative Action hiring based on the new data. -5- It should be pointed out that the data in U.S. Census Table 1 should be adjusted slightly before use because the "Fourth Count Data" for Spanish-Americans was added after the compilation of data for other groups, which included many of the persons later counted as Spanish-Americans. If the Table 1 figures are used directly, the percentages for all reported groups add up to more than 100%. We have therefore adjusted the figures for the other ethnic groups in a statistically defensible manner to make them consistent with the Fourth Count Data. C. Source of Female StAtistics In setting employment goals for females, we have used the percent- age of females in the civilian labor fource as contained in Table 6 of the U.S. Census. The use of this statistic is supported by prevailing practice in the overwhelming majority of public agencies in California. In ~ddition, it establishes more reasonable goals in view of the fact that some females have voluntarily removed them- selves from the labor market. II. Dptimum Affirmative Action Goals A review of Affirmative Action goa% setting methods used by other California agencies shows that initially exclusive goals for "minor- ities'' and "females" were most common. This approach has the poten- tial for discriminating against minority females and some agencies have now, with FEPC support, begun setting goals for both minority males and ~inority females. The City of Ukiah uses this approach be- cause it is more equitable and does not change the size of the over- all goals. The steps to be followed in determining appropriate goals for females and minority groups are as follows: 1. Determine, by number of positions, the overall goals for females. This is computed by multiplying the percentage of females in Ukiah City civilian labor force (35.36%) by the number of positions in the City work force (117). The result is a goal of 41 positions (.3536 x 117 = 41). The rest of the work force, or 76 positions, is appropriately filled by male workers. 2. Determine, by number of positions, the goals for each minority group within the male and female categories. For example, since 4.02% of Mendocino County population is Spanish-American, that percentage oY the 76 male positions, or 4 positions, ought to be the goal for Spanish-American maleg (.5020 x 76 = 4). The same procedure is used for each minority category for males and females. The resulting proposed Affirmative Action hiring goals for the City of Ukiah are displayed in the next three tables. -6- 0 o o o o o -7- CITY OF UKIAH Table 3. City~ide Female Utilizat~on (In numbers of positions, rounded off to nearest whole position). Current Utilization 18 - . _ Goa 1 41 Under-utilizatJ on 23 · ,, ... _ The preceding three tab.les show overall Affirntattve Action goals for the entire City. Thay should be used to evaluate results and establ, ish hiri~.,,; timetables for City employment as a whole. -9- III. Utilization by EEOC Job and Salary Ca_t_egories In this section we have displayed information about ct~rrent usage of , minorities and females in City employment in each EEOC .job cateaory and salary category. The "Parity Employment" figure is expressed in a range so as to be more easily understood than the actual fraction of a position that results from multiplying the appropriate percentage by the total number of positions in the Job category. The exact figure for parity employment is displayed in parentheses. The naerrepresentation" figure is also expressed in a range. Because IlU ~ consideration of these ranges may result in an inflated overall goal for the category, we have computed for each category a figure express- ing the net number of appointments needed to achieve population parity employment for the category. Because of the finiteness of many of these categories, this ntunber of new appointments will not necessarily accomplish parity for each minority and female group. Taken together, however, these figures correspond closely to the actual number of Affirmative Action hires necessary to achieve Citywide parity employment. The following utilization analyses, preceded-by Tables 4 and 13 which give Citywide staffing in the categories, are. useful 'for determining areas in which to concentrate minority and female employment efforts. We have printed some conclusions on where to concentrate these efforts based on the utilization analyses. -10- ~ou~kI a~q:~O .-4 ~ ueTpuI qsjueds ~j~ou~N ~q~O ~ u~TpuI suo~ :so~ · o~ Ie~o~ ~ ~ ~ ~ ~ ~ ~ .., , ~ ~ 0 ~ ~ ~ ~ ~J ,, -11- CITY OF UKIA]I Table 5.. Minority and Female Utilization in "Official/Administrative" Job Category Current (:it), Work force Parity Emp loynen Underrepre- ~entatJ - Spanish- Ame ri can Male 0 0-1 Female (.23Z) 0-1 (13 Positions) American Indian (.24%) Fema]e 0 0-1 (.13%) 0-1 , Black 0 0-1 (.05Z) 0-1 l:emale 0 0-1 (.02Z) 0-1 Other Minority Ha 1 e (.05Z) 0 Female 0-1 (.03Z) 0-1 , · , White Female 0 4-5 (4.19%) 4-5 Total new a_~oint~needed to--ye parity emplo',ment: 4 ~h~se are currently no "mangement" positions filled by females and only one by a minority. We recommend that the City identify current female employees having management potential, provide on-the-Job-training which would prepare employees for higher level positions, encourage employees to prepare themselves for higher level Jobs through education or outside training and additionally, that strong efforts be made to recruit qualified femal'e employees in the case of an opening at the management level. T.able 6: Minority and Female Utilization in "Professional" Job Category Current Clty Work force Parity Emp 1 oymen t _ Underrepre- sentatlo~% Spanish- American Ma] e (.36%) 0-1 Female (.20Z) _ , 0-1 (11 Positions) American Indian Ma ! e (.20Z) 0-1 (.01Z) ,, , 0-1 Black tiale , 0-1 ,, Fema l e __-- 0-1 0-1 Other Minority ~Yale 0-1 Female (.22%) 0-1 White Female 3-4 (3.54Z) 2-3 .~otal new app_ointment needed to achieve parity employment: 5 There are currently no minorities in "Professional" positions and only one position is filled by a female. We recommend that extensive efforts be made to recruit qualified minorities and females as openings in the professional category occur. 0 ~ 0 0'~ I ~i lO. CITY OF U~IAH Table 7. Minority and Female Utilization in "Technical" Job Category (26 Positions) Spanish- American Other ...... American Indian Black Mino ri ty ~-.~i :e · . _ Male ?'emal e Ma ] ~, Fe.~a le Ila le l:emale ~la le Fem~ le Female __ Current City 0 0 1 0 0 0 0 0 0 Work force Parity 0-1 0-1 0-1 0-1 0-1 0-1 0-1 0-1 ~-9 Employment (.84%) (.46%) (.47%) (.26%) (.09%) (.05%) (.09%) (.05%) (8.37%) _ Undarrepre- 1 0-1 0-1 0-1 0-1 0-1 0-1 0-1 ~-9 sentation . _ tal new appointments needed to achieve parity employment: 10 Of the 26 positions in the Technical classes, 25 positions are filled by white males. Since 10 new appointments are needed to achieve parity employment, strong efforts should be undertaken to recruit and employ qualified minorities and women in these classes. Table 8. Minority and Female Utilization in "Protective Service" Job Category (12 Positions) ,, Spanish- Amc ri can O the r American Indian Black Minority lC~i te ....... Male Female Ma. lc Female ~l~!e Female .~a le Female Fe_-,ale Current City 0 0 0 0 0 0 0 0 0- Work force Parity 0-1 0-1 0-1 0-1 0-1 0-1 0-1 0-1 3-4 Employment (.39%) (.21%) (.22%) (.12%) (.04%) (.02%) (.04%) (.02%) (3.!6%) , __ Underrepre- 0_1 0-1 0-1 0-1 0-1 0-1 0-1 0-1 3-4 sentation Total new appointments needed to achieve parity employment: 5 10~ of the City's protective services positions are filled by white males. We recommend that the City take immediate steps to facilitate the hiring of minorities and females in the protective classes. Because of the preponderance of white males in these positions, we also recommend that in this case, the City establish specific goals and time- tables, based on projected new positions and past rates of turnover, for the departments concerned. CITY OF UKIAH Table 9. Minority and Female Utilization in "Paraprofessional" Job Category (0 Positions) Spanish- American Other Ameri can Indi an Black Minority Whi te Male Female :4al (~ Female liale Female Hale Female Female Current (fity Work force · Parl t y Emp lc'¢ment Underrepre- sen~at ion · No positions in this category Table 10. Minority and Female Utilization in "Office Clerical" Job Category (17 Positions) S p an i sh- Ame r t can O the r American Indian Black Minority White __ Male Female Ma!e Female ;lale Female ,~la le Female Female Current Cl t.y 0 0 0 0 O: 0 0 0 i 17 Work force Parity O-1 0-1 '0-1 ' 0-1 0-1 0-1 0-1 O-1 5 Employment (.55%) (.30%) (.30%) (.17%) (.06%) (.03%) (.06%) (.03%) (5.47%) Underrepr-- 0-1 0-1 0-1 0-1 0-1 0-1 0-1 0 0 sentatlon Total new appointments needed to achieve parity employment: 0 Currently all 17 "office clerical" positions are filled by women. We recommend that the City actively recruit for females when hiring for all other Job categories and as discussed in this report, develop career ladders and promotional opportunities for current employees. -15- CITY OF UKIAH Table 11. Minority and Female Utilization in "Skilled Craft" Job Category , Current Clty Work force Parity Emp loymen t Underrepre- sentation Spanish- American Male 0 1 (. 74%) 1, (.40Z) 0-1 (23 Positions) American Indian (.41%) 0 Female. (.23Z) 0-1 Black :lale 0-1 (.08Z) 0-1 l:ema le 0-1 0-1 Other Minority (.08%) 0-1 Fema 1 e 0 0-1 (.04%) 0-1 White Female 7-8 (7.41%) 7-8 Totsl newa_Eoint~---e~snts"nee~ed~oa~ew parity employment: 9 ---------- No females and only. one minority are currently em~loye~ in "skilled craft" positions. As openings for craft position are anticipated, special efforts in recruiting should be planned. Also current minority employees in lower level classes in related occupational groups should be encouraged to develop skills which would qualify than for the craft positions. , Table 12. Minority and Female Utilization in "Service/Maintenance'' Job Category (15 Positions) Span ish- Amc ri can O the r · American Indian Black Minority White Male Female Male Female :la!e Female ,~in le Fema lc e ~ ~ Femal Current City 1 0 0 O 0 0 0 0 0 Work force Parity 0-1 0-1 0-1 0-1 0-1 0-1 0-1 0-1 5 Employment (.48%) (.271) (.27%) (,.151) (.05%) (.03%) (.05%) (.03%) (4 83%) -- . , , . _ Underrepre- 0 0-1 0-1 0-1 0-1 0-1 0-1 0-1 5 sentation tpp_ ts needed to achieve parity employment: 5 No females and only one minority are currently employed in the "Service/Maintenance" Job category. We recommend strong efforts on the part of the City to recruit qualified females in this area. ' -16- O~ ~ Iot~l ~o. City Positions ~ite Spanish- ~erican Ameri can indian Black Other Hinority Spanish- ~erican ~erican Indian Black Other Hinority CITY OF IJKIAtl Table 18. Minority and Female Utilization in "$16,000-24,999" Salary Category (24 Positions) Spanish- American Other American Indian Black Minority White Male Female ,Male Female ~ale Female ,'lale Fem~ le Female Current City 0 0 1 O 0 0 1 O 1 Work force Parity 0-1 0-1 0-1 0-1 0-1 0-1 0-1 O-1 7-8 Employment (.78%) (.43%) (.43%) (.24%) (.09%) (.05%) (.09%) (.05%) (7.737) Underrepre- 0-1 0-1 0 0-1 0-1 0-1 0 0-1 6-7 sentatlon · Total new appointments needed to achieve parity employment: 7 Although there are females and minorities currently represented in this salary category, there is a need to recruit, promote and employ more females and minorities in this category. Table 19. Minority and Female Utilization in "$25,000 Plus" Salary Category (4 Positions) Spanish- Ame ri can O the r Ameri can Indian Black Minor i ty Wh ite Male Fema]c Male Female ~lale Female ~nle Fema lc Female Current City 0 0 0 0 0 0 0 0 0 Work force Parity. 0~1 0-1 0-1 0-1 0-1 0-1 0-1 0-1 1-2 Employment (.13%) (.07%) (.07%) (:04%) (.01%1 (.01%) (.01%) (,01%) (1.29%) Underrepre- 0-1 0-1 0-1 0-1 0-1 0-1 0-1 0-1 1-2 sentatton Total new appointments needed to achieve parity emplol,ment: 1 -18- CITY OF UKIAII Table 14. Minority and Female Utilization in "$6,000-7,999" Salary Category (6 Positions) Spanish- Ame ri can O the r Ameri can Indian Black Mino ri ty ~%i te · Male Female Male Female. ilale I:eraale :!ale Female Female Current Clty 0 0 0 0 0 0 0 0 6 Work force Parity 0-1 0-1 0-1 0-1 0-1 0-1 0-1 0-1 2 Employment (.19%) (.11%) (.117.) (.06%) (.02%) (.01%) (.O2%) (.01%) (1.937,,) Underrepre- 0-1 0-1 0-1 0-1 0-1 0-1 0-1 0-1 0 aentatton - Total new appointments needed to achieve parity emplon~ent: 0 Table 15. Minority and Female Utilization in "$8,000-9,999" Salary Category · (9 Positions) Spanish- Ame ri can O the r American Indian Black Minority White Male Female Male Female ~lale Female ?lale Female Female Current City 0 0 0 0 0 0 0 0 4 Work force Parity 0-1 0-1 0-1 0-1 0-1 0-1 0-1 0-1 3 Employment (.29%) (.161) (.16I) ('.097.) (.03%~ (.02%) (.03%) (.02%) (2.90%) Underrepre- 0-1 0-1 0-1 0-1 0-1 0-1 0-1 0-1 0 aentatton Total new appointments needed to achieve parity employment: 0 -19- CITY OF UKIAH' Table 16. Hinority and Female Utilization in "$10,000-12,999" Salary Category Current City Workforce Parity Employ:n(:nt Underrepre- 8entat~on Spanish- American Male Female (.62%) 0-1 (.63Z) (35 Positions) American Fema 0 0 1 0-1 0-1 , 0-1 0-1 (.35Z) (.13Z) (.07Z) 0-1 0-1 0-1 0-1 0 ----'r-.- Total new appointments needed to achieve parity employment: 5 White Female 6 li-i2 (11.27Z) 5-6 Table 17. Minority and Female Utilization in"$13,000-15,900" Salary Category · Spanish- American Male Fema 0 0 · Parity Current City Work force (39 Positions) Ams ri can Indian Male 0 Fe ma l__.______~e. Black re ma l___._____~e Other Minority ~lale Fema 1 e White Female 0 . 1-2 0-1 '0-1 , 0-1 0-1 0-1 0-1 0-1 Employment (1.26% ~(..71%) (.39%) (.14%) (.07%) (.14%) (.08%) Unde rrepr,- ~ ~ 0-1 0-1 0-1 0-1 aentatloa Total new apEointments needed to ~~ parity employment: 16 White males currently hold 100% of tile positions in this salary category. This points to the need for aggressive efforts to' employ and/or promote females and minorities at higher salary levels in the City of Ukiah. . 12-13 (12.56%) 12-13 Five Year Plan for Affirmative Action 1. Establishment of Hiring Goals The chart on page 23 represents proposed Affirmative Action hiring goals for the City over a five year period. It is important to recognize that proposed Affirmative Action goals are just that; goals, not quotas. The establishment of staffing goals and timetables is an integral part of an Affirmative Action Program. In recognition of this fact, and in recognition of the fact that there has been concern on the part of some that the establishment of such goals in essence constitute a "quota system", four Federal agencies charged with the responsibility of working with local governments on their Equal Employment Opportunity efforts .issued a policy statement on the subject of permissible goals and time- tables in local government employment practices. The following are excerpts from the March 23, 1973, memorandum issued by the Equal Employment Opportunity Commission, the Department of Justice, the U.S. Civil Service Commission, and the Department of Labor Office of Federal Contract Compliance on the subject of permissible goals and timetables in State and local government employment practices. "This Administration has, since 1969, recognized that goals and time- tables are in appropriate circumstances a proper means for helping to implement the' nation's commitments to equal employment opportunities through affirmative action programs. On the other hand, the concepts of quotas and preferential treatment based on race, color, national origin, religion and sex are contrary to the principles of our laws, and have been expressly rejected by this Administration. "Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, conferred on the Justice Department and the Equal Employment Opportunity Commission enforcement responsibilities for eliminating discriminatory employment practices based upon race, color, national origin, religion, and sex by state and local government employers as set forth in that Act. In addition, under the Intergovernmental Personnel Act and the merit standards statutes, the Civil Service Commis- sion has an obligation to attempt to move state and local governments toward personnel practices which operate on a merit basis. The Depart- ment of Labor and other Executive Branch agencies have responsibilities in the area of equal employment opportunities as it affects state and local government employers. This memorandum addresses the question of how the agencies in the ExecUtive Branch (e.g., CSC, EEOC, Justice, Labor and other Federal agencies'having equal employment opportunity responsibilities) should act to implement the distinction between proper goals and timetables on the one hand, and impermissible quotas and pre- ferences on the other, with due regard for the merit selection principles which many states and local governments are obliged to follow, and which some state and local government employers do not properly follow with regard to equal employment opportunities. -21- o o -22- ! . o "Under a system of goals, therefore, an employer is never required to hire a person who does not have qualifications needed to perform the Job successfully; and an employer is never required to hire such an unqualified person in preference to another applicant who is qualified; nor is an employer required to hire a less qualified person in preference to a better qualified person, provided that the qualifications used to make such relative judgments realistically measure the person's ability to do the job in question, or other jobs to which he is likely to progress. The terms "less qualified" and "better qualified" as used in this memo- randum are not intended to distinguish among persons who are substantially equally well qualified in terms of being able to perform the job success- fully. Unlike quotas, therefore, which may call for a preference for the unqualified over the qualified, or of the less qualified over the better qualified to meet the numerical requirements, a goal recognizes that persons are to be judged on individual ability, and therefore is consistent with the principles of merit hiring . . ." The five year timetable takes into consideration three chief factors: the turnover rate in the City work force, projected new positions, and the availability of qualified minority and female applicants. The turnover rate for the total full-time City work force has averaged about 8 positions per year. The projected number of new positions to be' added to the City work force in the immediate future is in question due to economic uncertainties. However, the number of new positions that would be added to the work force over the next five years (if any) would be very small. Given these dynamics, we are presuming that the City will have approximately 8 "opportunities to hire" each year for the next five years. Regarding the availability of qualified minority and women applicants, we are making the assumption that qualified minority and female applicants for City vacancies will be available in proportion to their relative percentages in the five counties population and civilian labor force. We believe this assumption is appropriate for the specified timetables which are geared to the overall City work force rather than to specific occupational categories. The Five Year Plan is based on the assumption that the City commit about half of the positions that become vacant in the next five years to Affirmative Action hiring. It should be noted that the yearly hiring goals assume retention of existing employees in these categories; the 5 proposed female hires in the first year, for example, will increase the percentage of females employed by the City only if current female em- ployees are retained or replaced by females in addition to the 5 Affirma- tive Action hires. -23- In implementing the Five Year Plan, the City should attempt to employ minorities and females in the areas identified in Tables 6 to 19 as having the greatest deficiencies. This strategy will move the City towards the dual goals of parity employment City-wide and parity employment in all job categories and at all salary levels of City employment. Because of the finiteness of some of the job categories and salary levels and because turnover-is less frequent in-some areas than in others, it may not be possible to achieve parity employment for all minority and female groups in each category within a five year period. This does not excuse the City, however,-from making extensive, good faith efforts towards the overall goal of parity employment. Adoption of the five year goals and timetable in Table 20 are intended to be a significant step towards this goal, and will symbolize the City Council's firm commitment and willingness to make itself accountable for Affirma- tive Action progress. -24- Ci'ty of b~kiah 2. Wherever possible, do not use written tests. If written tests are used, be sure they have been properly validated for content and applicability. Cooperate with Cooperative Personnel Services to validate written tests. Even though we use their tests, we are legally responsible for their content and validity.. Whenever possible use demonstration of ability as basis for establishment of eligibility lists. If oral inter- view boards are used, have minority group representation and attempt to have two members of 3 person board comprised of other than City of Ukiah employees. 3. Continue to advertise aggressively. Use the required legal ad- vertisement in the local daily paper plus sending flyers, bulletins, re- quests for applications, etc., to the following minority representatives and any other minority groups that may be located and follow up with per- sonal contact with the groups to solicit applications and extend assistance on procedures. 4. Establish selected apprenticeship programs staffed with representa- tives from minority groups at the lower, middle, and higher ranges of our salary schedule. Upon satisfactory completion of a specified training pro- gram, and when a vacancy exists, permit the apprentice to take a probation- ary a~pointment to the position without further competition. 5. Maintain a file of all applications, properly documented as to action taken, for at least 5 years. 6. Criminal convictions prior to five years before date of applica- tion are to be ignored when the position is one of an unskilled nature. (Law enforcement personnel are prohibited by law from having a felony record) -25- , RECRUITMENT NOTIFICATION LiST CEb[R P.O. Box 112 Ukiah, Ca. 95482 Mendocino Co~,.ntv IndJ. a Health Project 108 W. Clay Street Ukiah, Ca. Carol Nickerman Placement/Coop-Ed R.O.C. 575 Low Gap Road Ukiah, Ca. Catholic Ladies League Pat Enemark 150 Mendocino Place Ukiah, Ca.. California Human Development 516 S. State St. Ukiah, Ca. American Association of University Women Mrs. Passof 155 Deborah Court Ukiah, Ca. League of Women Voters Mrs. Guy Smith 411 Luce Avenue Ukiah, Ca. Theta E~a Sorority Mrs. Don Bua 203 Laws Avenue Ukiah, Ca. ,. Ukiah Women's Bowlino Assoc Mrs. Angelo Fardi~%i 214 E. Clay St. Ukiah, Ca. Busimess and Professional Womens Club Betty Johnson P.O. Box 212 Ukiah, Ca. -26- Chapter NV of P.E.O. ~ister- hood Mrs. Robert Magruder 9000 West Road Potter Valley, Ca. 95469 Mendocino County Indian tlealth Project 108 W. Clay St. Ukiah, Ca. Mrs. Arlene Camp Hinthil Womens Club P.O. Box 309 Willits, Ca. 95490 XI Beta Tau Connie Garzini 2251 Mill Creek Rd. Ukiah, Ca. Mendocino County Legal Secretaries Association Norma Daniels 3601 McClure Road Ukiah, Ca. Mrs.. Margene White ~ite Feather Indian Service 680 Pinoleville Drive Ukiah, Ca. Mrs. Anabelle Whipple Round Valley .Indian Health Project P.O. Box 448 Covelo, Ca. 95428 Nicomendes Vera Consilio Latino Americano P.O. Box 217 Ukiah, Ca.. David Classic Viet Nam Era Vets ' P.O. Box 98 · Westport, Ca. 95488 Ukiah Saturday Afternoon Club · P.O. Box 505 Ukiah, Ca. Alpha Beta Zeta Sorority, Inc. Dorothy Heth 501 Zinfandal Drive Ukiah, Ca. -27- · Ladi. es Auxil. iarv Ce V.F.W. Post #1900 Minnie Alexander 6600 East Side Road Ukiah, Ca. North Coast Opportunities, Inc. P.O. Box 449 Ukiah, Ca. -28- REVIEW OF THE EMPLOYMENT APPLICATION FORM' The City of Ukiah's application form was reviewed according to the current standards published by the California Fair Employment Practices Commission, Overall the application appears to be in conformance with most of the FEPC standards, for the City has omitted any questions relating to applicant's sex, marital status or national origin. How- ever, several questions still appear on the application which do not appear to be Job-related. These questions are: Birthdate and Age: Questions regarding age or date of birth may be used to violate the Age Discrimination Employment Act of 1967, which prohibits discrimina- tion against individuals who are between the ages of 40-65 years, except where age is a "bona fide occupational qualification". It is acceptable to ask a question which determines that the applicant meets the minimum age for employment (State and-Federal laws should be examined for legal restrictions). If the above information is necessary it can be gathered at time employ- ment is offered. Workmen's Compe~sati.on~and Health questions: Questions relating to medical history could be discriminatory to physically handicapped candidates, and they are often not Job-related. Needed medical information may more appropriately be obtained in a later step in the selection process, usually as a last step preceding the Job offer. Persons with a medical disadvantage, then, would be given a chance to complete and prove their capabilities with preceding steps of the selection process. Again, unless definite Job-relatedness can be established, medical history should not be a determining factor in selection. Hi, lit, sty Statu. s: The FEPC guidelines on "pre-employment Inquiries" state that "general" questions on military experience and questions on type of discharge are not permissible. It is however appropriate to ask for the kinds of work experience gained while in military service. As military work' experience would be covered in the portion of the application form on "Experience", it is unlikely that any specific questions regarding military service are needed. -29- !lave you ever been convicted of a misdemeanor or felony: It is permissible to ask for information on convic..tions, however, the form should state that minor traffic violations and Juvenile offenses are not to be included. Additionally, it should be made clear to applicants, by a statement on the form, that a criminal record will not necessarily exclude them from employment, but rather that factors such as age at the time of the offense, rehabilitation efforts, and recency and seriousness of the crime will be considered. Also, the relationship between the offense and particular Jobs should be wei§hed. It should be noted also that State Law (AB 255) now prohibits an employer from asking an applicant to disclose information concerning an arrest that did not result in a conviction. The Law however does not apply to applicants seeking a position as a peace officer or a position in a law enforcement agency which would provide access to criminal offender record information. Driver's License Number: Questions seeking driver's license n~mber'should only be asked for positions requiring the use of motor vehicle. Highest ~rade co~pleted/Last school attend.ed/Date 70U, left school: These questions can be used to discriminate against applicants between the age of 40-64 who are protected under Title VII of the Civil Rights Act. We recommend these questions be eliminated from the application form. Even where an applicant's age is a bona fide occupational qualification, e.g., Law Enforcement classes, the question of when one attended elementary and high school is irrelevant to succesful Job performance.