Sec. 2-125. - Applicability of equal employment opportunity program.
Secs. 2-126—2-135. - Reserved.
There is hereby created an office of employee relations consisting of two (2) divisions; the labor relations division and the equal employment opportunity division (EEO).
(Ord. No. 41620, § 1, 12-21-72)
(a)
The city will maintain a policy which ensures city employees the right to present grievances concerning their wages, hours of work, or conditions of work, either individually or through a representative that does not claim the right to strike.
(b)
The city will maintain a policy of equal employment opportunity. No employee or applicant for employment will be denied employment or promotion because of race, color, religion, sex, or national origin. Fair and impartial treatment will be extended to all employees and applicants.
(Ord. No. 41620, § 1, 12-21-72)
Grievances concerning wages, hours of work or conditions of work and formal complaints of discrimination may be registered with the office of employee relations. Grievances concerning wages, hours and conditions of work are subject to discussion between the individual, or his representative, and city management represented by the labor relations division. Additionally, formal complaints of discrimination will be promptly investigated by the EEO division of employee relations and the findings will be acted upon without undue delay. Employees or applicants registering formal complaints of discrimination will be free of reprisal, harassment, intimidation, or retaliation.
(Ord. No. 41620, § 1, 12-21-72)
The office of employee relations, under the direction of the director of employee relations, will be established within the office of the city manager and will be responsible for the following functions as specified by division:
(1)
Labor relations division:
a.
Discusses, arbitrates, or negotiates with employees, or their representative, on matters concerning wages, hours, and working conditions in such a manner that is not inconsistent with the public policy as established by statutes of the state;
b.
Stays abreast of labor laws, court decisions and other developments in the field of public sector labor relations which may affect city personnel management, and advises city management in these matters;
c.
Develops and maintains current labor market data. Conducts comparability surveys and studies. In conjunction with the director of personnel determines parity and equity of jobs; develops productivity measures for judging organizational output and means of improving productivity and, such other information which assists city management in maintaining a fair and equitable posture with regard to employee wages, hours, and conditions of work;
d.
Develops and maintains current a grievance review system consistent with the city Charter and in keeping with such understandings as may be arrived at with employees;
e.
Assists city departments in developing contingency strike plans;
f.
Monitors and assists in implementing such agreements as may result from conferring with employees on labor grievances;
g.
May, at the direction of the city manager, represent the city position on labor matters to state or federal government officials;
(2)
Equal employment opportunity division:
a.
Implements and monitors an equal employment opportunity program in accordance with the guidelines established by federal legislation;
b.
Works closely with city departments to ensure that city employees and applicants have an opportunity to express complaints of discrimination based on race, creed, color, sex and national origin. Complaint filed with EEO will prompt immediate investigations with findings reported to the office of the city manager. Findings also will be relayed to the complainant and other persons officially involved. When it is determined that a violation has occurred, the corrective action will be taken without undue delay and will be monitored to ensure compliance;
c.
Provides counseling as to fair employment practice provisions of law to employees, applicants, and supervisors of all levels of management. Assists the city training officer, as required, to acquaint city employees with the EEO program;
d.
Insures that assistance is available to aid employees who may lack the skill to submit a written complaint;
e.
Is responsible to establish an interview technique and checklist to assure a thorough and complete investigation of all written complaints.
(Ord. No. 41620, § 1, 12-21-72)
Sec. 2-125. - Applicability of equal employment opportunity program.
The following provisions of this division are also applicable to the EEO program:
(1)
The director of the department in which the complaint arose will cooperate and require all employees of the department to cooperate with the EEO officer investigating the complaint. All employees having any knowledge of the complaint shall furnish statements of testimony under oath without a pledge of confidence.
(2)
If the complaint is found to be unwarranted, the complainant will be notified of such. The manager's office may conduct further investigation, confirm or deny the original decision. If there are legal questions involved, the complaint will be sent to the city's legal department for review.
(3)
EEO division employees, complainants, EEO counselors, individuals providing information regarding complaints, shall not be harassed, intimidated, reprised, or retaliated against in any way preceding, during or upon completion of any EEO investigation.
(4)
Nothing in this division will be construed to lessen a supervisor's obligation to supervise those under him nor will it be construed to permit an employee to act in a disrespectful manner prejudicial to good order.
(Ord. No. 41620, § 1, 12-21-72)