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Legislation #: 010482 Introduction Date: 3/29/2001
Type: Ordinance Effective Date: 7/29/2001
Sponsor: None
Title: Amending Chapter 2, Code of Ordinances by repealing Sections 2-366, Responsibility for equal employment opportunity/diversity program, and 2-367, Complaints, by enacting in lieu thereof two new sections of like number and subject matter.

Legislation History
DateMinutesDescription
3/29/2001

Prepare to Introduce

3/29/2001

Referred Finance and Audit Committee

4/4/2001

Hold On Agenda

4/11/2001

Hold On Agenda

4/18/2001

Do Pass

4/19/2001

Assigned to Third Read Calendar

4/26/2001

Held on Docket

5/3/2001

Held on Docket

5/24/2001

Held on Docket

6/7/2001

Re-Referred

6/13/2001

Hold On Agenda

6/20/2001

Hold On Agenda

7/11/2001

Do Pass as a Second Committee Substitute

7/12/2001

Assigned to Third Read Calendar

7/19/2001

Passed As Second Substitute


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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 010482


 

Amending Chapter 2, Code of Ordinances by repealing Sections 2-366, Responsibility for equal employment opportunity/diversity program, and 2-367, Complaints, by enacting in lieu thereof two new sections of like number and subject matter.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 2, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 2-366, Responsibility for equal employment opportunity/diversity program, and 2-367, Complaints, by enacting in lieu thereof two new sections of like number and subject matter, to read as follows:

 

Sec. 2_366. Responsibility for equal employment opportunity/diversity program.

 

The office of equal employment opportunity/diversity will be responsible for the development and administration of a comprehensive equal employment opportunity/diversity program. This office shall be responsible for the following functions:

 

(1) Encourage and promote programs for women and members of minority groups that involve them at all levels of city employment.

 

(2) Formulate the city equal employment opportunity/diversity program, procedures and problem identification for each department. In this regard, the office will work with the department director or his/her designee to establish individual department policy.

 

(3) Design and implement monitoring and reporting systems to measure the effectiveness of the city's equal employment opportunity/diversity program.

 

(4) Design and implement a system internally to mediate and/or resolve employee complaints of allegations of discriminatory treatment.

 

(5) Attempt to insure that all persons are accorded equal employment opportunities by city departments.

 

(6) Develop programs and policies that create an atmosphere in city government that values diversity and equal treatment regardless of race, religion, color, ancestry, sex, national origin, age (over 40), disability or sexual orientation.

 

(7) Accumulate and evaluate data from all departments to attempt to insure appropriate employment opportunities for minorities and women in all job classifications of the city.

 

(8) Mediate/conciliate employee complaints of harassment or inappropriate sexual conduct filed under section 2_367 of this article.


Sec. 2_367. Complaints.

 

(1) The office of equal employment opportunity/diversity will oversee and keep records on the enforcement of the Citys harassment policies

.

(2) Any employee who alleges that he or she is being treated differently than other employees because of his or her race, sex, religion, national origin or ancestry, disability, sexual orientation or age, or who alleges that another person has violated the citys harassment policies may file a written complaint with the office of equal employment opportunity/diversity on forms provided by the office which shall set forth the particulars thereof and any such other information that may be required by the EEO office. If a complaint involves an alleged discriminatory demotion, suspension, termination, hiring or promotion, the EEO office will refer the employee to the appropriate office in accordance with subsections (6) and (7) of this section.

 

(3) Employees are urged to promptly report violations of the Citys harassment policies. Any supervisory employee who receives a complaint of harassment or who observes or otherwise becomes aware of any such conduct shall promptly report it to the EEO office.

 

(4) During the period beginning with the filing of such complaint, the office on equal opportunity/diversity shall to the extent possible, engage in conciliation/mediation to seek to resolve the complaint.

 

(5) Investigations of complaints of harassment or inappropriate sexual conduct. Upon receiving a complaint or report of harassment or inappropriate sexual conduct, the EEO office immediately shall take whatever action is necessary to protect the person making the complaint from any harassment or retaliation and to end any harassing conduct that may be ongoing. The EEO office may investigate the complaint or may assist the department from which the complaint came to investigate the complaint, if appropriate. If it is found that a violation of the harassment policies has occurred, the EEO office may recommend corrective or disciplinary action to the appointing authority, which action shall be reasonably calculated to end or to prevent the recurrence of any harassment.

 

(6) Complaints of discriminatory demotion, suspension or termination. An employee who alleges that he or she was discriminatorily demoted, suspended or terminated may present those allegations to the Human Resources Board in an appeal brought pursuant to that Boards procedures. No independent investigation of such allegations will be conducted by the EEO office.

 

(7) Complaints of discriminatory hiring or promotion. An employee who alleges that he or she was discriminatorily denied a job or a promotion may present those allegations to the EEO office, which will investigate the allegations and advise the appointing authority, City Manager and the Director of Human Resources of the results of its investigation. Any such complaint must be filed within 180 days after the alleged discriminatory act or practice occurred. In the event an employee files a complaint alleging the same discriminatory act or practice with the Equal Employment Opportunity Commission (EEOC) or any court or other commission or board, the complaint shall be addressed by the EEOC, court or other commission or board and the EEO office shall cease its investigation.

 

(8) Complaints to outside agencies. City employees may also make any complaints of discrimination to the Equal Employment Opportunity Commission or the Missouri Commission on Human Rights in accordance with the procedures and limitations applicable to those agencies.

 

________________________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Assistant City Attorney