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Legislation #: 910289 Introduction Date: 3/14/1991
Type: Resolution Effective Date: 3/14/1991
Sponsor: COUNCILMEMBER SHIELDS
Title: Directing the City Auditor to investigate the extent to which the assets of City funded retirement systems adhere to principles of nondiscrimination in employment and freedom of workplace opportunity.

Legislation History
DateMinutesDescription
3/14/1991

Immediate Adoption

3/14/1991

Adopted


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RESOLUTION NO. 910289

 

Directing the City Auditor to investigate the extent to which the assets of City funded retirement systems adhere to principles of nondiscrimination in employment and freedom of workplace opportunity.

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WHEREAS, the Nine MacBride Principles of Fair Employment for Northern Ireland seek to guarantee to all citizens of Northern Ireland equal access to employment; and

 

WHEREAS, said MacBride Principles were first proposed in 1984 by Dr. Sean MacBride, Nobel laureate and a founder of Amnesty International, Protestants Dr. John Robb and Ms. Inez McCormack and Roman Catholic Rev. Brian Brady, and present a constructive and non-violent means of addressing a major cause of conflict and dissension in the Six Counties; and

 

WHEREAS, the 1986 amplified version of the Nine MacBride Principles of Fair Employment for Northern Ireland reads as follows:

 

1. Increasing the representation of individuals from underrepresented religious groups in the work force including managerial, supervisory, administrative, clerical and technical jobs.

 

A work force that is severely unbalanced may indicate prima facie that full equality of opportunity is not being afforded all segments of the community in Northern Ireland. Each signatory to the MacBride Principles must make every reasonable lawful effort to increase the representation of underrepresented religious groups at all levels of its operations in Northern Ireland.

 

2. Adequate security for the protection of minority employees both at the workplace and while traveling to and from work.

 

While total security can be guaranteed nowhere today in Northern Ireland, each signatory to the MacBride Principles must make reasonable good faith efforts to protect workers against intimidation and physical abuse at the workplace. Signatories must also make reasonable good faith efforts to ensure that applicants are not deterred from seeking employment because of fear for personal safety at the workplace or while traveling to and from work.

 

3. The banning of provocative religious or political emblems from the workplace.

 

Each signatory to the MacBride Principles must make reasonable good faith efforts to prevent the display of provocative sectarian emblems at their plants in Northern Ireland.

 

4. All job openings should be publicly advertised and special recruitment efforts should be made to attract applicants from underrepresented religious groups.

 

Signatories to the MacBride Principles must exert special efforts to attract employment applications from the sectarian community that is substantially underrepresented in the work force. This should not be construed to imply a diminution of opportunity for other applications.

 

5. Layoff, recall and termination procedures should not in practice favor particular religious groupings.

 

Each signatory to the McBride Principles must make reasonable good faith efforts to ensure that layoff, recall and termination procedures do not penalize a particular religious group disproportionately. Layoff and termination practices that involve seniority solely can result in discrimination against a particular religious group if the bulk of employees with greatest seniority are disproportionately from another religious group.

 

6. The abolition of job reservations, apprenticeship restrictions and differential employment criteria, which discriminate on the basis of religion or ethnic origin.

 

Signatories to the MacBride Principles must make reasonable good faith efforts to abolish all differential employment criteria whose effect is discrimination on the basis of religion. For example, job reservations and apprenticeship regulations that favor relatives of current or former employees can, in practice, promote religious discrimination if the company's work force has historically been disproportionately drawn from another religious group.

 

7. The development of training programs that will prepare substantial numbers of current minority employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade and improve the skills of minority employees.

 

This does not imply that such programs should not be open to all members of the work force equally.

 

8. The establishment of procedures to assess, identify and actively recruit minority employees with potential for further advancement.

 

This section does not imply that such procedures should not apply to all employees equally.

 

9. The appointment of a senior management staff member to oversee the company's affirmative action efforts and the setting up of timetables to carry out affirmative action principles.

 

In addition to the above, each signatory to the MacBride Principles is required to report annually to an independent monitoring agency on its progress in the implementation of these principles; and

 

WHEREAS, the City Council is aware of the problems of unemployment and discrimination in Northern Ireland and the attendant ills which arise from such a situation and declares its support for investment in the Six Counties by the City's various pension funds, provided that the following minimal equal opportunity criteria are met; NOW, THEREFORE,

 

BE IT RESOLVED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the City Auditor is directed to investigate by means of a survey the extent to which United States corporations operating in Northern Ireland in which the assets of City funded retirement systems are invested adhere to principles of nondiscrimination in employment and freedom of workplace opportunity. In making this determination, the Auditor shall consider, without limitation, the following standards for corporate activity:

 

1. Equal access to employment, promotion, and job

preservation without regard to religious affiliation or other minority status;

 

2. The promotion of religious tolerance within the

workplace, and the eradication of any manifestation of religious and other illegal discrimination;

 

3. Adherence to other legal and regulatory guidelines

for nondiscrimination and equality of opportunity existing in Northern Ireland; and

 

4. Adherence to the MacBride Principles for Northern

Ireland.

 

Section 2. To determine which United States corporations in which the assets of City funded retirement systems are invested operate in Northern Ireland the Auditor shall utilize the MacBride Principles and U.S. Companies in Northern Ireland by Helen E. Booth and Kenneth A. Bertsch, published in 1989 by the Investor Responsibility Research Center, Inc., (IRRC) 1755 Massachusetts Avenue, N.W., Washington, D.C. 20036.

 

Section 3. Said survey shall include but not be limited to, a copy of this Resolution, the dollar amount invested by City funded pension systems in each corporation, a copy of pages 79 to 84 and the corporation profile in the publication noted in Section 2, and requests for the following information from each corporation:

 

1. A statement as to whether the information contained

in the attached IRRC corporation profile is correct and current and if not, the correct or current information.

 

2. A description of any investigations, findings and

decisions by the Fair Employment Agency, Commission or Tribunal for Northern Ireland concerning the corporation.

 

3. A statement as to whether the corporation has

adopted the MacBride Principles and if not, why not.

 

Section 4. The Auditor is further directed to report the results of his investigation by filing a report with the City Manager not later than July 1, 1991. Such report shall include, but not be limited to, the names and addresses of all United States corporations operating in Northern Ireland in which the assets of such retirement systems are invested, the dollar amount invested by each fund in each corporation, and the findings of the Auditor relative to the corporation's adherence to the standards for corporate activities established in this Resolution.