KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 980245 Introduction Date: 3/5/1998
Type: Ordinance Effective Date: 4/5/1998
Sponsor: COUNCILMEMBERS SIMMONS, GLOVER, STACKHAUS, SWOPE AND BACCHUS
Title: Amending Chapter 2, Code of Ordinances, by enacting new Sections 2-364 through and including 2-369, restating and codifying the City´s Diversity Policy.

Legislation History
DateMinutesDescription
3/5/1998

Prepare to Introduce

3/5/1998

Referred Finance & Administration Committee

3/11/1998

Hold On Agenda

3/18/1998

Hold On Agenda

3/25/1998

Advance and Do Pass as a Committee Substitute

3/26/1998

Passed as Substituted


View Attachments
FileTypeSizeDescription
No attachment(s) found

Printer Friendly Version

 

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 980245

 

Amending Chapter 2, Code of Ordinances, by enacting new Sections 2-364 through and including 2-369, restating and codifying the Citys Diversity Policy.

 

WHEREAS, the City of Kansas City, Missouri has enacted legislation prohibiting discrimination in public accommodations, housing and employment on the basis of race, sex, religion, national origin, age (over 40), color, disability and sexual orientation; and

 

WHEREAS, human resources practices and procedures within the City of Kansas City should not discriminate, through disparate treatment or disparate impact against anyone, in violation of any federal or state civil rights statute, executive order, rule, regulation or judicial decision; and

WHEREAS, the City of Kansas City states its intention to direct efforts with good faith toward:

a) determining the extent to which there is a manifest imbalance of protected population groups by race, ethnicity or gender in traditionally segregated job categories;

b) identifying and eliminating specific causes of such manifest imbalance;

c) identifying and eliminating all employment practices which tend to have an adverse impact on any population group protected by applicable law by consideration of factors not clearly related to job performance;

 

d) identifying and eliminating any type of discriminatory behavior by its employees based on race, sex, religion, national origin, age (over 40), disability, color, sexual orientation; and

 

WHEREAS, the employment practices of the City of Kansas City and the operation of its services and facilities should serve as a model for business, industry and labor; NOW, THEREFORE,

 

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 enacting new Sections 2-364 through and including 2-369, restating and codifying the Citys Diversity Policy, to read as follows:

Sec 2-364. Equal opportunity of employment and anti-harassment policies.

 

(a) It shall be the policy of the City of Kansas City that all persons regardless of race, religion, color, ancestry, sex, national origin, age (over 40), disability, or sexual orientation shall have an equal opportunity of employment including: recruitment, hiring, training, benefits, transfers, layoffs, demotions, terminations, compensation, and any other terms or conditions of employment.

 


(b) It shall be the policy of the City of Kansas City, Missouri that inappropriate sexual conduct directed at or sexual harassment of employees will not be tolerated in the City workplace and is hereby prohibited. The Director of Human Resources shall maintain a policy against sexual harassment and inappropriate sexual conduct, including where such conduct may be reported.

 

(c) The City shall establish, maintain, carry out and evaluate a continuing Equal Employment Opportunity/Diversity Program designed to promote equal opportunity for minorities and women in their recruitment, employment, development, advancement and treatment.

 

(d) All City employees shall be notified of the City Equal Opportunity/Diversity Program and sexual harassment policy.

 

(e) Retaliation against any person because he or she has made a report, testified, assisted or participated in any manner in an investigation under this policy or opposed any practice prohibited by these policies will not be tolerated in the City workplace and is hereby prohibited.

Sec 2-365. Equal Employment Opportunity/Diversity Program.

 

(a) An Equal Employment Opportunity/Diversity Program is a set of specific results-oriented procedures to which all City Departments must make a good faith effort to develop and promote equal employment opportunities. An Equal Employment Opportunity/Diversity Program must include an analysis of areas wherein the City has a manifest imbalance in the hiring, promotion and other terms or conditions of employment of members of minority groups and women in traditionally segregated job categories. The City must develop policies and procedures to correct any manifest imbalance and materially increase the opportunities for minorities and women at all levels of City employment where there exists a manifest imbalance. The City must identify and analyze any problems that are impediments to minorities and women.

 

(b) The City shall include at least the following in its Equal Employment Opportunity/Diversity Program:

 

(1) A statistical evaluation by Department by job category of the Citys workforce representation by race, ethnicity and gender.

 

(2) A comparison of the Citys workforce by job category to the area labor market to determine the availability of women and minorities for all job categories.

 

(3) Determination of any manifest imbalance of women and/or minorities by job category.

 

(4) Identification and elimination of the specific causes of such manifest imbalance.

 

(5) Identification and elimination of all employment practices which tend to have an adverse impact on any population group protected by applicable law.

 

(6) Development and recruitment of qualified minority and women applicants to eliminate any manifest imbalance of these protected groups.

 

(7) Identification of any traditionally segregated job categories where a manifest imbalance exists with regard to race or sex or ethnicity and allowing the use of race, ethnicity or sex as one factor which may be considered positively when selecting among qualified applicants for a position in a job category with a manifest imbalance.

 

(8) Such support data for the above analysis and program, and maintain as part of the Citys Equal Employment Opportunity/Diversity Program (e.g., applicant flow data for all new hires by race, ethnicity and gender; application ratios by race, ethnicity and gender, etc.).

 

(9) Methodologies for infusing respect for diversity principles in the city workforce.

 

Sec. 2-366. Responsibility for Equal Employment Opportunity/Diversity Program.

 

The City Manager shall create the Office of Equal Employment Opportunity/Diversity that will be responsible for the development, and administration of a comprehensive Equal Employment Opportunity/Diversity Program. This Office shall be part of the Human Resources Department and 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 Citys 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 filed under section 2-367 of this ordinance.

 

Sec. 2-367. Complaints.

 

(a) Filing of a complaint

 

(1) Except as provided in subsection (3), any employee claiming injury by an allegedly discriminatory practice or act may file a written complaint with the Office of Equal Employment Opportunity/Diversity on forms provided by the Office which shall state the name of the person alleged to have committed the alleged discriminatory practice or act complained of and shall set forth the particulars thereof and any such other information as may be required by the Office of Equal Employment Opportunity/Diversity.

 

(2) Any complaint filed under this section must be filed within 180 days after the alleged discriminatory act or practice was committed.

 

(3) In the event an employee files a complaint with the Equal Employment Opportunity Commission (EEOC) or the complaint is within the jurisdiction of the Human Resources Board or has been filed in any court or any other commission or board, the complaint shall be addressed by the EEOC or Human Resources Board or court or commission or board and not by the Office of Equal Employment Opportunity/Diversity.

 

(b) Conciliation.

 

(1) 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.

 

(c) Harassment Complaints/Investigations.

 

(1) Employees are urged to promptly report sexual or racial harassment, inappropriate sexual conduct and any other form of harassment prohibited by civil rights law.

(2) Complaints of harassment shall be promptly investigated and appropriate conciliation action reasonably calculated to end harassing conduct shall be taken by the Office. When appropriate, the Office shall recommend corrective or disciplinary action to the appointing authority.

 

Sec 2-368. Equal Employment Opportunity/Diversity Program Implementation.

 

The City Manager has ultimate responsibility for providing equal employment opportunity in the City and causing each department to make a good faith effort to achieve the intent of the City Equal Employment Opportunity/Diversity Program. Each Department Director shall work to implement the City Equal Employment Opportunity/Diversity Program within their respective Department. Each Department Director, as part of his or her annual evaluation, shall be reviewed concerning the implementation of the City Equal Employment Opportunity/Diversity Program. In the event a deficiency is found, the Human Resources Director or his or her designee will work with the Director to identify prohibiting factors and offer any assistance necessary to successfully implement this program.

 

Sec. 2-369. Advisory Committee.

 

(a) The City Manager shall annually designate an advisory committee to work with the Office on Equal Employment Opportunity/Diversity to monitor the development of the City Equal Employment Opportunity/Diversity Program. The Committee shall be composed of seven (7) members as follows:

 

(1) City Manager or designee;

 

(2) Director of Human Resources;

 

(3) Director of Human Relations;

 

(4) Directors of four other Departments to be rotated annually.

 

(b) The Committee shall meet at least quarterly to review reports created by the Office of Equal Employment Opportunity/Diversity concerning the implementation of the City Equal Employment Opportunity/Diversity Program. The Committee shall recommend certain corrective steps that need to be taken as a result of the quarterly reports.

 

(c) The Committee will meet with the City Manager annually by April 1st, to approve the next fiscal year Equal Employment Opportunity/Diversity Program.

 

________________________________________________

 

Approved as to form and legality:

 

_____________________________

Assistant City Attorney