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HomeMy WebLinkAbout06/17/1991 BAKERSFIELD Lynn Edwards, Chair Patricia j. DeMond Mark Salvaggio Staff: Maureen Cotner AGENDA PERSONNEL COMMITTEE Monday, June 17, 1991 4:15 p.m. City Manager's Conference Room 1. 1990 Affirmative Action Plan 2. Employee Assistance Program Provider Contract 3. Request for Proposal: Comprehensive ClassifiCation/Compensation Study 4. Job Specification Revision: Building Director CHANGES IN AFFIRMATIVE ACTION PLAN From 1989 to 1990 Following is an outline of the proposed changes to the 1990 Affirmative Action Plan. The changes were made to update factual information about the City such as: department names, department heads, employee population, recruitments, dates, etc. Aisc, current outreach efforts being made by the departments were added. No basic policy changes have been made. 'Legend: ( ) = explanato~! comments e,t#keeu~ = dele#ons to the previous plan undedinin.q = addi#ons to the previous plan Page 4 First ¶: o All Fire Stations o Departmental bulletin Boards at the Police Station o Departmental bulletin Boards at the C!,.'!c ?.ud!tc'_r!um Convention Center Sixth ¶: o Personnel Office o Job-Posting Board outside Personnel o Employee Break Rooms at City Hall o Employee Break Rooms at the. Police Station o All Fire Stations o C!';!c Auditeri'--'m Convention Center o Offices and Break Room at the Corporation Yard o Martin Luther Kinq Community Center Eighth ¶: o City Manager Dale Hawley o Public Works Ed Schulz 0 t'~'" "~'""~' '"";~ ' Water & Sanitation Paul Dow o Police Robert Patterson o Finance Greg Klimko o Fire Dennis Needham Economic/Community Development Jake Wager O ,A, ,~li~,-,,,;, ,,.~ ~,-,,-,,i,-,,~.. f'~l.~,-li~ Community Services Leland Andersen 90CHANGE. DOC 1 o City Attorney Art Sa~lficld Lawrence Lunardini o Planning/Buildin.q . Jack Hardisty Pa,qe 6 First ¶: The Personnel Division is ....... *' .... +~-"--~.~ ..... ~-.--,~,,. ......... · ............. u ~ ~¥stc,,'~, ........ · ';:3 ,,~,,~¥ --..........,.,~"" .....,...... monitors the outreach recruitment efforts to further develop successful sources. Fourth ¶: The Personnel Division is ....... +~ ...... ~'"'+~"" ~ ........"~"+~",u-' has obtained personnel database software for the purpose of reviewing and monitoring all phases of the examination, selection and hiring process. ~ h bce ;'"+~"~ ""~ "+;'"""'~ '"' yccr SiRma Software, which was' updated in 1990, has been utilized for two years.. It tracks all applicant flow data and ide'ntifies potentially invalid questions or criteria. (This topic is aOdressed on page 13, last ~.) Pa~e 7 First ~, Sentence 3: To this ena, the Ci~ has e~ablishe~ a tuition reimburseme~ program, where 100% of tuition and fees (equivalent to tuition an~ fees at CalEornia State Universe, Baker~eld), and expenses for te~, are reimbursed upon success~l completion of ~ob-relatea coursework. Pa~e 9 First ~: ~e wor~orce utilization analysis w~ pedormed using da~ refle~ng the employee popuimion of the Ci~ of B~er~eld effete * ....... I ~non Auqust 13, 1990, whereas the histoncai information and recru~me~ d~a i~ effe~Ne December 31, 1989. ~e analysis was conduced on four separ~e Io~tions where Ci~ employees work: Ci~ Hall (including the Planning Annex ................... Convention Center, an~ the Economic Development Office), Corporation Yar~, Police Depa~ment and Fire Depa~ment (including employees assigne~ to all fire stations). 90CHANGE. DOC 2 Second ¶: This analysis consists of a comparison of the actual utilization of minorities and females in our work force population to the distribution of protected groups in the populations from wlnich we recruit. This recruitment population distribution is reflected in the "parity" numbers shown in the analysis. In other words, parity is the ideal number of people that would b~ employed by race, sex and ich cate.qory if employment proportionatel,~, matched the recru tment nonulatio -m .......~,.,,,.,,, ..... I.,,,.,., · . . ,- ~ n ................... ~...~. ........ Parity Is determined by using a number of different weighted factors, such' := These include the population of Kern County, ef those in Kern County with the requisite skills to perform the duties of the job level, or ef the internal promotional population. Pa.qe 11 (Graph updated to include 1989 data.) Pa.qe 12 (City Hall Utilization Analysis updated to reflect City of Bakersfield employee population as of August 13, 1990. Attached please find the 1989 Utilization Analysis to use'as a comparison to the one in the updated plan. Differences between the two years are minor.) Page 13 First ¶: The Departments or Divisions included in the area of City Hall are primarily of an engineering or administrative function. They include the City Manager's Office, City Attorney, Finance, Personnel, Risk Management, Planning, Economic and Community Development, Building, Data Processing, City Clerk, C!v!c A'_'ditcrium Convention Center, and Public Works Engineering. Third ¶: Throughout -I-888 1990, divisions represented in this analysis engaged in numerous activities which enhanced the character of the City of Bakersfield as an affirmative action employer. These can be summarized as follows: Fourth ¶: o Staff members, for example in Personnel, Planning, CMc A'_'d!tCrlum Convention Center and Purchasing, made presentations to various institutions and groups regarding the many functions the City fulfills. and the career opportunities available with the City. 90CHANGE. DOC 3 Sixth ¶: o Members of the Personnel staff aCtively participated in a number of community organizations, including the Department of Fair Employment and Housing Roundtable, the Employers Advisory .Group, and the Mayor's Committee for the Handicapped :,-~, Eighth ¶: o The City Attorney's Office and Personnel made presentations to a .... ~,,,. ,,~ r%,:..:,.,,.,,, department heads supervisory personnel and employees regarding the prohibition of sexual harassment, race, reiiclion or national ori.qin discrimination. Pa.qe 14 After First ¶: o :;,.~,, .... ,4 n.,+. ~ ...... : ....~,..,.~.,..~, ,::..,,....,-. ..... ,~..,:,,,,: +.,. (Data Processing offered this opportunity to one employee during the prior year. It was not offered during 1990 due to lack of requests.) (The following will be added to the next revision of the Plan: Finance offers a flex time schedule to the department staff. Thin allows employees an opportunity to attend classes to reset their educational qoals.) s'.g'pe,";:~cr! ........ I ~,.., ,.,,.,,.,,~,.,,,,.;+,, +,., (Due to budgetary constraints, additional staff was not provided.to perform this function. This issue will be presented to the new Personnel Manager for future consideration.) Second ¶: o The City Manager has continued to be an active advocate of the National Urban Fellows Program, and served as a mentor for a Fellow who served as a Special Assistant to the City Manager during -1-888-88 1989-90. 90CHANGE. DOC 4 Thrird~¶: 0 The Personnel Office actively promoted the "' Summer Jobs for Youth Program, which fosters development and continued education of disadvantaged high school students. City employed te~ eight students during -1-988 1990. ' Fourth ¶: o The Economic/Community Development Department participates annuallY in the Coop Program at Cai State by employing one to four students. This program encouraqes students to pursue careers in public employment. o Information about the City is disseminated by the Economic/Community Development and Public Works Departments at Street Fairs and the County Fair. These efforts assist long-term in the hiring of females and minorities. o Personnel in many divisions participate in Teen Government Day. High school students ,qet a chance to witness city government in action for one day and are made aware of the job opportunities available in the public sector. o Public Works positions are advertised at the American Public Works Association Seminars to recruit females and minorities. o The Planning Department promotes careers in planning by annually participating in Hi,qb School Career Days and giving presentations at grade schools and various service clubs. o Hi,qh school and colleqe students are given detailed tours of the Convention Center with the objective of providinq an awareness of jobs available and encoura.qing students to complete their education. Pa,qe 15 First ¶: o The annual Career Days sponsored by the Kiwanis Club is held at the Convention Center. Information is made available on a variety of. occupations as well as the education required. This helps students prepare in advance for their future careers. City of Bakersfield Police and Fire Departments both participate in this event. o The Finance Department offers a flextime schedule to staff members. This allows employees an opportunity to attend classes to meet their educational goals. (Recruitment listing waS updated to reflect 1989 efforts rather than 1988.) 90CHANGE. DOC 5 Pa~es 16-18 (Representative Job Titles updated to .reflect current titles being used.) Pa.qe 19 (Corporation Yard Utilization Analysis updated to reflect City of Bakersfield employee population as of August 13, 1990. Attached please find the 1989 Utilization Analysis to use as a comparison to the one in the updated plan. Differences between the two years are minor.) Pa.qe 21 Seventh ¶: In addition, Personnel staff members ~,----~--~ ~--~,-*,, ' .............. ~ mcct',,-,~s in thc. ......... -~-.~- ..................................... are available to familiarize employees with successful methods for applying for and competing in recruitments ' ..... ~ .... ~'~' ........ · ....~,,,-· ....................... ,~R , p:rsc~n:l ' " prcmct!:,-. :up--,r';:c~W The Personnel Division presents Supervisory Traininq ProRrams which will educate employees as to their responsibilities relative to affirmative action and equal opportunity employment (Recruitment listing updated to reflect 1989 rather than 1988.) PaRe 22 - 23 (RePresentative Job Titles updated to reflect current titles being used.) Pa.qe 24 (Grapt~ updated to include 1989 data.) PaRe 25 (Fire Utilization Analysis updated to reflect City of Bakersfield employee population as of August 13, 1990. Attached please find the 1989 Utilization Analysis to use as a comparison to the one in the updated Plan. The increase in the "Protective Services" population was due to the addition of nine (9) new positions for the new firestation 'opened in 1990. Female representation in the Firefighter ranks decreased from four to one. Other differences are minor.) 90CHANGE. DOC 6 Pa.qe 26 First ¶: The majonty of employees in this Department fall in two categories: Professional. anct Protective Services. A review of the utilization analysis performed in this-area reveals that adequate female representation is lacking in the Protective Services level, which is composed exclusively of Fire Fighter, and Fire Engineer ~-,,~ c~... ~....,~,.~, -r~.,.~,.,~,.~., While departmental percent female representation has more than doubled between 1983 and -1-g88 1990 (from 3.9% to g:gcs~ 7.96%), this increase in actual utilization only reflects an increase in the number of females from 6 to -l-g 1.~6. In the same periocl, the total number of minorities represented in the Department increased from 32 to ;~ 3__~6, and greater representation is needed. Second ¶: Because most positions al0ove the entry level position of Fire Fighter are restricted to personnel currently employed in the Department it is critical that Fire Strengthen its representation of all protected classes in the Fire Fighter ranks. These internal-promotion-only positions are: Fire Engineer, Fire Captain, De,ut-; F!re Chief, Fire Battalion Chief, Fire Marshall, Assistant Fire Chief, Deputy Fire Chief and Fire Chief. In order to achieve parity, the Department must focus on recruiting a greater number of females and minority applicants for the entry level Fire Fighter position. The most recent Fire Fighter recruitment, conducted in ~ 1989, resulted in a total of 294 282 applicants, of which ;z8 113 were females or minorities. The recruitment strategy included targeting minority and females with bulletins announcing the recruitments. In Iookinq to the future, the Fire Department has increased its emphasis on social responsibility and made public education a top priority. Their strateq¥ is to be proactive rather than reactive. A method of accomplishin.q ' this qoal is throu.qh participation in a variety of community-related activities They have become involved in many Proqrams such as Adopt a Senior anrt Adopt a School to name a few. In addition to education the community of fire safety issues, such participation makes the public aware of career opportunities in the Bakersfield Fire Department. Pa.qe 27 (Recruitment listing updated to reflect 1989 rather than 1988.) 90CHANGE. DOC 7' Page 28 (Representative Job Titles updated to reflect those currently being used.) Page 29 (Graph updated to include 1989 data.) Page 30 (Police Utilization Analysis updated to reflect City of Bakersfield Police Department employee population as of August 13, 1990. Attached please find the 1989 Utilization Analysis to use as a comparison to the one in the updated plan. In 1990, Police Ueutenant was changed .from the Professional to the Official/Administrators Category and Police Sergeant was changed from the Technician to the Professional Category. Therefore, the numbers will not be comparable from 1989 to 1990 in those three categories.) Page 31 Second ¶: The Police Department represents the largest number of employees, relative to all other Departments, and because of its structure, has the greatest opportunities for internal development. The composition of the Department is ~3% 65% white male, ~ 16% minority and 24% female. Fourth ¶: Recruitment for Entry Level Police Officer: In recognition of the need for a well-balanced applicant pool, with a large number of females and minorities, the Police Department, in conjunction with Personnel, conducted three one open recruitment for Police Officer in -1.888 1990. Last sentence: The recruitments resulted in 4-t-8 369 total applicants, of which 49 61 were females and -148 121 were minorities. Fifth ¶: A video has been developed by the Police Department that gives an insight into the job of a Police Officer. Staff members present this video at iob fairs throuRhout the state. Page 32 (Recruitment listing updated to reflect 1989 rather than 1988.) Page 33 (Representative Job Titles updated to reflect those currently .being used. Police Ueutenant changed from Professional to Official/Administrators Category and Police .Sergeant Changed from. Technician to Professional Category.) Exhibits (The exhibits are located at the end of the Plan are were Updated to reflect current organizations.) 90CHANGE. DOC 8 WORKFORCE UTILIZATION ANALYSIS WORK LOCATION: CITY HALL CAUCASIAN BLACK ~ · HISPANIC ASIAN AM. IND. H F H F H F M F M F FFICIAL/ Actual 15 4 0 i 2 0 0 0 1 0 kDMINIST.~ATORS Parity 12 6 1 0 1 1 1 0 1 0 ROFESS iONALS Actual 33. 14 4 0 4 2 4 1 2 0 Parity 31 22 2 1 3 2 I i 1 0 ECHNICIA=NS Actual 19 9 3 1 1 1 1 0 0 Parity 20 9 3 0 1 2 0 0 0 0 ?.OT-~ CTI?E Actual S ERVI CiS Parity ~RA- Actual 4 8 0 1 0 0 0 0 0 0 PROFESSIONALS Parity 4 7 0 1 0 1 0 0 0 0 ~F!C=-/ Actual 2 25 0 1 0 11 0 0 0 1 Cr.~RICAL Parity 9 22 0 1 3 4 0 0 0 1 ~ILLED Actual LRAFT~WOP. K~RS Parity :RVICE Actual 3 1 2 0 6 0 0 0 0 0 LAINT~-NA/~CE Pari'.y ~ 3 i 0 '2 1 0 0 0 0 :TAL Acnua! 76 ~ 1 9 4 13 14 5 1 3 1 Parity 81 69 7 3 !0 11 2 1' 2 1 :fective 12/31/88 WORKFORC~ UTILIZATION .ANALYSIS WORK LOCATION: CORPORATION YARD CAUCASIAN BLAC~ HISPANIC ASIAN AM. i/TD. M F M F M F M F H F ?FICIAL/ Ac=ual ~ 0 I 0 ' 2 0 0 0 1 0 LDMINIS ~.'T<ATCRS Pari=y 5 0 1 0 2 0 0 0 1 0 '~0FESSIONALS Ac=ual 21 4 7 0 7 1 0 ! 0 0 Pari=y 26 4 4 0 ~ 1 0 1 0 0 ~ICIA~S Actual 19 1 0 0 2 0 0. 0 0 0 Parity 16 '! 1 0 4 0 0 0 0 0 .0TM CTL',/E Ac=ual -~A- Ac=uat 3 2 0 0 0 0 0 I ~ 0 PROFESSIONALS Par±=y 5 1 '0 0 0 0 0 0 0 0 7ICl/ Ac=ual 0 8 0 2 0 0 0 i '0 0 ~r.~RICAL Parity 2 6 0 1 I 1 0 0 0 0 iI~D · . Actual 55 0 8 0 39 1 1 0 0 0 ~3~FT'WORKERS Pari=y 50 ! 14 0 37 0 1 0 1 .- 0 ~/CI Ac=~a! 30 3 23 0 45 0 1 0 1 0 ~I~I~ENANCE Parity 37 16 13 ! 30 4 1. 0 1 0 '~L Ac'~ual 133 1S 39 2 95 2 2 3 2 0 Par±~y 141 29 33 2 79 6 2' 1 3 0 ac~±ve 12/21/S8 WORKFORCE UTILIZATION A2~ALYSIS WORK LOCATION: FIRE CAUCASIAN BLACK HISPANIC. ASIAN AM.IND. M F M F. M F M F M F ..... ~- Ac=ual !.0 0 0 0 1 0 0 0 1 0 .~DM.N.S..~ 0RS Pariuy II 0 0 0 0 0 0 0 ! 0 ~OFESSiONALS Actual 40 ! 0 0 0 0 0' 0 2 0 Paris? 20 2 2 0 5 0 i 0 3 0 E--~-2~iCi~S Actual 6 4 0 0 -1 i 0 0 0 0 Pariuy 5 5 0 0 1 ! 0 0 0 0 ROTECTII~ Actual 79 4 5 0 - 15 0 2' 0 7 0 SERVICES Parl~y 64 18 3 1 15 5 i 0 5 0 ;iRA- Ac=ual 1 0 0 Q 0 0 0 0 0 0 PROFESSIONALS Parl~y 1 0 .0 0 0 0 0 0 0 0 ~FIC~/ Actual 0 7 0 0 0 ! 0 1 ~0 0 CLeRiCAL Par~'! 2 5 0 0 1 1 0 0 0 0 '.~T,T,~D Ac=ual 2 0 0 0 0 0 0 0 0 0 I.RAF~^'OPS~RS Par~uy i 0 0 0 1 0 0 0 0 0 Ei~ViCE Ac=ual ~ ~.%_L? ~ c-..~ ~ . --- ' ...... 138 16 ~ 0 17 2 2 ! !0 0 Pari~'! 114 30 5 1 23 7 2 0 9 0 ffac~±ve 12/? 1,,"~8 WORKFORCE UTILIZATION ANALYSIS WORK LOCATION: POLICE CAUCASIAN BLACK HISPANIC ASIAN AM. IND. M F M F M F M F M F FFICiAL/ Ac~uai 4 0 0 0 0 0 0 0 0 0 ADMINIS~-"~RATORS Paris? 3 1 0 0 0 0 0 0 0 0 ~OFESS iONALS Actual 8 3 2 1 1 0 2 0 1 0 Parity .!I 4 1 0 1 1 0 0 0 0 EC~INICiA/~S Ac~ua! 21 19 i 0 ,0 3 i 0 2 0 Parity 24 !! 1 1 5 3 i 0 1 0 ~OTECTI%~ Actual 159 5 !i 1 13 0 2 0 I 0 SERVICES Parity 120 31 7 2. 20 8 2 0 2 0 .%/~A- Ac=ual 2 16 0 1 ! 0 0 0 0 0 PROFESSIONALS Parity !! 5 1 0 2 1 · 0 0 0 0 ~FICE/ Ac=ual. 1 !7 0 3 0 7 0 0 0 0 C~I~iCAL Pariny 6 16 0 1 2 3 0 0 '0 0 ~LL~D Ac~ua! 0 0 0 0 0 0 0 0 0 0 'iRAE?WOPJ~F~ - Parity 0 0 0 0 0 0 0 0 0 0 ERVi CE Ac~ua! 1 0 0 0 3 0 0 0 0 0 :.Skii~TZI~i~CE Parl~y 2 1 0 0 1 0 0 0 0 0 ~-AL At.ua! !96 60 14 6 18 !0 5 0 4 0 Parity 177 69 !0 4 21 16 3 0 3 0 = i';e 12/21/88 1990 Affirmative Action Plan City of Bakersfield CITY OF BAKERSFIELD 1990 AFFIRMATIVE ACTION PLAN OUTLINE .POLICY STATEMENT I. STATEMENT OF PURPOSE II. GOALS III. RESPONSIBILITY IV. DISSEMINATION OF POLICY V. IMPLEMENTATION OF PLAN A. Recruitment .B. Examination, Selection and Hiring' C. Training and Development D. Promotion and Upward Mobility E. Disciplinary Actions F.~ Employee Separation: Voluntary. and Involuntary G. Discrimination Complaints and Appeals Procedure VI. WORKFORCE'UTILIZATION ANALYSIS The following information is provided for the geographic locations of City Hall, Police Department, Fire Department, and the Corporation Yard: o Comparison, by ethnicity and gender, of parity as representative of availability in the recruitment area vs. representation in the City of Bakersfield workforce, by position level o Narrative analysis of utilization o Examples of job titles POLICY STATEMENT ' EQUAL OPPORTUNITY EMPLOYMENT AND WORKPLACE HARASSMENT The City of Bakersfield is committed to equal opportunity for all individuals, and to ensuring that no applicant or employee is discriminated against because of age, race, color, religion, sex, national origin or handicap. Decisions on employment matters are to be based solely on merit as determined by job-related criteria. It is recognized that the practice of fair employment, already existing, can be further enhanced with a more specific commitment' to this concept. The development of our Affirmative Action Program will assist the City in meeting the goal of equal opportunity in employment and promotion. This Program. will apply to all aspects of City .employment, including but not limited to recruitment, selection, compensation (salary and other benefits), promotion, training and education opportunities, transfers, layoffs and leaves of absence. Factors such as the proportion of various minorities in the Kern County labor market, as compared to job classifications within City Departments, shall be used when possible' in formulating appropriate goals in the Program. Further, the City of Bakersfield requires strict adherence to the. dictates of Title VII of the 1964 Civil Rights Act, and regulations of the California Fair Employment and Housing Commission (Title 2 S2787.~), which prohibit any.form of harassment in the workplace. Ail individuals are entitled to be treated with dignity and respect in the workplace;, the use of sexual, racial or ethnic slurs, jokes or derogatory comments are inappropriate, unacceptable and will not be ~olerated. Any employee who believes he or she has been the subject of discrimination or sexual harassment should report the alleged act immediately to his or her immediate supervisor, shop. steward, or the Personnel Manager. An investigation of a complaint, will be undertaken immediately. Any employee who has been found to have sexually harassed or discriminated against another employee will be subject to appropriate disciplinary action, up to' and including termination. My personal commitment to this policy is very strong; my expectation is that every employee will endeavor to pursue the intent and spirit of this policy in all aspects of their employment. I. STATEMENT OF PURPOSE This Affirmative Action Program is intended to reinforce the merit principle in public employment. It should not be interpreted as gragting "preferential treatment" to specialized population groups, nor to hiring under-qualified 'candidates for employment.. It is intended, however, to provide equal opportunity to.all who seek employment and promotions within the City. This is a working tool which promotes the 'use of purely job-related employment practices, and prevents all non-job related, barriers to employment. The .purpose of the City Affirmative Action Program is threefold: o To convey the ongoing commitment of the City. of Bakersfield to affirmative action and equal opportunity for all individuals2 Affirmative Action is intended to establish fair and equal opportunity for all persons to compete for available jobs. The implementation of this Program recognizes that projected demographics reflect the changing character of the State of California and the City of Bakersfield, and that we can expect growing representation of minority groups.in the population and labor 'market. As a public entity, it is our duty. and responsibility to meet the needs of our constituents by anticipating and. addressing these changes, and making efforts to ensure adequate representation of minority groups in the City's labor force. o To establish measurable standards by which the results of our Affirmative Action program may be monitored. o To provide a plan which aids in meeting the goal of equal opportunity in all employment practices. It is the policy of the City of Bakersfield to not tolerate sexual harassment of or by its employees; as such, those engaging in such conduct will be subject to disciplinary action up to and including termination. Sexual harassment includes, an unwelcome verbal, visual or physical, conduct of a sexual nature. All employees of the City of Bakersfield are reminded that the affirmative action concept is an integral, meaningful part of all emplOyment practices. Every employee is responsible for creating a supportive work climate conducive to achieving the goals included in the program; obstruction of the intent or process of equal opportunity employment will not be tolerated, and may lead to disciplinary action up to and including termination. 2 II. GOALS The goal of the City of Bakersfield is that all employees and applicants receive equal and equitable consideration in hiring, promotion and all employment practices. In addition, the city is committed to the continued prevention of any form of sexual harassment in the workplace. The objective of Affirmative Action Program is to achieve protected group representation in the City's workforce such that it reflects the recruitment population of Kern County. Section VI of this document provides a comparison of current utilization to availability. III. RESPONSIBILITY .The Personnel Manager is designated as the Affirmative Action Officer, and as such is responsible for all aspects of this Affirmative Action Program, including its planning~ coordinating, implementing, monitoring and reporting. Specifically, the Program will be reviewed and updated on an annual basis; on an ongoing basis, the Affirmative Action Officer will identify problem areas and establish, corrective measures for them. Further~ the Affirmative Action Officer is responsible for communicating to all City employees the goals and objectives of the Affirmative Action Program, and for informing management.of current developments in the eqUal opportunity area. Management personnel and first line supervisors are responsible for making employment decisions that 'are consistent with the objectives of the Affirmative Action Program. Line supervisors are.charged with the responsibility of informing their workforce of current and projected developments in equal employment opportunity. The ultimate responsibility for the success of the program lies with all employees of the City of Bakersfield; this plan commits all managers, supervisors and employees to follow the spirit and intent of this program and to the support of its objectives. IV. DISSEMINATION OF POLICY The City of Bakersfield Affirmative Action Policy statements will remain prominently posted in- conspicuous places throughout employment locations, including: o Job posting board outside the Personnel Office o City Manager's Office' o Meeting Room at the Corporation Yard o Emplqyee Break Rooms at City'Hall 3 o Ail Fire Stations o Departmental bulletin Boards at the Police Station o Departmental bulletin Boards at the Convention Center The substance of this policy, which bears the signature of the City Manager, is communicated to all new employees in the employee handbook, and reiterated at employee orientations. · .~ Copies of the Program and Policy are available to employees, community groups, outside agencies and interested individuals. In utilizing the' various advertising media to announce recruitment, the City of Bakersfield will continue to include the clause "We Are An Equal Opportunity Employer". The statement "An Equal Opportunity/Affirmative Action Employer: Women, Minorities and Handicapped Individuals Are Encouraged to Apply" is included in all job posting bulletins. A poster provided by the EEOC relative to Equal Employment Opportunity (exhibit A), and a poster provided by the California Department of Fair Employment and Housing relative to discrimination in employment (~xhibit B) are displayed in the following locations: o Personnel Office o Job-Posting board outside Personnel o Employee Break Rooms at City Hall o Employee Break Ro6ms at the Police Station o - All Fire Stations o Convention Center o Offices and Break Room at the Corporation Yard o Martin Luther King Community Center A'copy of the Affirmative Action Program, in its entirety, has been provided to Department Heads of the' following Departments: o City Manager Dale Hawley o Public Works Ed Schulz Water & Sanitation Paul Dow Police Robert Patterson o Finance Greg Klimko Fire Dennis Needham o Economic/Community Jake Wager'~ Development o Community Services Leland Andersen o City Attorney Lawrence Lunardini o Planning/Building Jack Hardisty V. AFFIRMATIVE ACTION PLAN IMPLEMENTATION A continuing activity within the City is the ongoing, reView of employment practices to ensure that practices, terms and conditions do not impede the achievement of this Affirmative Action Program's objectives. This section summarizes the methods used in implementation of the Program, and highlights those actions or projects undertaken to enhance the effectiveness of the Program. A. RECRUITMENT The efforts of the Personnel Division have been directed toward recruiting the maximum number of applicants, and ensuring that protected class applicants are well represented. We will continue to identify the City of Bakersfield as an equal opportunity employer to all recruitment sources, and continue to use the following methods to increase the number of applicants we receive for each job opening: 1. Job posting bulletins Will be sent to specific minority and female resource agencies and contacts (see exhibit C). 2. When specialized professional or technical ~ecruitment exist, we will contact those agencies likely to have access to qualified applicants (see exhibit D). 3. Recruitment announcements will be placed in minority newspapers, minority language radio stations and other sources servicing a predominately female or minority audience. 4. We will continue to seek referrals from the Employment Development Department 5. Job opportunities will be publicized in businesses, schools, clubs, churches and other establishments frequented by members of the minority community (see exhibit E). 6. We will actively recruit and advertise through the higher education institutions, such as ~akersfield College, California State University, Bakersfield, Delano College Center and Cerro Coso Community College (Edwards). Other schools may be added if a more extensive recruitment effort is needed. 7. Recruitment source lists will be obtained from the 'Department requesting the recruitment. 5 The Personnel Division monitors the outreach recruitment efforts to further develop successful sources. Staff is available for presentations to schools, community groups, church groups' and others, and to 'advise and counsel prospective applicants on testing and job requirements. B. EXAMINATION, SELECTION AND HIRING The City's employment examination, selection and hiring practices will continue to be evaluated to determine that the best qualified applicants for a position are identified, regardless of sex, race, religion or national origin. Any practice which is determined to have a discriminatory effect will be eliminated. Minimum requirements for positions with the City of Bakersfield will be continuously reviewed to insure they do not include any barriers to. equal employment opportunity. All standards used in the selection process must be valid and realistically relevant to job and professional requirements; such specifications are maintained in writing in the Personnel Office and are summarized in all recruitment bulletins. The Personnel Division has obtained personnel database software for the purpose of reviewing and monitoring all phases of the examination, selection and hiring process. Sigma Software, which was updated in 1990, has been utilized for two years. It tracks all applicant flow data and identifies potentially invalid questions or criteria. Select'ion techniques other than written examinations are being utilized where appropriate. These include assessment centers, performance tests and structured technical oral tests. Oral BOards are generally composed of an individual who is knowledgeable in personnel policy and procedures, and two members of the workforce at large who are subject matter experts. The personnel professional will brief oral board members to assure that questions are consistent, relevant, non-discriminatory and provide an equal, opportunity for applicants to present their qualifications. Whenever possible, the Oral Board will include a member of a protected group. C. TRAINING AND DEVELOPMENT The City's Affirmative Action Program is intended to assure that employees at all levels have equal opportunity for advancement. 6 The City recognizes that through,appropriate training programs, employees are afforded the opportunity to increase their effectiveness in~ their current position and develop skills necessary to successfully compete for promotional opportunities. Continuing education is an effective means of ensuring that employees are provided that opportunity. To this end, the City has established a tuition reimbursement program, where 100% of tuition and fees (equivalent to tuition and fees at California State University, Bakersfield), and expenses for texts, are reimbursed upon successful completion of job related coursework. Additionally, the City provides employees at all levels in-house continuing technical or professional development education and 'reimburses employees for attendance at such continuing education seminars. The City encourages all employees to take advantage of the programs designed to qualify fhem for promotion and upgrading. Training is also used to educate department and division managers regarding their responsibility in the area of Affirmative Action and prohibition of all forms of harassment. D. PROMOTION AND UPWARD MOBILITY When a promotional position is identified, ~the City will survey for those who may be potential candidates from within our workforce. If it is determined that an insufficient number of 'qualified 6andidates exists within the City employee population, we will employ our usual open recruitment procedures. All procedures relative to promotional opportunities will adhere to those standards established for open recruitment. For all positions, established education and experience standards exist, and are clearly stated in job posting bulletins. All standards used in the promotion of employees will be realistically related to the position. All promotion requirements will be applied in a non-discriminatory manner. All transfers .and promotions will be based on skill, knowledge, abilities and the supervisor's recommendation, in accordance with personnel pOlicy. E. DISCIPLINARY ACTIONS The City's existing progressive disciplinary practices and procedures are based exclusively on actions justifying disciplinary measures; all actions are conducted free of discrimination. The Affirmative Action Officer will be advised of all disciplines where any employee alleges by way of defense that the disciplinary action proposed is due to the employees inclusion in a protected class. 7 F. EMPLOYEE SEPARATIONS: VOLUNTARY AND INVOLUNTARY The AffirmatiVe Action Officer will closely examine every instance of involuntary separation to determine if any discrimination, overt or concealed, is a factor in the decision to terminate. The Affirmative Action Officer will conduct an annual review and analysis of all employee separations to identify adverse impact of protected classes; corrective action will be recommended if such impact exists. The Personnel Division will maintain records of employee separations, including documentation of the reason for separation, to identify any adverse impact. Exit interviews will be conducted with all separating employees to determine the reason for an employees separation; the individual will be given the opportunity to confidentially discuss elements of their job and reasons for termination. G. DISCRIMINATION/HARASSMENT COMPLAINTS AND APPEALS PROCEDURES Any employee' who believes they have been the subject of discrimination or harassment should report the alleged act to the appropriate authority. To accommodate the unique nature of discrimination and harassment complaints, a grievance process is provided for the primary purpose of resolution of a complaint at the earliest possible date. Elements of this process are: Complaint Advisor: The City's Personnel Manager will be available to receive discrimination and harassment complaints. The Manager will counsel the employee and outline the options available to them, and obtain a factual' written statement of the complaint. The Manager will then assist in a follow-up investigation and recommend disposition of the complaint. Department Head: The Department Head will, authorize investigation of the complaint, review the information collected to determine whether the alleged conduct constitutes harassment, and authorize appropriate action. Confidentiality: Every effort will be made to protect the privacy of parties involved in a complaint. Appeals Process: If the employee filing the discrimination or harassment complaint does not find relief in the action authorized by the Department Head, they may pursue the complaint by advising the Personnel Manager and the City Manager of the nature of.the complaint. 8 VI. UTILIZATION ANALYSIS The workforce utilization analysis was performed using data reflecting the employee population of the .City of Bakersfield effective August 13, 1990, whereas the historical information and recruitment data is effective December 31, 1989. The analysis was conducted on four separate locations where City employees work: City Hall (including the Planning Annex, Convention Center, and the Economic Development Office), Corporation Yard, Police Department and Fire Department (including employees assigned to all fire stations). It reflects only full-time regular employees, and does not include our temporary employee population. It should be noted, however, that our temporary employee program allows many minorities and females to gain valuable experience which may qualify them to compete in open recruitments for full, 'time regular City employment. The analysis consists of a comparison of the actual utilization of minorities and females in our work force population to the distribution of protected groups in the populations from which we recruit. This recruitment population distribution is reflected in the "parity" numbers shown in the analysis. In other words, parity is the ideal number of people that would' be employed by race, sex and job category if employment proportionately matched the recruitment Population. Parity. is determined by using a number of different weighted factors. These include the population of Kern County, those in Kern County with the requisite skills to perform the duties of the. job level, or the internal promotional population. The "job category'' are those classifications of jobs that have historically been reported by the City of Bakersfield to state and federal agencies in the annual EEO-4 report. The following page defines the job categories and provides examples of titles. Following each work location's analysis, we have provided examples of titles for each job category at that specific location. An historic perspective ~f utilization is provided separately for the Fire and Police Departments. Because historical statistics for all other Departments were commingled prior to 1988, we cannot separately indicate the utilization in City Hall and the Corporation Yard. The combined data is presented in the graph which precedes the utilization analysis for City Hall. It should be noted that the workforce utilization analysis d6es not provide .goals and timetables. The parity figures are furnished to provide managers with information as to where discrepancies with parity may exist, and to encourage them to correct that disparity as .opportunities present themselves. As stated earlier, the goal of this Affirmative Action Plan is to provide measurable progress towards achieving parity. 9 DESCRIPTION OF JOB CATEGORIES - (1) OFFICIALS AND ADMINISTRATORS: Occupations in which employees set broad policies, exercise overall responsibility for execution of these policies, or direct individual departments or special phases of the agency's, operations, or provide specialized consultation on a regional, district or area basis. (2) PROFESSIONALS: Occupations which require specialized and theoretical knowledge which is u%sually acquired through college training or through wOrk experience and other training which provides comparable knowledge. (3) TECHNICIANS: Occupations which require a combination of basic scientific or technical knowledge and manual skill which can be obtained through specialized post-secondary School education or through equivalent on-the-job training. (4) PROTECTIVE SERVICE WORKERS: Occupations'in which workers are entrusted with public safety, security and protection from destructive forces. (5) PARAPROFESSIONALS: Occupations in which workers perform some of the duties of a professional or technician in a supportive role, which usually requires less formal training and/or experience normally required for professional or technical ' status. (6) OFFICE AND CLERICAL: Occupations in which workers are' responsible for internal and external communication, recording and retrieval of data and/or information and other paperwork required in an office. (7) SKILLED CRAFT WORKERS: Occupations in which workers perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on-the-job training and experience or through apprenticeship or other formal training programs. (8) SERVICE MAINTENANCE: Occupations in which workers perform duties which result in or contribute to the comfort, convenience, hygiene or safety of the general public or which contribute to the upkeep and care of buildings, facilities or ground of public property. Workers in this group may operate machinery. 10 HISTORICAL UTILIZATION CITY HALL & CORP YARD EMPLOYEE8 400 800 200 100 0 83 84 85 86 87 88 89 YEAR ~_MALES [~ FEMALES ~ MINORITIES WORKFORCE UTILIZATION ANALYSIS WORK LOCATION: CITY HALL ......... 17 12 6' 2 2 0 [!i!i!i!i!i!i!i!i!i!i!e~j~i!::! 84 71 9 3 13 12 3 I 0 0 effective 8/13/90 UTILCH.WK1 ']-2 CITY HALL The Departments or Divisions inclUded in the area of City Hall are primarily of an engineering .or administrative function. They include the City Manager's Office, City Attorney, Finance, Personnel, Risk Management, Planning, Economic and Community Development, Building, Data Processing, City Clerk, Convention Center, and Public Works Engineering. A review of the workforce utilization analysis conducted on these' divisions reveals that, overall, the City has done an admirable job in achieving parity of protected classes. However, greater ~emale representation is needed at the Official/Administrator and Professional levels. Attention will be paid to providing appropriate training and exposure to females at the lower levels, especially Office/Clerical, to allow them to surpass traditional "lace collar" career paths, and to successfully compete for promotional opportunities. Throughout 1990, divisions represented in this analysis engaged in numerous activities which enhanced the character of the City of Bakersfield as an affirmative action employer. These can be summarized as follows: o Staff members, for example in Personnel, Planning, Convention Center and Purchasing, made presentations to various institutions and groups regarding the many functions the City fulfills and the career opportunities ~available with the City. o Personnel in all'divisions, at all levels, are afforded the opportunity to attend seminars and workshops 'to enhance their technical, human relations or supervisory skil. ls, at City expense and on City time. o Members of the Personnel staff actively participated in a number of community organizations, including the Department of Fair Employment and Housing 'Roundtable, the Employers Advisory Group, and the Mayor's Committee for the Handicapped. o Employees in these departments and divisions took advantage of the City's tuition reimbursement program to prepare themselves for promotional opportunities. o The City Attorney's Office and Personnel made presentations to department heads, supervisory personnel and employees regarding the prohibition of sexual harassment, race~, religion or national origin discrimination. 13 o Personnel in all divisions are,members of professional organizations and societies, allowing them to stay current with changes in their profession. o The City Manager has continued to be an active advocate of the National Urban Fellows program, and served as a mentor for.a Fellow who served as a Special Assistant to the City Manager during 1989-90. o The Personnel Office actively promoted the Summer Jobs for Youth Program, which fosters development and continued education of disadvantaged high school students. The City employed eight students during 1990. o The Economic/Community Development Department participates annUally in the Coop Program at Cal State by employing one to four students. This program encourages students to pursue careers in public employment. o Information about the City is disseminated by the Economic/Community Development and Public Works Departments at Street Fairs and the County Fair. These efforts assist long-term in the hiring of females and minorities. o Personnel in many divisions participate in Teen Government Day. High school students get a chance to witness city government in action for one day and are made aware of the job opportunities available in the public sector. o Public Works positions are advertised at the American Public Works Association Seminars to recruit females and minorities. o The Planning Department promotes careers in planning by annually participating in High School Career Days and giving presentations at grade schools and various service clubs. o ~High school and college students are given detailed tours of the Convention Center with the objective of providing an awareness of jobs available and encouraging students to complete their education. 14 o The annual Career Days sponsored by the Kiwanis Club is held at the Convention Center. Information is made available on a variety of occupations as well as the education required. This helps students prepare in advance for their future careers. City of Bakersfield Police and Fire Departments both participate in this event. o The Finance Department offers a flextime schedule to staff members. This allows employees an opportunity to attend classes to meet their educational goals. The following is a listing of our recruitment efforts during 1989 for those divisions represented: FEMALE/MINORITY TOTAL POSITION APPLICANTS APPLICANTS Accountant I 13/2 24 Accountant II 18/13 34 Accounting Clerk II 128/50 148 Administrative Aide 83/25 90 Assistant Planner II 2/1 8 Associate Planner 0/0 7 Auditorium Maintainer 3/35 48 Building Inspector I 4/15 84 Building Maintainer I 7/43 65 Building Maintainer II 0/2 2 Civil Engineer III 0/0 1 Civil Engineer III 0/1 6 Clerk Steno I 6/2 6 Clerk Typist I (misc.) 95/48 98 Development Assistant 5/3 9 Development Associate 6/4 17 Development Assistant 0/0 0 Engineer I 1/7 21 Micrographic Technician 70/48. 89 Personnel AnalySt 23/31 59 Planning Technician 2/4 11 Planning Technician - C.D. 9/7 26 Secretary I 12/2 12 15 CITY HALL REPRESENTATIVE JOB TITLE Effective January 1 - December 31, 1990 JOB FUNCTION JOB TITLE OFFICIAL/ ASST TO THE CITY MANAGER ADMINISTRATORS ASST AUDITORIUM MANAGER ASST BUILDING DIRECTOR ASST CITY, ATTORNEY ASST FINANCE DIRECTOR ASST PUBLIC WORKS DIRECTOR COMMUNITY SERVICES MANAGER BUILDING DIRECTOR CITY ATTORNEY CITY CLERK CITY MANAGER CITY TREASURER COMMUNITY DEVEL COORD ECONOMIC DEVELOPMENT DIRECTOR FINANCE DIRECTOR INFORMATION SYSTEMS MGR PERSONNEL MANAGER PLANNING DIRECTOR PUBLIC WORKS DIRECTOR RISK MANAGER PROFESSIONAL ACCOUNTANT II ADMINISTRATIVE ANALYST II ASSISTANT CITY CLERK ASSOC PLANNER COM DEV ASSOCIATE PLANNER ASST PLANNING DIRECTOR AUDITORIUM STAGE MGR · ~ BOX OFFICE SUPERVISOR BUDGET ANALYST BUILD PLAN CHECK ENGIN BUILDING INSPECTOR III BUILDING INSPECTOR III - ELEC SPEC BUSINESS MANAGER CIVIL ENGINEER III/IV DEP CITY ATTORNEY I/II DEVELOPMENT ASSOCIATE ENGINEER II ENGINEERING TECH II EVENTS SUPERVISOR INSURANCE COORDINATOR INTERNAL .AUDITOR PARK PLANNER 16 CITY HALL REPRESENTATIVE JOB TITLE Effective January 1 - December 31, 1990 JOB FUNCTION JOB TITLE PERSONNEL ANALYST PLAN CHECKER (RESIDENTIAL) PRINCIPAL PLANNER PURCHASING OFFICER REAL PROPERTY AGENT SENIOR PROGRAMMER/ANALYST SUPERVISOR I/II TRAFFIC ENGINEER TECHNICIANS ASSISTANT PLANNER ASSISTANT PLANNER II BUILDING INSPECTOR I/II BUILDING PERMIT TECHNICIAN DATA PROCESSING OPR DEVELOPMENT ASSISTANT ENGINEERING DRAFTER ENGINEERING TECH I GRAPHICS TECHNICIAN OFFICE SYSTEMS ANALYST · PARK & LANDSCAPE DESIGNER PERSONNEL TECHNICIAN PLANNING TECHNICIAN PROGRAMMER/ANALYST REHABILITATION SPCLIST PARA-PROFESSIONALS ACCOUNTANT I ADMINISTRATIVEAIDE BUYER I BUYER-TRAINEE DEPUTYCLERK ENGINEERING AIDE I/II FINANCIAL INVESTIGATOR ~PERSONNEL CLERK TRAFFIC OP TECHNICIAN OFFICE/CLERICAL ACCOUNTING CLERK I/II CASHIER-RECEPTIONIST CLERK STENOGRAPHER.I/II CLERK TYPIST I/II LEGAL SECRETARY - LITIGATION LEGAL SECRETARY - MUNICIPAL LAW MICROGRAPHIC TECHNICIAN SECRETARY I/II 17 CITY HALL REPRESENTATIVE JOB TITLE Effective January 1 - December 31, 1990 JOB FUNCTION JOB TITLE SERVICE/ AUDITORIUM MAINTAINER i/II MAINTENANCE BUILDING MAINTAINER I/II 18 WORKFORCE UTILIZATION ANALYSIS WORK LOCATION: CORPORATION YARD !'iiiiiiiiii!~iii 25 4 7 0 7 1 I 1 1 0 iiiiiii!ii~il ~ ~ ~ o ~8 o o o o o effective. 8/13/90 UTILCY. WK1 . 19 CORPORAtiON YARD~ The Corporation Yard is the location of those facilities where the Divisions of Construction Inspection, Equipment, General Services, Parks, Recreation, Sanitation, Street's, Waste Water, and Agricultural and Domestic Water operate. Personnel in these divisions are primarily blue collar, with a majority of the employees at the Skilled Craftworker and Service Maintenance levels. Generally, the career paths of these employees allow them -to progress from these levels to the Professional level in a supervisorial capacity. An inspection of the ~tilization analysis performed on this area demonstrates that, overall, the Corporation-Yard has achieved parity with minority representation. The one area in which minority representation is deficient is Black representation at the Skilled Craftworker and Technician level. Training should be provided for those at the Service Maintenance level to assure. success in future promotional opportunities. Female representation is inadequate, especially in the~ Skilled Craftworker and Service 'Maintenance categories. In future recruitments for these positions, greater effort should be made to attract qualified female applicants. Also, training and development should continue to be made available to allow for promotional opportunities. To this end, the divisions represented in this area have made an ongoing commitment to provide opportunities for their employees to prepare for further opportunities. Examples of these efforts include: o encouraging employees, during'performance evaluations, to pursue job-related educational opportunities provided locally or through approved correspondence courses, and providing books and tuition reimbursement for the same; o allowing lower level employees to work side by side with employees with specialized skills to obtain "hands on" experience; o permitting employees to attend seminars sponsored by manufacturers, vendors <and other agencies, and periodically hosting such presentationsat our facility; these employees, in turn, train lower level employees; o encouraging employees to join and participate in organizations in their field, so that they can stay current, with new technologies and developments; 2O o encouraging employees to volunteer for participation in cross-training offered in other divisions; o rotating lower level employees in higher level "Acting" positions when opportunities arise to do so; specifically, employees are provided an opportunity to practice supervisory techniques, and to allow them experience in interaction with both upper management and public; o sending employees to specialized training classes to prepare them to work with specific equipment; o providing employees with the opportunity to attend formal in-house training on specific equipment, on a voluntary basis; o making available operating manuals, books and films o mandatory participation in comprehensive safetyprograms In addition, Personnel staff members are available to familiarize employees with successful methods for applying for and competing in recruitments. The Personnel Division presents Supervisory Training Programs which will educate employees as to their responsibilities relative .to affirmative action and equal opportunity employment. The following is a listing of our recruitment efforts during 1989 for those divisions represented: FEMALE/MINORITY TOTAL POSITION APPLICANTS APPLIC~ Automotive Mechanic 0/4 6 Automotive Service Worker 0/36 69 Construction Inspector I 0/5 28 Equipment Mechanic 0/3 5 Heavy Equipment Operator 0/5 6 Maintenance Crafts Worker I 0/13 21 Park Maintainer 13/111 153 Sanitation Worker I 2/36 56 Sanitation Worker III 0/13 14 Street Maintainer 8/102 173 Supervisor I (Recreation) 6/5 18 Supervisor I (Streets) 1/9 14 Supervisor I (Trees) 0/3 4 Trades Assistant 0/11 20 Trades Assistant (Equipment) 0/1 4 Traffic Painter I 7/82 140 Traffic Painter I 4/65 128 Waste Water Treatment Plant Opr. I 5/42 95 21 CORPORATION 'YARD .REPRESENTATIVE JOB TITLE Effective January 1 - December 31, 1990 JOB FUNCTION JOB TITLE OFFICIAL/ CONSTRUCTION SUPERINTENDENT ADMINISTRATORS EQUIPMENT SUPT GENERAL SERVICES SUPT PARKS SUPERINTENDENT RECREATION SUPT SANITATION SUPT STREET MAINTENANCE SUPERINTENDENT W W TREATMENT SUPT WATER . & SANITATION MANAGER PROFESSIONALS ADMINISTRATIVE TECHNICIAN ASST SUPERINTENDENT (PUBLIC WORKS ASST SUPERINTENDENT (RECREATION) ASST WATER RESOURCES DIRECTOR BUSINESS MANAGER COMMUNICATIONS COORDINATOR ENGINEER I HYDROGRAPHIC SUPERVISOR PRINCIPAL PLANNER SUPERVISOR I/II WATER RESOURCES DIRECTOR WATER SUPERVISOR II/III TECHNICIANS 'AIR COND TECH II COMMUNICATIONS ENGINEER COMMUNICATIONS TECHNICIAN I/II CONSTRUCTION INSPECTOR I/II DATA PROCESSING OPERATOR ELECTRICAL TECH II SURVEY PARTY CHIEF TRAFFIC SIGNAL TECHNICIAN W W TREAT PL LAB TECH OP PARA-PROFESSIONALS ENGINEERING AIDE I/II/III INDUSTRI. AL WASTE INSPECTOR PERSONNEL CLERK OFFICE/ AccOUNTING CLERK II .CLERICAL CLERK TYPIST I/II DATA ENTRY CLERK REVENUE PROGRAM AIDE SKILLED CRAFTWORKER AIR COND TECHNICAN I AUTOMOTIVE MECHANIC CORPORATION YARD REPRESENTATIVE JOB TITLE Effective January 1 - December 31, f990 " JOB FUNCTION' JOB TITLE EQUIPMENT MECHANIC I/II HEAVY EQUIP OPER-PARKS HEAVY EQUIP OPER-SANITATION HEAVY EQUIP OPER-STREETS HEAVY EQUIP OPER-WATER LIGHT EQUIP OPER-PARKS LIGHT EQUIP OPER-STREETS MAINT CRAFT WORKER I/II MOTOR SWEEPER OPERATOR SPRAY RIG OPERATOR TRADES ASSISTANT TRADES ASSISTANT-EQUIPMENT TRAFFIC PAINTER I/II/III W W TREAT PLANT OPR I/II WELDER II SERVICE/ AUTO SERVICE WORKER MAINTENANCE AUTOMOTIVE PARTS SPECIALIST BUILDING MAINTAINER I/II CANAL TENDER I/II PARK MAINTAINER PARK MAINTAINER II/III SANITATION WORKER I/II/III SEWER MAINTAINER I/II/III STREET MAINTAINER TREE MAINTAINER I/II/III UTILITY WORKER 23¸ HISTORICAL UTILIZATION FIRE DEPARTMENT EMPLOYEES · 200 150 100 50 0 83 84 8§ 86 87 88 89 YEAR I MALES ~ FEMALES ~ MINORITIEs WORKFORCE UTILIZATION ANALYSIS WORK LOCATION: FIRE iiiiii!~i~i~~~ ...... ! ........... ~i~..~: ~ o o o o o o o ~ o ..... i~~!~!!iii~!i!i!!!!!i!!i!i ~ i:i:i:!i~i~:~:~:i!i 89 1 5 0 17 0 I 0 7 0 effective 8/13~90 25 UTILFIRE.WK1 FIRE The majority of employees in this Department fall in two categories: Professional and Protective Services. A review of the utilization analysi's performed in this area reveals that adequate female representation is lacking in the Protective Services level, which is composed exclusively of Fire Fighter and Fire Engineer. While departmental percent female representation has more than doubled between 1983 and 1990 (from 3.9% to 7.96%), this increase in actual utilization only reflects an increase in the number of'females from 6 to 16. In the same period, the total number'of minorities represented in the Department increased from 32 to 36, and greater representation is needed. Because most positions above the entry level position of Fire Fighter are restricted to personnel currently employed in the Department, it is critical that Fire strengthen its representation of all protected classes in the Fire Fighter ranks. These internal-promotion-only' positions are: Fire Engineer, Fire Captain, Fire Battalion Chief, Fire Marshall, Assistant Fire Chief, Deputy Fire Chief and Fire Chief. In order to achieve parity, the Department must focus on recruiting a greater number of females and minority applicants for the entry level Fire Fighter position. The most recent Fire. Fighter recruitment, conducted in 1989, resulted in a total of 282 applicants, of which 113 were females or minorities. The recruitment strategy included targeting minority and females with bulletins announcing the recruitments. Because of the restriction of promotional opportunities to Fire Fighters and other in-house Fire Safety personnel, the Department actively encourages all employees to prepare for promotional opportunities through education and training. Performance reviews specify what training is required for an employee to successfully compete in promotional recruitments. Training'is offered through Bakersfield College, and available to all employees. In looking to the future, the Fire Department has increased its emphasis on social responsibility and made public education a top priority. Their strategy is to be proactive rather than reactive. A method of accomplishing this goal is through participation in a variety of community-related activities. They have become involved in many programs such as Adopt a Senior and Adopt a School to name a few. In addition to educating the community on fire safety issues, such participation makes the public aware of career opportunities in the Bakersfield Fire Department. 26 Recruitments conducted for the Fire Department during 1989 are listed as follows: FEMALE/MINORITY TOTAL 'POSITION APPLICANTS APPLICANTS Fire Captain 0/8 24' Fire Engineer 0/6 19 Firefighter 11/102 282 Supervising Fire Dispatcher 2/1 2 FIRE REPRESENTATIVE JOB TITLES Effective January 1 -~Dec~mber 31, 1990 JOB FUNCTION JOB TITLE OFFICIAL ASSISTANT FIRE CHIEF ADMINISTRATORS DEPUTY FIRE CHIEF FIRE BATTALION CHIEF FIRE'CHIEF FiRE MARSHAL PROFESSIONALS ADMINISTRATIVE TECHNICIAN FIRE CAPTAIN HAZARDOUS MATERIALS COORDINATOR SUPERVISING FIRE DISPATCHER TECHNICIANS FIRE DISPATCHER I PLANNING TECH ~' PLANNING TECH - HAZ MAT TELECOMMUNICATOR I PROTECTIVE FIRE ENGINEER FIREFIGHTER PARA-PROFESSIONALS FIRE INSPECTOR FIRE PREVENTION INSP/PETROLEUM FIRE/SAFETY EDUCATION SPEC OFFICE/ ACCOUNTING CLERK II CLERICAL CLERK STENOGRAPHER I CLERK TYPIST II DATA ENTRY CLERK SECRETARY I/II. SKILLED CRAFTWORKER MAINT CRAFT WORKER I TRADES ASSISTANT 28 HISTO'RICAL UTILIZATION POLICE DEPARTMENT EMPLOYEES 300 2OO 150 lO0 50 0 83 84 85 86 87 88 89 YEAR ~ MALES [~ FEMALES ~ MINORITIES WORKFORCE UTILIZATION ANALYSIS WORK LOCATION: POLICE ~~ !!!!!ii ~ ~ o ~ o o o ~ o ~ o effective 8/13/90 UTILPOLI.WK1 30 POLICE The function of the Police Department is to provide for the safety and welfare of the citizens of Bakersfield through the maintenance of effective law enforcement systems. The Police Department represents the largest number of employees, relative to all other Departments, and because of its structure, has the greatest opportunities for internal development~ The composition of the Department is 65% white male, 16% minority and 24% female. The Police Department has adequate representation of females at the Office/Clerical and Paraprofessional .job levels. However, to achieve gender parity, greater representation of females is needed at the Protective Services level. To best achieve this, the efforts summarized below have been followed. Similarly, the Department has insufficient representation of Blacks and Hispanics at the Paraprofessional and TechniCian job categories. The'constraints .imposed by the Civil Service Rules, the Municipal Code and City Charter, specify that promotions within the Police Department are restricted such that only those employees who have served as Police Officers are eligible to compete for the positions of Sr. Police'Officer, Training Officer, Detective, Sergeant, Lieutenant, Assistant Police Chief and Police Chief. To effectively address the' disparity in representation of p~otected classes throughout the organization, the Department. is making efforts in the following areas: Recruitment for Entry Level Police Officer: In recognition of the need for a well-balanCed applicant pool, with a large number of females and minorities, the Police Department, in conjunction with Personnel, conducted one open recruitment for Police Officer in 1990. The testing process was composed of the POST approved agility test, written and psychological examinations, background inVestigation, oral interview and physical. To assist all applicants, a number of practice sessions for the agility test -were offered prior to the examination. Extensive recruiting efforts were utilized, including specific targeting of minority and female organizations, radio announcements on Spanish-speaking stations, ads in high .circulation and minority-oriented newspapers, and TV ads. The recruitments resulted in 369 total applicants, of which 61 were females and 121 were minorities. A video has been developed by the Police Department that gives an insight into the job of a Police Officer. Staff members present 'this video at job fairs throughout the state. 31 Internal Development of Staff: Because many promotional opportunities are restricted to Officers, it is critical that all eligible employees be fully qualified to successfully compete. The Department goes to great lengths to provide the training and education to insure qualification. A listing of eXamples of the types of training and development provided employees is available for review. Additionally, the Police Department is involved in numerous activities which help to reinforce the image of the City of Bakersfield as ~n affirmative action employer. Recruitment conducted during 1989 resulted in the following applicant pools: FEMALE/MINORITY TOTAL POSITION APPLICANTS APPLICANTS Clerk Typist I (Police) 67/35 70 Communications Coord. 0/3 10 Communications Technician 1/13 27 Communications Engineer 0/3 12 Police Detective lY3 , 23 Police Lieutenant 0/1 9 Police Officer 49/103 ,299 Police Sergeant 0/3 25 Property Room Supervisor 14/13 45 Senior Police Officer 2/7 42 Senior Police Officer 2/6 40 Telecommunicator I 47/17 54 Transcribing Typist 36/20 38 32 POLICE REPRESENTATIVEJOB TITLES Effective January 1 - December 31, 1990 JOB FUNCTION JOB TITLE OFFICIAL/ ASSISTANT POLICE CHIEF ADMINISTRATORS POLICE CHIEF POLICE LIEUTENANT PROFESSIONALS BUSINESS MANAGER COMMUNICATION CENTER SUPERVISOR POLICE SERGEANT PROPERTY ROOM SUPERVISOR RECORDS SUPERVISOR SUPERVISOR II - CRIME PREVENTION TECHNICIANS ~POLICE LAB TECHNICIAN SENIOR POLICE LAB TECH SENIOR PROPERTY TECH TELECOMMUNICATOR I/II PROTECTIVE DETECTIVE SERVICES FEMALE INVESTIGATOR I POLICE OFFICER SENIOR POLICE OFFICER TRAINING OFFICER PARA-PROFESSIONALS ADMINISTRATIVE AIDE COMMUNITY SERVICE SPECIALIST SENIOR POLICE RECORDS CLERK POLICE SERVICE TECH OFFICE/ ACCOUNTING CLERK II CLERICAL CLERK TYPIST I/II SECRETARY I TRANSCRIBING TYPIST SERVICE/MAINTENANCE BUILDING MAINTAINER I/II 33 Equai Employment Opportunity is the Race, Color, Religion, Sex, National Origin: Sex (wages): Title VII of the Civil Rights Act of 1964, as amended, prohibits In addition to sex discrimination prohibited by Title VII of the Civil discrimination in hiring, promotion, discharge, pay, fringe benefits, Rights Act (see above), the Equal Pay Act of 1963, as amended, and other aspects of employment, on the basis of race, color, prohibits sex discrimination in payment of wages to women and religion, sex or national origin, men performing substantially equal work in. the same establish- ment. The law covers most private employers, state and. local Applicants to and employees of most private employers, state and governments and educational institutions. LabOr. organizations local governments and public or private educational institutions are cannot cause employers to violate the law. Many employers not protected. Employment agencies, labor unions and apprenticeship covered by Title VII, because of size, are covered by the Equal programs also are covered. Pay Act. Age: If you believe that you have been discriminated against under any The Age Discrimination in Employment Act of 1967, as amended, of the above laws, you immediately should contact: prohibits age discrimination and protects applicants and employees 40 years of age or older from discrimination on account The U.S. Equal Employment Opportunity Commission of age in hiring, promotion, discharge, compensation., terms, con- Washington, D.C. 20507 ditions, or privileges of employment. The law covers most private or an EEOC field office by calling toll free 800-USA-EEOC. employers, state and local governments, educational institutions, (For the hearing impaired, EEOC's TDD number is 202-663-4399.) employment agencies and labor organizations. Race, .Color, Religion, Sex, National Origin: affirmative action to employ and advance in employment qualified Executive Order 11246, as amended, prohibits job discrimination Vietnam era veterans and qualified special disabled veterans. on the basis of race, color, religion, sex or national origin, and requires affirmative action to ensure equality of opportunity in all Applica~tts to and employees of companies with a Federal govern- aspects of employment:, ment contract or subcontract are protected under the authorities above. Any person who believes a contractor has violated its non- Handicap: discrimination or affirmative action obligations under Executive Section 503 of the Rehabilitation Act of 1973, as amended, Order 11246, as amended, Section 503 of the Rehabilitation Act prohibits job discrimination because of handicap and requires or 38 U.S.C. 2012 of the Vietnam Era Veterans Readjustment affirmative action to employ and advance in employment qualified Assistance Act should contact immediately: handicapped individuals who, with reasonable accommodation, ' can perform the functions of a job. The Office of Federal Contract Compliance Programe (OFCCP) Employment Standards Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210 Vietnam Era and Special Disabled Veterans: (202) 523-9368, or an OFCCP regional or district office, listed in 38 U.S.C. 2012' of the Vietnam Era Veterans Readjustment most telephone directories under U.S. Government,.Department of Assistance Act of 1974 prohibits job discrimination and requires Labor. Handicap: receiving Federal financial assistance. Employment discrimination Section 504 of the I~ehabilitation Act of 1973, as amended, pro- is covered by Title VI if the primary objective of the financial hibits employment discrimination on the basis of handicap in any assistance is provision of employment, or where employment program or activity which receives Federal financial assistance, discrimination causes or may cause discrimination in providing Discrimination is prohibited in all aspects of employment against services under such programs. Title IX of the Education Amend- handicapped persons who, with reasonable accommodation, can ments of 1972 prohibits employment discrimination on the basis o! perform the essential functions of a job. sex in educational programs or activities which receive Federal assistance. Race, Color, National Origin, Sex: In. addition to the protection of Title VII of the Civil Rights Act of If you believe you have been discriminated against in a program 1964, Title VI of the Civil Rights Act prohibits discrimination on of any institution which receives Federal assistance, you should the basis of race, color or national origin in programs or activities contact immediately the Federal agency providing such assistance. DISCRIMINATION IN EMPLOYMENT Because of *Race °Color*Ancestry *Religious Creed *National Origin *Physical Handicap (Including AIDS) *Medical Condition *Sex *Age *Marital StatUs IS PROHIBITED BY LAW The California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Div. 3 of Title 2 of the Government Code) · permits job applicants to file complaints with the Department of Fair Employment and Housing (DFEH) against an employer, employment agency, or labor union which fails to grant eclual employment as required by law. · requires employers not to discriminate against any job applicant or worker in hiring, promotions, assignments, or discharge. On-the-iob segregation is also prohibited, and employers may file complaints against workers who refuse to cooperate in compliance. · requires employers, employment agencies, and unions to preserve applications, personnel and employment referral records for a minimum of two years. · requires employers to provide leaves of up to four months to employees disabled because of pregnancy, maternity, or childbirth. · requires employment agencies to serve all applicants equally; to refuse discriminatory job orders; to refrain from pro, hibited pre-hiring inquiries or hel~wanteq advertising. · requires unions not to discriminate in member admissions or dispatching to jobs. · forbids any person to intedere with efforts to comply with the act. Authorizes the DFEH to work affirmatively with cooperating employers to review hidng and recruiting practices in order to expand equal opportunity. · prohibits hara.ssment of employees or applicants and requires employers to take all reasonable steqa to prevent harassment. REMEDIES TO INDIVIDUALS, OR PENALTIES FOR VIOLATION MAY INCLUDE: hiring, back pay, promotion, reinstatement, cease-and-desist order, or a fine. JOB APPLICANTS AND EMPLOYEES: If you believe you have experienced discrimination, DFEH will Investigate without cost to you.' For Information contact the nearest office of the Department of Fair Employment and Housing: SAKEES~Em ~ CmTRO AREA ~SNO LOS ANG~tES 1001 Towe~ Way, # 250 (619) 353-3420 1900 Maripeso Mall, # 130 322 West I:'~,st Street, ~2126 Bakersfield, CA 93309 Write or Visit Fresno, CA 93721 Los Angeles, CA 90012-3112 (805) 395-2728 San Diego District Office (209) 445-5373 (213) 620-2610 110 West C Street, # 1702 . TDD (213) 620-3109 San Diego, CA 92101 OAKLAND SACRAMENTO SAN BERNARDINO SAN DIEGO 11 i ! Jackson Streel, # 5040 2000 "O" Street, # 120 375 W. HoslMtalilY Lane, # 280 1 I0 West C Streel, # 1702 Oakland, CA 94607 Sacramento. CA 95814 San Be~ncndino. CA 92408 San Diego, CA 92101 (415) 464-4095 (916) 445-9918 (714) 383-471 ! (619) 237-7405 TDD (916) 324..1678 SAN FRANCISCO SAN JOSE SAN~A ANA VENTURA 30 Van Ness Avenue, 3rd FI(Nm 111 N. MaTket Street, #810 28 C~vic Cente~ f~laza, '~1538 5720 Ralston Street, #302 San Francisco. CA 94102 San Jes4, CA 95113 Santa Ana, CA 92701 Venture. CA 93003 (415) 557-2005 (408) 277-1264 (714) 558-4159 (805) 654-4513 This notice must be conspicuousJy posted in hirh~cj offices, on employee bulletin boards, in employment a(:jency waMr.~ rooms, un/on halls, etc. For topic/contact the nearest DFEH office. DFEH 162 (Rev. 2/89) LA DISCRIMINACI0N EN EMPLE0 A causa de · Raza · Color · Ascendencia · · Credo Religioso · Origen Nacional · Sexo · Incapacidad F(sica · ' Condici(~n M~dica · Edad · Estado Civil ESTA PROHIBIDA POR LEY LA LEY DE IGUALDAD EN EMPLEO Y VIVIENDA DE CALIFORNIA (Parte 2.8 (comenzando con la Seccibn 12900) de la Divisibn 3 del Titulo 2 del C(3digo Gubernamental) permite a los solicitantes de emoleo registrar queias con el Departamento de Igualdad en Empleo y Vivienda contra el Datrbn/emDleador, agencia de emDleo o sindicato clue no cumDla con la ley de igualdad en empleo. · prohibe a los patrones/empleadQres discriminar contra cualcluier individuo, tanto en el contrato, ascenso, asignaci0n, o despido del emoleo. La segregacibn en el trabajo tarnbi~n est~ prohibida. ,/ los patrones/empleadores 'pueden registrar una queja en contra de los trabaiadores clue rehusen cumplir con la lay. ·recluiere clue los patrones/empleadores, agencias de empleos ¥ sindicatos retengan las solicitudes de emDleo, archivos y recomendaciones personales referentes al solicitanle, por un termino minimo de dos argos. · requiere que los patrones/empleadores provean hasta cuatro meses de permiso a empleadas incapacldads a causa de embarazo, maternidad o parto. · recluiere ClUe las agencias de empleo procedan equitativamente con lodos los solicitantes de trabaio: qua rehusen pedidos discriminator~os; qua no hagan preguntas prohibidas a los solicitan!es; y qua sus anuncios de trabaio no sean discriminator~os. · recluiere que los sindicatos no discriminen en la admisibn de m~embros o en la asignaci(3n de trabalos. ·prohibe a cualcluier persona interferir con los esfuerzos de ia lev. Autoriza at Departamento de Igualdad en Empleo y Vivienda a coordinar esfuerzos con patrones/emDlesdores con el lin de promover la igualdad en eJ emDleo. ·prohibe hostigar a empleados o solicitantes de emDleo y rec~umre clue los patr0nes/empleadores tomen las medidas necesarias para prevenir dicha hostigaci0n REMEDIO$ A1 INDIVlDUO, O SANCIONES' POR VIOLAClON DE LA LEY PUEDEN INCLUIR: Sar emplaado para em el Due,to aolicitado: ,er reembol,ado pot sueldo perdido: ascen$o; reatituci~n del empleo; orden judicial contra las pr/~cticaa diacriminatoriaa; o multaa. SOUCITANTES DE EMPLEO Y EMPLEADOS: Si usted cree haber sido disciminado, el Oepartamento de Igualdad en Empleo y Vivienda le investigara su caso gratuitamente. Para informaci6n comuniqueae con la oficina del Department of Fair Employme_nt and Housing mba cercana: BAKERSFIELD El. CENTRO AREA FRESNO LOS ANGELES 100 t Tow~ Way Tek. hone (619) 353-3420 1900 Merit)usa Mail, Suite 130 322 West First Street, Suite 2126 Bakersfield, CA 93309 W~ite e~ Visit F~osno, CA 93721 Los Angeles, CA 90012.3112 (805) 395-2728 San Oi~go Dis~ct Office (209) 445-5373 (213) 620-2610 i I0 West C Street San Olege, CA 92101 OAKLAND SAN 8ERNARDINO SAN DIEGO 111 ! Josksen Street 375 W. Hospitality Lane, Roam 280 ! 10 West C Street, ,~ t70'2 Oakland, CA 94607 SACRAMENTO San Bemardino, CA 92408 San Diego. CA 92101 {415) 464-4095 2000 O Street (7 ! 4) 383-4711 (619) 237-7405 Sac~mnto, CA 95EI4 (916) 445-9918 SAN FI~ANCISCO SANTA ANA VENTURA 30Van NossAvenue, 3rdFlo~ 2R Civ~cCentef Plaza - 5720Ralsten StNet San R. ancisco, CA 94102 SAN JOSE Santa Aha, CA 92701 V.ntura, CA 93QQ3 (415) 557-2005 111 N~th Market Street, # 810 (714) 558-4159 (805) 654-4512 San Jm, CA 95113 (408) 277-1264 TDD NUMBERS Lm Angelus (213) 620.3109 Sa~meflto (916) 324- t 678 Gate avlso debe sar colocado visiblemeflte en las oticinas de emDleo eo i'ablofles de anuncios Data empleados, en sales de esDe~'a de agancias de emDleo. Salas de sindicatos, etc. Para coDias adlcionales, t3~*E14 162S ~w, ~2/aal comuniquese con la o/icina del Oepartmen! of Fair EmDIoyment and Housing m/~s cerca?~a. EXHIBIT C Support Groups/Special Interest American Indian Council Ameritech Associates and Vocational Management B-Glad B.A.P.A.C. Bakersfield Adult School BC Taping for the Blind Bakersfield. College Chicano Studies California Association for the Handicapped California Department of Rehabilitation careercom E.D.D. Employer's Training Resource Friendship House Community Center Housing Authority of Kern County Huffman Bovocational Council Independent Living Center Kern .County Blind Club Kern County Brail Center K.C.E.O.C. Kern C~ounty Affirmative Action Division Kern.County Epilepsy Society Kern County Urban League Sponsoring Committee Manning Rehabilitation Services Martin Luther King, Jr. Park Mexican American Opportunity Foundation N.A.A.C.P. Proteus Rehab Group San Francisco Department of Social ServiCes U.P.E.C. Council #95 (Portuguese) Work Evaluation. Program Y.M.C.A. of Kern County Y.W.C.A. of Kern County V,E.P.S. EXHIBIT D PROFESSIONAL GROUPS Administrative Management Society American Association of UniverSity Women American Business Women Association American Society for Public Administration Board of Realtors Building Trades Council California Council of Civil Engineers California School Employees Association Certified Public Accountants Institute of Architects Insurance Women of Kern County Kern County AdjusterS Association Kern County Bar Association Kern County BuilderS & ContractorS Inc. Kern County Builders Exchange . Kern County Sheriff's Posse Inc. Kern County Women Lawyers Association Kern DiStrict CA Fad of Womens Club League of Women Voters Legal Secretaries Association National Association of Accountants National Association of Women in Construction Society of Women Engineers United States Army Reserve Center Women Accountants Chapter III Women in Community Services Women in Construction Association Womens Chamber of Commerce EXHIBIT E RELIGIOUS ORGANIZATIONS CMAM Episcopal Church Greater Evangelist Temple Heavenly'Gate Church Jerusalem Mission Church Uly of the Valley Church Mt. Zion Baptist Church New First Comm. Baptist Church People Missionary Baptist Church Pleasant View Baptist Church Saint John Baptist Church' Saint Paul Church of God Trinity Temple Church TruelightMissionary Baptist Church Union Baptist Church CONTRACT FOR PROFESSIONAL SERVICES' This Agreement, made this 1st day of July, 19'91, between the City of Bakersfield, a municipal corporation ("City"), and Carol Newton Counseling Services, ("EAP"). · RECITALS WHEREAS, City wishes to'have available to its employees and certain specified dependents the. services of an Employee Assistance Program; and WHEREAS, t~e'City does not have-expertise currently on staff to provide psychological and other counseling services; and WHEREAS, the' E'AP represents that EAP is trained, experienced and well qualified in providing psychological and other services to the City!s employees and families. THEREFORE, the City and Consultant mutually agree as fol'lows: AG. RE.E~m~,T 1. SCOPE OF WORK: EAP will furnish the following specialized prof'~'S's'i'o~l"s~rvices to.the City's employees and families: (a) Provide upon the request of the person or persons desiring assistance up to three (3) consultations every 6 months for each separate incident, with staff professionals, for each employee of the City-, and such,employee's family. An employee of the City shall be defined as: permanent full-time employees. The employee's family shall be defined as: Spouse, offspring, and significant others. The purpose of the consultations will be crisis interventign and to determine employee or family member needs. If it is determined that an employee or family member needs to be referred to other services, EAP will provide the referral and follow-up. (b) Provide 24-hour emergency counseling services by a designated staff professional, using the telephone refer?al method. (c) Provide training sessions as needed for the City's supervisors to enable them to identify employees needing referral assistance. These sessions shall be available for as many supervisors as the City deems necessary. (d) Conduct a general orientation program for'all covered employees. This program will be designed to acquaint employees With the services of Carol Newton Counseling Services and how to access those services. This program will. be available at-reasonable intervals. (e) Provide posters, to be displayed as needed, advertising the services available.to employees and their families. The form and content of.all printed matter shall comply with established City policies and~procedures. (f) Provide a mutually satisfactory brochure describing its services, for.distribution to covered employees. The cost of the brochure shall be borne by City. (g) Be available to provide at least four series of informational programs on emotional health topics per year. These programs can be'requested by departments or can be for the general population. (h) Provide monthly statistical reports to the Office of Risk Management detailing usage of services. (i) Provide periodic surveys of supervisors and/or employees as to the value of the service, with suggestions for improvement. (j) Be available to provide shooting debriefing for the police department and provide trauma debriefing for fire servi¢'e. Provide stress training for police and fire academy graduates. (k) The EAP agrees to expand services at such time'as may be required for the performance of these obligations and shall ~erform such services diligently and according to the highest grofessional standards and in a manner consistent with the s=andards customarily applicable to persons-occupying simi.la~ professional positions. C.I.TY.,.S...RES~.ONSIBILI. T!.ES: (a) Assign the City Risk Manage'r to act as liaison with'the EAP. (b) Provide'suitable space on the City's premises, should on-site services be required, as determined by the City. (c) Provide the EAP with such additional inform'ation as may be necessary and which is agreeable to the City. -2- 3. C. OMPENSAT~I. ON: Compensation for services Onder the agreement shall consist of a fee paid to the EAP calculat'ed at ONE DOLLAR. AND EIGHTY-FIVE CENTS ($1.85) per permanent City employee per month, in full consi~deration for the services to be performed pursuant to this agreement. ~ 4. PAYMENT: EAP shall be paid 6y the City for services rendere'd''a'ft'e~' s'ubmission of invoices by the EAP. Payment on each invoice will be due within thrifty (30) days after submission and approval by the City. Subsequent invoices will be submitted to the City each month following the original invoice. 5. INDEPENDENT CQNTRAC[OR: This~agreement calls for the per'formances' of the services of the EAP as an independent contractor, and th~.EAP will not be considered an employee of the City for any purpose and is not entitled to any of the benefits provided by the City tO its employees. The EAP is free to practice its professi'on during those periods the EAP is not performing work under this agreement. The EAP will receive guidance from the City as to the matters in which professional services are to be rendered, and the EAP shall be responsible for accomplishing the appropriate results .pursuant to professional practices. 6.' CONFIDENTIALITY: The EAP will receive confidential information during the course of this agreement. The EAP .shall perpetually maintain the confidentiality of all such information unless cleared in writing to release such information by the employee. Any unauthorized disclosure of confidential informat'ion shall be deemed a material breach of this contract. The EAP shall not, during the term of this agreement or any extension thereof, or at any time thereafter, report to any other party any confidential information acquired or which it may acquire in the performance of the professional services under this agreement. The EAP agrees to treat as confidential, and not to use for their own business advantage or to disclose to anyone other than the patient/client any information except a monthly statistical report to the City detailing usage of the EAP services. Client/patient confidentiality shall extend to communications between a patient/client and shall include records of the identity, diagnosis, evaluation or treatment of a patient/client which are created and maintained by a professional under Californ.ia law. 7. ANO. NYMITY: The EAP shall not refer in any matter to the City in any ~'bl'~'~'ation or promo~tional or advertising ~aterial, written or oral, without obtaining the prior written consent of the City. The EAP may use the. City as a reference. -3- 8. I.NSU~R. ANC. E.: The EAP shall save, hold harmless and indemnify the City, its officers, agents, employees and volunteers from all cl'aims, demands, damages, judgments, costs 'or expenses in law or equity that may at any time arise from or related to any work performed by the EAP, his agents, employees or subcontractors under the terms of this agreement. The EAP shall procure and maintain for the duration of this agreement the following types and limits of insurance: Professional liability insurance, providing coverage'on an occurrence basis for bodily injury, including death, of one or more persons, property damage and.personal injury, with limits of not less than one million ($1,000,000) per claims made; and Automobile liability 'insurance, providing coverage on an occu.rrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million ($1,000,000) per occurrence; and Commercial general liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one-or more persons, property damage and personal injury, with limits of 'not iess than one million ($1,000,000) per occurrence. Workers' compensation with statutory limits. All policies required of the EAP hereunder shall be primary i~nsurance as respects the City, its mayor,-council, officers', agents, employees and volunteers and any insurance or self-insurance maintained by the City, its mayor, council,. officers, agents, employees and volunteers shall be excess of the EAP's insurance and shall not contribute with it.. The automobile liability policies shall provide coverage for owned, non-owned and hired autos. The ~iab'ility policies shall provide contractual liability coverage for the terms of this agreement. The liability policies shall contain an additional insured endorsement in ~avor of the City, its mayor, council, officers, agents, employees and volunteers; The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the City, its mayor, council, officers, agents., employees and volunteers. -4- I All policies shall contain an endorsement providing the City with ten (10) days written notice of cancellation or material change in poli.cy language or terms. If any part of the work under this agreement is sublet, similar insurance shall be provided by or on behalf of the subcontractors to cover their operations. The insurance requi~ed"under this agreement shall be maintained until all work required to be performed under the terms of this agreement is satisfactorily completed as evidenced. by formal acceptance by the City. The EAP shall furnish the City Risk Manager with a certificate of insurance evidencing the insurance required under this' agreement. All costs of insurance required' under this agreement shall be included in the EAP's bid, and no addit.ional allowance will be made for additional costs which may be required by extension of the insurance policies. 9. TAXES:, The EAP shall be fully responsible for payment of all state and federal income taxes, Social Security taxes and other taxes or payments which may be due and owing by the EAP as a result of the amount, paid. to the EAP by the Ci'ty under this agreement; and the EAP shall indemnify and hold harmless the City for any such payment which may be due and owing by the EAP. 10. '~ER~M!.~ATION: If, in the sole, independent and reasonable judgment of either party the other is in substantial breach of any term or condition of this agreement, the aggrieved party shall give the other'thirty (30) days (minimum) written notice to correct the breach identified in such notice.. Thereafter, if the breach is not cured within the time limited by the notice, the aggrieved party may terminate this agreement upon ten (10), days written notice to the other of such termination. Upon such termination, the City shall pay the EAP the amounts then due for professional servjces'theretofore performed for which payment has not been made at the time of termination (unle.ss the subject of the breach is a failure to ,pay for such services). 11., TERM: The term of this agreement shall be two (2) years from t-'~'~--~'ate of execution first set forth above. After the expiration of the two-year term, this agreement shall automatically renew on each anniversary date for one (1) year'on the Same terms and conditi, ons with the sole exception of the term (which shall be one year instead of three), unless no less than'ten (10) days' prior to the anniversary date wnitten notice is given requesting term'ination or a'mendment. 12. ,PROGRAM..EVALUAT!.ON: Evaluations of the program effectiveness shall be conducted in a manner as decided upon 'by the City. The first evaluation shall be conducted at the conclusion of the first six (6) months of this agreement. · The. second evaluation shall be conducted prior to the completion of the first-year anniversary. Subsequent evaluations shall be conducted at..least annually in advance of the annual renewal date. 13. LOCATION~oF.~SERVICES.; Services shall generally be provided in th'~ 'local facilities operated by the EAP. These premises shall be the sole responsibility of the EAP. 'Services may be provided in City's facilities, as mutually agreed by both parties. 14. WAIVER OF DEFAULT: The failure of any party to enforce against another a provision of this agreement .shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this agreement. 15. FORUM.: Any lawsuit pertaining to'any matter arising under or growing out. of this contract shall be instituted arising under or growing out of thi-s contract shall be instituted in Kern County, California. 16. TIME: Time is of the essence~ in this agreement 17. HEADINGS: All paragraph or section captions are · 'l'y for reference on , a'n'd 'shall not be considered~ in construing this agreement. 18. NOTICES: All notices relative to this agreement i'n' shall be given writ'i'ng and shall be sent by certified or registered mail and be effective upon depositing in .the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 .t~ZAP: Carol Newton Counseling Services 1701 F Street 'Bakersfield, California 93301 19. ASSIGNMENT: This contract shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. ~. -6- 20. B.~.NDING .EF. FE. CT:. This agreemen't shall in~re to the benefit of and be binding on the successors in interest and assigns of the parties. 21. A'TTORNEy.!.S .F. EE.S.~ In any action to enforce the terms of this agreement, the prevail.ing, party shall be'entitled to r-ecover its attorney's fees and court costs and other non-reimbursable litigation expenses, such as expert witness fees and~investigation expenses. 22. MERGER AND MODIFIC'ATION: This contract sets forth~ the entire agree'm'6n~'Detw6'6'n tn'e .... parties, and supersedes all other oral or written provisions. This contract may be modified or terminated only in a writing signed by. all the parties. 23. CORP. OR.~TE AU. THORITy: Each individual executing this agreement represents and warrants that they are duly authorized to execute and deliver this agreement o'n behalf of the Corporation, if any, named herein and that this agreement is binding upon 'said Corporation in accordance with its terms. 24. The EAP shall not participate in any court or administrative proceeding as a witness or otherwise dealing with matters related to the services' performed under this agreement without the written consent of the Bakersfield City Attorney. o0o- IN WITNE'SS WHEREOF, the parties hereto have caused this agreement to be executed by their officers thereunto ~duly authorized on the day and year first above written. CITY OF BAKERSFIELD By ~[AR'E'N'C'E' E~"~EDD~'S Mayor APPROVED AS TO FORM: L'A'WRENC~' ~:"'LUNARDI~I City Attorney' COUNTERSIGNED: G'R'E'~O~'¥' '~. K'L'I'~KO ..... Finance Director CAROL NEWTON COUNSELING SERVICES By C'ARO'L'"L~"'N'E'WTO-N;' I~A'-M'FC'C .... ' ........ CLASS TITLE: BUILDING DIRECTOR 915 CLASS CHARACTERISTICS: Under 'administrative direction', performs work of Considerable difficulty and is .responsible for organizing and directing the building construction inspection activities of the city: directs the inspection Of building throughout the city to ensure adherence to municipal building, zoning, planning, electrical, heating, and related requirements, as well as adherence to applicable standards of construction, maintenance, and safety; and performs other work as required. EXAMPLES'OF DUTIES: Plans, supervises and coordinates the work of the technical-staff engaged in inspecting new and existing structures, plumbing, electrical, and heating installations and modifications and related works, oversees a comprehensive program of building inspection for the city; works together with contractors, architects, and engineers on unusual problems regarding .building matters; establishes and sets procedures ~r policies for filed inspections and makes such inspections when necessary to clarify, plans; supervises the Building Plan Check Engineer and participates in.the check and review of building plans when they are submitted;serves as member of .the Board of Zoning Adjustment-and Secretary of the Board of .Building and Housing Appeals and Handicapped Appeals -Board; serves as advisor and Secretary to the Design Review Board of'the Redevelopment Agency; serves as-an advisor, to the Planning Commission; submits annual reports, budgets, and code amendments to the City. Manager; maintains 'housing surveillance records; establishes procedures relating to structural, electrical, mechanical, and plumbing matters and code changes; represents the department and speaks before public'and private'groups; confers and correSponds with architects, building owners, and contractors concerning questions involved in the enforcement process; responds to the various inquires and complaints from the general public; prepares complaints for legal action against violators of building code and related codes; and may act as a witness in court; prepares and indicates changes in code relative to all building trades. ~ MINIMUM QUALIFICATIONS: Traininq and Experience: ~-~"~-~- ~" · ~"~ ~-~~ .... in a~i~cr_i Graduation from an accredited colleqe or university with C~ ~ a Bachelor' s deqree in Enqineerinq, Architecture, Public Administration or closely related field; and -~~~-.~... five years of progressively responsible experience in building inspection, construction, administration, and related activities. CLASS TITLE: BUILDING DIRECTOR 915~ MINIMUM QUALFICATIONS (Continued) Knowledqe, Abilities and Skills: Comprehensive knowledge· of regulations and ordinances governing building and construction; comprehensive knowledge of modern methods of building constructi6n and principles of structural design; comprehensive knowledge of the principles and f~nctions of building inspection administration; considerable knowledge of supervisory practices, personnel management, and the principles of training, and public relations.. Ability to understand and interpret construction plans, diagrams, blueprints, and specifications; ability to coordinate and direct the functions of the various sections of the building department; ability to interpret and communicate content and intent of codes and regUlations; ability to prepare and present reports and communications; ability to communicate effectively with the public in all si~tuations; ability to supervise the work of a group of technical and clerical personnel; ability~ to coordinate the building department objectives with the activities of other city departments. Licenses or Certificates: Possession of a valid Class 3 or "C" California driver's license. Approved by Miscellaneous Civil Service Board: 3--19-9'1 Approved' by City Council: