HomeMy WebLinkAbout02/18/1997, C-3 - CITY OF SAN LUIS OBISPO AFFIRMATIVE ACTION PLAN counciL e- 9/0
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C I TY O F SAN LU I S o B I S P 0
FROM: Ann Slate,Personnel Director
Prepared By: Jill Sylvain,Personnel Analyst
SUBJECT: City of San Luis Obispo Affirmative Action Plan
CAO RECOMMTNDATION
Adopt a resolution updating the recruitment goals of the City's Affirmative Action Plan.
DISCUSSION
The City of San Luis Obispo is committed to the concept of Equal Employment Opportunity as a basic
principle that all persons shall be given equal access and consideration to positions in the public service,
limited only by their ability and qualifications to the job. Affirmative Action is a commitment to
achieving the intent of the equal opportunity laws, through a detailed set of objectives and programs
designed to achieve prompt and full utilization of minorities, women, and other protected classes of
individuals at all levels and in all areas of the workforce.
In 1978, the Equal Employment Opportunity Commission (EEOC) developed guidelines that public
agencies and educational institutions, who were recipients of certain federal grant funding, must have
equal opportunity programs. In 1979,the City Council of San Luis Obispo adopted its first Affirmative
Action Program. Since that time, the program has undergone periodic review and modification. In
1991 and 1993, the Plan was updated by the Affirmative Action Committee and adopted by the City
Council. In 1995 the plan was reviewed;the review committee concluded no changes were warranted
and recommended(at a minimum)updating the recruitment goals in 1997 for Council approval.
The City Council is required to review the updated Affirmative Action Plan in February of every odd-
numbered year. Please note the only change to the plan is the attached updated five year recruitment
goals. The City's current Affirmative Action Plan is available for review in the Council reading file.
On November 5, 1996 the "California Civil Rights Initiative" (Proposition 209) was approved by
voters. This proposition raises many questions, among them: What affect does Prop. 209 have on the
City's Affirmative Action Program? Currently, our City is in a holding pattern because a temporary
restraining order has been issued which precludes the governor and the state attorney general from
enforcing Prop. 209. In the meantime staff is"self-auditing" the City's policies and practices in order
to assure compliance with Prop. 209 should the temporary restraining order be lifted. To date, we find
one current practice in our Affirmative Action Plan that could conflict with Prop 209. It is a practice
(related to the distribution of job flyers)Personnel could change immediately.
Even if Prop. 209 is ultimately found to be constitutional, additional litigation will likely be necessary to
resolve several gray areas. Of particular concem to our City is the question of how and when the
"federal funding" exemption can be utilized. This exemption in Prop. 209 allows agencies to continue
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Council Agenda Report-Affirmative Action Plan
Page 2
using affirmative action programs that are required by federal law as a condition of maintaining or
receiving federal funding. Currently the City is receiving federal funding and would not want to
jeopardize this source of funds by dismantling our current program
Furthermore,the City's Affirmative Action Plan has never contained hiring"quotas", only hiring goals.
Our Plan simply " ... ensures a work environment free of unlawful employment discrimination and
harassment ..." A strong argument can be made that affinnative action policies have actually
strengthened the nation's workforce, its higher education system, and government contracting
programs by expanding the pool of qualified applicants for jobs, college/university admissions and
government contracts, and provided greater opportunity for upward mobility to racial and ethnic
groups and women who were previously denied opportunities.
The Personnel Department has updated the workforce utilization analysis. The labor market
information provided by the State of California is based on the 1990 Census and is a reflection of the
population that was available to work in 1990. It is not a reflection of our local population of ethnic
minorities and females since that includes individuals who are not available to work (e.g. school age
children or retired persons).
The current analysis indicates that the City's greatest area of underutilization of protected classes is in
protective services (police and, particularly, fire) where women are not adequately represented.
Statistically, the disparity is 39.8% below the relevant labor pool. Recruitment strategies to attract
qualified female candidates are being considered so that the City can move toward realistically
achieving its affirmative action goals. Likewise, in the professional category, women are underutilized
and recruitment goals have been identified to correct the disparity. One of our greatest challenges is
recruiting female applicants in the skilled craft and servicelmaintenance categories. FEstorically these
are considered "non-traditional" jobs for females. FLspanics are underutilized in the occupational
categories of administration, professional, technician and administrative support, from 5.9% to 11.4%
below the relevant labor pool. Personnel is involved in outreach programs at local high schools in
hopes of attracting a more diverse applicant pool for these types of positions in the future. In addition
our current job openings are listed on the Internet;the goal is to attract a more widely diverse, qualified
applicant pool.
CONCURRENCES
The updated recruitment goals have been reviewed by the Affirmative Action Committee and are found
to be satisfactory.
FISCAL MACT
The updated Affirmative Action Plan will be reprinted at a cost bome by the Personnel Department.
budget Printing costs are minimal. There is no additional funding being requested at this time.
ALTERNATIVES
Do not adopt the updated Affirmative Action Plan. This is not recommended because it conflicts with
previous policy decisions to maintain a current plan. It is a legal requirement to update the plan. In
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Couneil Agenda Report:-AiTunmatiye Action Plan
Page 3
fight of the current controversy surrounding Prop. 209 it is recommended to continue to maintain the
Affmiative.Action Plan until-the impacts of Prop: 209 have been determined.. At thattime Council will
be asked-to adoptany and all requiied changes.
.Attachments
Resolution
Workforce Utilization Ahalysis
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RESOLUTION NO. (1997 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPDATING THE CITY'S AFFIRMATIVE ACTION PLAN
WHEREAS, the City of San Luis Obispo is committed to the concept of Equal
Employment Opportunity as a basic principle that all persons shall be given equal access
and consideration to positions in the public service limited only by their ability and
qualifications to do the job, and
WHEREAS, Equal Employment Opportunity can best be achieved through
definitive programmed affirmative action, and
WHEREAS, it is the City Council's responsibility to review the updated
Affirmative Action Plan every odd-numbered year, and
WHEREAS, the City of San Luis Obispo has had an Affirmative Action Program
since 1979;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San
Luis Obispo hereby adopts the updated Affirmative Action Plan, attached hereto marked
Exhibit A and incorporated herein by reference, and rescinds Resolution No. 8203 (1993
Series).
Upon motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
Resolution No. (1997 Series) _.
Page'2
the foregoing resolution was adopted this_ _- day of February, 1.997.
• ATTEST: -
Bonnie-Gawf, City Clerk MAyor-Allen Settle
APPROVED AS TO FORM:
*oren, . ty A ,ney- ---
Exhibit.A
Ezhibit,A, the City's Affrrnative Action Plan_, is:available for review in the Council
Reading File.
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