046-1994 DM
"
!
CITY OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
---
HUMAN RESOURCES DEPARTMENT
Telephone 673-7522
CITY MANAGER MEMORANDUM NO. 46-1994
July 14, 1994
To:
Department and Division Directors
From:
Roger M. Carlt
City Manager
Subject:
AFFIRMATIVE ACTION PLAN WORKSHOP
-
The City of Miami Beach's Affirmative Action Plan will be introduced to you, your managers and
supervisors via a comprehensive workshop. The Affirmative Action Plan has been created to map out
the strategy and process of diversifYing our workforce, ensuring fairness and equal opportunity.
Department directors, division directors, managers, supervisors, along with individuals who participate
in hiring and/or promotional decisions are required to attend this two (2) hour workshop. We will
examine the ethnic make-up of your respective areas and discuss your role in the plan.
Attached is a copy of the Affirmative Action Plan. Please review this information prior to the workshop.
Each department has been assigned time slots in each workshop. Please be sure to schedule your staff
accordingly, The workshops will be held in the Second Floor Conference Room in City Hall. See the
attached workshop schedule for dates and times.
Please contact Arnita Davis at 673-7520 by July 25, 1994 with the names of the individuals whom you
have scheduled to attend. To ensure everyone is scheduled and all classes are full, Human Resources
will do all scheduling after July 25th.
RMC:TCA:KHJ/ad
Attachment
cc:
Dean Mielke, Assistant City Manager
Mayra Diaz.Buttacavoli, Assistant City Manager
Harry Mavrogenes, Assistant City Manager
Joe Pinon, Assistant City Manager
Peter Liu, Executive Assistant to the City Manger
r-
,
-
,.-
r
,i
DATES and TIMES of WORKSHOP
7/29 8/3 8/3 8/10 8/10
1-5pm 9-11pm 2-4pm 9-11am 2-4pm
DEPARTMENT SLOTS ASSIGNED PER WORKSHOP
Mayor and City Commision 1
City Clerk 1
City Manager 4
O.M.B. 1 1
Public Information Office 1
Finance 1 2 2 2 1
Public Works 2 2 3 2 2
Sanitation 1
Parking 1 1 1 1 1
D.D.H.P.S, 1 1 1 1 1
G.S.A. 2 3 2 2 3
Rec. Culture and Parks 4 4 4 4 4
Police 3 4 3 3 4
Fire 1 2 2 2 2
Risk Management 1
Code Compliance 2 1 1 2
Legal 2
*ADDITlONAL SLOTS WILL BE PROVIDED UPON REQUEST
CITY OF MIAMI BEACH
r AFFIRMATIVE
ACTION
PLAN
I 4
r
TABLE OF CONTENTS
r
,.-.
Letter from the City Manager
Introduction
Employment Policy Statement
Definition
Employment Categories
Dissemination and Implementation
Responsibility for Implementation
A vallability Analysis
Diversity Hiring Process
Recruitment and Advertising
Interview Selection Process (Flow Chart)
Employment Qualifications and Testing
Employee Development
Discrimination Statement
Sexual Harassment
Discriminatory Conduct
Vietnam Era Veteran's Preference (Federal law)
Americans with Disabilities Act (Federal law)
Family and Medical Leave Act (Federal law)
Equal Pay Act of 1963 (Federal law)
Age Discrimination in Employment Act (A.D.E.A.)
Pregnancy Discrimination Act (Federal Law)
Complaint Procedure
Disciplinary Process
Employee Assistance Program
Monitoring: Internal and External
Summary
r
Paqe
1
2
2
2
3
5
5
6
8
10
12
13
13
14
14
14
15
15
16
16
16
16
16
18
18
19
19
\
CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA33139
HUMAN RESOURCES DEPARTMENT
Telephone 673-7522
July 1, 1994
Dear Fellow Employees and Citizens:
It is with great pleasure that I present the City of Miami Beach's Affirmative Action
Plan. This document has been created to affirm our commitment to ensuring fairness
and equality throughout all aspects of employment with the City.
This administration has been diligently working towards attaining a diverse workforce.
Resources. both human and financial, have been devoted to this end.
".-
We will continue to ensure that the City's policies, practices, and procedures are ones
which encourage diversity, advocate fairness, and foster personal and professional
development for all employees.
Sincerely,
Roger M. Carlton
City Manager
r
1
INTRODUCTION
r-
The Affirmative Action Plan is a manifestation of the City's commitment to recruit, retain,
and develop a diverse workforce.
EMPLOYMENT POLICY STATEMENT
The City of Miami Beach commits to providing and employment atmosphere tree at
discrimination. The City commits to the ongoing administration of fair recruitment and
employment practices in our effort to hire and promote women and minorities.
The City's Affirmative Action Plan shall ensure equal opportunity for applicants and
employees alike, without regard to race, color, religion, sex, national origin, age, disability,
veteran status, sexual preference or any other non-job related characteristic.
It is the City's desire, and the objective of the Affirmative Action Plan, to have a diverse
workforce. This Plan has been developed to correct any deficiencies over a reasonable
period of time.
DEFINITIONS
RACE, ETHNIC DESJGNATION
-
Anglo or White (not of Hispanic origin) - All persons having origins in any of the peoples
of Europe, North America or the Middle East.
Black (not of Hispanic origin) - All persons having origins in any of the Black racial
groups of Africa.
Hispanic - All persons of Mexican, Puerto Rican, Cuban, Central or South American or
other Spanish culture or origin, regardless of race.
Asian or Pacific Islands - All persons having origins in any of the original peoples ot the
Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands. This area
includes, for example, China, Japan, Korea, the Philippine Islands, and Samoa.
American Indian or Alaskan Native - All persons having origins in any of the original
peoples of North America, and who maintain cultural identification through tribal affiliation
or community recognition.
Source:
EEOC Handbook
Introduction Booklet (EEO-4 Report)
r
2
EMPLOYMENT CATEGORIES
Officials/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. Includes department heads, bureau chiefs, division chiefs, directors, deputy
directors, controllers, examiners, wardens, superintendents, sheriffs, police and fire chiefs,
inspectors, and kindred workers.
Professional
Occupations which require specialized and theoretical knowledge which is usually
acquired through college training or through work experience and other training which
provides comparable knowledge. Includes personnel and labor relations workers, social
workers, doctors, psychologists, registered nurses, economists, dieticians, lawyers,
systems analysts, accountants, engineers, employment and vocational rehabilitation
counselors, teachers or instructors, police and fire captains, lieutenants, and kindred
workers.
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. Includes computer programmers and operators,
drafters, surveyors, licensed practical nurses, photographers, radio operators, technical
illustrators, highway technicians, technicians (medical, dental, electronic, physical
sciences), assessors, inspectors. pOlice and fire sergeants, and kindred workers.
Protective Service Workers
Occupations in which workers are entrusted with public safety, security, and protection
from destructive forces. Includes police patrol officers, firefighters, guards, deputy
sheriffs, bailiffs, correctional officers, detectives, marshals, harbor patrol officers, and
kindred workers.
Para-Professional
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. Such positions may fall within an
identified pattern or staff development and promotion under a .New Careers. concept.
Includes library assistants, research assistants, medical aids, child support workers, police
auxiliary, welfare service aides, recreation assistants, homemaker aides, home health
aides, and kindred workers.
r-
3
Office/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. Includes bookkeepers, messengers, office machine operators, clerk-typists,
stenographers, court transcribers, hearing reporters, statistical clerks, dispatchers, license
distributors, payroll clerks, and kindred workers.
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-tha-job training and experience, or through apprenticeship or other
formal training programs. Includes mechanics and repairers, electricians, heavy
equipment operators, stationary engineers, skilled machining occupations, carpenters,
compositors, typesetters, and kindred workers.
Service/Maintenance
r'
Occupations in which workers perform duties which result in or contribute to comfort,
convenience, hygiene or safety of the general public, or which contribute to the upkeep
and care of buildings, facilities or grounds of public property. Workers in this group may
operate machinery. Includes chauffeurs, laundry and dry cleaning operatives, truck
drivers, bus drivers, garage laborers, custodial employees, gardeners and
groundskeepers, refuse collectors, and construction laborers.
Source:
EEOC Handbook
Introduction Booklet (EEO-4 Report)
r
4
DISSEMINATION AND IMPLEMENTATION
To ensure that our goals for equal employment opportunity are met, we have established
- levels of responsibility to both direct and oversee our affirmative action efforts.
The managers and supervisors are responsible for reporting to the City's Affirmative
Action Officer, any and all complaints of discrimination or harassment.
All employees are also required to report any incident of discrimination or harassment to
the Affirmative Action Officer. The individual supervisor and manager has a responsibility
to ensure that all aspects of employment, including hiring, compensation, training,
promoting, discipline, and all other aspects of employment are administered fairly.
The Affirmative Action Officer shall review and investigate all complaints and determine
whether or not an act of discrimination has occurred, and recommend an appropriate
action.
Each manager and supervisor shall be held accountable for their prompt attention to, and
execution of necessary preventative, corrective, and affirmative actions.
INTERNAL DISSEMINATION
~
Ongoing formal training is provided to all management and supervisors to make sure that
they understand the concept of affirmative action and what is expected from them as
managers and supervisors in the implementation and administration of fair employment
practices in accordance with the City's Affirmative Action Plan.
The Affirmative Action Plan shall also be distributed to the local union representatives, with
whom the City shall work with to remove barriers in employment and promotional
opportunities for women and minorities.
EXTERNAL DISSEMINATION
The Affirmative Action Plan shall also be distributed to citizen committees and boards that
monitor the City's employment practices or provide suggestions on ways in which the City
may increase the effectiveness of it's Affirmative Action Plan.
RESPONSIBILITY FOR IMPLEMENTATION
The City Commission and the City Manager are ultimately responsible for ensuring that
equal opportunity and affirmative action receive the highest level of priority.
r
5
AVAILABILITY ANALYSIS
The availability analysis was prepared by utilizing the 1990 U.S. Census Workforce Data
for the Metropolitan Statistical Area of Dade County for the purpose of determining the
availability of minorities and women for specific jobs and job groups.
The City utilizes the availability analysis as a recruitment gauge that helps in the
establishment of targets for the different job groups.
In terms of affirmatively recruiting women and minorities, we must take into consideration
the availability of women and minorities for a specific job or job group. (See Availability
Analysis chart, Page 7).
The attached documents (Page 7) report the results of such an analysis, evaluating the
comparison between minorities and non-minorities, between males and females, as well
as comparing the relevant work-force to the City of Miami Beach's work-force.
1. The U.S. Department of Commerce, Bureau of Census, generates several reports
covering the Metropolitan Statistical Area (MSA) for Dade County. This report
breaks down the local work-force into Census Occupation Categories.
This report is broken down into the number and percentage of non-Hispanic White,
Black, American Indian, Asian or Pacific Islander, and Hispanic. A summary of this
information is shown on Page 7.
r--
2. Each of the City of Miami Beach (CMB) job classifications was evaluated and
placed into a Census Occupation Category, Le.; Officials and Managers,
Professional, Technicians, Para-Professionals, Administrative Support, Protective
Services, Skilled Crafts, and Service and Maintenance.
3. The percentage of Males and Females and of each minority group in the local
work-force for each of the Census Occupation Categories was then used as the
target percentage for filling vacancies for each relevant CMB job classification as
illustrated in Attachment 6A.
FOR EXAMPLE, 38.7% of the Protective Services Census Job
Occupation in the local labor force is Hispanic. The CMB Police
Officer job classification target for the Protective Service Job
Occupation is 38.7%.
4. Projected CMB Job Opportunities were identified by using budget projections for
areas of growth as well as projections for retirements. The target percentage was
applied to the projected job opportunities in each job classification resulting in the
delineation of areas of opportunity to diversify the work-force.
r
6
---
'" '" ''''
- - "'
01 01 ci
'01 or 01 0 0 0
I~I !~I ~ ~ ~ ~
10[10[ ."1 0 01 0 10
i~1 !~i !~i 1=1 I=II~II~
I. I....' 101 I-I. '0' ..'0' i-' -I 0
!.i, " Ii! I ! ! I Ii
, i~ ~j",I::II:: I~i 1~II~i :: '~
I el,-I 1-, 101 ,01 101
" ; _I ; I ! i! I,! i
; ", I :' I
T
il~! I;!
~~"I
~ I~
I
::;:
I
I
i
I I,.
,1"";;;
!! 'ii..,,, 0
Is! I
1 I ~I' , I'"
II 1!!!!cr::IO:
II 1<lel 101
' , I I'"
P ! I I
'_T
0), I I
0)1
~ II
"7'
,O'@ ,
I_,-!
<(':::l ,-'-,
,....
~;:s 1 · !
Ie.;: 'R: i 1,2'.:,1 lnl
010! Iii ,**,1
I~ c., I:.' i:::l!:i ,~: ;1:!
z~l i I I:!I"':~~I :!:
I '-'1' :ci 011 11)1 .-' 0; 'COI
10.. ,~, I i '1:1:1 :C'\I! ,N, CD: iN!
~
I
.~!i i
I~I
In :
W'
w,
,
;
I
..,.,...-..1
I 1'1"'1
I i..i~I.""
fat ,-j
. . i~;
, II'-'
!..,~I""
i~
! I
! ,
'"
...;::t-U')
.~o ..,
: . '.!_ Lt)
! ! :i :u:, ,
:3:' "':
: :liat'~,
:~!~;
I ' ,-!
,
, ' ,
, I
i i
, ! I 1
I '
I I i
I: I
I I '
i ! ]
, ,
1
"" ""
:IJ~'~ ~;
.: .."
:~~.... *I:
<
,WI_, fI:.
,u..~!!I'~ ~:
! : : r
'<: 1'-'
1:_1
, !~
'ii'
15:
....
,<'> NII-
I I
I i It
j~l 1::1 I'"
,"" ico i2
'I '
co: ,;;;[ i~! 1~ j=
!~i !~! !~II~
'N. iC")! i(f) IN
CDI IInl ',~
:<0: Icfii N
: ! I I I
:~i i:;: ;~;
iC")[ ,"'r ,M1
"'11"'[
,
"':
0,
IN
lil
<'>
~
-
""
'"
-
ci
'"
-
ci
'"
N
ci
2 r~'o ~
eo) ~_ ...,.
~
o
'"
(~
'I-
-
ci
o
I~
",r"
o
I""
N'
i"':
~I ,~~
lI:li 10:
'..., i-:
~~ I~: i~.' I!~I :*
.' ,...., I"'" "'I ,""
NI ,....' !-~ ... IN
~;,' ;;, ~. ~: ~: i:;: ;#1
Ll) (") (':I'M" ;MI iNI :~I
::!: co ,~: ;~i i~: i~i i~
"'" "" "" "" "': 1;'<' ''I-
~, ::i5, ~: ,~i :l:;: I~I I~
~i '~: :~; ;m: 12! i~II~1 ~.:
~; i~i '1';;1
,I'-: 1_: -
:(J;1 j""! j~
~l '~l !~
:,..., i-I,""
....' (0' co INI ;ini '1-1 '"
IN: i-: t"11 !....' i-I .
.e;t:
..,.'
",,'
"', ""
o '"
N. ;"'""
,0,
,-'
I
'1-:
,",I
t-'
INj 1"'1 ~
''''' li~! ;It
0' '" I'"
iN! NI ..
i~: 'I'P:I I,t:;
i' I ! j
.",
o
N','
, I
o
~
:...~:~;
, 1j!'8"' ,
II! I I~: -I ,,"11 ,MI s::
! i :~I '11:1 ,I
i II ! JCD: 0:$: ~I *1 ?f!.:
! I I i'i:~,(D, ""'i j(Q1 i....i
i! i :~:_:\l): .: CD; ::: ;~:
;;E:I :~
N'
NI ,....'
""
:""i
,
'$,' <;t'
01' ,M'
,~,
....1 ,.."i i~
IN; I::: j-
'I-
-
'1-';
... .~
&()1 Q, <<)1
'",,'
""
""
-, .....
-, -'
~' $1
.. .
..
;-'-'-
~, I
N
co '
N
~
:
'"
o
I
:. !ii
~ I
'"
;;
I~
-:: IIi
/~
N l:
t") - !~I
I
8 '
::!
~ ~, :.;' '~ i i I Iii
! t,' j, '<il' 1 '~I' -:~
;.., ~_., 1~ '.1 1.1 jD. ~l
~: i. I: j! ! i: j! ~i ~l ,~l!l
~ :i: Ii: ~: ~ .5 i; !JI 4!1'51
l,l u -, '5 - 1111 E: - ~I 1-'C/ll1
U is .e fZl e la " ~ ., o,~
__o._o......--...~.-.-.C......-~~......
6A
-
,~
-
Availability Analysis continued:
FOR EXAMPLE: Continuing with the example above, the
target Hispanic appointment rate is 38.7% for the Police
Officer classification. At the beginning of the budget year
when the projected opportunities were identified, there were
17 projected Police Officer opportunities. With 17
appointment opportunities, at a 38.7% Hispanic target rate,
(17 x 38.7% = 6.6) the target would be to hire 7 Hispanics in
the Police Officer classification. The system is flexible, as the
job opportunities change, so will the targets. Since the
number of projected Police Officer job opportunities increased
to 30, the target would reflect that change (30 x 38.7% = 12
= target for Hispanic Police Officer appointments). In fact, the
recent class of Police Officer hires included 33% Hispanics.
OCCUPATIONS OF THE LABOR FORCE BY
SEX. RACE. AND HISPANIC ORIGIN
CITY OCCUPATION CATEGORY FEM W B H AS AI
Official. & Managers 42.2 45.0 6.4 46.9 1.3 0.1
Professional 53.3 49.5 15.0 33.0 2.4 0.1
Technicians 43.5 37.8 15.3 44.0 2.0 0.1
Para.ProfessionaJs & Admin Support 76.2 Zl.7 16.8 52.1 1.1 0.1
Protective Services 19.9 36.7 24.1 38,7 0,1 0.5
Skilled Crafts 9.8 24.4 12.9 61.0 0.7 0.2
Service & Maintenance 16.3 14,3 24.2 60.3 0.6 O.t
Source: U.S, Department of Commerce. Bureau of the Census. 1990 Census of Population, EEO Special File,
Affirmative Action Statistical Packet. Miami.Hialeah MSA (Dade County) Table 3. Occupations of the
Labor Force by Sex, Race, and Hispanic Origin
Legend: FEM = Female
W = White. (non-Hispanic)
B = Blacks (non.Hispanic)
H :: Hispanic
AS = Asian/Pacific (non.Hispanic)
AI :: American Indian (non-Hispanic)
5.
At the beginning of the process, each department and major division will receive
the report indicating the projected job opportunities and the targets for each
classification. As each job vacancy occurs the hiring department will receive
updated information and the process will be closely monitored by the Affirmative
Action Officer in the Human Resources Department.
7
DIVERSITY HIRJNG PROCESS
-
The objective of the Diversity Hiring Process is to provide guidelines for supervisors and
managers in the selection of qualified employees.
This process will enable the managers and supervisors to qualify and quantify their
desires and expectations. It removes some of the element of subjectivity in the selection
process so that the focus is placed on each candidate's ability to do the job.
Attachment 9A is a flow chart of the Diversity Hiring Process. As mentioned above, the
departments will receive a copy of the projected vacancies and targets for each job
classification.
As vacancies occur, the hiring department will initiate a "Request To Fill Vacant Budgeted
Position" form which delineates the required approvals, O.e., Office of Management and
Budget, Affirmative Action Officer, Human Resources Director, and City Manager). Once
approved by the necessary individuals, the "Request To Fill Vacant Budgeted Position"
form will be sent to the Human Resources Department for processing.
The Human Resources Department will determine if an appropriate Referral Ust exists.
The diversity of the list will also be evaluated.
~
If an appropriate Referral Ust exists, the process will proceed. If an appropriate Referral
Ust does not exist, the Human Resources Department will recruit and establish a Referral
Ust.
A number of actions have been taken to ensure ethnic and gender diversity in the City's
hiring and promotional processes. A sampling of these programs and procedures are
listed under the "Other Diversity Program" section.
The Human Resources Department will develop and send a specific "Departmental EEO
Information" form along with the Referral Ust to the hiring department. Attachment 9B
reflects the form. Attachment 9C provides hypothetical information for the Recreation
Leader I classification. The "Departmental EEO Information" form will be specific to the
classification for the hiring department, and will include updated information regarding the:
a. total number of employees in that classification in the hiring department.
b. actual and the Target Number and percentage of Females, Whites, Blacks,
Hispanics, and Others for the classification.
c. number of job opportunities projected to occur for that classification.
d. total number of recent hires in that classification broken down into number
of Females, non-Hispanic Whites, Blacks, Hispanics, and others.
This form will provide the updated information needed by the hiring department to assess
r the diversity and recent hiring trends for the specific classification. ThIs step allows the
process to change as the opportunities change throughout the year.
8
--
This form will provide the updated information needed by the hiring department to assess
the diversity and recent hiring trends for the specific classification. This step allows the
process to change as the opportunities change throughout the year.
The hiring department, utilizing the updated diversity information, will conduct job
interviews. The hiring department will then prepare and submit to the Human Resources
Director, a memo recommending the candidates selected for appointment.
The Human Resources Department will review the selection memo to evaluate whether
the recommended candidate(s) is (are) the most qualified.
If the selected candidate(s) is (are) determined to be the most qualified, the process will
proceed.
If the selected candidate(s) is (are) not determined to be the most qualified, then the
Affirmative Action Officer will meet with the hiring department and review the selection
memo and the selection process. This process will continue until the department and the
Affirmative Action Officer reach concurrence as to the selection of the most qualified
candidate.
The Human Resources Department will contact the selected candidates and schedule the
medical examination, background investigation, and other appropriate employment
processing procedures.
The Human Resources Department will inform the hiring department of the results of the
- employment processing and the effective date of the appointment.
r
9
~
Diversity Hiring Process
H.R. distributes EEO Departments submits
I nformation to all -
Departments annuaily, Request to All.
NO
,--
Affirmative Action OffIcer
meets with department
and reviews selection
memo.
.--
YES NO
H.R sends EEO
YES Information, (specl~c
to job position)
to the Department.
~I
H.R recruits for
positlllll.
Department conducts
interviews.
.
Departments submits
Selection memo for
approval
NO
YES
H.R COntacts the
candidate and
schedules the
medical examination.
9A
DE\/. 12118193 REV 1/11194
--
--
z
o
j::.
, c:(
i:E
0::
o
u..
Z
-
o
LU
LU
..J
c:(
I-
Z
LU
:E
I-
0::
c:(
a..
w
C
r-
01
.S;;
c:
'"
g.
.Q
o
'....
-
c:-
~
::l
"
.2
"
'<::
"(3-
~
9B
,..--
~I
~I
~I
01
I
I
z
0
i=
<(
:E
0:::
0
u..
Z
-,
0 OJ
.S
W <::'
W. <I>
<:l;
..J~ 01
oQi
<( .QJ
I- -,
c:;.....-....;
Z ~~
~ W ::"
:E 0'
01
I- -,
0:::. ~:
<( '0
<1>,
a.. ~
w ,
c ,
,
.--
1.;.;:
C'
<1>1
I~i
_,CDI
~lll.'
<I> !
'01 I
01' I
<1>,
~,
C:' ,
oi I
;' ,
OIl
<1>1
~,
U
<I>
oc
i I
-::i
<1>1
-0:
OIl
<l>i
.....,
c::;
.s::
'CQi
CUI
ii:
_~ ~ & 9C
~
3)
4)
~
RECRUITMENT AND ADVERTISING
Recruitment and advertising are critical factors in our plan and commitment to create and
maintain a diverse workforce. In order to do so, we realized that it is imperative that we
notify all segments of our community of our job openings.
PROGRAMMATIC ACTIVITIES:
1)
Recruitment! Advertising: The City of Miami Beach shall make every effort to
recruit minorities and women according to their representation in the Dade
County's workforce.
2)
Minority and female organizations shall be informed as to the City's commitment
to Affirmative Action. The City shall use these organizations as a source of
recruitment. Job announcements shall be regularly mailed to these organizations,
and they will be actively encouraged to refer applicants and assist in the
implementation of the City's Affirmative Action Plan.
The Affirmative Action Officer shall monitor recruitment efforts for each City
Department. The Affirmative Action Officer shall communicate the findings to the
Department Director.
The City of Miami Beach's advertising policy is as follows:
The Human Resources Department shall give public notice of all
examinations for entrance into the Classified Service. Such notice shall be
posted in or near the Office of the Human Resources Department, and
copies thereof may be distributed among public officials, educational
institutions, professional and vocational societies, and such other
organizations and individuals as the Director may in each case decide.
Public notices shall specify the title and minimum compensation of the
position, the minimum qualifications required, and the final date on which
applications will be received.
Pursuant to this policy, public notice of all competitive examinations is published
in The Miami Herald. In addition, special efforts to reach the minority community
are made by publishing notices in The Miami Times, Diario Las Americas, Art Deco
Publishing, and EI Herald newspapers, which cater primarily to the minority
community. In all advertisements, "Equal Opportunity/Affirmative Action Employer"
is stated to serve as a means of encouraging minorities and women to apply. The
list of local newspapers will change periodically as the need arises.
5) In addition to such advertisements, the City of Miami Beach contacts a large
number of civic organizations, as well as the Florida State Employment Service, to
obtain qualified minority applicants for employment.
r
10
INTERVIEW SELECTION PROCESS
PREPARATION
JOB OPENING
~
LIST
QUALIFICATIONS
REQUIRED
DESIRED
VALUE DESIRED
DEVELOP
QUESTIONS
,..-
REVIEW
APPLICATIONS
AND RESUMES
INTERVIEW
CONDUCT
INTERVIEW
EVALUATION
SCORE APPLICANTS
AGAINST DESIRED
QUALIFICATIONS
.r-
MULTIPLY
WEIGHlS
X SCORES
I
...._.....~.........:
.
.
WEIGH :
RISK & IMPACT :
,
.
......................
_..........,r.~..._...:
.
.
BEST BALANCE :
CHOICE :
.
-..........-----.---..
DEV 4/93 REV 7/93
12
,--
EMPLOYMENT QUALIFICATIONS AND TESTING
,~
The City of Miami Beach maintains a Civil Service System designed to provide
employment opportunities by merit. All job qualifications are based solely upon the
demands and duties of the job. All job descriptions within the City will continually be
reviewed and updated to ensure that they accurately describe the job, and thus, provide
an accurate basis for selection of applicants.
Open competitive examinations. resume evaluation. cerformance testing. and the interview
selection process. are the basic selection tools for most City jObs. The exam must
accurately reflect job duties. The interview selection process shall assess the candidate's
ability to perform a job or function.
The Human Resources Department shall make every effort to create ongoing programs
to ensure a barrier free process of selection. All City's tests are iob-related in that they
measure the knowledge, skills, and abilities necessary for successful job performance.
EMPLOYEE DEVELOPMENT
Promotions and Training
It our policy to promote current employees whenever possible. All promotions are made
on a non-discriminatory basis without regard to race, sex, religion, national origin, age,
or disabling handicap. Promotions are based upon work performance as well as job-
related promotional examinations and other work-related qualifications and the existence
of budgeted vacancies.
The Affirmative Action Officer shall give the widest possible publicity to job vacancies to
ensure that employees and applicants are fully aware of vacancies offering them greater
career opportunities for advancement in the City's service. All personnel actions relating
to training, re-assignments, and promotions will ensure that minority, female, and disabled
employees have received fair and full consideration.
Training Programs
The City is committed to providing all employees with a vehicle for skills enhancement.
By providing various training programs, it is the City's goal to assist women, minorities,
and other employees to improve their skills and thereby afford them greater employment
opportunities with the City. The training process is outlined in the flow chart on the
following page.
Tuition Assistance
In line with the City's commitment to employee development, the City encourages
employees to enhance their skills. The Tuition Assistance Policy will afford them the
vehicle by which to do so.
13
~
The Tuition Assistance Program provides the disbursement of funds for tuition assistance
in order to encourage qualified employees to pursue formal education that will improve
their skills and abilities for the position which the employee was hired to perform or to
qualify him/her for career advancement.
Reimbursement
The City will reimburse employees who successfully complete their approved
course (with a grade of "C" or better or, attain a "Pass" in a Pass/Fail course).
See the Training Leave Policy for additional information.
DISCRIfJIINATION
The City of Miami Beach prohibits discrimination in employment, hiring, firing,
compensation, and terms, conditions or privilege of employment on the basis of race,
color, religion, sex, pregnancy, sexual preference or national origin. There are several
mechanisms that are used in combating discrimination: Diversity Training, Sexual
Harassment Awareness Training, Orientation, Selection Interview Training, Performance
Review Training and employee counseling. Training and monitoring are a part of the
City's good faith effort to create and maintain diversity in it's workforce and ensure fair
treatment in all aspects of an individuals employment.
r-
SEXUAL HARASSMENT
The City of Miami Beach shall provide employees with a work environment free from
sexual harassment and discrimination. Corrective action(s) will be taken against
employees participating in discriminatory conduct. See Sexual Harassment Policy for
more details.
DISCRIMINATORY CONDUCT
The City of Miami Beach has a ZERO TOLERANCE policy of discrimination in
employment, hiring, firing, compensation, conditions or privilege of employment on the
basis of race, color, religion, sex, pregnancy, or national origin. Corrective action(s) will
be taken against employees participating in discriminatory conduct which may include
termination. The City shall enforce all federal, state, and local laws as they pertain to
employment.
r
14
r
~
VIETNAM ERA VETERAN'S
READJI,ISTMENT ASSISTANCE ACT OF 1974
(Federal Law)
The City of Miami Beach shall employ and advance employment of qualified disabled
veterans of all wars and veterans of the Vietnam era. "Veteran of the Vietnam Era" means
a person who:
*
Served on active duty for more than 180 days between August 5,1964; and
May 7, 1975, and was discharged or released with other than a
dishonorable discharge; or
*
was discharged or released from active duty for a service-connected
disability, if any part of such duty was performed between August 5, 1964,
and May 7, 1975. No veteran may be co,1sidered to be a veteran of the
Vietnam era under this paragraph after December 31, 1991.
AMERICANS WITH DISABIUTIES ACT
(Federal Law)
The City of Miami Beach shall prohibit discrimination in all employment-related decisions:
recruitment, application procedures, hiring, promotions, compensation, job assignment,
leaves of absence, fringe benefits, training opportunities, employer-sponsored social and
recreational programs, layoffs, and termination.
History: The Americans with Disabilities Act of 1989 (ADA) is designed to end
discrimination against the disabled in employment, public services (especially
transportation), public accommodations, and telephone services. The ADA prohibits
discrimination against a qualified individual with a disability. The ADA's definition of
"disability" is one of the following:
"a physical or mental impairment that substantially limits one or more of the major
life activities of (an) individual"; or
"a record of such an impairment"; or
"being regarded as having such an impairment."
Definition of Physical or Mental Impairment: The ADA, like the Rehabilitation Act,
defines the term "physical or mental impairment" very broadly. The term includes:
orthopedic disorders; visual, speech and hearing impairments; cerebral palsy; epilepsy;
muscular dystrophy; multiple sclerosis; HIV infection; cancer or heart disease; diabetes;
mental retardation; emotional illness; specific learning disabilities; drug addiction;
alcoholism; persons with hearing aids; or persons with AIDS.
15
r
FAMILY AND MEDICAL LEAVE ACT (F.M.L.A.)
(Federal Law)
F.M.L.A. requires covered employers to provide up to 12 weeks of unpaid, job-protected
leave to "eligible" employees for certain family and medical reasons. Employees are
eligible if they have worked for a covered employer for at least one year, and for 1,250
hours over the previous 12 months, and if there are at least 50 employees within 75 miles.
EQUAL PAY ACT OF 1963
(Federal Law)
This act prohibits pay differentials on the basis of sex. It requires that there be equal pay
for equal work regardless of sex. "Equal Work" means equal use of skill and effort, equal
responsibility, and equal working conditions.
Exceptions: Pay differences are permitted under some seniority and merit pay systems,
or systems that measure earnings on the basis of quantity or quality of production.
Differences are also permitted if based on reasonable factors other than sex.
AGE DISCRIMINATION IN EMPLOYME.NT ACT (A.D.E.A.)
(Federal Law)
This act makes it unlawful for an employer to fail to, or refuse to, hire, discharge, or
-- otherwise discriminate against individuals 40 years of age or older with respect to
compensation, terms, conditions, or privileges or employment because of age.
PREGNANCY DISCRIMINATION ACT
(Federal Law)
The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of
1964 which prohibits, among other things, discrimination in employment on the basis of
sex. The Pregnancy Discrimination Act prohibits discrimination "because of, or on the
basis of, pregnancy; childbirth; or related medical conditions." Therefore, Title VII
prohibits discrimination in employment against women affected by pregnancy or related
conditions.
COMPLAINT PROCEDURE
FILING A DISCRIMINATION COMPLAINT
All employees or applicants for City employment who believe they have been
discriminated against while applying for a job, or on the job, or in the terms and
conditions of employment because of race, color, national origin, sex, religion, physical
handicap, age or marital status, may file a complaint through the Affirmative Action Officer,
a function of the City Manager's Office, or with their manager or supervisor.
r
16
r-
PROCEDURE:
1) A complainant (employee or applicant) should contact the Affirmative Action Officer
(AAO), or the Department's Affirmative Action Officer (DAAO) , manager or
supervisor, and state the nature of hisjher claim.
2) The Affirmative Action Officer will notify the DAAO, manager or supervisor, of any
complaint filed directly with the Office. Correspondingly, the DAAO, manager or
supervisor, will notify the Affirmative Action Officer of any complaint filed directly
with the department, so that the Affirmative Action Officer can investigate or
monitor the process.
3) If the complaint is filed directly with the department, the DAAO, manager or
supervisor, has 10 working days to resolve the complaint internally within the
department. If the DAAO, manager or supervisor is unable to resolve the
complaint, then the complaint is referred to the Affirmative Action Officer. The
Affirmative Action Officer will seek a solution to the complaint either through an
informal or formal fact-finding investigation. The completion of the fact-finding
inquiry should be completed expeditiously. The Department Director, or designee,
will be officially advised as to the nature of the complaint and the fact-finding
process. The DAAO, manager or supervisor, is required to participate in the
investigative process, except when the DAAO, manager or supervisor is the subject
.-- of the investigation.
4) The Affirmative Action Officer will conduct a timely investigation and make a
determination if there is "reasonable cause" or "no cause" to believe discrimination
has occurred. Opportunity is provided for an informal conciliation of the complaint.
5) If a determination is made that "reasonable cause" exists, then the Affirmative
Action Officer will reach a conciliated disposition of the complaint. This may
include employee counseling, supervisory jsensitivity training or a disciplinary
action recommendation. If a determination of "no cause" is made, the Affirmative
Action Officer may still recommend employee counseling or supervisory j sensitivity
training to improve the work environment.
6) Upon completion of the investigation, the Affirmative Action Officer will notify the
Department Director and the complainant of the findings and recommendations.
7) The Department Director shall respond to the conclusions and recommendations.
8)
If the department rejects or modifies the recommended decision, and the matter
cannot be conciliated between the Department Director and the Affirmative Action
Officer, it is referred to the Human Resources Director and then the City Manager
for resolution.
--
9) The Affirmative Action Officer notifies the employee, in writing, of the proposed
disposition of the complaint.
17
-
10) After the final disposition of the case, the complainant may review and discuss the
entire investigative file.
11) The employee has the right to appeal to the City Manager.
NOTE: The aggrieved person Is advised by the Affirmative Action Officer of alternative
complaint resolution processes and other redress mechanisms, including Equal
Employment Opportunity Commission; the Florida Human Rights Commission; or private
attorney.
DISCIPLINARY PROCESS
-
The City of Miami Beach shall maintain fair administration of the disciplinary policy and
other disciplinary practices through the training of supervisors and management.
The Affirmative Action Officer, together with the Human Resources Director, shall evaluate
and monitor the disciplinary practices of each department and supervisor, to ensure
fairness in the administration of the disciplinary process. The Progressive Performance
and Behavior Improvement Process's purpose is to encourage communication between
the City of Miami Beach's employees and supervisors and to provide guidelines by which
employees can be afforded consistent and fair treatment. Our employees are vital to the
overall operation of the City and represent a wealth of experience and knowledge.
EMPLOYEE ASSISTANCE PROGRAM (E.A.P.)
The Employee Assistance Program (E.A.P.) is designed to provide City employees with
information regarding personal counseling and assistance.
Through the E.A.P., the City provides help to employees and their family members
experiencing emotional distress, substance abuse or similar problems.
.--
The purpose of the E.A.P. is to help an employee and hiS/her family deal with personal
problems which may ultimately adversely affect job performance. It is designed to assist
with a broad range of human problems such as: emotional distress, family or marital
discord, alcohol or drug abuse, financial or legal difficulties, etc.
Confidentiality is assured. No information regarding the nature of a personal problem is
made available to a supervisor or included in personnel files without express written
consent of the employee.
Counseling with the E.A.P. Coordinator is free to the employee and participation in the
program does not jeopardize an employee's job status, promotional opportunities or
reputation.
18
--
.--
r
.
MONITORING
The City of Miami Beach recognizes that monitoring is a key element of the Affirmative
Action Plan.
Internal Monitoring:
The Affirmative Action Officer and the Human Resources Department shall monitor all
employment processes, including all terms, conditions, and privileges of employment.
Monitoring will assist in determining whether adverse impact exits and will allow the City
an opportunity to address the problem as early as possible.
Another tool utilized in monitoring and evaluating the treatment of employees is the Exit
Interview Process. This process provides the employee an opportunity to give feedback,
experiences, and perceptions during their employ. This information, in turn, allows the
City to investigate and correct areas of concern. The Exit Interview Process is flow
charted on the following page.
External Monitoring:
The Mayor and City Commissioners, from time to time, have commissioned an
independent panel. The Panel's purpose is to monitor, evaluate, and provide suggestions
on the City's progress towards it's mission of diversity.
SUMMARY
The City of Miami Beach has a firm commitment to ensure that all individuals, without
regard to race, creed, color, religion, national origin, gender or sexual preference, are
afforded equal opportunities. The City believes that this Affirmative Action Plan is the
vehicle to make it happen.
The Affirmative Action Plan has been created to map out the process of affirming diversity,
fairness, and equal opportunities in all aspects of employment.
The City will continue to look for ways to enhance the policies, programs, and efforts
which directly and indirectly contribute to the recruitment and retention of women and
minorities.
l~
i ~,