HomeMy WebLinkAboutMINUTES - 11031992 - IO.1 c
TO: BOARD OF SUPERVISORSdt. Contra
�: _,\.•
FROM: INTERNAL OPERATIONS COMMITTEE
Costa
. County
DATE: October 26 , 1992
c°vcir
SUBJECT: PRESENTATION BY THE BLACK EMPLOYEES ' ASSOCIATION
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . Authorize the Internal Operations Committee to prepare for the
Board of Supervisors ' approval, a response, in writing, to the
concerns raised by the Black Employees ' Association in their
initial presentation to the Board of Supervisors on May 18,
1992 , and in their presentation to our Committee on October
26, 1992 .
2 . . Reaffirm the Board' s decision of July 20, 1992 to increase the
likelihood of retaining existing employees and thereby
retaining the gains in the hiring of women and minorities
which have been achieved in the past few years by trying to
rehire laid off employees into available vacancies for which
the employee has the training and experience. Request the
Director of Personnel to determine what . changes in the
seniority system or otherwise would be necessary in order to
make it possible to provide laid off employees with the right
to be hired for any job for which the employee is qualified by
training and experience, not just for a position in the
classification from which the employee was laid off, and
report to our Committee on December 14, 1992 .
3 . Reaffirm the intent of the Board of Supervisors to hire,
through normal merit system hiring procedures, qualified
recipients of minority-based scholarships such as the Kennedy-
King Scholarships, who complete college.
4 . 1 Authorize the Chair of the Board of Supervisors to again write
to the Governor of California urging the appointment of more
women and minority judges to future vacancies in the Municipal
Court and .Superior Court in Contra Costa County. .
CONTINUED ON ATTACHMENT: __irYES SIGNATURE:
A.
RECOMMENDATION OF COUNT OR RECOMMENDATION OF BOARD COMMITTEE
APPROVE "da
OT
HR DER ^
SIGNATURE(S): C 0 SUNNE WRIGHT McPEAK
ACTION OF BOARD ON November 3, 1992
APPROVED AS RECOMMENDED OTHER
Lloyd Madden representing the Black Employees Association, appeared and reviewed the
items of concern and the Association's requests. The Board indicated that the items
he had outlined were covered in the above recommendations, and the November 3, 1992
memorandum submitted by Mr. Madden will be taken into account in the response that will
be formalized.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
M. See Page 4 .
SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
h
5 . Acknowledge that the Board of Supervisors has been able to
maintain the Career Development Employment Program and
Affirmative Action Program in the Personnel Department by
dedicating the 3% salary deferral from the Board of
Supervisors and Department Heads to these vital programs .
6 . Request the Affirmative Action Officer to prepare and arrange
to have distributed with paychecks within the next two months
a flyer providing her name, address and telephone number and
a brief description of what action an employee can take if the
employee believes he or she has been discriminated against.
7 . Request the Affirmative Action Officer to write an article on
Affirmative Action and the County' s Affirmative Action Program
and ask that it be published in all departmental newsletters
as a means of informing employees of the County' s Affirmative
Action Program.
8 . Request all Department Heads to communicate in an appropriate
manner with all employees in the Department to insure that the
employees know who the Affirmative Action Coordinator is and
what action should be taken by an employee who believes that
he or she has been the victim of discrimination.
9 . Request the Affirmative Action Officer to consider the
viability of panels of employees willing to volunteer their
time to serve on such panels, for the purpose of mediating
discrimination complaints and report her conclusions and
recommendations to our Committee as a part of her semi-annual
report on December 14, 1992 .
10 . Request the Affirmative Action Officer to convene meetings of
departmental Affirmative Action Coordinators on at least a
quarterly basis during calendar years 1993 and 1994 for the
purpose of insuring adequate communication with and between
departmental Affirmative Action Coordinators .
11 . Authorize the Equal Employment Opportunity Advisory Council to
make recommendations regarding the manner in which
departmental Affirmative Action Coordinators are appointed.
12 . Request the Director of Personnel to provide the Internal
Operations Committee with a status report December 14, 1992 on
how many new and current employees have been provided the
training on Affirmative Action/Equal Employment
Opportunity/Sexual Harassment as was directed by the Board of
Supervisors on October 22, 1991 .
BACKGROUND:
On May 18, 1992, the Black Employees ' Association of Contra Costa
County presented a letter to the Board of Supervisors decrying the
jury verdict in the Rodney King case. The Board of Supervisors
referred the letter from the Black Employees ' Association to the
Internal Operations Committee.
On October 26, 1992, the Internal Operations Committee met with a
number of employees and heard several presentations from employees
on behalf of the Black Employees ' Association.
Lloyd Madden, President of the Black Employees ' Association of
Contra Costa County, summarized the position of the Association and
outlined the presentations which would be made on behalf of the
Association.
The results of a portion of a survey sent to black employees were
presented to our Committee by Claire Chachere (Building Inspection
Department) and are attached to this report.
Comments regarding the activities of the Affirmative Action Officer
were presented to our Committee by Tony Thompson (Public Defender' s
Department) . A copy of these comments is attached.
2
Comments regarding the need for penalties for failure to comply
with the County Affirmative Action Plan, including recommendations,
were presented by Wayne James (Public Defender' s Department) . A
copy of these comments is attached.
John Gregory (County Administrator's Office) presented statistics
on the impact which recent layoffs have had on women and
minorities. These statistics are attached to this report, although
the source and accuracy of the data has not been documented or
verified.
Daneen Eaglin ( formerly of the General Services Department) read a
statement, a copy of which is attached.
Clovetta Mack ( formerly of the Community Services Department) read
a statement, a copy of which is attached.
Herman Henry (formerly with the District Attorney' s office) made an
oral statement to our Committee.
Kim Jenkins (General Services Department) made an oral statement to
our Committee.
Lloyd Madden provided closing comments on behalf of the
Association. A copy of Mr. Madden's introductory ,and closing
comments is attached to this report.
Supervisor Schroder indicated that the Committee intends to respond
to the concerns which have been expressed by the Black Employees ,
Association. ,
Supervisor McPeak outlined what the Board of Supervisors has
already done, beginning in 1987, to address affirmative action
objectives.
Supervisor McPeak reminded those present that the Board of
Supervisors adopted a new Affirmative Action Plan on July 9, 1991.
She also noted that the Board of Supervisors has as one of its
goals to achieve parity of the County's workforce with the racial
and ethnic distribution of the general population of working age in
the County.
Supervisor McPeak also noted that there are sanctions because the
Board of Supervisors, on July 17, 1990, directed the County
Administrator, in his evaluation of each Department Head, to
include an evaluation of the extent to which the Department Head
has made "all reasonable efforts to achieve appropriate affirmative
action goals within his or her department. " Supervisor McPeak also
noted that the County Administrator has been advised not to provide
a performance bonus to any Department Head who has not complied
with this direction.
Supervisor McPeak also noted that the County is working on a
complete stratification of employees by income band and department.
Supervisor McPeak described the pool of laid off clerical employees
from which new hires are to be drawn and indicated that she
understands this pool is working. She also noted, however, that
the other pool which had been created by the Board of Supervisors
on July 20, 1992 does not appear to be working. This pool was to
consist of all non-clerical employees who were laid off. As jobs
for which a laid off employee has the skills and experience, he or
she should be given the opportunity to be hired for this job. It
appears that these employees have not been notified of this
opportunity. Currently, a laid off employee only has a right to a
job in the same classification from which the employee was laid
off .
Supervisor McPeak also noted that the Board of Supervisors had
indicated its intent that those minority students who received a
scholarship like the Kennedy-King Scholarship and completed
college, would be encouraged to apply through normal merit system
procedures for jobs with the County for which they possess the
3
required training and experience, as employment opportunities
became available. She indicated that it might be wise for the
Board to reaffirm this intent.
Supervisor McPeak also recognized the concerns which had been
expressed about the lack of minority judges on the Municipal and
Superior Court in this County and suggested that the Committee
recommend that another letter be sent to the Governor urging him to
consider qualified women and minority candidates as vacancies for
judges in the County became available.
In response to concerns which had been expressed by the Black
Employees ' Association, Supervisor McPeak suggested that a flyer be
distributed to all employees with their paychecks identifying the
County's Affirmative Action Officer and indicating what actions
employees can take if they believe they have been the object of
discrimination. She also asked that Departments make sure that
their employees are aware of who the Department' s Affirmative
Action Coordinators are. She also asked that the Affirmative
Action Officer write an article that could be published in
departmental newsletters explaining the County's Affirmative Action
Program and its goals .
Supervisor McPeak . also asked that the Affirmative Action Officer
meet quarterly (rather than semi-annually) with departmental
Affirmative Action Coordinators for the next two years . She also
suggested that the Equal Employment Opportunity Advisory Council be
authorized to make recommendations regarding the manner in which
departmental` Affirmative Action Coordinators are appointed. She
also suggested the need for the Board of Supervisors to reemphasize
the importance of training in Affirmative Action and Equal
Employment Opportunity, which had previously been ordered by the
Board of Supervisors.
Finally, Supervisor McPeak suggested that the Internal Operations
Committee ask the Board of Supervisors for authority to prepare a
response for the Board' s approval to the concerns expressed by the
Black Employees ' Association.
The above recommendations represent our response to the
presentations made by the Black Employees ' Association. If the
Board authorizes our Committee to prepare a response for the
Board' s approval to the concerns expressed by the Black Employees '
Association, we will undertake that task as well .
cc: County Administrator
Director of Personnel
County Counsel
Affirmative Action Officer
All County Department Heads (Via CAO)
Black Employees ' Association (Via CAO)
4
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REDRESS
Affirmative Action
Not enough to refrain from bias/racism if you turn your back policies of
inequities continue.
I. Must be An Affirmative Refusal To Toleration of Discrimination
1. No sanctions for failure to hire/promote minorities
2. Excuses are accepted (target offender) .
3. No training in understanding cultural diversity.
4. • Atmosphere where minorities rather than violators are afraid.
a. Blacks are afraid to come forward
b. Managers have no incentive to insure absence of
discrimination.
Remedies: Training in Cultural Diversity, sanctions, discipline for failure to
comply in making improvements in hiring; promotion, retention and eliminating
inequities in the work place.
II. Lines of Communication
1. Orientation training exist but is ineffective - must be repeated.
Affirmative Action Officer - outreach function not merely dealing in
numbers.
a. More publication of grievance procedure: (informal) and formal
regular training sessions/seminars on cultural acceptance/how to
use grievance mechanism - EEOC, Merit Board and F.E.P.C.
b. Ignoring problems is penny wise but dollar foolish.
C. Blacks must feel that grievances can be grieved without
retaliation.
III. Suggested Role of Affirmative Action Committee
Mechanism for redress is in place, no added cost to give it some teeth.
This organization prepared to work hard at racial harmony in the workplace
--- serve on Affirmative Action Committees -- "Let' s Get Action" .
IV. Present Suggested Model For Affirmative Action Committee
Affirmative Action Committee' s Responsibilities:
* Establish annual goals and objectives of Committee;
* Assist in outreach recruiting for under represented classes.
* Review workforce representation reports and timetables and goals for
the department.
* Serve a forum on internal and external Affirmative Action issues that
affect the community we serve.
~ -2-
Bring sensitive/confidential issues to the attention of the
Affirmative Action Coordinator;
* Recommend training and educational course.
V. Spell Out Responsibilities of Affirmative Action Coordinator
* Must develop implementation plan in conjunction with the Affirmative
Action Committee not in a vacuum.
* Review and verify workforce representation and timetables & goals
reports.
* Encourage employees leaving the Department to complete and exit
interview questionnaire which we view as a crucial fact. Suggested --
model is attached.
VI. Affirmative Action Committee
* 5 Volunteers;
* Must represent cross section of workforce volunteer and or
representatives appointed should be advocates committed to Affirmative
Action.
* Affirmative Action Coordinator - ex-officio member of Committee.
VII. Procedure
* Meetings open to all department employees;
* At least six meetings a year with additional subcommittees as needed.
VIII. Reporting Requirements
1. Annual (March) development of goals and workforce plan for the
calendar year with Affirmative Action Coordinator.
2. Assist Affirmative Action Committee in preparing published annual
report.
These problems must be elleviated as we watch what' s happened in Los Angeles.
We cannot afford to stick our heads in the mud and ignore issues that divide the
community, cause hatred that would allow us to prey on another.
The trigger mechanism of the riot was public exposure of failing of a judicial
system. As a ten year Public Defender in constant contact with individuals
capable of violent/restructure behavior, I can assure you it stems from
dissatisfaction, feeling of hopelessness and that no one cares about them in
this County.
* No Black Judges, Superior or Municipal ;
* Only one minority Municipal Court Judge;
* Jury system notorious for exclusion of Black minority jurors in
Superior Court.
Yet, Municipal Court, Superior Court/Jury Commissioner did not bother to submit
an Affirmative Action Plan.
Sheriff/Public Defender/District Attorney (County Counsel all underrepresented
at professional ethnical and administrative levels.
-3-
If people feel their local government is excluding them, they don't feel apart
them, you have poured gasoline in the streets and are merely waiting for a match
to strike.
We urge implementation of these suggestions and await your response.
7;r",
AFFIRMATIVE ACTION PROGRAM FINDINGS
* The Affirmative Action Policy of this County
should assist in creating a better environment for
our racially diverse work force.
However, the survey revealed that almost 70%
of the people tallied believed that the
County's Affirmative Action Policy was
ineffective.
More alarming, however, was that 74% of those
polled believed that their department's
Affirmative Action Policy was ineffective.
* As we looked into the numbers, a couple of things
became clear.
First, that Black employees do not feel as
though within our own department that there
exist legitimate means to have discrimination
complaints aired or given a fair hearing.
Just over 50% of those surveyed had either
been the subject of or observed discriminatory
policies in their workplace. Of that same
number only 5% had over filed a formal
complaint.
People were given an opportunity to write in
brief explanations indicating why no formal
complaint has been filed. Reason varied
from "fear of retaliation" to not believing
anything would be done.
* 77% of the employees tallies did not know who
their Affirmative Action Coordinator for their
department.
This may account for the relatively small
percentage of complaints from within individual
departments. After asking a series of questions,
we found that there is an existing
report that indicates that many departments do
not have a Affirmative Action Committee.
However, much more troubling and more dramatic,
was that 61% of the employees surveyed did not
know who the Affirmative Action Officer for the
County is.
This statistic is most troubling in that
theoretically, the County' s Affirmative Action
Officer would be one Black employee could approach
if that employee felt discrimination against.
In this example, we see that for the most part,
Black employes, don't even know who the
Affirmative Action Officer is. Much less have
some belief that it is someone that can be
approached with such sensitive matters.
* The other tension that was highlighted is the lack
of confidence in many of the Black employees as to
the role of the Affirmative Action Officer.
-
Whether the position to aggressively
prosecute complaints of racial discrimination
and protect the integrity of African-American
Employees or to defend the County against
civil rights complaints. In that sense the
problem in the minds of many is that the role
of the Affirmative Action Officer is not
clear.
* The information gained regarding the effect of the
County's Affirmative Action policy on Black
employees is that :
The County has not been particularly
efficient at elimination discrimination in
the workplace.
The County has not provided a visibly means
of prosecuting racial discrimination
complaints in the workplace or to address the
of managers who engage in
discriminatory practices.
WE RECOMMEND THAT THE COUNTY:
1. Publish and disseminate function of the Affirmative
Action Officer and guidelines dealing specifically
with the procedures for filing and pursuing claims
of racial discrimination in the workplace.
2 . Increase the visibility of the Affirmative Action
Officer to line staff county-wide through
Departmental Affirmative Action Coordinators.
3. Clearly delineate the responsibility of the
Affirmative Action Officer vs. a via the
complaints of employees versus protecting the
County.
MN, name is Claire Chachere.
I will be talkin.e abrnrt the sur\ev results and their meaning,. Miter reading the
("ounty's Affirmative .Action Policy the suiArey results ha-,-e becorn_ vert;
,14,1flcant-
1 aryl P-oing to rear! Borne pertinent lines firunl the Af llTnative Action Policy
Statement.that I'd like tOr- you to keep in mind as I go through the survey results.
• identify and remove artificial barriers LO emploprient and promotion.
• aggressive effort shall be made to attract and assist members of protected to
qualify for employrnent and promotion.
• maintain a working environment. free of harassinent or intimidation.
• policy requires active support of all officials, department heads, main vers,
supervisors and ogler County employees.
• policy shall be implemented.
Let me make ver v cle:u- that we do not consider the survey results and corrlrnents
to be paranoiac iina-Anin«s or abet-rations. We insist that you accept this as
African American voices speakinol directly to the .Board.
We -
�:'e i1J 'l sUllCV IeE)��?ii 11;IS �li�L'v ilillL, L! ilai7 Ul'•e!] t'1llplilylcj bV the -V1111ty.
A�s can see 1rt.)ni Chart 1- 5211'0 FeSPOI](.ICU 1. tllPA1211 ! Vear-s.- I�"'�►
r<eti.jlonde d 6 throut, 1-1 1.1 vea1-s.. ] IIk-O �l'sl?!?11ded 1 .1 t.hrot-1211 l � \'t';ll� %1.Tld i2%
---- - -- -- a ---- -_ --
over
i1 �Ciaas.
"!"!IC Rl':Hlts stiyxg �t. t.i,,;d the. (- ollnl i1(is be en 'rsitlVely hIrIn.P_ f'L.1rican ,'kITIerictris
Over- Clic l"ls.t. f?'. e :'t.;i?`- ;..-TIC! Olaf 'I irlr`'P Iyer-G rit<ice of the .i ork torce is relat.lt'cl�'
?=Ott'.
`v've decided to find our. 11-A the: COUJIt.v'4. Atlllll AIVe Action Policy is perceived
As you can see on Chail 2, 6911,14) of respondents felt it is not efRe,c 1.11 2811io telit
it is niodera.Lely_gLT-ective.- and Yfelt it very effective.
To examine this a lItUe more closely we asked the eff-ectiveiless of their
department's Affimiative Action Policy. Chart 3 shows that 741N) felt it not
effective, 22% moderately effectiye: and 41�; veru effective.
It IS H111A)FIA171L to I)OMI. OLII that il-IWIV people responded by sitlyine that thev had rio
idea the County or their department had an Affinnative Action Policy.
On Chart.4 you see can see the response to the question-, 11 To N7%.,hat extent. do ym
feel there is racial discrimination in your department (Including racial slurs, jol,-,es,
I - -
-espolldeiiLs felt 1 57% felt it soinewhat-,
and. bchavIoi-Y!" 29% of I it excess've., I
and 1.4% felt [here was none.
I.A-lien asked to give brief descriptions of discriminatory practices that they had
been the sub-iect of or had c)bsci-,�cd, malty respondents repeated the saine three
I inequity I -miot.ing of illfi-lcafl
problems. Most often cited was die the I)i--L I
Americans- Sippificantly- 62".16 of the respondents reported 0 to I Biack
supervisor or manager in their departnients. 22% reported 2 to 541,,io repotted 4
to 5- and 11"/' reported over 5.
..o 'er
Discriminatory promotioml pi-aclices repoil.ed Included nk"Cill-MIL10,11 ol.
Minimum requirements to exclude people ol: color. temporaries of other races
hired before African Americans-, alit! quall.fied ',--,'lack Indi-,ldl.1311's OVL-1-11001"el1 1`61,
01-ornot-1011al posit.11")II's eve.,I thouOl i.,LIL,.,: had Iii.LJ11 LoSL Scel-LS. 2,11SO I-Lrlorted
i.111equal discipliflary acoolis Ime COVel'-111.) of wronm- dolrl�s of WhAe
iTIV 1-CIS cited racial C-OFI-ITTle-TILS IFICILICI...
eT,ll:)i0VCC,Z. F.,T1 Ti!" lqp
Itv ' 4'
,I-. y'-u--less of Cultural
" cieotypeslack ack of elic.111 I sJ, 1 0- A
01C. U;11del-ITI Ilil 12: C-11.011%:'5 :;I•.;:::..
VNIficrr asked it aw.., ole ilii': IS Lic-: had beell Fc,--ok-,ed the thellf- Sahslaction, S"!
ol the I -Spondents Sal, lo.
7!Sked if Ille-e iSSUeS were, I)FOUght 10 111e Atent.1011 the C-0111ILV's
TTT1
...... --Actlon 80"/6 of resporldents said
Many cited fear of retaliation, ti.e stiprla of alienation, and bei;i2 assloied the
"trouble maker" label as reasons for not repoIting these problems. It trust also
be noted here that. 61"'i, of responiients dil not know who the At�innative Action
Officer is, and 7'?u o (lid not knowAffirmative who the Armative Action Coordinator is for
their department.
Finally, we decided to ask Black employees of the County who have been
employed over 5 years if they felt the incidence of racial °diserimination had
chagged. 62% said no and 890% of those that said yes qualified their answers by
explaining that more African Americans had been hired by the (_'uurrt.y bnt that
the discriminatioll IS 11OW inure subtle, and includes controlled coordination and
sophistication.
our analysis of the su.-vey resu4s icad us Lo nco,- ilzecaz� .;Ihiii. (hc (--ciuntv's
Ailli-mative Act.I'C-11 PAcv 1118v be IncreasIngly effecvu I-
)iim-mI2. pui-poses but
hicks teeth when a comes t('11 the promotion of' African Americans and is sorely
deficient In chaik,,ung workpl-ii-ce atmosphere. The policy m-'.ty hax.-C been tacked
on billboards throup
,jiout County offices, but it is merely words ort paper for the
rnaJorltv of African Americaus emploved by Centra Costa Cotmiv. Wimt. we
know and feel individual1v is appalling when looked at collectively. VVe insist
upon active -cmd aggressive implementation of the Affirmative Action Policy.
]0r43?XAC)W3K3E!:>
C_-C)jqUffjZA1k CCS TA Cp►UNTY
40
DATE: October 21, 1992
TO: Internal Operations Committee
FROM: Black Employees' Association Contra Costa County
SUBJECT: BEACCC Presentation Scheduled for Monday,
October 26, 1992 '
------------------------------------------------------------------------------
As you may recall on May. 18th the Black Employees' Association expressed its
outrage at the Rodney King verdict and travesty that followed. We expressed
our feelings relative to how the verdict and aftermath is affecting us in, our
work places throughout County government. We also respectfully requested -that
the Board of Supervisors respond in writing to the question and challenge,
"What are we going to do in Contra Costa County to promote equality, respect
and understanding of each other and to eliminate the double standard that is
prevalent throughout County government?"
The Board referred our concerns to this Committee for review and recommen-
dation(s.). In an effort to provide you with the most reliable and current
Information, a Fact Finding Committee was established to develop a
questionnaire (copy attached) that was distributed in most, if not all, County
departments to Black employees.
At this meeting we will present the following:
* Analysis of surveys collected - Claire Wilson
* Affirmative Action officer's findings - Tony Thompson
* Redress recommendations, internal and external - Wayne James
* In addition to these three areas, we also have concerns
relative to the impact of layoffs on Blacks that we will
present as a separate but related affirmative action concern
John Gregory
* individual testimony
CLOSING
The County's workforce is aging and coming to us from a ever-growing diversity
of culture, education, experience, interest and abilities. It is critically
important for us to build a cohesive, effective, and caring county workforce
team that recognizes and reflects this diversity.
To do so requires concerted effort and in some cases new skills. openness of
communications and good listening skills are key to understanding,
appreciating, and utilizing the differences among our increasingly diverse
workforce.
Iriternal Operations Committee -2- October 2.1, 1992
Equal Employment and Affirmative Action have been guiding principles for the
County since the Consent Decree of 1975. These same principles must continue
to be a fundamental value in the management of the County's human resources in
years ahead.
We believe these efforts are the real keys to achieving a supportive and
productive work environment, that draws upon the strength each of us bring to
the County and strives to improve our service to an increasing and diverse
population.
Affirmative action efforts are built, of course, upon the bedrock foundation
of a continuing commitment to comply with all existing equal employment
opportunity policies and laws. All employees have a right to a working
environment conducive to `productivity and good job performance, free of
harassment, retaliation, intimidation and double standards.
We welcomeand request a . response to the concerns and recommendations
presented this morning.
Attachment
cc: Emma Kuevor, .Affirmative Action Officer
NAACP-Richmond Branch
NAACP-Pittsburg Branch
Concord Black Families -Association
Rev. Curtis Timmons, Interdenominational Ministerial
Alliance
f
V rte'" I
BLACK EMPLOYEES ' ASSOC=AT=ON
CONTRA COSTA COUNTY
DATE: October 21, 1992
TO: Internal Operations Committee
FROM: Black Employees' Association Contra Costa County
SUBJECT: Summary of Presentation Scheduled for
Monday, October 26, 1992
-----------------------------------------------------------------
As you may recall on May 18th the Black Employees' Association
expressed its outrage at the Rodney King verdict and travesty
that followed. We expressed our feelings relative to how the
verdict and aftermath is affecting us in our work places
throughout County government. We also respectfully requested
that the Board of Supervisors respond in writing to the question
and challenge, "What are we going to do in Contra Costa County to
promote equality, respect and understanding of each other and to
eliminate the double standard that is prevalent throughout County
government?"
The Board referred our concerns to this Committee for review and
recommendation(s) . In an effort to provide you with the most
reliable and current information, a Fact Finding Committee was
established to develop a questionnaire (copy attached) that was
distributed in most, if not all, County departments to Black
employees.
At the meeting on Monday, we will present the following:
* Analysis of surveys collected;
* Affirmative Action Officer findings;
* Redress recommendations, internal and external;
* Individual testimony
In addition to the above, we also have concerns relative to the
impact of layoffs on Blacks that we plan to present as a separate
but related affirmative action concern.
The County's workforce is aging and coming to us from a
ever-growing diversity of culture, education, experience,
interest and abilities. It is critically important for us to
build a cohesive, effective, and caring county workforce team
that recognizes and reflects this diversity.
To do so requires concerted effort and in some cases new skills.
Openness of communications and good listening skills are key to
understanding, appreciating, and utilizing the differences among
our increasingly diverse workforce.
Internal operations Committee -2- October 21, 1992
Equal Employment and Affirmative Action have been guiding
principles for the County since the Consent Decree of 1975.
These same principles must continue to be a fundamental value in
the management of the County's human resources in years ahead.
We believe these efforts are the real keys to achieving a
supportive and productive work environment, that draws upon the
strength each of us bring to the County and strives to improve
our service to an increasing and diverse population.
Affirmative action efforts are built, of course, upon the bedrock
foundation of a continuing commitment to comply with all existing
equal employment opportunity policies and laws. All employees
have a right to a working environment conducive to productivity
and good job performance, free of harassment, retaliation,
intimidation and double standards.
We welcome and request a response to the concerns and
recommendations that will be presented.
Attachment
cc: Emma Kuevor, Affirmative ActionOfficer
NAACP-Richmond Branch
NAACP-Pittsburg Branch
Concord Black Families Association
Rev. Curtis Timmons, Interdenominational Ministerial.
Alliance .
BLACK 3EMa3PX: >YBOSTA CU'U2�T'T'Y =ON
7131192
Dear FelloNN, Employee.
As a Black American employee of Contra Costa County, the Contra Costa County
Black Employees Association has developed this survey which we are asking you to
complete. Our purpose is to compile data related to the Affirmative Action Goals of
Contra Costa County Government. The Association is preparing a report «fiich
identifies areas of concern relating to recruitment, hiring and promotional
opportunities for all underrepresented groups. This report will be presented to the
Internal Operations Commitee of the Board of Supervisors at a later date.
THE INFORMATION YOU PROVIDE NNgLI., REMAIN CONFIDEN i,IAL AND WILL
BE USED SOLE,L'i' I3l'`l'l I I: ASSOCIATION FOR STATISTICAL PURPOSES ONLY.
YOUR NAME IS oirnO)NAI„ BUT \'1'I? ARE, REQLESTING THE NAM!E, OF YOUIZ
DEPARTMENT TO COMPARE OUR FINDINGS WITH THE COUNTY'S RETORTS.
Thank you for conil)ieting thc c{ucstionaire.
Fact Finding Committee
BLACK EMPLOYEE ASSOCIATION CONTRA COSTA COUNTY
FACT FINDING QUESTIONAIRE
PLEASE CIRCLE OR FILL IN THE BLANKS BELOW
1) A. Your Name (optional)
B. Name of Department
2) Job Category
Officials/Administrators Professional
Technician Para-professional Office/Clerical
Skilled Craft Protective Service Service - Maintenance
3) How long employed by Contra Costa County?
1 - 5yrs 6 - 10 yrs 11 - 15 yrs over 15 yrs
4) How long employed by current department?
I - 5yrs 6 - 10 yrs 11 - 15 yrs over 15 yrs;
5) Approximate number of employees in current department?
1 - 10 11 - 15 26 - 100 over 100
6) Approximate number of Black supervisors/managers in your department?
0 -1 2 - 3 4 - 5 overs
7) Do you know who the Affirmative Action Officer is for Contra Costa County?
Yes No
C dinator.
8) Do you know who the Affirmative Action �r is in your department?
Yes No
9) How effective do you feel the County's Affirmative Action Policy is?
Not effective Moderately effective Very effective
14) How effective do you feel your department's Affirmative Action Policy is?
Not effective Moderately effective Very effective
11) To what extent do you feel there is racial discrimination in your department
(including racial slurs,jokes and behavior)?
None Somewhat Excessive
12) a. Have you observed or been the subject of discriminatory practices in your
department?
Yes No
b. If yes to #12, please give brief description:
Coordinator
13) a. Was your Supervisor, the Affirmative Action Q4firer, or Department
Head made aware of the practice?
b. Was the issue resolved to your satisfaction?
Yes No
c. If no to ab.-ve questions, did you discuss/talk over the issue with the County's
Affirmative Action Officer?
Yes No
d. If no, Why not ( fear of retaliation, AAO unknown to me etc)
14). a. Have you ever filed a formal discrimination complaint with either your
Department's AAO or the County's AAO?
Yes No
b. If yes, give date of occurrence and breif description of your complaint
c. Was the issue resolved to your satisfaction?
15) a. If you been employed over Tice years by the County, do you feel the incidents of
racial discrimination has changed?
Yes No
b. if yes, how has it changed?
THANK YOU FOR COMPLETTING THE QUESTIONAIRE9 PLEASE RETURN IT
TO
A- Exhibit A
3EMa3?3Zx<:>WJF-3E-4S 'w
3B3COA
A.
'01/31/92
Dear Fellow Employee,
As a Black American employee of Contra Costa County, the Contra Costa County
Black Employees Association has developed this survey which we are asking you to
complete. Our purpose is to compile data related to the Affirmative Action Goals of
Contra Costa County Government. The Association' is preparing a . report which
identifies areas of concern relating to recruitment, [tiring and promotional
opportunities, for all underrepresented groups. This report will be presented. to the
Internal Operations Commitee of the Board of Supervisors at a later date.
THE INFORMATION YOU PROVIDE NNqLL REMAIN CONFIDENTIAL AND WILL
BE USED SOLELY BYTI-I l-,1 ASSOCIATION FOR STATISTICAL PURPOSES ONLY.
YOUR NAME IS 0111TIONAl- BUT WE'- ARI? REQUESTING THE NAME OF YOUR
DEPARTM ENT TO C01\1VARE, OUR FINDINGS WITH TI-114" COUNTY'S RIZ111ORTS.'
Th.-ink. vou for completing the questimiaire.
Fact Finding Committee
BLACK EMPLOYEE ASSOCIATION CONTRA COSTA COUNTY
FACT FINDING QUESTIONAIRE
PLEASE CIRCLE OR FILL IN THE BLANKS BELOW
1) A. Your Name (optional)
B. Name of Department
2) Job Category
Officials./Administrators Professional
Technician Para-professional Office/Clerical
Skilled Craft Protective Service Service - Maintenance
3) How long employed by Contra Costa County?
1 - 5 yrs '6 - 10 yrs 11 - 15 yrs over 15 yrs
4) How long employed by current department?
1 - 5 yrs 6 - 10 yrs 11 - 15 yrs over 15 yrs
5) Approximate number of employees in current department?
1 - 10 11 - 15 26 - 100 over 100
6) Approximate number of Black supervisors/managers in your department?
0 -1 2 - 3 4 - 5 over
7) Do you know who the Affirmative Action Officer is for Contra Costa County?
Yes No
C di nator.
8) Do you know who the Affirmative Action �r is in your department?
Yes No
9) How effective do you feel the County's Affirmative Action Policy is?
Not effective Moderately effective Very effective
10) How effective do you feel your department's Affirmative Action Policy is?
Not effective Moderately effective Very effective
11) To what extent do you feel there is racial discrimination in your department
(including racial slurs,jokes and behavior)? .
None Somewhat Excessive
12) a. Have you observed or been the subject of discriminatory practices in your
department?
Yes No
b. If yes to #12, please give brief description:
Coordinator "
1.3} a. Was your Supervisor, the Affirmative Action Officer, or Department
Head made aware of the practice?
b. Was the issue resolved to your satisfaction?
Yes No
c. If no to above questions, did you discuss/talk over the issue with the County's
Affirmative Action Officer?
Yes No
d. If no, Why not ( fear of retaliation, AAO unknown to me etc)
14). a. Have you ever flied a formal discrimination complaint with either your
Department's AAO or the County's AAO?
Yes No
b. If yes, give date of occurrence and breif description of your complaint
c. Was the issue resolved to your satisfaction?
15) a. If you been employed over fice years by the County, do.you feel the incidents of
racial discrimination has changed?
Yes No
b. if yes, how has it changed?
THANK YOU FOR COMPLETTING THE QUESTIONAIRE, PLEASE RETURN IT
TO
Exhibit B
SUGGESTED MODEL
AFFIRMATIVE ACTION COMMITTEE
A. Statement of Purpose
The purpose of the Affirmative Action Committee is to serve in an
advisory capacity to..the on Affirmative Action issues
and related matters. It is not a policy making body, but it suggests
programs, policies, and procedures which will aide the department in
addressing the department's Affirmative Action implementation plans.
1. Affirmative Action Committee's Responsibilities
* participates in the development and implementation of the Department's
Affirmative Action Implementation Plan which includes but is not
limited to the following:
a. establishing annual committee goals and objectives.
b. making recommendations for achievement of goals and objectives.
C. assisting in outreach recruiting for underrepresented classes when
exams are going to be announced or temporary appointments are to
be made.
d. reviewing workforce representation reports and timetables and
goals for the Department.
* serving as a forum for discussions on internal and external
Affirmative Action issues and concerns that may impact the community
we serve.
* bringing sensitive/confidential issues to the attention of the
Affirmative Action Coordinator in order to assist in the resolution of
potential cases of harassment and/or unlawful discrimination.
* when serving, individuals are responsible for maintaining confiden-
tiality of any sensitive information shared during the course of
meetings.
* recommending training and educational courses and career development
programs to meet the needs of staff.
* developing educational , social and other events that promote a better
understanding of culture diversity within the department.
B. Affirmative Action Coordinator
An Affirmative Action Coordinator has been designated to assist the
in implementing the department's Affirmative Action
implementation plans, and assisting in the resolution of Affirmative
Action issues within the department.
-2-
AM mative. Action Coordinator Responsibilities
* developing the department's Affirmative Action Implementation Plan in
conjunction with the Affirmative Action Committee with consultation
and under the direction of the
* serving as liaison to the Affirmative Action Committee.
* reviewing, verifying and maintaining workforce representation, and
timetables and goals reports.
* ensuring that final selection interview procedures are being followed
by the department.
* attending Affirmative Action Coordinator's meetings and transmitting
information to appropriate staff members within the department.
* transmitting recommendations of the Affirmative Action Committee to
the
* encourage employees leaving the to complete an
exit interview questionnaire (attached) ."
C. Composition of Committee
The Affirmative Action Committee is composed of five volunteers within
the Department appointed by the
* a cross section of the department's workforce population by categories..
such as occupational category, sex, ethnicity, and work locations will
be recruited and maintained.
* terms will begin on and
* the Director of or his designee will actively
recruit new members to fill vacancies.
* the Affirmative Action Coordinator will serve as an ex-officio member
of the Committee.
0. Committee Leadership
The Committee leadership will consist of a Chairperson, Vice-chairperson
and Recording Secretary which represents three of the five members of the
Committee.
* the Chairperson will be responsible for chairing each Committee
meeting.
* the Chairperson will develop the agenda and the Recording Secretary
will type and distribute the agenda to Committee members and circulate
to other staff in the department seven days prior to the scheduled
meeting.
-3-
the Vice-chairperson will assume the responsibilities of the
Chairperson in his/her absence.
* the Recording Secretary will record minutes of each meeting. The
minutes will be mailed with each agenda.
* leadership team elections will be held in January of each year.
E. Committee Meetings
* committee meetings will be open to all Department
employees.
* meetings will be held at least six times a year (January, March, May,.
July,. September and November).
* additional meetings of the Committee or sub-committees will be
scheduled as needed.
F. . Committee Reporting Requirements
* each March, the Committee will develop inconjunction with the
Affirmative Action Coordinator annual goals and a work plan for the
calendar year.
* the Committee will assist the Affirmative Action Coordinator in
preparing an annual report of Committee activities.
Affirmative Action Coordinator: Name:
Telephone:
Or Exhibit C
SAMPLE
EXIT INTERVIEW QUESTIONNAIRE
The Affirmative Action Committee has been informed that you are leaving the
Department. We are interested in knowing the reason(s) for your
separation. This questionnaire has been developed to collect information that
can benefit us in the future. Based on the information received, we can make
changes to operating policies and procedures and thereby improve the working
environment and employee working relationships. Completion of. this
questionnaire is voluntary. We encourage you to help us by doing so. Please
return the completed questionnaire to:
Employee's Name or #:
Job Classification:
Date of Separation:
1. Please check the appropriate reason for your separation.
A. RESIGNATION (check more than one if applicable)
Self-employment Military service
Health Return to school
Another job Stress
Pregnancy Dissatisfaction with work
A Disability or work environment
Relocation
B. TERMINATION D. OTHER
Rejected Probationer Retirement
Dismissed Termination of Project
End Limited-Term Appoint-
ment (Temporary)
C_ LAYOFF Transfer to another Dept.
2. Was your pay a factor in your separation? : Please explain.
-2-
3. Were your employee fringe benefits a factor in your separation? Please
explain.
4. What did you like about your job?
5. What did you dislike about your job?
6. Were there any departmental factors that affected your job performance?
Please explain.
7. Every department has rules, regulations and policies. Is there a
policy(ies) that you think should be changed? If so, how? What existing
departmental policy(ies) impair the efficiency of the
Department?
8. Do you believe you received adequate on-the-job and/or classroom training?
Please explain.
-3-
9. What suggestions do you have in order to improve future training? Please
be specific.
10. Describe the most helpful quality of your supervisor's training? Why?
11. Do you believe you received an opportunity for career advancement? Please
explain.
1.2. What suggestions do you have for possible improvements in the Department?
13. Do you feel that your job experience has enhanced your employable skills?
Please elaborate.
14. If you have additional comments or ideas which you believe will benefit
the department and your fellow employees, please include those here.
15. Do you wish this information to remain confidential? Yes No
Exhibit D
f
GENERAL SERVICES DEPARTMENT
Central Service Division
2366 B Stanwell Circle
Concord, California 94520-4807
Extension 6-5521
DATE: May 14, 1992
i
TO: iene E glin, career Development Worker
FROM: . ma Wolff, .Central Services Manager
SUBJECT: Safe Driving Practices
Yesterday I spoke to you and Marvis about a County employee
observing van 5807 travelling at. . an excessive rate of speed.
This incident occured on Monday afternoon at approximately 4:20. '
The van was heading southbound on I-680 just south of the Marina
Vista on ramp. As reported to me, the vehicle .was being driven
in excess of 70 miles per hour. You were being trained by Marvis
Douglas on the Special/Foot .route.
I
I want to impress on you the seriousness of this incident. There
is no legimate reason to drive that fast. At best, only a few
minutes would be gained in the short distance to Concord. You
will eventually be trained on all the distribution routes and I
will expect you to obey all appropriate vehicle. laws. Failure to
do so could result in disciplinary action, including dismissal
from. County employment. !
I
AEW
cc: Tony Pellegrini
I
I
May 22, 1992
TO: Mr. Armand Wolff, Central Services Manager
FROM: Denene Eaglin, Office Services Worker - CDEP
SUBJECT: Reprimand dated May 14, 1992
This is in response to your May 14, 1992 memo attached
reprimanding me for travelling at an excessive rate of speed as
a passenger. Marvis Douglas my trainer was not driving faster
than the posted speed limited (55 mph) .
Your memo implies that I was the driver and warns me of the
disciplinary action that could be taken for failure to obey all
appropriate vehicle laws. This memorandum is unfair and should
be rescinded.
Prior to my appointment on April 1, 1992, I spent 12 weeks in
the County' s Career Development Employment Program developing
good work ethics and attitude on the job. The program among
other things:
1. Never be late for work
2. Follow instructions
3. Comply with all operating procedures
and practices
4. Obey all safety rules
5. Always do my job thoroughly
6. Ask for help when it is needed
7. Don' t overspend breaks and lunch hours
8. Use sick leave only when sick
9. Accept criticism without anger or
argument
All these are good work habits and I practice them daily because
I believe it is what you expect of me as an employee.
In spite of what other Central Service . employees may tell you
for whatever reason, I like and need this job. I am a single
parent with two children. This job took me off AFDC and if I
can help it I am not going back to that lifestyle.
If you decide not to rescind your May 14th memo, I request that.
this response be made a part of your memo and circulated
accordingly including my personnel file.
cc: Tony Pellegrini
Lloyd Madden, CDEP Manager
r
' Exhibit E
July 31, 1992
Contra Costa'County Administration
Emma Kuevos
Affirmative Action Officer
651 Pine Street 10th Floor
Martinez, KCA 94553
Dear Ms. Kuevos
On April 17, 1992 I came to you to file a complaint of racial discrimination.
I told you some of the details of my problem. You gave me the complaint form,
and said you would make a few phone calls to see if you could stop some of the
harassment I was receiving daily from Wilda Davisson Program Manager, Community
Services Department, Child Development.
I left feeling that I would receive help from your office.. I remember meeting
you at our Saturday employee workshop. In your speech you assured the workers
that your office was there for the people. We could talk to you anytime. Well,
I feel the only right I have, the right to a workplace that is free from
discrimination was denied.
When I returned to work. I felt I was treated worse. I felt discriminated against
more so, because the retaliation was blatant. I was called to Wilda. Davisson's
office three and foVr times a day. I was written memo after memo.. Her tone of
demeaning
voice was mean and . :: She ordered me to the office. and told me she would
give. me three seconds to get there. This was on Monday April 20, 1992. Just days
after I spoke to you. Every decision I made she overruled it. It was horrible.
Finally I was sent to Dr. Bortman about a week after I spoke to you.
I was still under the impression that your office would help me. Usually no action
"should be taken against the employee until an investigation is complete. I recei�T:-
no help or information from anyone. I called you every time I felt. I was not treated
fairly. ' I confided in you: You were my only source of support. I feel you let me
down.
pg. 2
I called you when Silvanna Camatorri took all my personal belonging out of my office.
You told me they are just trying to make the new person comfortable". I thought
this response was strange. I was only gone for two days. I thought I was going
to return after my visit to Dr. Bortmann for a fitness for duty exam. The sad thing
is, I should have gone that day and got my personal belongings, when I returned for
them on June 25, 1992 they could not find them. I lost everything. Some things of
value. The most disturbing thing was to loose all my baby pictures. They are not
replaceable.
When I received my termination letter, I called you. You told me that because I
filed a complaint with EEOC this took your investigation out of your hands. I went
to you in April, 1992. My appointment with EEOC was May 7, 1992. 1 told you when
I spoke to you that I had a appointment on May 7, 1992. 1 told you the discrhmfinaion
and harassment was so bad, I look in the county directory and found your number. I
called the EEOC office and asked if they could see me sooner. I told them that the
harassment was so bad, I thought about quitting.
I asked you about my investigation. Surely something had to come from all the
information I brought to your office. I thought it was strange that I never received
one letter from you. I never received a letter that you received my complaint and
the investigation was in progress. You never informed me of the process. I had
rights within the county. The system failed me. I think of the times I called you
pouring out my soul and no attempt was made to help me or give me directions to.
help my self.
I was very disappointed when I spoke to you in June. You told me you would send me
a notice closing out my file. I never recived this letter. Today is the last day
in July, 1992. 1 have not received the closing papers.
I was given the County's procedure for discrimination complaints. I was not informed
of any of the procedures by you office. Included in my complaint packet was a
. k
A
pg. 3
request for an informal investigation as well as a formal investigation.
As stated on June 16, 1992, please send me the closure of my file.
If I had to do this all over again, I would not file a complaint with your
office. I feel It fell on deaf ears.
With all the discrimination problems in Contra Costa County, I'm not surprised
that Management gets away with the disparity of treatment for people ofcolcr.
I will expect this document within (5) days. If I have not received it I
will call you.
Clovetta Mack
CC: EEOC
Fair Employment and Housing
Harry Cisterman, Director, . Personnel
Merit Board
Senator Boatwright
Dr. Robert Cervantes, Director
Department of Education
Black Employees Association
Attorney Dorothy Gillery
• gLACK EMPLOYEES • ASSOCIATION
CONT1Z2%. COSTA COUNTY
4
4;0,
Date: November 3, 1992
Zb: Supervisor Sunne W. McPeak, Chair
Members of Contra Costa County Board of Supervisors
From: Black Employees Association, Contra Costa County
Subject: Summary of Recommendations Submitted and Formulated at
the October 26, 1992 Internal Operations Committee Meeting
On Monday, October 26 the Black Employees Association presented infor-
mation to the I.O.C. covering fair areas:
A. Analysis of nonscientific survey
- Total rnmnber of Black employees as of June 30, 1992 - 945;
- Number of questionnaires distributed - Approximately 600;
- Total nmuber of questionnaires collected as of October 16,
1992 - 167 (28%) .
B. Affirmative Action Program Related Findings
C. Redress Recommendations (internal and external).
D. Iayoff Impact on Black Employees
In addition to these four areas, we had personal testimony from one
current and three former County employees.
1e foUcrw. rg were submitted as part of individual
pmx sentaticns:
1. Publish and disseminate the function of the Affirmative Action
Officer and guidelines dealing specifically with the procedures for
filing and pursing claims of racial discrimination in the
workplace.
- Supervisor McPeak suggested that this information be
distributed with employees' November 10th paycheck.
2. Increase the visibility of the Affirmative Action Officer to line
staff county-wide through better utilization of Departmental
Affirmative Action Coordinators.
3. Clearly delineate the responsibility of the Affirmative Action
Officer vs. a via the complaints of employees versus representing
the County.
-2-
4. Departmental Affirmative Action Coordinators meet with Affirmative
Action Officer quarterly rather than semi-annually to discuss
subject matter issues, concerns and progress.
5. County adopt a uniform Affirmative Action Committee structure in
appropriate size departments that include but is not limited to
describing the following:
- Purpose of Committee;
- Committee's Responsibilities;
- Affirmative Action Coordinator's responsibilities;
- Composition of Caarnnittee;
- Designation of leadership responsibilities;
- Regularity of Committee meetings;
- Committee reporting requirements
6. Adopt an Exit Interview Questionnaire Policy and incorporate it
into the responsibilities of the Affirmative Action Committee and,/
or Coordinator.
in your Board report you should have copies of the suggested format
for the Committee and the exit interview questionnaire.
7. More training in understanding cultural diversity in the workplace.
Reoommesrlati ons from the floor as a result of discussion included:
* Establish criteria for selection and appointment of Affirmative
Action Coordinators in each department by Department Heads.
* Department Heads survey staff periodically to determine
effectiveness of-their Affirmative Action Coordinators and replace
if majority of survey respondents feel negatively.
* Departments conduct new employee departmental orientations that
include the review of the County's Affirmative Action Program Plan,
department's Affirmative Action Implementation Plan and operating
policies including Administrative Bulletins.
* Consider establishing a special panel to review complaints of
discrimination.
The Board of Supervisors and department heads are to be commended for
giving up their cost of living increases to fully reinstate the County's
Career Development Employment Program and the overall Outreach and
Recruitment Program in the Personnel Department. The Board should also
be cotmmended for the establishment of the Equal Employment Opportunity
Advisory Council. The reality is, we have a long way to go and with
next year's budget forecast being parallel to this year's, we must all
work in harmony to minimize next year's impact on our progress in
Affirmative Action appointments, retention and promotions.
We humbly submit these recommendations for consideration.