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HomeMy WebLinkAboutMINUTES - 01051993 - IO.6 TO: BOARD OF SUPERVISORS I .O.-6E:`-""` Contra �77 �•. '. , Costa FROM: INTERNAL OPERATIONS COMMITTEE County DATE: December 14 1992 T SUBJECT: STATUS REPORT ON VARIOUS REFERRALS MADE TO STAFF AS A RESULT OF THE PRESENTATION BY THE BLACK EMPLOYEES ' ASSOCIATION SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS.- 1 . ECOMMENDATIONS:1 . Accept the attached report from the Affirmative Action Officer in response to the comments which were made to our Committee on October 2.6, 1992 by the Black Employees ' Association and request the County Administrator to forward the report to the President of the Black Employees ' Association for their information. 2 . Remove this item as a referral to the 1992 Internal Operations Committee and instead refer it to the 1993 Internal Operations Committee. Request the County Administrator to propose a response to' the comments made by the Black Employees ' Association and share it with the Black Employees ' Association and 1993 Internal Operations Committee for their consideration and further discussion as soon as possible after the 1993 Internal Operations Committee is established. BACKGROUND: On October 26, 1992, our Committee meet with the Black Employees ' Association and received a number of comments from the Association and its members . Several of these were addressed to the Affirmative Action Officer. We have now received responses to each of these comments from the Affirmative Action Officer. The responses to other comments are still being prepared by the County Administrator' s Office and will not be able to be considered by this Committee before it goes out of existence. We are, therefore, asking that this matter be referred on to the 1993 Internal Operations Committee for their further consideration in the near future. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY DLtTRATOR RECOMMENDATION OF BOARD COMMI TEE APPROVEO �. 4QRO R SUNNE WRIGHT McPEAK SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER 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: TTESTED Contact: County Administrator PHIL BA HELOR,CLER F THE BOARD OF cc: Affirmative Action Officer SUPERVISORS AND COUNTY ADMINISTRATOR Director of Personnel County Counsel Lloyd Madden, President By DEPUTY Contra Costa Black Employees ' Association Office of the County Administrator Contra Costa County Affirmative Action Office 651 Pine Street, Martinez, CA 94553 (510) 646-4106 DATE: December 3, 1992 TO: Internal Operations Committee FROM: Emma Kuevor ��'/� Affirmative Action Officer SUBJECT: Responses to the Presentation by the Black Employees Association as directed by the Board of Supervisors On October 26, 1992, the Black Employees ' Association of Contra Costa County presented to the Internal Operations Committee a report from their. fact finding committee. The committee developed a questionnaire that was distributed to African American employees in County departments . Based on the results of the questionnaire, several recommendations were presented. The Internal Operations Committee has requested the following responses : 1 . 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. Response: A flyer has been prepared discussing the County and Departments ' Affirmative Action Plans . The Affirmative Action Coordinators ' name and telephone number along with my name, location, and telephone number is also listed. The Administrative Bulletin on the County' s Discrimination Complaint Procedure has been included with the flyer and will be distributed with the December 10th or the January 10th paychecks . 2 . Request the Affirmative Action Officer to write an article on Affirmative Action and the County' s Af f irmative. 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. L Response: The article will be prepared and distributed to the Department Affirmative Action Coordinators at their February 1993 quarterly meeting. The Coordinators will be asked to place the article in their upcoming newsletters in order to inform their employees of the County' s Affirmative Action Program. 3 . 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 . Response: My response to this request will also be a part of the semi-annual report on Affirmative Action submitted to the Internal Operations Committee on December 14 , 1992 . I must recommend against panels of volunteer employees to mediate discrimination complaints . Mediation is , a sensitive process which can operate only in an atmosphere of competence, confidence and confidentiality. The parties to a, mediation must voluntarily agree to participate, and they control the extent of their participation. The parties need to be assured as to the knowledge, judgment, discretion, and impartiality of the mediators . The actual knowledge, judgment, discretion and impartiality of each member of a panel of volunteer County employees could not be assured to the satisfaction of two sides which are disputing between themselves . The failure of a volunteer mediator to succeed in the mediation, or conduct by a volunteer mediator, could increase the hostility and misunderstanding of the parties and the County' s exposure to claims . I am particularly concerned about maintaining the confidentiality of mediation efforts . When handling a sexual harassment complaint,. for example, care must be given to the complainant and the person named in the complaint. Rumors will greatly antagonize the dispute and destroy the, County' s ability to achieve a resolution. Volunteer panels lessen the possibility of maintaining the confidentiality of an investigation. Employees currently have a choice between their Department Affirmative Action Coordinator, the County' s Affirmative Action Officer, or the Merit Board. At the department level the complainant may ask their friends to assist them, their union or attorney. At the Merit Board level the complainant may have the same representation. Our current Discrimination Complaint Procedure has worked effectively for employees . 2 At the Affirmative Action Officer level, mediation is held between the complainant and the department. Confidentiality is maintained during the entire investigation. This level of confidentiality protects the complainant and department from biasing. the Merit Board if the complainant appealed to that level . The Merit Board does not have access to my mediation efforts or files which insures that the Merit Board will not be biased when investigating the complaint. Existing procedures protect the employees and the departments . 4 . Request the Affirmative Action Officer to convene meetings of Departmental!: Affirmative Action Coordinators on at least a quarterly basis during calendar years 1993-1994 for the purpose of insuring adequate communication with and between Departmental;, Affirmative Action Coordinators . Response: Departmental Affirmative Action Coordinators have been advised that we will be having quarterly meetings beginning in, 1993. They were also asked to submit formats for the meetings!; for example, guest speakers, training needs, etc. The first quarterly meeting will be held in February 1993 . 5 . Authorize the Equal Employment Opportunity Advisory Council to make recommendations regarding the manner in which departmental ' Affirmative Action Coordinators are appointed. Response: : The Advisory Council on Equal Employment Opportunity `has been advised of the Internal Operations Committees request and the request has been placed on their December 4, 1992 agenda. The Council has been asked to review the current procedure on how coordinators ' are selected., and prepare recommendations . This concludes my summary of the responses requested by the Internal Operations Committee at its November 3, 1992 meeting. A:\KING 3 s Co•Uhntr Administrator Contra Board of Supervisors Tom Powers Affirmative Action OfficeCosta 1st District County Administration Building Nancy C.Fanden 651 Pine Street,81h Floor County 2nd District Martinez,California 94553 Robert I.Schroder (415)646-4106 3rd District Phil Batchelor `:f _ o. ,.;�'�\ Sunne Wright McPeak County Administrator 4th District i.��. Tom Torlakson 51h District s. z' .STA•. E c.r Do You Know The Name Of The County's Affirmative Action Officer? Do you Know The Name of Your Department' Affirmative Action Coordinator? If you don' t know the answer to these questions, the department and County has failed to adequately communicate with you essential information. The County has an Affirmative Action Program and in each department there are Department Affirmative Action Plans . We are taking active and :aggressive steps in implementing these programs and you are an essential part. If you don't know who your Department Affirmative Action Coordinator is, ASK! ! Ask your Supervisor; Division Manager, Union Representative; Personnel or Administrative Services Officer; Assistant Department Head or Department Head. We want you to know who to go to if you want to: • File a discrimination complaint; • inquire about the County' s Americans with Disabilities Act requirements; or • be given an update on training classes in Cultural Diversity, Sexual Harassment, Final Section Interviewing, Affirmative Action/Equal Employment Opportunity. Don't stop there. Read your Departments ' Affirmative Action Plan. You might be surprised at your activities and accomplishments . Join the other department staff and be proud of your department ' s affirmative action accomplishments . If you still don' t know who to call, call me: Emma Kuevor, Affirmative Action Officer . (510) 646-4106 I am located in the County Administrator' s Office at 651 Pine Street, Martinez, 10th floor. If you want to say hello, stop by or give me a call . Attached is a list of the Department Affirmative Action Coordinators and the County' s Discrimination Complaint Procedure. CONTRA COSTA COUNTY AFFIRMATIVE ACTION COORDINATORS NAME DEPARTMENT TELEPHONE Scott Tandy Administrators Office 6-4087 Drex Guinn Agriculture 6-5250' Mike Ross Animal Services 6-2935 Bob Nash Assessor 6-2386 Elizabeth Garcia Auditor/Controller 6-2185 Eleanor Yaranon Building Inspection 6-2348 Steve Weir Clerk/Recorder/Elections 6-2955 Ron DeVincenzi Community Development 6-2038 Joan Sparks Community Services 6-5545 Susan Laughlin Cooperative Extension 6-4087 Pat Rawlinson County Counsel 6-2055 Jack Waddell District Attorney 6-4500 Kathy Brown General Services 3-7112 Manuel Velasco Health Services 6-5480 Linda Philbin Jury Commissioner (Superior Court) 6-1436 Ane Cain Library 6-6423 Sandra Schmidt Municipal Courts 6-6007 Lloyd Madden Personnel 6-4054 Art Miner Private Industry Council 6-5382 Gerald Buck Probation 3-4199 Sanford Hoffman Public Defender 6-2481 Nancy Wenninger Public Works 3-2312 Chuck Barron Retirement 6-4137 Tom Young Sheriff/Coroner 6-2404 Jim Morphy Social Services 6-3777 Alfred Lomeli Treasurer/Tax Collector 6-4966 Gary Villalba Veterans Resources 6-5114 FIRE DISTRICTS Mike George Contra Costa County Fire Protection 930-5563 District John Cooper Moraga Fire Protection District 376-5454 Walter Luihn Orinda Fire Protection District 254-1110 Web Beadle Riverview Fire Protection District 757-1303 Mike George West County Fire Protection District 620-6991 A:kccck►c.noc Rev 11/2/92 Administrative Bulletin Contra Number 27 . 1 ' Replaces 27 Office of the County Administrator Costa Date 11-3-92 Courlty Section Admin. Q SUBJECT: Employment Discrimination Complaint Procedure I. PURPOSE. This bulletin sets forth procedures for resolving allegations of employment discrimination by agencies of Contra Costa County. II . SCOPE. This procedure governs complaints of discrimination by employment applicants and employees of Contra Costa County. It covers all issues of discrimination in regard to recruitment, appointment, training, promotion, retention, or other aspects of employment. The subject areas of discrimination include race, color, national origin, sex, religion, marital status, disability, age, medical condition (cancer related) and other areas as prohibited by applicable State or Federal laws. III. LIMITATIONS. The establishment of this procedure is not intended to supplant the County' s grievance procedure or the appeal provisions of the Personnel Management Regulations. IV. RESOLUTION OF INTERNAL DISCRIMINATION COMPLAINTS A. Contra Costa County Employees Employees are encouraged to resolve discrimination complaints at the department level. An employee may nevertheless submit a discrimination complaint directly to the County' s Affirmative Action Officer or the Merit Hoard. 1. First Level a. Each county department shall designate a person to whom complaints of discrimination may be directed. b. The complainant shall contact the department' s representative and attempt to resolve the discriminatory action. 1 • 2 c. . The department' s representative is responsible for making the necessary 1 inquiries in order to resolve the complaint and must advise the complainant of the results. d. . If the complaint cannot be resolved at the dep4rtment' s . level, the complainant may file a written complaint of discrimination with the County Affirmative Action Officer (second level) or Merit Board (third level) . e. If the complainant is a project employee, the complainant may file with the County . Affirmative Action Officer (second level) or the Director of Personnel. f. The Director of Personnel is responsible for making the necessary inquiries in attempting to resolve the complaint and must advise the complainant of the results. 2. Second Level: a. If a written complaint is filed with the County Affirmative Action Officer, an investigation will be conducted with the assistance (if needed) of the Personnel Department, County Counsel, and operating department. b. The complainant must state who the complaint is against, the type of discrimination alleged, the circumstances or situation involving the complaint, and the remedy requested. C. If the County Affirmative Action Officer is successful in mediating the complaint, the complaint is resolved. d. If, after the investigation .bf the complaint, the County Affirmative Action Officer is unsuccessful in mediating the complaint, the complainant shall be advised of their right to file a written complaint with the Merit Board within 30 days of receipt of notice from the County Affirmative Action Officer closing the complaint and advising the complainant of the next level (third level) . e. If, however, mediation by the County Affirmative Action Officer is unsuccessful for project employees, the complainant shall be advised of their right to file a written 3 complaint with the Director of Personnel (third level) within 30 days of receipt of notice from the County Affirmative Action officer closing the complaint. 3. ThirdLevel: a. The complaint to the Merit Board must be in writing and must set forth the grounds and facts upon which discrimination is alleged 1. and the remedy sought. A person may file a complaint of unlawful discrimination with the Merit Board within 60 days of the date the alleged discrimination :occurred, or within 30 days of termination of mediation effort by the County Affirmative Action Officer, whichever is later, except that as to matters in which personnel management rules provide specific appeal procedures and time limits, such appeal Procedures and time limits shall apply. b. The Merit Board may hear the complaint or refer the complaint to a Hearing Officer. The hearing by the Merit Board or Hearing Officer is separate and independent from the investigation conducted by the County :Affirmative Action Officer. C. The Merit Board and the Hearing Officer shall not receive or require the disclosure of oral or written communication to or by the County Affirmative Action Officer in the course of mediation. d. The Merit Board is the final appeal level for discrimination complaints within the County. Final decisions of the Merit Board on ;discrimination complaints shall be enforced and followed by the County or the appointing authority whose action was the subject of the complaint. B. Employment Applicants An employment applicant may file a discrimination complaint ;at the second level or otherwise according to the Personnel Management Regulations. 4 V. RESOLUTION OF COMPLAINTS FILED BY FEDERAL AND STATE AGENCIES AGAINST THE COUNTY OR OPERATING DEPARTMENT. Complaints filed by agencies such as the Equal Employment Opportunity Commission (EEOC) and the Department of Fair Employment and Housing (DFEH) are coordinated by the County Affirmative Action Officer. . A. A copy of complaints received by a department will be sent immediately to County Counsel. B. The Personnel Department. operating department, and County Counsel (if requested) may assist in preparing a response to the .Federal or State . agency. C. . A copy of the response shall be sent.. to the County Affirmative Action Officer for review before submitting to the Federal or State agency. D. The County Affirmative Action Officer will mediate the complaints (when- applicable) between the department(s) and State or Federal agencies. VI. INVESTIGATE INQUIRIES FROM FEDERAL AND STATE AGENCIES A. The County Affirmative Action Officer will coordinate (if necessary) with the Personnel Department, operating department, and .County Counsel responses to investigate inquiries from State and/or Federal Compliance Agencies. B. The response to investigate inquiries will be reviewed by the County Affirmative Action Officer before submitting to the agencies. Orig. Dept. : County Administrator Reference: Personnel Management Regulations Phil Batchelor, County Administrator