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HomeMy WebLinkAboutMINUTES - 03021993 - IO.8 TO: BOARD OF SUPERVISORS 1 .0.-8 Contra FROM: INTERNAL OPERATIONS COMMITTEE •� .• Costa County DATE: February 22, 1993 SUBJECT: RESPONSE TO ISSUES RAISED BY THE BLACK EMPLOYEES ' ASSOCIATION SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS : A. Authorize the Chairman of the Board of Supervisors to sign a letter to the President of the Black Employees ' Association, responding to each of the points made in Mr. Madden' s November 3, 1992 written comments to the Board of Supervisors as well as to those recommendations approved by the Board of Supervisors November 3, 1992 in the Internal Operations Committee report on this subject resulting from the Committee' s discussion with the members of the Black Employees ' Association on October 26 , 1992 . B. Adopt the following as the Board' s response to the points raised both in the Internal Operations Committee report which the Board approved on November 3, 1992 and in Mr. Madden' s written report which was presented to the Board of Supervisors on November. 3, 1992 : 1 . 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 CONTINUED ON ATTACHMENT: _Y_—YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARJJEF -- APPROVE OT. W SIGNATURE s: SUNNE WRIGHT Mc EAK H It ACTION OF BOARD ON Marc , 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. G ATTESTED !/ �r�O�=�'•� / / �� Contact: PHIL BATCHELOR.CLERK OF THE BOARD OF M. See Page 7SUPERVISORS.AND COUNTY ADMINISTRATOR . BY DEPUTY I .O.-8 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 . Response: The Personnel Department has a system in place to ensure that laid-off employees are notified when positions for which they may qualify are to be filled. The Personnel Management Regulations require all applicants meet the minimum qualifications . However, the Personnel Director can relax the strict interpretation of this regulation by revising "minimum qualifications" to "desirable qualifications" in selected job classes . This change would require meet and confer deliberations with the employee organization that represents the target job class . Such revisions could be established with a sunset provision that would be predetermined and agreed to in advance. This change would greatly increase employment opportunities for laid-off workers . The Personnel Department is reviewing all regulations controlling appointments to determine what changes could be implemented to expand the opportunities for laid-off workers to be rehired in job classes other than that from which they were laid off. Revisions of the seniority regulations raise issues that are extremely complex. It is important to point out that any change in seniority rules will adversely impact someone. Further, the Personnel Director has been advised by the County Counsel 's Office that seniority regulations adopted before the passage of the Civil Rights Act have some protection from the Courts . However, this protection is lost if changes are made in these regulations . We can also anticipate that employee groups will only support revisions that would count total County service for purposes of determining seniority for lay offs. The Personnel Director has agreed to pursue this matter further with the County Counsel 's Office. The Personnel Director will soon implement a Tactical Employment Team that will concentrate its efforts on the special employment problems of our protected employee groups . The mission for this unit is currently being developed and the implementation document will be forwarded to the Internal Operations Committee and the Board of Supervisors for their review, comment and approval . In addition, we are requesting the Personnel Director to make available to each Department Head a list of all laid-off employees who have not yet obtained employment and offer to make the employees ' background and qualifications available to any department upon request. 2 . 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. Response: The attached memorandum outlines the approach the Personnel Director recommends in carrying out the Board of Supervisors ' directive. The Personnel Director recommends that our initial efforts be aimed at a summer internship program in recognition of the current fiscal crisis and proposed cutbacks . -2- I .O.-8 3 . 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 was prepared discussing the County's and Departments ' Affirmative Action Plans . The Affirmative Action Coordinators ' name and telephone number, along with the name, location, and telephone number of the County's Affirmative Action Officer was also listed. The Administrative Bulletin on the County's Discrimination Complaint Procedure was included with the flyer and was to have been distributed to all employees with the December 10, 1992 pay checks . A number of employees now report that this materials was not distributed to them. We are, therefore, requesting that the Affirmative Action Officer make this information available to the Auditor-Controller's Office for distribution with pay checks by no later than June 10, 1993 . In addition, a memo should be sent to all Department Heads by the County Administrator in advance of the time the material is to be distributed to alert all Department Heads to the fact that the material will be available and is to be distributed to each employee without fail . 4 . 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. Response: The article was prepared and distributed to the Departmental Affirmative Action Coordinators at their February, 1993 quarterly meeting. 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. The County Administrator should be asked to send a memo to each Department Head indicating that this information has been made available to the Department's Affirmative Action Coordinator and that the Board of Supervisors would appreciate the Department Head's cooperation in publishing the article at the Department's earliest convenience. 5 . 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. Response: See responses to issues #3 above and #11 below. 6 . 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: The Affirmative Action Officer has recommended against the use of panels of volunteer employees to mediate discrimination complaints . On January 5, 1993 the Board of Supervisors acknowledged this recommendation -3- I .O.-8 and asked the Affirmative Action Officer in her next report to the Internal Operations Committee to report on the number of requests for mediation that have been received in the most recently available period of time, how they have been handled, and what the outcome of the complaints has been. 7 . 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 . Response: This recommendation has been implemented and the first such quarterly meeting has been held. 8 . Authorize the Equal Employment Opportunity Advisory Council to make recommendations regarding the manner in which departmental Affirmative Action Coordinators are appointed. Response: The Affirmative Action Officer reports that the Equal Employment Opportunity Advisory Council has been advised of the Board's request and has been placed on the agenda for the December 4, 1992 Council meeting. The Council has been asked to review the current procedure on how coordinators are selected, and to prepare recommendations. Those recommendations have not yet been filed with our Committee. 9 . 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 . Response: Since October 22, 1991, a total of 2001 County employees have attended Sexual Harassment Training and 295 have attended Affirmative Action/Equal Employment Opportunity Training. 10 . Publish and disseminate the function of the Affirmative Action Officer and guidelines dealing specifically with the procedures for filing and pursuing claims of racial discrimination in the workplace. Response: Complete distribution of the material outlined in response to item #3 above should adequately respond to this issue. 11. Increase the visibility of the Affirmative Action Officer to line staff countywide through better utilization of Departmental Affirmative Action Coordinators . Response: Recommend that the Affirmative Action Officer continue to initiate contacts with some departments where she believes that such initiatives are appropriate, helpful, or necessary. Recommend that Department Heads be encouraged to continue to invite the Affirmative Action Officer to staff meetings so staff can become better acquainted with the Affirmative Action Officer and her responsibilities . Recommend that the Black Employees ' Association or individual employees feel free to contact the Affirmative Action Officer whenever they believe that the Affirmative Action Officer should pay more attention to a specific department. -4- I .O.-8 Recommend that the Affirmative Action Officer use methods to contact employees which do not necessarily have to include her physical presence at a staff meeting in a department. These might include newsletters or other methods of making contact with employees . 12 . Clearly delineate the responsibility of the Affirmative Action Officer in handling employee complaints versus representing the County. Response: Recommend that the County Administrator revise Administrative Bulletin 27 . 1 to define more clearly the neutral, third-party role of the Affirmative Action Officer in addressing discrimination complaints . 13 . Departmental Affirmative Action Coordinators meet with Affirmative Action Officer quarterly rather than semi- annually to discuss subject matter issues, concerns and progress . Response: See response to issue #7 above. d 14 . 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 Committee - Designation of leadership responsibilities - Regularity of Committee meetings - Committee reporting requirements . Response: Recommend that the Equal Employment Opportunity Advisory Council (EEOAC) be asked to review the current structure and composition of existing departmental Affirmative Action Committees as well as the recommended structure suggested by the Black Employees ' Association and provide their comments and recommendations to the Internal Operations Committee as soon as they are prepared to do so. 15 . Adopt an Exit Interview Questionnaire Policy and incorporate it into the responsibilities of the Affirmative Action Committee and/or Coordinator. Response: Recommend that the Personnel Director review the proposed questionnaire, with input as appropriate from the Management Council and Department Heads , and provide his comments and recommendations to the Internal Operations Committee. 16 . More training in understanding cultural diversity in the workplace. Response: The Black Employees ' Association will clarify in more detail exactly what their intent was in regard to this recommendation before staff are asked to respond to it. In addition, the Affirmative Action Officer will present to your Committee examples of the types of training which are now available in this general subject area. 17 . Establish criteria for selection and appointment of Affirmative Action Coordinators in each department by Department Heads. Response: See response to issue #8 above. -5- I .O.-8 18 . Department Heads survey staff periodically to determine effectiveness of their Affirmative Action Coordinators and replace if majority of survey respondents feel negatively. Response: Recommend that this issue be referred to the EEOAC to evaluate in regard to their existing work on the manner in which Affirmative Action Coordinators are selected. 19 . 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 . Response: Recommend that this issue be referred to the Affirmative Action Coordinators to discuss and return their comments and recommendations to the Internal Operations Committee following their next meeting. 20 . Consider establishing a special panel to review complaints of discrimination. Response: See response to issue #6 above. C. Authorize the Internal Operations Committee to continue to provide oversight of this subject and review progress on each of these issues within the next three months . BACKGROUND: On October 26, 1992, the Internal Operations Committee met with members of the Black Employees ' Association. On November 3, 1992, the Board of Supervisors approved an Internal Operations Committee report on this meeting. In addition, Mr. Lloyd Madden addressed the Board of Supervisors and identified several points which he did not believe had been fully or adequately addressed in the Internal Operations Committee report. The Board determined that each of these additional points would also be responded to when the Board' s formal response was prepared. On December 14, 1992, the Internal Operations Committee received a response to a portion of these points which had been responded to by the Affirmative Action Officer. The details of the remaining items were referred to the 1993 Internal Operations -Committee by the Board of Supervisors on January 5, 1993 . On February 22, 1993, our Committee met with Harry Cisterman, Director of Personnel; Eileen Bitten, Assistant Director of Personnel; Lloyd Madden, representing the Black Employees ' Association; John Gregory, newly elected President of the Black Employees ' Association; and Emma Kuevor, Affirmative Action Officer. Mr. Madden reported that at a meeting of the Black Employees Association on Saturday, February 20, 1993, it had been noted that several of the referrals being recommended by the County Administrator' s Office could have been made several months earlier and that the Black Employees ' Association was frustrated at the delay in addressing some of these issues . Each of the recommendations included in the Board' s November 3, 1992 Order and each of the responses to Mr. Madden' s memo dated November 3, 1992 were reviewed by our Committee. While it is unfortunate that staff was unable to get to some of these issues earlier, we appreciate the fact that all of the items have now been addressed. However, we are also frustrated because some departments do not appear to be placing the same high priority j -6- I.O.-8 on Affirmative Action issues as does this Committee and the Board of Supervisors . As a result, some of our recommendation ask that the County Administrator point out to Department Heads the importance which the Board of Supervisors places on full and sincere compliance with Affirmative Action rules and goals. Our Committee will plan to consider progress on these issues in the near future and will report to the Board on the extent of progress and further recommendations at that time. cc: County Administrator Director of Personnel County Counsel Affirmative Action Officer Black Employees ' Association All County Department Heads (Via CAO) -7- OFFICE OF THE COUNTY ADMINISTRATOR C O N T R A C O S T A C O U N T Y Administration Building 651 Pine Street, 11th Floor Martinez, California 94553 DATE: February 19, 1993 TO: Supervisor Sunne Wright McPeak Supervisor Jeff Smith INTERNAL OPERATIONS COMMITTEE FROM: Claude L. Van Martel sistant County Administrator SUBJECT: RESPONSE TO ISSUES R ISED BY THE BLACK EMPLOYEES ' ASSOCIATION On your Committee' s agenda for February 22, 1993 at 10 : 00 A.M. is a review of certain recommendations made to the 1992 Internal Operations Committee by the Black Employees ' Association. Following is staff ' s response to the Board's directions in this regard: On' October 26, 1992, the Internal Operations Committee met with representatives from the Black Employees ' Association. As a result of that meeting, the Board of Supervisors made a number of orders on November 3, 1992 . On December 14, 1992, the Internal Operations Committee received responses to some of these issues from the County Affirmative Action Officer. On January 5, 1993, the issue of responding to all of the issues raised by the Black Employees ' Association was referred to the 1993 Internal Operations Committee. Following are staff ' s proposed responses for your Committee to recommend for Board approval . These responses have been formulated following a meeting with the County' s Affirmative Action Officer and the President of the Black Employees ' Association. It is our understanding that these responses have substantial support and concurrence from both the County' s Affirmative Action Officer and the President of the Black Employees ' Association. Attached are documents regarding each of these issues . Following are the issues raised by the Black Employees ' Association followed by staff ' s proposed response for your Committee' s consideration: 1 . Publish and disseminate the 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- This 2-This issue was adequately responded to by Emma Kuevor' s December 3, 1992 memo to the Internal Operations Committee (Attached - see item #1) . 2 . Increase the visibility of the Affirmative Action Officer to line staff countywide through better utilization of Departmental Affirmative Action Coordinators. Recommend that the Affirmative Action Officer continue to initiate contacts with some departments where she believes that such initiatives are appropriate, helpful, or necessary. • Recommend that Department Heads be encouraged to continue to invite the Affirmative Action Officer to staff meetings so staff can become better acquainted with the Affirmative Action Officer and her responsibilities . Recommend that the Black Employees ' Association or individual employees feel free to contact the Affirmative Action Officer whenever they believe that the Affirmative Action Officer should pay more attention to a specific department. Recommend that the Affirmative Action Officer use methods to contact employees which do not necessarily have to include her physical presence at a staff meeting in a department. These might include newsletters or other methods of making contact with employees . 3 . Clearly delineate the responsibility of the Affirmative Action Officer in handling employee complaints versus representing the County. Recommend that the County Administrator revise Administrative Bulletin 27 . 1 to define more clearly the neutral, third-party role of the Affirmative Action Officer in addressing discrimination complaints . 4 . Departmental Affirmative Action Coordinators meet with Affirmative Action Officer quarterly rather than semi-annually to discuss subject matter issues, concerns and progress. This issue was adequately responded to by Emma Kuevor' s December 3, 1992 memo to the Internal Operations Committee (See item #4 ) . 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 Committee - Designation of leadership responsibilities -3- - Regularity of Committee meetings - Committee reporting requirements . Recommend that the Equal Employment Opportunity Advisory Council (EEOAC) be asked to review the current structure and composition of existing departmental Affirmative Action Committees as well as the recommended structure suggested by the Black Employees ' Association and provide their comments and recommendations to the Internal Operations Committee as soon as they are prepared to do so. 6 .' Adopt an Exit Interview Questionnaire Policy and incorporate it into the responsibilities of the Affirmative Action Committee and/or Coordinator. Recommend that the Personnel Director review the proposed questionnaire, with input as appropriate from the Management Council and Department Heads, and provide his comments and recommendations to the Internal Operations Committee. Recommend that the EEOAC review existing departmental exit interview and/or questionnaire practices and provide their comments and recommendations to the Internal Operations Committee as soon as they are prepared to do so. 7 . More training in understanding cultural diversity in the workplace. The Black Employees ' Association will clarify in more detail exactly what their intent was in regard to this recommendation before staff are asked to respond to it. In addition, the Affirmative Action Officer will present to your Committee examples of the types of training which are now available in this general subject area. In addition to these formal recommendations, the following requests were made from the floor as a result of the discussion: 8. Establish criteria for selection and appointment of Affirmative Action Coordinators in each department by Department Heads . This issue was adequately responded to by Emma Kuevor' s December 3, 1992 memo to the Internal Operations Committee (See item #5) . 9 . Department Heads survey staff periodically to determine effectiveness of their Affirmative Action Coordinators and replace if majority of survey respondents feel negatively. -4- Recommend that this issue be referred to the EEOAC to evaluate in regard to their existing work on the manner in which Affirmative Action Coordinators are selected. 10. 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 . Recommend that this issue be referred to the Affirmative Action Coordinators to discuss and return their comments and recommendations to the Internal Operations Committee following their next meeting. 11 . Consider establishing a special panel to review complaints of discrimination. This issue was adequately responded to by Emma Kuevor' s December 3, 1992 memo to the Internal Operations Committee (See item #3) . In addition to these recommendations, recommend that the Personnel Director be directed to respond to the Internal Operations Committee on the following recommendations approved by the Board of Supervisors on November 3, 1992 : * 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 . * 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. * 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 . -5- CLVM:amb van2-63-93 Attachment cc: Emma Kuevor, Affirmative Action Officer Lloyd Madden, President, Black Employees ' Association Harry Cisterman, Director of Personnel Eileen Bitten, Assistant Director of Personnel • 45r Contra -SE ` Personnel Department .. Costa Administration Bldg. x �� ¢ 651 Pine Street Martinez, California 94553-1292 Count - N. Y . ::. AD DATE: February 19, 1993v TO: Internal Operations Committee ( ' p FROM: Harry D. Cisterman, Director of Personn SUBJECT: Follow-up to Presentation by Black Employees Association Your Committee directed that the Personnel Department report back to you on the following three issues: 1. The Personnel Department has a system in place to ensure that laid-off employees are notified when positions for which they may qualify are to be filled. The Personnel Management Regulations require all applicants meet the minimum qualifications. However, I can relax the strict interpretation of this regulation by revising"minimum qualifications" to "desirable qualifications" in selected job classes. This change would require meet and confer deliberations with the employee organization that represents the target job class. Such revisions could be established with a sunset provision that would be predetermined and agreed to in advance. This change would greatly increase employment opportunities for laid-off workers. We are reviewing all regulations controlling appointments to determine what changes could be implemented to expand the opportunities for laid-off workers to be rehired in job classes other than that from which they were laid off. Revisions of the seniority regulations raise issues that are extremely complex. It is important to point out that any change in seniority rules will adversely impact someone. Further, I have been advised by counsel that seniority regulations adopted before the passage of the Civil Rights Act have some protection from the Courts. However, this protection is lost if changes are made in the regulations. We can also anticipate that employee groups will only support revisions that would count total County service for purposes of determining seniority for lay offs. I will pursue this matter with the County Counsel. I will soon implement a Tactical Employment Team that will concentrate their efforts on the special employment problems of our protected group employees. The mission for this unit is currently being developed and the implementation document will be forwarded to you for your review, comment and approval. Internal Operations Committee Page 2 February 19, 1993 2. Kennedy-King Scholarship. The attached memorandum outlines the approach we recommend in carrying out the Board of Supervisors' directive. We have recommended that our initial efforts be aimed at a summer internship program in recognition of the current fiscal crisis and proposed cut backs. 3. Training., Since October 22, 1991, a total of 2001 County employees have attended Sexual Harassment Training and 295 have attended Affirmative Action/Equal Employment Opportunity Training. HDC/EKB:do Attachment Contra5E ` Personnel Department • po costa �► Administration Bldg. c. — ` 651 Pine Street County _..' :' �zo �. Martinez, California 94553-1292 r�T :Lr Tq COUNT DATE: January 21, 1993 TO: Harry D. Cisterman, Director of Personnel FROM: Eileen K. Bitten, Assistant Director of Personne SUBJECT: Kennedy-King Scholarship The following proposal for implementation of the Board's directive for the employment of Kennedy-King scholars is presented for your review. At our meeting with Gregory McCoy, Chair of the Foundation Board, we decided it would be most effective to work on a two-faceted approach given the County's financial status and dim hiring picture. 1. Develop opportunities for Summer internships beginning Summer of 1993. 2. Provide job search counselling and information to present and past recipients of the Kennedy-King scholarships. To accomplish Item 1, it was decided: 1. A liaison to work with the County will be appointed by the Kennedy- King Scholarship Board - February 8, 1993 2. A presentation on the program will be made at the Department Head Meeting (present Board Order, program, materials) - February 25, 1993 3. Review resumes of students entering second year of the Program to determine possible areas of interest - March 4. Develop internships by visiting those departments most likely to have opportunities - March/A5ril 5. Receive background information of new scholarship awardees - End of April 6. Meet with awardees and explain the internship and identify possible participants - Early May 7. Finalize internship slots; make job matches - May To implement Item #2, we will meet with the Scholarship Board's representative to: 1. Identify a method of distributing information about job availabilities to program participants. Harry D. Cisterman Page 2 January 21, 1993 2. Identify a forum for meeting with participants concerning the employment process in local government including: - structure and function of local government; - job search techniques; - resume preparation; - oral interview presentation skills; - written test-taking skills. I will keep you informed as we proceed. EKB:do cc: Gregory McCoy Lloyd Madden 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 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. 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 t 3 �r ]BLACK EMPLOYEES ' AS SOC=ATI ON CONTRA COSTA COUNTY Date: November 3, 1992 Th: Supervisor Sunne W. McPeak, Chair Members of Contra Costa County Bowl of Supervisors From: Black Employees Association, Contra Costa County Subject: Summary of Reooamnendations Submitted and Formlated 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 four areas: A. Analysis of nonscientific survey - Total number of Black employees as of June 30, 1992 - 945; - Number of questionnaires distributed - Approximately 600; - Total amber of questionnaires collected as of October 16, 1992 - 167 (28%) . B. Affirmative Action Program Related Findings C. Redress Recommmendations (internal and external) D. Layoff Impact on Black Employees In addition to these four areas, we had personal testimony from one current and three former County employees. rily" follcyrinq were submitted as part of individual presentations: 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 countywide through better utilization of Dental 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, concenls 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 Committee; - 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. Rees ations F 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 corm ended 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 comwxded 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. TO: BOARD OF SUPERVISORS I•�•-1 _.�: Contra FRGM: INTERNAL OPERATIONS COMMITTEE Costa County October 26 , 1992 PATE: 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 . 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. CONT"SUED ON ATTACHMENT: __Y_YES SIGNATURE: =•ECOMMENDATION OF COUNT OR RECOMMENDATION OF BOARD COMMITTEE _•_ t,PPROVE T �Y�� 1��,: .�. SIGNATURE s : CHRODER SUNNE WRIGHT Mc4 ACT'CN OF BOARD ON oye er 3, 1992 APPROVED AS RECOMMENDED X_ 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 �'M 44�) /'7 Contact: PHIL BATCHELOR.CLERK OF THE BOARD OF cc. See Page 4 . SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY 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. o 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 CAA) 4 elor The Board of Supervisors Contra CeFrk(offtthehBoard and County Administration BuildingCosta County Administrator 651 Pine St., Room 106 (510)646-2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith,2nd District L. SF. Gayle Bishop,3rd District Sunne Wright McPeak 4th District Tom Torlakson,5th District a. March 2, 1993 John Gregory, President Black Employees ' Association c/o Office of the County Administrator County Administration Building - 11th Floor 651 Pine Street Martinez, A 94553 Dear Mr. egory: The Board of Supervisors has directed that I send you a letter outlining the response which the Board of Supervisors has approved to each of the issues which has been raised by the Black Employees ' Association. Following are the responses as they were recommended to the Board of Supervisors by the Internal Operations Committee and approved by the Board on March 2, 1993 : 1 . 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 . Response: The Personnel Department has a system in place to ensure that laid-off employees are notified when positions for which they may qualify are to be filled. The Personnel Management Regulations require all applicants meet the minimum qualifications . However, the Personnel Director can relax the strict interpretation of this regulation by revising "minimum qualifications" to "desirable qualifications" in selected job classes . This -2- change would require meet and confer deliberations with the employee organization that represents the target job class . Such revisions could be established with a sunset provision that would be predetermined and agreed to in advance. This change would greatly increase employment opportunities for laid-off workers . The Personnel Department is reviewing all regulations controlling appointments to determine what changes could be implemented to expand the opportunities for laid-off workers .to be rehired in job classes other than that from which they were laid off. Revisions of the seniority regulations raise issues that are extremely complex. It is important to point out that any change in seniority rules will adversely impact someone. Further, the Personnel Director has been advised by the County Counsel 's Office that seniority regulations adopted before the passage of the Civil Rights Act have some protection from the Courts . However, this protection is lost if changes are made in these regulations . We can also anticipate that employee groups will only support revisions that would count total County service for purposes of determining seniority for lay offs . The Personnel Director has agreed to pursue this matter further with the County Counsel 's Office. The Personnel Director will soon implement a Tactical Employment Team that will concentrate its efforts on the special employment problems of our protected employee groups . The mission for this unit is currently being developed and the implementation document will be forwarded to the Internal Operations Committee and the Board of Supervisors for their review, comment and approval . In addition, we are requesting the Personnel Director to make available to each Department Head a list of all laid-off employees who have not yet obtained employment and offer to make the employees ' background and qualifications available to any department upon request. 2 . 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. Response: The attached memorandum outlines the approach the Personnel Director recommends in carrying out the Board of Supervisors ' directive. The Personnel Director recommends that our initial efforts be aimed at a summer -3- internship program in recognition of the current fiscal crisis and proposed cutbacks . 3 . 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 was prepared discussing the County's and Departments ' Affirmative Action Plans . The Affirmative Action Coordinators ' name and telephone number, along with the name, location, and telephone number of the County's Affirmative Action Officer was also listed. The Administrative Bulletin on the County's Discrimination Complaint Procedure was included with the flyer and was to have been distributed to all employees with the December 10, 1992 pay checks . A number of employees now report that this materials was not distributed to them. We are, therefore, requesting that the Affirmative Action Officer make this information available to the Auditor-Controller's Office for distribution with pay checks by no later than June 10, 1993 . In addition, a memo should be sent to all Department Heads by the County Administrator in advance of the time the material is to be distributed to alert all Department Heads to the fact that the material will be available and is to be distributed to each employee without fail . 4 . 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. Response: The article was prepared and distributed to the Departmental Affirmative Action Coordinators at their February, 1993 quarterly meeting. 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. The County Administrator should be asked to send a memo to each Department Head indicating that this information has been made available to the Department's Affirmative Action Coordinator and that the Board of Supervisors would appreciate the Department Head's cooperation in publishing the article at the Department's earliest convenience. 5 . Request all Department Heads to communicate in an appropriate manner with all employees in the Department -4- 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. Response: See responses to issues #3 above and #11 below. 6 . 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: The Affirmative Action Officer has recommended against the use of panels of volunteer employees to mediate discrimination complaints . On January 5, 1993 the Board of Supervisors acknowledged this recommendation and asked the Affirmative Action Officer in her next report to the Internal Operations Committee to report on the number of requests for mediation that have been received in the most recently available period of time, how they have been handled, and what the outcome of the complaints has been. 7 . 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 . Response: This recommendation has been implemented and the first such quarterly meeting has been held. 8 . Authorize the Equal Employment Opportunity Advisory Council to make recommendations regarding the manner in which departmental Affirmative Action Coordinators are appointed. Response: The Affirmative Action Officer reports that the Equal Employment Opportunity Advisory Council has been advised of the Board's request and has been placed on the agenda for the December 4, 1992 Council meeting. The Council has been asked to review the current procedure on how coordinators are selected, and to prepare recommendations . Those recommendations have not yet been filed with our Committee. 9 . Request the Director of Personnel to provide the Internal Operations Committee with a status report December 14, -5- 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 . Response: Since October 22, 1991, a total of 2001 County employees have attended Sexual Harassment Training and 295 have attended Affirmative Action/Equal Employment Opportunity Training. 10 . Publish and disseminate the function of the Affirmative Action Officer and guidelines dealing specifically with the procedures for filing and pursuing claims of racial discrimination in the workplace. Response: Complete distribution of the material outlined in response to item #3 above should adequately respond to this issue. 11 . Increase the visibility of the Affirmative Action Officer to line staff countywide through better utilization of Departmental Affirmative Action Coordinators . Response: Recommend that the Affirmative Action Officer continue to initiate contacts with some departments where she believes that such initiatives are appropriate, helpful, or necessary. Recommend that Department Heads be encouraged to continue to invite the Affirmative Action Officer to staff meetings so staff can become better acquainted with the Affirmative Action Officer and her responsibilities . Recommend that the Black Employees ' Association or individual employees feel free to contact the Affirmative Action Officer whenever they believe that the Affirmative Action Officer should pay more attention to a specific department. Recommend that the Affirmative Action Officer use methods to contact employees which do not necessarily have to include her physical presence at a staff meeting in a department. These might include newsletters or other methods of making contact with employees . 12 . Clearly delineate the responsibility of the Affirmative Action Officer in handling employee complaints versus representing the County. Response: Recommend that the County Administrator revise Administrative Bulletin 27. 1 to define more clearly the neutral, third-party role of the Affirmative Action Officer in addressing discrimination complaints . -6- 13. Departmental Affirmative Action Coordinators meet with Affirmative Action Officer quarterly rather than semi- annually to discuss subject matter issues, concerns and progress . Response: See response to issue #7 above. 14 . 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 Committee - Designation of leadership responsibilities - Regularity of Committee meetings - Committee reporting requirements . Response: Recommend that the Equal Employment Opportunity Advisory Council (EEOAC) be asked to review the current structure and composition of existing departmental Affirmative Action Committees as well as the recommended structure suggested by the Black Employees ' Association and provide their comments and recommendations to the Internal Operations Committee as soon as they are prepared to do so. 15. Adopt an Exit Interview Questionnaire Policy and incorporate it into the responsibilities of the Affirmative Action Committee and/or Coordinator. Response: Recommend that the Personnel Director review the proposed questionnaire, with input as appropriate from the Management Council and Department Heads, and provide his comments and recommendations to the Internal Operations Committee. 16 . More training in understanding cultural diversity in the workplace. Response: The Black Employees ' Association will clarify in more detail exactly what their intent was in regard to this recommendation before staff are asked to respond to it. In addition, the Affirmative Action Officer will present to your Committee examples of the types of training which are now available in this general subject area. 17 . Establish criteria for selection and appointment of Affirmative Action Coordinators in each department by Department Heads. -7- Response: See response to issue #8 above. 18 . Department Heads survey staff periodically to determine effectiveness of their Affirmative Action Coordinators and replace if majority of survey respondents feel negatively. Response: Recommend that this issue be referred to the EEOAC to evaluate in regard to their existing work on the manner in which Affirmative Action Coordinators are selected. 19 . 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 . Response: Recommend that this issue be referred to the Affirmative Action Coordinators to discuss and return their comments and recommendations to the Internal Operations Committee following their next meeting. 20 . Consider establishing a special panel to review complaints of discrimination. Response: See response to issue #6 above. C. Authorize the Internal Operations Committee to continue to provide oversight of this subject and review progress on each of these issues within the next three months . The County Administrator's Office will advise you of the date and time when the Internal Operations Committee will again review progress on these issues . Very truly yours, 1094 TOM TORLAKSON CHAIRMAN TT:amb cc: Harry D. Cisterman, Director of Personnel Emma Kuevor, Affirmative Action Officer Lloyd Madden, Black Employees Association