Loading...
HomeMy WebLinkAboutCity Council Resolution 717 RESOLUTION NO. 7]7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING AN AFFIRMATIVE ACTION POLICY FOR CITY EMPLOYMENT IN THE CITY OF SARATOGA WHEREAS, the City Council of the City of Saratoga did clearly state its intention to pursue Affirmative Action for Public Works Contractors in 1969 through the enactment of Ordinance 38.31 and Resolution No. 494, along with Affirmative Action Guidelines and Report Forms to be submitted by bidding contractors on City projects; and WHEREAS, consonant with this policy, the City is desirous of extending the concept embodied in the Affirmative Action Policy for Contractors to City employment; and WHEREAS, the City Council of the City of Saratoga is cognizant of the fact that National Labor statistics demonstrate that an employment and income dis- pa=ity exists between minorities and non-minorities, and also between men and women; and WHEREAS, the City recognizes and assumes its responsibilities in the area of Equal Employment Opportunity under Title 7 of the Civil Rights Act of 1964, as amended in 1972; and WHEREAS, the City has surveyed and analyzed the distribution of its labor force among minorities and non-minorities, and men and women, by occupational category, as June 30, 1974, and WHEREAS, the City finds a substantial portion of its work force is composed of persons residing outside the city limits of the City of Saratoga but within Santa Clara County and that the appropriate labor market for these purposes is the County of Santa Clara; NOW, THEREFORE, the City Council of the City of Saratoga. hereby resolves as follows: That the City is committed to the goal that the city work force shall reflect the percentage distribution of minorities and women in each of four occupational cageSoiree as they are available in the Santa Clara County Labor Market, and -2~ That the City further establishes that it will seek to achieve this goal over a five (5) year time period, ending June 30~ 1979, and That these percentage goals for each occupational category establish a minimum representation of minorities and women in the city work force and in no way preclude the city £rom exceeding these percentages, and That once these percentage goals are achieved at the end of the five (5) year time table, they shall be maintained. The above and foregoing resolution was adopted by the City Council of the City of Saratoga at a regular meeting held on the 18th day of December , 1974, by the following vote: AYES: Councilman Bridges, Brigham, Kraus and Diridon NOES: None ABSENT: None ATTEST: "~ CITY CITY OF SARATOGA AFFIRMATIVE ACTION PLAN This Affirmative Action Plan for the City of Saratoga has been developed following an assessment of current employment practices and a study of articles and Federal and State publications on the subject of Affirmative Action for local governments. It establishes the need for Affirmative Action and discusses the legal responsibil- ities of cities in equal employment opportunity. The plan presents the statistical basis and rationale behind the development of goals and timetables which will lead to a balanced work force Eor the City of Saratoga. I. The Need for Affirmative Action The need for Affirmative Action is a topic currently under discussion among prominent minority and women's groups and public empleyers. Labor statistics demonstrate that a disparity in employment exists between minorities and non- minorities, and also between men and women. These dif=ferences between minorities and non-mimorities can be shown, for example, by comparing income and unemployment rates between Blacks and Whites. In 1971 the median income of Black families was $6,440 compared to a median family income for Whites of $10,672. Among adult males, the unemployment rate for Whites was 4°0%. The unemployment rate for Blacks was 7°2%. Comparisons also illustrate the emp].oyment disparities among men and women. According to United States Department of Labor statistics, among full-time,employees, a female college graduate can expect to earn less than a male high school dropout. Of all full-time females 60% earn less than $5,000 per year, while among their male counterparts only 20% earn less than$5,000 per year. These statistics point to a need for Affirmative Actjan to alleviate these inequit- ies. II. The Legal Basis for Affirmative Action The Federal Government, with the passage of the CiVil Rights Act in 1964, pro- vided a legal basis for equal opportunity in employment. Title VII of the Act dealt specifically with employment and applied to pri~ate employers, employment agencies and labor unions. With the enactment of the~ual Employment Opportunity Act of 1972 (PL92-261), which amended Title VII, loca[ governments were brought within its provisions. Thi~ legislation means that a HmMzal government must adhere to principles of equal employment opportunity in all.:a~cts of its employment practices. A local government may now be sued in the~ederal Courts for alleged discriminatory employment practices based upon race, color, religion, national origin or sex. Charges may be brought on behalf 6f the aggrieved party as well as by the person himself. This means that charges may be filed by a member of the Equal Employment Opportunity Commission, or by such groups as civil rights and women's organizations. The 1972 amendments also empower the Attorney General to bring civil action against local governments, and the courts may order any "equitable relief" as is deemed appropriate. In cases where employment practices have been held to be discriminatory, the courts have generally ordered affirmative action with numerical goals and timetables to compensate for past discriminatory practices. III. Why the City of Saratoga Should develop an Affirmative Action Plan at This Time It is important for the City to begin now to direct its efforts toward Affirm- ative Action. We want to make a good faith effort not only because it is right, but also because by taking the responsibility to rectify existing inequities, we can preclude the possibility of restrictive government regulation in the future. By taking the initiative now we can have the latitude necessary to structure a program which is consistent with the Cityss legal. responsibilities and with the needs of the City of Saratoga and the community. It should be pointed out that the City of Saratoga has already been involved in affirmative action for the past five years. Resolution 494, adopted by the City Council on September 17, 1969, specified Affirmative Action Guidelines for City contractors on Public Works project~ An Affirmative Action Plan for the City is an extension of this concept to include the City's own employment practices. IV. What is an Affirmative Action Plan An Affirmative Action Plan is a means whereby a local government can take the initiative to systematically evaluate its employment practices. A program can lead to the early identification of any barriers to equal employment opportunities which may exist, and aid the employer in taking action to eliminate discriminatory patterns or practices which are in violation of existing statutes. There are two basic aspects to an Affirmative Action Plan. The first involves the assurance of nondiscrimination in all areas of the employment system. This is done by conducting a complete analysis and evaluation of all employment practices including recruitment, selection, transfer, promotion and training. Any identified barriers to equal opportunity in employment must be eliminated to ensure non- discrimination. The second aspect of an Affirmative Action Plan is an aggressive program to recruit, employ, and promote quaYled minorities and women, when an analysis of the work force indicates that these groups have been under-utilized in the past. Under-utilization means that the work force has fewer minorities and women in a particular job classification than would reasonably be expected by their availability. V. The Statistical Basis for an Affirmative Action Plan for the City of Saratoga A survey of the City's work force was made in order to provide a basis for the development of an Affirmative Action Plan. This analysis showed that minorities compose 21.3% of all employeee and women represent 26% of the work force (Table I). Where the figures are broken down by race and sex into 3ob classifications, we find that the .~i!noritie.eare ~,scated most frequently ~ =!service and maintenance :p,o,sitions (Table 3). Wemena~e oon:c~ntrated in clericaA positions. For example, 77.8% of spanish surname employees are in the service/nmintenance category and 76.9% of all women employees are in the office/clerical category. In order to determine which areas, and to what degree, minorities and women are under-utilized, comparisons were made between the City's work force and the availability of minorities and women in the labor market. The appropriate labor market area from which Saratoga draws its employees was ~!eterm~ned eo be Santa!81aTe..!,,,,~ounty. The attachment to the "Affirmative Action Survey" reveals that in a sample of applicants for city positions, 7.7% came from Saratoga and 69,2% came from Santa Clara County. Among current City employees, only 13.6% reside in Saratoga while 84.1% live outside the City and in the County. This data indicates that the relevant labor market for comparison purposes is the County of Santa Clara, and not 3ust the City of Saratoga. The comparison between the City's work force and the availability of minorities and women in the labor market indicates that minorities are under- utilized in all job classifications except service/maintenance. Women are under-utilized in technical professional and administrative positions. There- fore we anticipate that the general emphasis of an Affirmative Action Plan for the City will be in increasing the number of minority and women employees in administration, professional and technical positions. It is expected that our recruitment practices will be directed toward sdurces best equipped to refer minority and women applicants for these positions. Specific attention should also be directed toward the development of an internship program. This will enable minorities and women to gain the experience in entry level positions which is a prerequisite for positions of higher responsibility. VI. The Establishment of Goals and Timetables The establishment of goals and timetables for affirmative action is a method widely employed by public agencies and private concerns to meet the guidelines of the Equal Employment Opportunity Commigsion and to fulfill the intent of Title VII of the 1964 Civil Rights Act. l..~....~.provides a specific way by which pre- determined goals might b,e mo,mi,to~.ed on a continuing basis. It allows the juris- diction to measure and evaluate its progress. Without such goals and guidelines, an Affirmative Action policy can simply become a fanciful document - something that people pay lip service to, but do not use as an integral part of the re- cruitment and selection process. An,!.~,,;.~mpor.~ant aspect of goels and timetables is that they be flexible and be ~eter~ne~ on the basis of e~pe.cted vacancies and upon the availability of qualified mtne~,&,~,~e,e.i:,ain,~,:,!!,,,w,eme~-~i=nl'!!!',t=he,".",,l~'~'r'~!ma~k.et. In setting goals and timetables it is of the population in Santa Clara County, they only comprise 3.6.8% of the available ~e~k...,~ree. It would be unreatistic for the City.to establish a goal that the City should seek to employ 48% women when they are not available in the County labor market in that proportion. A more realistic goal would be a 37% distribution of women in the City work force. This practice follows Equal Employment Opportunity Commission Guidelines and is consistent with the approach taken by the Courts in recent employment discrimination cases. The next question to confront is whether we are seeking a distribution of minorities and women in the total City work force as they are available in the labor market, or a distribution of minorities and women by City Departments or occupational category as they are available in the labor market. The first approach - total work force - is too broad and non-discriminate. It results in a perpetration of existing practices in which minorities are over-represented in lower-paying. manual 'positions (service/maintenance), and women are over-represented in office/clerical positions. These realities are masked if we just concentrate on the total work force. The second approach - City Departments - is an improvement upon the total work force approach, but again does not solve the probl.em of minorities and women being concentrated in lower-paying, less responsible job classifications. lhe third approach - dist=ibutton by occupational category for the total work £orce - is the most meaningf~1. It overcomes the deficiencies of the other two approaches, and encompasses enough positions in .the City to make percentages relevant. Table 2 reveals there are 10 administrative positions, 11 professional/technical, 1~ o£fice/clerical and 15 service/maintenance (as of June 30, 1974). It is then possible to establish goals for the representation of minorities and women in each o£ these occupational categories. In a larger city, these might be subdivided by department, but this is not possible in a city the size of Saratoga in that there are too few positions in each occupational category in each department. It would be mean- ingless to establish a goal of 13% minority representation in the Parks, Community Center and Community Services Administration professional/technical area when there is only one such position. Nor would it be possible to seek 10% minority representation in the Administration and Government Buildings administrative area when there are only two such positions. Based on the rationale enunciated above, the City of Saratoga should establish an overall goal of ensuring that its work force reflect, at a minimum, the percent- age availability of minorities and women in the Santa Clara County labor market for each occupational category. This translates into the following: Number of City Positions 6/30/74 Occupational Category Minorit~ Women tO Administrative 10l 19% 11 Professional/Technical 13 37 11 Office/Clerical 16 75- 15 Service/Maintenance 40 16 It must be pointed out that the goals for women by occupational category are problematical. We have not found any statistics showing the percentage avail- ability of women in each occupational category in Santa Clara County. Corresponding figures were available for the State of California and these percentages are used as a guide. ~,~,..~i..,~!spvo'p'~!sea that'~!~!~l~'h'e~.O~'ty~d~'t a f~ve ye.a~ timetable for minorities and .v.omen.'Atthe end of five years the City should achieve a balanced work force .- one in which the numbers of minorities and women at all occupation levels corresponds to their availability in the labor market. .The following tables establish percentages to achieve by June 30 of each year in the occupational categories. They provide standards by which our progress might be measured annually. The table below, Percentage Distribution= shows what percentage minorities and women are of the total number of employee~ in each occupational c~tegory, Column I shows this percentage as of June 30, 1974, Colmnn 2-6 illustrates the target percent- ages over five years, The last column shows. the total increase in percentage over the five year 'psriod. -5 Percentage Distribution Five Year Program Present ........... o ..... Total % ...6.{.30/74 ~/30/75 6/30/7'6 .... 6/30/77 673077'816/30/7~ increase ~Occupational Cate8or. X ... Mi.n Wom. Min .Wom. Min Wom. Min.Wom. Min,~Wom. Min Wom. Min .Wom. Administrative 10% 10% 10% 10% 10% 10% 10~ 19% 10~ 19% 10% Professional/Tech. 0 18 0 18 5 23 . 10 28 10 33 13 37 13 19 Office/Clerical 9 91 9 - 9 - 16 16 - 16 - 7 Service/Maintenance 53 0 5 - 5 - 10 - 16 - 16 - 16 The table below, Number of Employees. translates the percentages into numbers of employee. s'. For example, a 9.~.:......in~reaee in women in administrative positions represents .One employee. This table assumes the same number of employees in the work force through June 30. 1979 as exists now, which is forty-seven. Number of Employees Five Year Program l~resent ' Number,. 6/30/74 ~.6/S0/7'5 6/30/V6 6/30/77 6. Z30/7S '~/~0/79 Increas, Occupational Categ0..ry Min.Wom Min Worn. Min %4om. Min.Wom. Min.Wom. Min. Wom. Min Wor Administrative 1 1 1 1 1 1 1 2 1 2 1 2 0 i Professional/Tech. 0 2 0 2 1 '~ t ] 1 4 2 ~ 2 2 Office/Clerical 1 10 1 - 1 2 - 2 2 - 1. - Se~ice/Main. 8 0 - 1 - 1 2 - 3 - 3 - 3 VII. Recommendations for City Policy In synthesis, we are recomanending the following: a) ghe adoption of this Affirmative Action Plan by 'the City Council which will represent City policy on Affirmative Action, and which specifies the overall goals for the representation of women and minorities in the City work force, and the specific timetables for achievement of these goals. b) adoption of the principle that the percentage goals for each occupational category represent min~mu~"repre~:~ntatl!on and in no waF preclude the City from .exeeed.~g. ~hese percenCag!~,~; and. c) a~option of the notion that once the minimum percentage goals are achieved, ~h.ey s~outd be. main.~:aine~,!~ Table i City Work Force by Race and Sex Comparisons to the Populations of Saratoga and Santa Clara Co. .~.ity Work Force SararoSa Santa Clara Co. Sex Total Percent Percent Percent Mat e 34 74% 52.1%, 51.6 %, Female 13 26% 47.9 %* 48.4%* 4'Y 16o% 10o"'i' z'00z Race American Indian 0 0 .1% AsianAmerican 1 2*1% 1.7% 2.9% Black 0 0 .2% 1.7% Spanish Surname 9 19.2% 5.3% 17.5% Other Non-White 0 0 .2% .7% White 37 78.7% ' 92.5% 76.8% 47 100% 100% lOQ% *The only figures available were for persons sixteen years and older. Table 2 Percentage of Employees by Race, Sex and Occupational Group Am. Ind. Asfan Am. Black Sp. Sur. Oth. non-wht White Total F M F M F M F M F M F M Female Male Tots Administrative # of employees 1 1 8 10 1 9 ~ 10 % of employees l 2.1% 2,1% 17.07, 21.3~ 2.1% 19.1% 21.3 professional/Technical .. # of employees " 2 9 11 2 9 11 % of employees 4.3% 19.1% 23.4~ 4.3% 19.1%!'~.4 . , Office/Clerical # of employees 1 9 % of employees 2.1% 19.1% 2.1% !21.39 21.3% 2.1%i 23.4 Service/~intenance # of employees 1 7 7 15 15 % of employees 2.i% 14.9% Of the total work force, spanish surname males in service and maintenance represent 14.9%. Table 3 Percentage of Each Employee Group in Each Occupational Group Am. Ind. Asian Am. Black Sp. Sur. Oth. non-wht White Female Male Administrative 11.1% 24.3% 7.7% 26.5% .{....... Professional/Technical 29.7% 15.4% 26.5% Office/Clerical 11.1% 27.0% 76.9% 279To Service/Maintenance 100% 77.8% 18. ~% -- 44. t% Total I00% 100% 100% 100% 10(f/~ Table 4A Percentage Each Employee Group Is Of Each Occupational Group Am, Ind, Asian Am, Black Sp, Sur, Oth non-wht White Total Fenmle Male 9. .1 Administrative 10% 90% 100% 10% 90% 100% Professional/Technical 100% 100% 18,2% 81.8% ? 'C Office/Clerical '9% 91.% 100% = 91% .9% 100% Service/Maintenance 6,7% 46, ~ 46, T~ 10~ - - 10~ 100% Among professional positions, 82% are held by males and 18% are held by females. Table 4B· Percentage Each Employee Group Is of Each Occupational Group Am. Ind. Asian Am. Black Sp. Sur. Oth non-wht White Total F M F M F M F M F M F M Female Male Tc Administrative 107o 107~ 807~ 100~ 10% 90% lb~ Professional/Technical 18.27~ 81.8%i 1007~ 18.2% 81.8% 100% Office/Clerical 9Y~ 82% 9% 100~Z . 91°/~' 97~ 10~-~ Se~ice/Maintenance 6 .~ 4.6.F~ 46.~ 100~ 1007~ 10~ Ta ~A Availability of Minoritiea and Women by Job Classification in Santa Clara County Labor Market American Asian Black Spanish Other Total kVnite Total Femalel .... Indian American ....Surname Non-wh,it.,e.[ ~,inoritF ~ ..... Administrative ,6% 6.8% 2.0% 9.4% 90.6% 100.0', 19% - professional/ Technical 1.3% 7.1% 4.8% 13.1% 86.9% 100.0~ 377° . Office/Clerical 1.5% 11.0% 3.57° 16.07o 84.0% 100.0 75% Service/Kindred 3.6% 30.1% 6.6% 40.3% 59.7% 100.0~, 16% - Total Available Labor Force 1.6% 14.9% 3.9% 20.4% 79.6% 100.0~ 36.8% 63.2% 16 + years Total Population Santa Clara County .4% 2.9% 1.7% 17.5% .77o 23.2% 76.8%~ 100.0] 48.4% 51.67~ Differential: Labor Force/ Population (.4) (2.9) (~1) (2.6) 3.2 (2.8) 2.8 - (11.6 11.6 Except where noted Total Available Labor Force equals the sum of employed and experienced unemployed Tab' 5B Comparison Between City Work Force ~nd Availability of Persons by Job Category in Santa Clara County Labor Market Black Sp. Sur. Other non-wht.* White Total All Minorities Female ~dministrative City Work Force 0% 10.0~ 0% 90.0% 100% 10.0% 10,0% Labor Market ** ,6% 6,8% 2,0% 90.6% 100% 9,4% Professional and Technical City Work Force 0% 0% 10% 100% 100% 0% 18,2% Labor Market *** 1,3% 7,1% J4,8% 86,9% 100% 13,1% 37.0% 0ffice/Clezical City Work Force 0% ..9,0% 0% 91,0% 100% ~,0% 91% Labor Market *~* 1,5% 11,0% 3,5% 84.0% 100% 16,0% ;ervice and Kindred City Work Force 0% 46~T~ 6,T~ 46,T~ 100% 53,3% 0% Labor Market *** 3,6% 30,1% 6,6% 59,7% 100% 40,3% 11 Occupations City Work Force 0% 19.2% 2,1% 78,7% 100% 21,3% 26,0% Labor Market *** 1,6% 14,9% 3,9% 79,6% 100% 20,4% 36.8% * Includes American Indian, Asian American, and other non-white. ** Includes non self-employed managers and administrators *** Includes'em~lgyed persons' 16. years and btder, and expe~ienced.unem~loyed. persons 16 years and older Determination of Labor Market Area For Affirmative Action purposes it is necessary to determine a logical labor market area. This is important in order to be able to draw comparisons between the City~s work force and the availability of qualified applicants in the labor market. To determine the labor market area, an analysis of applications for City employment and the residences of current employees has been made with the following results: I. A Sample of applications (45) for administrative, technical, clerica~ and maintenance positions indicates that 7.7% came from Saratoga, 69.2% came from within Santa Clara County, yet outside of Saratoga, 23.1% came from applicants living outside the County. The applications from outside the County were generally for administrative positions. 2. Among current City employees, 13.6% reside in Saratoga, 84.1% live outside the City limits but within the Count~, and 2.3% reside out of Santa Clara County. Based upon these results, it has been determined that Santa Clara County constitutes the most logical choice as the labor market area for purposes of Affirmative Action comparisons.