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HomeMy WebLinkAboutCOMM. 081 OFFICE OF THE MAYOR — county of hawaii , hiIo , hawaii 96 '220 COMMITTEE ON THE STATUS OF WOMEN - • HERBERT T.MATAYOSHI MAYOR • • July 17, 1979 MR MORANDUM TO: Charter Review Commission FROM: Ginny Aste, Chair, Committee on the Status of Women It is our understanding that you have reviewed the amendment submitted to you regarding recognition in the County Charter of Equal Employment practices - and affirmative action guidelines and have determined that this amendment cannot be reconsidered, since you have completed review of the duties and responsibilities of the Mayor under the Charter. In talking to Mr. Stuart Oda, counsel to your commission, we indicated that we felt recognition of equal employment and affirmative action should be included in some way in the Charter, especially since there have been County Council resolutions and other determinations which indicate that it has some priority. See attachments. Since you have suggested that County Personnel Services be consolidated under the Department of Civil Service under the revised charter, it is our recommendation that an amendment be added to the regulations dealing with . the Department of Civil Service similar to that in the Honolulu City and County Charter, as follows: Equal opportunity for all regard less of age, race, sex, religion or politics. Mr. Oda has indicated that although a reconsideration would not be in order at this time, an amendment would be proper.. We urgently recommend that you include this sentence recognizing the importance of a commitment to equal opportunity at the Charter level. COMM. NO. I/ REVISED CHARTER OF THE CITE' & COUNTY. OF HONOLULU 1973 ARTICLE VI EXECUTIVE BRANCH – P.AN__GING DIRECTOR AND AGENCIES • DIRECTLY UNDER THE MANAGING .DIRECTOR • Section 6-207. Liquor Commission—The organization and the duties and functions of the liquor commission of the City and County of Honolulu shall be as provided by law, except that the commission shall . be attached to the department of finance. CHAPTER 3 DEPARTMENT OF CIVIL SERVICE , Section 6=301. Organization— There shall be a department of civil ' service which shall consist of a director of civil service, a civil service commission and the necessary staff. The director of civil service shall be the administrative head of the department of civil service. Section 6-302. Statement of Policy—It is hereby declared to be the • purpose of this chapter of the charter to establish in the city a system of I ' personnel administration based on merit principles and generally accepted methods governing the classification of positions and the . employment, conduct, movement and separation of public officers and employees. • It is also declared to be the purpose of this chapter of the charter to build a career service which will attract, select and retain, on a merit basis, the best qualified civil servants who shall hold their offices or positions, free from coercive political influences, with incentives in the form of genuine opportunities for promotions in order that they may provide competent and impartial service to the public according to the • dictates of ethics and morality. In order to achieve these purposes, it is • the declared policy of the city that the, personnel system hereby . established be applied and administered in accordance with the following merit principles: (a) Equal opportunity for all regardless of age, race, sex, religion or politics. (b) Impartial selection of the ablest person for government service by means of competitive tests which are fair. (c) Just opportunity for competent employees to be promoted within the service. ': (d) Reasonable job security for the competent employee. (e) Systematic classification of all positions through adequate ' a job evaluation. . (f) Proper balance in employer-employee relations between the • people, as the employer, and employees, as individual citizens, to achieve a well trained and productive working force_ Section 6-303. Civil Service and Executive Branch Exemptions—The provisions of this chapter of the charter shall apply to all positions in the • service, of the executive branch. This section shall apply to semi- autonomous agencies as though they are departments of the executive branch. The positionsfollowing s shall be exempt'from the provisions of this chapter of the charter: . (a) Positions of officers elected by public vote; positions of 24 _ FEDERAL, STATE, COUNTY LAWS, PROVISIONS • RELATED TO EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION FEDERAL LAWS, ORDERS Title VII, Civil _Rights Act, as amended by Equa1_ Employment Opportunity (EEO) Act, 1972) - prohibits discrimination based on race, color, religion, sex, national origin; empowers EEOC to go to court to enforce law. Executive Order 11246, as amended by Executive Order 11375 - requires affirma- tive action programs by Federal contractors, subcontractors. Title VI, Civil Rights Act, 1964 - prohibits discrimination based on race, color, national origin in all programs and activities receiving Federal financial aid, Equal Pay Act, 1963, as amended, 1972 - provides equal pay for men and women performing same work. Age Discrimination in Employment Act, 1967 - prohibits discrimination on basis of age, persons 40-70. Related Areas State and Local Fiscal Assistance Act of 1972 - calls for non-discrimination on the part of all state and local governments receiving federal revenue , sharing funds. CETA, 1973, as amended - prohibits discrimination due to race, creed, color, national origin, sex, age, handicap, political affiliation, beliefs. Rehabilitation• Act, 1973, as amended = prohibits discrimination against handicapped. • Vietnam Veterans Readjustment Assistance Act, 1974 - prohibits discrimina- tion against handicapped veterans, veterans of Vietnam era. FEDERAL REGULATING AGENCIES Equal Employment Opportunity Commission (Title VII) - investigates, conciliates charges of discrimination, brings action in U.S. District Court against party being charged. Office of Federal Contract Compliance (Executive Order 11246, as amended) - covers federal government contractors, subcontractors, contractors performing work under federally assisted construction contracts. National Labor Relations Board - regulates labor relations activities. Wage-Hour Division, Labor Department - regulates equal pay, age discrimination acts. fl • Other Agencies Merit System Protection Agency Office of Personnel Management STATE LAWS _ Civil Service Law (Sec. 76, as amended) - EEO for all regardless of race, sex, age, religion, color, ancestry, politics. State Fair Employment Practice Law (Act 180, 1963) , Employment Practices as amended (Sec. 378-2) - discriminatory practices made unlawful on basis of _ .race, sex, age, religion, color, ancestry, arrest or court record, physical handicap, marital status. General Provisions of Public Service (Sec. 78-2) - equal opportunity for persons with physical, mental handicaps. COUNTY OF HAWAII Resolution 251 - states that it is the policy of the County of Hawaii to follow in letter and in spirit the provisions of the Federal laws, regula- tions and executive orders in equal opportunity in employment and affirma- tive action. Rules and Regulations on Civil Service and Compensation (21. Non-Discrimination)- provides equal opportunity . . . regardless of race, religion, politics, physical disabilities, color, sex, national origin, age. No discrimination in employment shall be practiced, except where bonafide occupational qualifications established. CONSTITUTIONAL AMENDMENTS NDMENTS 14th Amendment, 1868, Equal Protection Clause - no state shall make-or enforce any law which shall' deny to any person within its jurisdiction the equal protection of the laws. (Pending) 27th Amendment, Equal Rights Amendment - equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. (As of 4/25/75, ratified by 34 states; needs 38 to become effective 2 years after ratification.) • County of awa i-State of Hawaii Resolution No 51 WHEREAS, the County of Hawaii is committed to a policy of equal employment opportunity in all matters, of employment without regard to race, color, religion, sex, national origin, political affiliation or any other circumstances other than merit and qualification; and WHEREAS, the County of Hawaii concurs with all affirmative actions to eliminate artificial barriers and provide ecual employment opportunity in its employment processes; and WHEREAS, the Federal Government has encouraged the County' s creation and adoption of an affirmative action plan that will provide opportunities for substantial progress in the representa- tion of all ethnic groups and women in responsible positions throughout the County government; and WHEREAS, the County of Hawaii is of the opinion that there is an immediate need to implement an aggressive affirmative action plan to overcome underutillzatlon ofcertain groups in the public workforce; and WHEREAS, the County of Hawaii is also ofthe opinion that, once these underutilizations are corrected, equal opportunity of access to and advancement within the public workforce should remain as the objective of the employment practices of the County; BE IT RESOLVED, that it is the policy of the County of Hawaii to follow in letter and in spirit the provisions of .the Federal laws, regulations and executive orders on equal opportunity in employment and affirmative action; . •e i NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY • OF HAWAII that the County's Equal Employment Opportunity Affirma- tive Action Program shall be adopted, implemented and maintained in accordance with County policy and Federal regulations. . BE IT FURTHER RESOLVED that the County Clerk be and is hereby directed to transmit true copies of this resolution to all agencies 11 and departments of the County of Hawaii. ' Dated at Hilo, Hawaii, this 15th day of April , 1978. • INTRODUCED BY: • \,.._:- j '7:/ . COUNCIL DF';BE`5,,/ / I ROIL CALL VOTE I COUNTY COUNCIL AYES .OtS(="e I County of Hawaii Dahlberg X i Hilo, Hawaii Domingo ( ?: Fujii X I hereby certify thot the foregoing RESOLUTION we3 by the vote indicoted to x Garcia __ J the right hereof odopted by the COUNCIL of the County of Hawaii or. Karrahara April 15, 1978 Lai x Samerhima X — ATTEST: Tajiri X _ Chr.Yamaihiro X Q/ j, ' i ////' f • 8 1 ,9t / j 1 - t: r,K�: _.C-744/FC- 31 FL B. LL-GASP) TEMIEN K. A./.ASHIRD COUNt1 Cl[RK Chairman&P,cv,ding Oificc7 MS, hlc _.-..__-- --_ - _.-.• ..- 51 R:SOU E W I ON NO ........ ... . .. .. -- • • • • TO: ;embers of the Charter Review Commission SUBJECT: Proposed .men3ment to the County Charter regarding Sec. 5-1.4 Powers, Duties and Functions (of the Mayor) The Committee on the Status of women is concerned that the County Charter presently does not contain a pr ovi si On that addresses equal employment opportunity. The Committee therefore is requesting that the Members of the Charter Review Commission consider a proposed amendment to the Charter under Sec. 5-1.4, the Powers, Duties and Functions of the Mayor, namely, "to assure that each department complies with all of the policy statements and the intent of the , County's Equal Employment Opportunity program." - The rationale for the proposed amendment is as follows: _ • 1. The legal mandate for equal em-3loyment opportunity exists through applicable Federal and State laws and Orders as listed on the " attachment entitled Federal, State, County Laws, Provisions Related to Equal Employment Opportunity Affirmative Action. 2. In Resolution 251, dated April 15,1978, the County Council voted to adopt the County's Equal Employment Opportunity Affirmative Action Program. As stated in the Proram, it is the policy of the County to provide equal employment opportunities in all matters of employ- ment without regard to race, color, religion, sex, national origin, political affiliation, or any other circumstances other than merit or qualification. 3. Inclusion of the proposed amendment would affiim the County's official commitment to Equal Employment Opportunity and its pollicy of non- di sc ri mi n ati on. 4. Inclusion would also be a means of making the general public as well as County of Hawaii employees aware that Equal Employri::ent Opportunity is the policy of the County of Hawaii and that its e_n=orcement is ultimately the respons billty of the Mayor.