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1984-133-Adopting Ten-Year Affirmative Action Plan For 1984-1994RESOLUTION NO. 1984 -133 A RESOLUTION ADOPTING TEN -YEAR AFFIRMATIVE ACTION PLAN FOR 1984 -1994 WHEREAS, the Town Council of the Town of Los Gatos adopted an Affirmative Action Plan in 1975; and WHEREAS, the Town has established Affirmative Action Goals in the past in accordance with the Plan; and WHEREAS, the Affirmative Action goals represent the Town's intention to have a representative work force, but not to establish a quota system; NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos hereby adopts the goals appended herein as Exhibit A. PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, CALIFORNIA, at a regular meeting held this 6 day of August , 1984, by the following vote: AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Terrence J. Daily, Brent N. Ventura, and Mayor Thomas J. Ferrito NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None SIGNED: MAYOR OF THE 05 LOS GATOS ATTEST: ,� '? LE CRK OF THE TOWN OF LOS TOS RESOLUTION AMENDING AFFIRMATIVE ACTION POLICY -- 2 July 31, 1984 In October 1980, a report was made to Interim Town Manager Richard Perry assessing the Town's performance in relation to the Affirmative Action goals set for the period 1975 -1980. That report also contained proposed goals for the period 1980- 1985 and recommended that the plan be amended to add the word "handicapped" to the phrase in the Plan precluding discrimination on the basis of race, color, religion, sex, and national origin. A search of Town records does not show any evidence of Council's action on either the recommended language changes or the 1980 -1985 Affirmative Action goals. It is conceivable that in the transition period the actions were never brought to Council's attention. It should be made clear that even though Council did not take formal action to amend the plan to include "handicapped," the Town, in fact, has and does continue to recognize handicapped persons as being legally protected against employment discrimination. It is recommended that Council adopt the attached resolution formally amending the program to include the appropriate language. Evaluation of 1980 -1985 Goals Staff has concluded that several reasons dictate that the 1980 -85 goals should be evaluated to date, and restated as ten -year goals for the period 1984 -1994. Tablel of the attached report displays the Town's success in meeting the 1980 -85 goals. The Town met or exceeded its goals for employing minorities in adminis- trative, protective services, and skilled craft categories. The Town fell short in employing minorities in the following categories: professional, technicians, office /clerical and service /maintenance. The Town met its goals for employing females in administration, professional, and. office /clerical. The Town was seriously deficient in hiring females in the tech - nicial, protective service, skilled craft, and maintenance categories. The Town's work force does meet or exceed the minority or female characteristics of the Town; however, the broader recruitment area for employment is the Santa Clara County area. The Town has clearly made progress in certain job categories, and some of the failure can be attributable to a lack of success in identifying minorities and females to be included in the applicant pool. Staff has developed specific recommendations, as included on p. 5 of the attached report, to remedy, this problem. Recommended Goals for 1984-1994 The recommended goals for the period 1984 -1994 are displayed in the attached Exhibit B, and were established according to the following principles: Only outdated census data was available when the 1980 -85 goals were estab- lished; organizational changes in the last two years, including a classification study and additional position allocations, have changed the underlying assumptions upon which the goals were developed. RESOLUTION AMENDING AFFIRMATIVE ACTION POLICY -- 3 July 31, 1984 1. An assumption that the Town work force would increase an average of 1.5% per year. 2. That all job categories should clearly include the represen- tation of minorities and females in the regional (Santa Clara County) work force. This second principle stated above differs drastically from the principle used in establishing 1975 -80 and 1980 -85 goals. In the previous time frames, goals were established on the basis of regional availability by job category. The movement away from the principle of using regional availability is consistent with the intent expressed at the adoption of the Affirmative Action Plan in 1975 that population statistics are valid in ascertaining how the Town's work force should ultimately be composed. It appears that nearly ten years after the adop- tion of the Plan, the Town should be looking at achieving long -range goals. Additionally, demographics have changed, and the far greater minority and female representation in the work force is clearly mirroring their representation in the population. NPL /DRM /ss Encls. cc: Regular Distribution RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 1975 -75 ADOPTING AN AFFIRMATIVE ACTION PLAN WHEREAS, the Town Council adopted an Affirmative Action Plan in 1975; and WHEREAS, the Town recognizes the need to insure that handicapped persons are included in employment opportunities with the Town; NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos does hereby amend Resolution No. 1975 -75, Adopting an Affirmative Action Plan, to include "handicapped" in all phrases that include the following: race, color, religion, sex, or national origin. PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, CALIFORNIA, at a meeting held this 1984, by the following vote: AYES: NOES: COUNCIL MEMBERS COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS SIGNED: ATTEST: CLERK OF THE TOWN OF LOS GATOS day of MAYOR OF THE TOWN OF LOS GATOS RESOLUTION NO. A RESOLUTION ADOPTING TEN -YEAR AFFIRMATIVE ACTION PLAN FOR 1984 -1994 WHEREAS, the Town Council of the Town of Los Gatos adopted an Affirmative Action Plan in 1975; and WHEREAS, the Town has established Affirmative Action Goals in the past in accordance with the Plan; and WHEREAS, the Affirmative Action goals represent the Town's intention to have a representative work force, but not to establish a quota system; NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos hereby adopts the goals appended herein as Exhibit A. PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, CALIFORNIA, at a meeting held this day of 1984, by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS SIGNED: ATTEST: CLERK OF THE TOWN OF LOS GATES MAYOR OF THE TOWN OF LOS GATOS Office of the TOWN MANAGER TO: DAVID R. MORA MEMO NO. M -1535 TOWN MANAGER FROM: NADINE P. LEVINrn$� DATE: June 18, 1984 .4SSISTANT TOWN MANAGER SUBJECT: AFFIRMATIVE ACTION REPORT AND 1984 -94 GOALS This report is an evaluation of the Town's progress in meeting its affirmative action goals for the five year period from 1980 -1985, a restatement, and update of goals for the ten year period from 1984 to 1994, and proposed changes in the Affirmative Action Plan. Background The Town of Los Gatos adopted n Affirmative Action Plan in 1975 (Resolution No. 1975 -75). The program was established for the purpose of insuring that Town employment opportunities would be open to anyone, regardless of race, color, religion, sex or national origin, and that selection procedures used by the Town would discriminate on no other basis than applicant's abilities to perform the duties of the job. The program makes references to affirmative action goals, and notes that the goals were not to be construed as quotas, nor would they preclude the hiring of qualffied non - minority males. Five year goals were established, for the period 1975 -80, upon adoption of the Affirmative Action Plan. A report prepared for Interim Town Manager Richard Perry in October 1980 assessed the Town's performance in relation to the five year goals. In summary, the performance evaluation made the following points: Goals established for the period between 1975 -80 were met or exceeded in five areas: employment of minorities in office /clerical and service /maintenance positions, and employment of females in professional /technical and office/ clerical positions. - The Town fell short of meeting its goals in three areas: employment of minorities in professional and skilled craft positions and employment of women in protective service positions. The report to Mr. Perry contained proposed goals for the period 1980 -85. The goals were established according to the same principles that were used in setting the 1975 goals: assumed that the number of positions allocated in each category would remain constant. Exhibit A AFFIRMATIVE ACTION REPORT - 2 M -1535 - determined the regional availability percentage by women and minorities. This was accomplished by using figures computed by the state in 1972. No other figures were available when the report was prepared and this was an admitted shortcoming in the calculation of 1980 -85 goals. The report to Mr. Perry made two recommendations: (1) That the goals be adopted by resolution of Council. (2) That the word "handicapped" be added to the phrase, "race, color, religion, sex." A search of Town records does not show any evidence of Council's action on either of the recommendations. It is conceivable that in the transition period the. actions were never brought to Council's attention. It should be made clear that even though Council did not take formal action to amend the program to include "handicapped ", the Town, in fact, has and does continue to recognize handicapped personsas being legally protected against employment discrimination. It-is recommended that Council formally amend the plan to include the appropriate language.. The next section of this report evaluates the Town's progress in meeting goals established for the period 1980 -1985. In view of the outdated data available when the goals were established, it is recommended that the goals for the period 1980 -85 be restated to express the period 1980 -84 (June 30, 1 ?84) and 1985 be incorporated into goals for a six year period, 1985 -1990. Evaluation of 1980 -1985 Goals Table 1 shows a comparison of the 1980 Affirmative Action Goals in each job category to actual percentages of minorities and women employed as of June 1, 1984. Performance: (Minority) The Town met or exceeded its goals for employing minorities in the following categories: administrative; protective services; skilled craft. The Town fell short in meetings its goals in the following categories: professional, technicians, office /clerical and service /maintenance. Performance: (Female) The Town met or exceeded its goals for employing females.in the following categories: administrative; professional; office /clerical. The Town was seriously deficient in four categories: technicians; protective services; skilled craft and service /maintenance. 1' Additionally, organizational changes in the last two years including a classification study and additional position allocations substantially changed the assumptions upon which the 1980 -85 goals were developed, and thus warrant reexamination. AFFIRMATIVE ACTION REPORT - 3 Analysis M -1535 In analyzing the success or failure in meeting affirmative action goals three major factors must be considered: increase or decrease in authorized positions, turn over in positions, and regional competition with other employers. Being a relatively small agency, the Town rarely experiences rapid growth in positions nor a large degree of attrition.. The categories experiencing growth and /or turn over have been administrative; protective services; paraprofessional and skilled craft. The Town has been successful in filling administrative openings with either minorities or females. Of the-last four administrative positions filled by the Town, two have been minorities and one a female. The protective service category has seen considerable growth and some attrition over the last several years. The Town has been successful in recruiting and hiring minorities.; however, there has been no success experienced in hiring females. One female in the protective service was promoted to sergeant and recategor.ized to the technician category. The last two exam, processes for the protective services have not demonstrated a large pool of female candidates. History also shows that females have been in demand and have declined employment with the Town in favor of another agency or jurisdiction. The paraprofessional category is the newest job category in Town employment. There has been considerable growth in the area; and the Town has been successful in hiring females, but not minorities. The Town has experienced both additional authorized positions and attrition in skilled craft categories. However, of the last five positions filled, none of the employees were female or minority. The minority representation in this categoryis that of longer term employees. An overall evaluation of the total statistics presented in Table l suggest that female representation in the Town workforce is nearly representative of the regional availability of females; however, this is skewed due to the overrepresentation of females in the traditional female categories. An overall evaluation of minority representation of employees in the Town workforce falls consi.derabl.y short of the regional availability. It is important to note that the Town. workforce does meet or exceed the minority or female characteristics of the Town; however, the broader recruitment area of Town employment is the Santa.Clara.County area. The. Town has clearly made progress in certain job categories and some of the failure can be attributed to a lack of success in identifying minorities and females to be included in the applicant pool. The implementation section of this.report will make specific recommendations on how to remedythis problem. AFFIRMATIVE ACTION REPORT - 4 Goals for 1984 -1994 The goals for 1984 -94 are displayed in Table 3 and were established according to the following principles: (1) An assumption that the Town workforce would increase an average of 1:.5% per year. M -1535 (2) That all job categories should closely mirror the representation of minorities & females in the regional (Santa Clara County) workforce. This principle differs drastically from the principle used in establishing 1975 -80 and 1980 -85 goals. In the previous time-frames, goals were established on the basis of regional availability by job category. The movement away from.the principle of using regional availability by job category is consistent with the intent expressed in the Affirmative Action Plan adopted by the Town in 1975: "The Town must consider job categories in establishing goals, to avoid perpetuating the problem of having women and. minorities concentrated in lower paying jobs. Popu.lation statistics are valid in ascertaining how the Town's workforce should ultimately be composed but short -term goals must be based on.the availability of qualified minorities and women." Nearly ten years Tater, the Town must begin to look at the longer range goals. Additionally, demographics have changed and the regional workforce has greater minority representation and females in the workforce are closely mirroring their representation in the population. Implementation: The Town is clearly an equal opportunity employer and the selection processes employed have not discriminated on any basis other than on applicant's ability to perform the duties of the job. Additionally, the Town's affirmative action goals are. not. to be construed as quotas.,. nor will they preclude the hiring of qualified non - minority males. In meeting its goals for 1984 -94, the Town needs to work in the following areas: (1) Secure a larger number of female and minority applicants. An aggressive recruitment.effort must be made to advertise in publications and sources known to be read. by minorities and females. (2) Use promotional opportunities where possible to move minority and female employees into job categories where they are underrepresented. AFFIRMATIVE ACTION REPORT - 5 M -1535 (3) Explore the possibility with the City of San Jose' and the County of Santa Clara to use their eligibility lists to identify female and minority applicants for Town positions. (4) Disseminate information to trade schools, junior colleges, technical schools of position openings and specific interest in minorities and females. (5) Improve the method by which recruitment statistics are kept.. The Town must be concerned principally with the following job categories: Professional - minority representation Technicians - minority and female representation Protective Services - female representation Paraprofessional - minority representation. Skilled Craft - female representation Service /Maintenance — minority and female representation Recommendation: (1) That Council formally amend the Affirmative Action Plan to include appropriate language indicating legal protection for handicapped persons against employment discrimination. (2) Council adopt the 1984 -94 Affirmative Action Goals by resolution. 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