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88-449 WHITE - CITY GLERK PINK - FINANCE G I TY OF SA I NT PA U L Council /y�, �[/ BLUERV - MAVORTMENT File NO. V �` " �� , � Cou cil Resolution Presented By �' � '�°� o Referred To Committee: Date Out of Committee By Date WHEREAS, the City Cou cil is on record in support of applying affirmative action in the hiring of all new city employees; and WHEREAS, the Council rec ntly initiated a process for hiring a Director of Council Invest ' ga'cion and Research and due to an oversight by the Personnel D partment affirmative action policy procedures were not followed n the selection process; and WHEREAS, it is neces ary for the Council to delineate a clear policy for applying af irmative action in the filling of unclassified positions in cit government; now, therefore, be it RESOLVED, the Personne Office has the authority to apply standard recruitment and se ection techniques for unclassified positions in the city service with the exception of the position of Deputy Mayor and City Cou cil Legislative Aides . Applicants from the relevant labor marke will be recruited for unclassified position openings. The candidates meeting the minimum requirements will be allowed o participate in further selection phases such as ratings of tra ' ning and experience, oral tests, or assessment centers. The P rsonnel Office shall make its best effort to ensure that can idates participating in further screening and that the final pool of candidates referred to the apprinting officer for inter iew are reflective of the protected ��.ass groups in the relevant labor market. The Personnel Office :�h�t"1 also make its best ef ort to assure that if the applicant p�o� is underrepresented of the protected class groups that all appropriate recruitment sour es for the relevant labor market for protected classes have been ecruited from. COUNCIL MEMBERS Yeas Nays � Requested by Department of: Dimond �� [n Fav r coswitq�w►-- Rettmen �be;be� A gai n s t BY Sonnen Wilson ., MaR 3�, � $ Form Approved by City Attorney Adopted by Council: Date Certified Pas e il S r . By By A►pproved by Mavor: Date Approved by Mayor for Submission to Council By By Approved without the signature of the Mayo pursuant to Section 6.08 of the City Chart r. Pl�IiSNED �r� s �� ��$8 �-�'-`'�`�� - ,��*• �, CITY O �AINT PAUL �� �; OFFIC OF THE MAYOR Albert U1son, (:ity l:lerk ° ,���� � CITY CLERK�S OFFICE +� �Q 3 7 CITY HALL 386 City Hall ,... - Saint Paul, MN 55102 SAINT PA L, MINNESOTA 55102 GEORGE LATIMER ( 12) 298-4323 MAYQR anr�� l s , isg8 Council President Jim Sche ' bel and `Iembers of the Citv Co� nci 1 +th Floor Cit`- Hall Saint I'aul , Minnesota 5�1 2 Dear i'resident. 5cheibel an ^lembers of the City Goui��il : B�- ac�opti_on of C-ouricil i�es lution No. 88-��9 , t:he City Council on T��ursda� shuwed their s pport for apt�I�in� affirmativt action .in the hiri�ig of al City emplo�ees including unclassified appointments . In general , I strongly sup ort the concept of considering hiring affirmatively for a 1 City positions . Attached you will find a m mo from Terr� Sulli�an of the Citv Attornev' s Office as well s a memo from Kelly Tanzer and German don Alvarado of the Personnel Office citing the coi�cerns and questions the have relati�e to the passage of Resolution #88-449 . My proposal is that the ad inistration and the City Council o��er the next several week attempt to come to some common understanding on this issu . The administration saill during that time determine what G' ty positions are affected and prcpose a possible proeedu e that would give some direction relative to selection and ppointment of unclassi.fied staff . t�'e ma�� find that upon cond cting such a review a substitute resolution clarifying Coun il intent and administrative implementation may be necessary. In as much as the resolution is just that , an expression of intent which I share, I d not choose to vet,o . Staff will , noc.-e�-er , follow this up b clarifying what could be serious amt,i?uities in the presen language. ��er� trul<< <rours , I � � Gev_6 atimer .1�, J_ GLi j cc : Denartment arid Offic L�irector•s German dori Al�•aradu Kel.ly Tanzer Terrv Sullivan Attachments °�•° � wNITE - C�T1I CLERK PINK - FINANCE CO�lI1C11 ����/�� C�NARV -OEP�RTMENT G I TY O SA I NT PA U L File NO. 7 �LUE - MAVOR � � Cou c l Resolution . � 3� 8' Presented By �' Referred To Committee: Date Out of Committee By Date WHEREAS, the City Co ncil is on record in support of applying affirmative actio in the hiring of all new city employees; and WHEREAS, the Council re ently initiated a process for hiring a Director of Council Inves igation and Research and due to an oversight by the Personnel epartment affirmative action policy procedures were not followed in the selection process; and WHEREAS, it is nece sary for the Council to delineate a clear policy for applying a firmative action in the filling of unclassified positions in ci y government; now, therefore, be it RESOLVED, the Personn 1 Office has the authority to apply . standard recruitment and s lection techniques for unclassified_ positions in the city servic with the exception of the position of Deputy Mayor and City Co ncil Legislative Aides. Applicants from the relevant labor mar t will be recruited for unclassified position openings. The candidates meeting the minimum requirements will be allowe to participate in further selection phases such as ratings of t aining and experience, oral tests, or assessment centers. The Personnel Office shall make its best - effort to ensure that� c ndidates participating in further screening and that the fin 1 pool of candidates referred to the appointing officer for inte view are reflective of the protected class groups in the relevan labor market. The Personnel Office shall also make its best e fort to assure that if the applicant pool is underrepresented o the protected class groups that all appropriate recruitment sou ces for the relevant labor market for protected classes have been recruited from. COUNCIL MEMBERS Requested by Department of: y�s Nays Dimund Lo� In Fa or Goswity.�' Rettman B s�heinel Again t y Sonnen �Ison �R 3 Q , 8 Form Approved by City Attorney Adopted by Council: Date � CertiEied Pas e r .il S r . By gl. Approved by Navor: Date Approved by Mayor for Submission to Council By By ! ��� CIT OF SAINT PAUL INTERDEPAR MENTAL MEMORANDUM April 6, 1988 TO: LEE ANN TURCHIN Office of Mayor FR: TERRY SU LIVAN Assist t City Attorney � • I am, writing this memo in r gard to the recent resolution which was passed by the Council set ing forth a policy for administering affirmative action in Unclass' fied positions. As you know, we discussed a number of issues in regard to this resolution at our recent m eting. However, the main concern of mine is the legal implic tions in regard to this resolution. It is not entirely clear, bu it appears that perhaps the Council.is attempting to apply some rt of control over the method by which Unclassified appointm nts will be filled. The Charter is clear in that certain ppointments may be made by various officers of the City of Sai t Paul and that the choice of these appointments remains exclusi ely within these appointing author- ities. I think it is proper .for the City to establish some sort of , a policy that they suggest be used in such appointments, but it would not be legal to impair this appointing process in such a way as to take awa the selection from the appointing officers . � In addition, at our recent meeting it became clear that this is an important topic that a fects several different departments. It would be necessary to hav the input of the various departments involved to have a truly workable affirmative action policy in regard to Unclassified appointments. Therefore, I would suggest that we communicat this concern to the Council and take the necessary steps t get this input. At that point, I think a more clear policy ould be established. TS :cg �� v �� � To: Lee Ann Turchin, Mayor's Offic From: German don Alvarado, Affirmati e Actio Kelly Tanzer, Recruitment & Se ecti � Date: April 5, 1988 Re: Affirmative Action Resolution or Unclassified Positions Based on our conversation with you an Terry Sullivan, we believe the following issues need to be resolved r garding resolution for affirmative action in unclassified positions. 1. What are the positions impact by it? We know it is all unclassifie positions with the exceptions noted, but what are the specific pos tions covered and as a result of the listing, will there be other ncerns for exceptions as well? 2. How will the process be initi ted? Who will initiate it? What will be the roles for th appointing officer and Personnel Office in this process? Who will be responsible for what? Who will be in charge of the election process itself? 3. What will be the administrati e processes to implement the resolution? 4. Is the resolution assuring st ndarization of selection techniques� i.e. , will it be used the sam way for all unclassified positions? What will the effect be if di ferent selection instruments we used i.e. oral, training and exper ence, assessment center? How will cut offs be set and what will the mean in assuring compliance with affirmative action? 5. Are we going to be setting af irmative action goals for these positions? Doing it as �ob ti les� occupations or as inclusive E.E.O.C. ,job categories? 6. Who has responsibility for mo itoring the process and to determine whether compliance has been hieved? 7. How will we communicate this to the appointing authorities for the City? 8. Is this leading to a similar treatment for classified positions in the City? Basically, do we ave a clear understanding of what we are talking about for this proce s?