New Underwood, South Dakota

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Article 8 - Affirmative Action and Board Conduct


An ordinance providing an affirmative action plan for the City of New Underwood.

BE IT ORDAINED BY THE CITY OF NEW UNDERWOOD,

SECTION I – POLICY

A. It is the policy and the law of the City Of New Underwood to provide equal opportunity to all employees and applicants for ancestry, age, or national origin. Affirmative actions shall be taken to ensure the implementation of this policy in city government employment.
This policy and the obligation to provide equal employment opportunity includes:
1. Hiring, placement, upgrading, transfer, or demotion
2. Recruiting, advertising, or solicitation for employment
3. Treatment during employment
4. Rates of pay or other forms of compensation
5. Selection for training
6. Layoffs or termination

B. This document is applicable to all employees of the City of New Underwood. It becomes effective upon adoption by the City Council and shall continue in effect until a revised plan is issued.

C. This policy means that, in a manner consistent with the Civil Service Ordinance:

1. Everyone is encouraged to apply for jobs, seek further training, compete for promotions, and all will be afforded equal opportunity for development, advancement, and job security.

2. Competition among individuals for a specific job, training, or promotion will be based on qualifications and demonstrated ability
3. Supervisors, at all levels, will insure that all actions affecting an individual employee will be accomplished within both the spirit and letter of applicable equal employment opportunity guidelines.
4. All personnel responsible for these functions will plan and take affirmative action to achieve these goals.

C. This policy is designed not to only to insure against any discriminatory practices, but is further designed to accomplish to positive, continuing, and affirmative equal employment opportunity program for all employees. Equal employment opportunity works hand in hand with merit principles and, thus will provide the City of New Underwood with a fully integrated and highly skilled work force.

SECTION II – ADMINISTRATION

A. The mayor shall lend the full support of his office to the achievement of equal employment opportunity in city government.

B. The City Finance Officer, assisted by the Director of Public Works, shall serve as the City’s Equal Employment Opportunity Officer, and will be responsible for the insuring that equal employment opportunity policies are implemented. The Finance Officer’s duties shall include, but not be limited to: Implementation and evaluation of the City’s Affirmative Action plan; Advising and providing technical assistance on equal employment opportunity.

C. Each department head shall be responsible for implementing the policies set forth in Section I and shall assure that no reprisal or retaliation is taken against any person who has filed a grievance or a formal or informal discrimination complaint or any person who has given testimony or aided in the resolution of a complaint.

D. All supervisors shall be responsible for assuring equal employment opportunity in all aspects and conditions of employment.

SECTION III – IMPLEMENTATION

A. All recruitment efforts shall emphasize that the City of New Underwood is an equal employment opportunity employer and is making every effort to be in compliance with the current posture of equal employment opportunity requirements.

B. All selection procedures and criteria shall be nondiscriminatory and job related to assure reliability and validity for the purpose of predicting successful job performance and shall be reviewed as necessary to maintain this standard.

C. Job classification and the procedures for upward mobility and promotion shall be nondiscriminatory and the requirements job related and the same shall be reviewed as necessary to maintain this standard.

D. All education and training shall be provided on a nondiscriminatory basis to all levels of employees and there shall be an on-going program of dissemination of equal employment opportunity information to all levels of employees.

E. Other terms and conditions of an employee’s work environment, including but not limited to, insurance, vacation, leave of absence, fringe benefits, and social, professional and athletic opportunities shall comply with the current posture of the equal employment opportunity law and requirements.

SECTION IV – EVALUATION AND GOALS

A. The City Finance Officer shall compile an annual equal employment opportunity report, the completion date for which shall coincide with and annual Civil Service Board report. This report shall be based upon statistical data provided by each department and shall meet the currently acceptable federal standards for equal employment opportunity reporting. The same shall be forwarded to the City Council for evaluation and reviewed by the City Finance Officer.

B. Each department shall review its employment situation and turn-over rate and based upon the same, shall set equal employment goals. Such a review and statement of goals shall be a part of each annual equal employment report. Goals are not mandatory but are guidelines by which to measure achievement with the aim of the attainment and maintenance of full equality opportunity.

Board Conduct and Obligations

All Mayors, Councilors, and Board Members, whether elected or appointed, have a responsibility to at all times conduct themselves in a manner befitting the position. Each Board Member must remember that their first priority is to act in the best interest of the City of New Underwood and to not let personal prejudice, history or bias effect decisions made as a City Councilor.

1. POLICY STATEMENT

(a) This Code of Conduct is a public declaration of the principles of good conduct and standards of behavior that Elected and Appointed Members of the City of New Underwood are committed to demonstrate in the performance of their responsibilities as community representatives

(b) The principles and standards in the Code of Conduct are in addition to the requirements of any other relevant Regulation/s.

2. PRINCIPLES

Councilors and Board Members will seek to achieve a team approach when dealing with staff of the Board and they will seek to achieve an environment of mutual respect and trust. They shall establish a working relationship with fellow Members that recognizes and respects the diversity of opinion and seeks to achieve the best possible outcomes for the community.

Councilors and Board members will treat City Staff with respect and tolerance of their different roles in achieving the Board Objectives. They will ensure that their behaviors are not and cannot be interpreted to constitute bullying and/or harassment.

In all things Councilors and Board Members must act with honesty and integrity and conduct themselves in a way that generates community trust and confidence in them as individuals, and which enhances the role and image of the Board and local Government generally.

Councilors and Board Members will be fair, reasonable, just, non-discriminatory and honest in their dealings with individuals and organizations and behave in a manner that facilitates constructive communication between the Board and the community.

Councilors and Board Members will not make improper use of information acquired or make improper use of their position as a Member of the Board.

Councilors and Board Members are expected to show commitment by completing the specified training courses, and updating as needed. Councilors and Board members will discharge their duties conscientiously and to the best of their abilities. In a fair, honest and respectable manner according to the law.

Information provided to or obtained by a Councilor or Board Member in the course of his or her duties is to be respected for its confidentiality and used in a careful and prudent manner consistent with the nature of that information.

Councilors and Board Members must have due regard to the laws dealing with conflict of interest in relation to all their duties and behaviors and exercise the highest level of integrity expected of people holding public office.

3. DEFINITIONS

Harassment is unlawful. It is usually based on a real or perceived difference such as race, sex or disability. It may lead to the person who is being harassed feeling offended, humiliated intimidated or being disadvantaged. Harassment consists of unwelcome, offensive, abusive, belittling or threatening behavior directed at another person.

Bullying is a form of harassment and is not acceptable. Bullying results from treating another person in a less favorable way by intimidatory, offensive, degrading or humiliating behavior. Bullying may be an offence under the Occupational Health Safety and Welfare Act (1986) and may result in serious penalties.

4. PROCEDURES

A. Meetings are to be conducted in accordance with SD State Law. Although our city is small and informal, order must be maintained to ensure all actions will be supported by law. Outbursts, inflammatory comments, and personal attacks will not be tolerated by anyone in attendance at any meeting.

B. Meetings shall begin promptly at the specified hour.

C. Many actions taken by a governing body require not just a majority vote of the quorum but a majority vote of all the elected officials. Not having the appropriate number of Councilors in attendance at any meeting effects the efficient functioning of the entire community.

D. Any Board member or Councilors shall be paid every Any Board member or Councilors shall be paid with the last pay period of every quarter.

E. Councilors and Board members shall complete W-4 and I-9 forms prior to receiving the first paycheck.

F. Committee appointments ensure all areas of the City’s business receive proper attention. It is the appointee’s responsibility to be knowledgeable of the happenings of and fulfill their obligations to their respective committees and to report applicable information at meetings.

G. Packets containing information to be discussed at the next scheduled meeting will be available by 5pm the Monday before each meeting. These packets will be available for pick up at any time in the drop-box, or from the Finance Officer during regular business hours. This allows each Councilor sufficient time to review the information and investigate any questions or concerns before the meeting thus allowing meetings to progress smoothly, efficiently, and quickly.

H. No person (Councilor, Board Member, Employee, Citizen, or Committee member) may, at any time, enter City property or conduct City business under the influence of drugs or alcohol.

Councilors and Members of Board are accountable to the Board and the community for compliance with this Code of Conduct.

A complaint alleging a breach of the Code of Conduct, must be made in writing by any person and, subject to clauses of this Code, must be investigated by the Board of Councilors.

The complaint must identify the provision(s) of the Code which it alleges have been breached and provide all evidence available to support the allegation

Limited English Proficient

It is the policy of the City of New Underwood to provide equal opportunity to all people regardless of race, color, religion, sex, age or national origin.  As such, the City of New Underwood will ensure all services and resources are made equally available and usable to those with Limited English Proficiency (LEP). 

As there have been few past LEP requests or need, there are currently no dedicated municipal staff or resources in New Underwood for LEP assistance. However, in order to be prepared for the potential of occasional future LEP inquiries or requests, the city, through this Ordinance is designating the following resources should LEP communication needs arise. 

  • Language assistance cards (or “I Speak”) cards
  • Telephone interpreter lines will be identified and used if needed
  • Internet language interpretation websites such as translate.google.com will be used as needed 

No added cost for utilization of internet language interpretation websites would be realized, as internet service is already available to municipal offices. And, of course, no costs for LEP communication would be incurred by LEP persons needing assistance.