ADOPTED - JULY 27, 2004
Agenda Item No. 32
Introduced by the County Services and Finance Committees of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION TO ADOPT A REVISED EQUAL OPPORTUNITY EMPLOYMENT PLAN
RESOLUTION #04-219
WHEREAS, Ingham County has been committed and maintains its commitment to equal opportunity and non-discrimination for all persons; and
WHEREAS, this commitment is reflected in an Equal Opportunity Plan which was adopted several years ago by the Board of Commissioners and voluntarily adopted by countywide elected officials and courts; and
WHEREAS, the current Equal Opportunity Employment Plan was last reviewed in total in 1991 and is in need of revision, and
WHEREAS, the Equal Opportunity Committee has devoted much time and effort in developing a proposed updated and revised Equal Opportunity Plan; and
WHEREAS, changes to the proposed revised Plan have been made based on comments and suggestions made by Commissioners, countywide elected officials and Chief Judges, county department heads, and legal counsel; and
WHEREAS, the revised plan re-emphasizes the County Board’s goal to recruit and maintain a diverse workforce based on the general characteristics of its population in an effort to provide the highest quality of service to its constituents, as well as to provide equal opportunity in its employment on the basis of merit and fitness, regardless of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, height, weight, marital status, age or political affiliation (except where age, sex or lack of disability constitutes a bona fide occupational qualification); and
WHEREAS. it also emphasizes that the County will pursue an aggressive recruitment and personnel development program in order to maintain a highly qualified and diverse work force; and
WHEREAS, the Board of Commissioners urges the support of this plan by all offices and agencies of the county;
THEREFORE, BE IT RESOLVED that the Ingham County Board of Commissioners hereby adopts the attached revised Equal Opportunity Employment Plan which rescinds all prior Equal Opportunity Employment Plans adopted by the Board of Commissioners;
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners hereby rescinds the following resolutions:
73-263 Resolution to Create an Equal Opportunity Committee
75-130 A Resolution to Adopt Equal Opportunity Policy III Prohibiting Harassment or Interference with Employee Right to Complain
77-338 A Resolution to Adopt to an Affirmative Action Plan for the County of Ingham
77-197 Resolution Changing Appointment of Equal Opportunity Committee Members
78-170 A Resolution to Supplement, Amend and Restate Its Policies on Equal Opportunity and Non-Discrimination by the County of Ingham
81-35 Resolution to Make Ingham County an Equal Opportunity/Affirmative Action Employer
81-102 Resolution Adopting the Ingham County Sexual Harassment Policy
87-93 Resolution to Adopt an Equal Opportunity Employment Plan
91-187 Resolution to Adopt an Equal Opportunity Employment Plan
BE IT FURTHER RESOLVED, that Resolution #02-283 entitled “Resolution Requiring County Vendors to Conform to the Ingham County Equal Opportunity Employment/Nondiscrimination Policy” shall be amended to include “gender identity” in the second BE IT FURTHER RESOLVED clause as follows:
BE IT FURTHER RESOLVED, that it is the policy of the Board of Commissioners that all
vendors shall, as a condition of providing goods and services, as required by law and/or the
County’s Equal Opportunity Employment/Nondiscrimination Policy, not discriminate against
persons to be served or an employee or applicant for employment with respect to hire, tenure,
terms, conditions or privileges of employment, or a matter directly or indirectly related to
employment because of race, color, religion, national origin, age, sex, sexual orientation,
gender identity, disability that is unrelated to the individual’s ability to perform the duties
of a particular job or position, height, weight, marital status, or political affiliation.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners directs that all county departments and agencies under the jurisdiction of the Board of Commissioners shall be bound by this plan and shall work to further the achievement of the stated goals;
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners requests and encourages all county wide elected officials and Chief Judges to voluntarily adopt this plan and to work to further the achievement of the stated goals, as they have done with prior plans;
BE IT FURTHER RESOLVED, that each county wide elected official or Chief Judge who does not voluntarily adopt this plan is to provide the County Board of Commissioners with their written policies regarding Equal Opportunity and Non-discrimination, including sexual harassment, in order to promote equal opportunity and non-discrimination in the county workforce and to minimize potential legal and financial penalties to their offices, the County Board of Commissioners, and the taxpayers of Ingham County;
BE IT FURTHER RESOLVED, that the Board of Commissioners encourages all other entities within the county government to have equal opportunity and non-discrimination policies reflective of the goals set forth in this plan;
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners commends the Equal Opportunity Committee for its time and effort devoted to revising and updating this Plan.
BE IT FURTHER RESOLVED, that the County Clerk is directed to send a copy of this resolution and Equal Opportunity Plan to each department head, countywide elected official, Chief Judge, and other agency within the county government.
COUNTY SERVICES: Yeas: Swope, Thomas, De Leon, Hertel
Nays: Severino, Nevin Absent: None Approved 7/20/04
FINANCE: Yeas: Lynch, Grebner, Dedden De Leon, Thomas
Nays: None Absent: Minter Approved 7/21/04
REVISED 04/13/04
INGHAM COUNTY EQUAL OPPORTUNITY EMPLOYMENT PLAN
2004
TABLE OF CONTENTS
PREAMBLE AND PURPOSE ………………………………………… 2
I. THE INGHAM COUNTY EQUAL OPPORTUNITY PLAN …………. 2
II. EQUAL OPPORTUNITY COMMITTEE (EOC) ………………………. 3
III. HIRING AND PROMOTION PROCESS ………………………………. 3
IV. HUMAN RESOURCES DEPARTMENT REPORTS …………………. 7
V. EMPLOYMENT PRACTICES …………………………………………. 7
VI. VI. ENFORCEMENT OF THE PLAN ………………………………… 8
VII. SEXUAL HARASSMENT ……………………………………………... 9
VIII. PURCHASING AND CONTRACTING ……………………………….. 12
INGHAM COUNTY
EQUAL OPPORTUNITY EMPLOYMENT PLAN
PREAMBLE AND PURPOSE
It is the goal of Ingham County (hereinafter referred to as the "County") to recruit and maintain a diverse workforce based on the general characteristics of its population in an effort to provide the highest quality of service to its constituents, as well as to provide equal opportunity in its employment on the basis of merit and fitness, regardless of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, height, weight, marital status, age or political affiliation (except where age, sex or lack of disability constitutes a bona fide occupational qualification). The County shall pursue an aggressive recruitment and personnel development program in order to maintain a highly qualified and diverse work force.
I. THE INGHAM COUNTY EQUAL OPPORTUNITY EMPLOYMENT PLAN
Based on the above-stated goal, the County does hereby adopt the Ingham County Equal Opportunity Employment Plan (hereinafter referred to as the "EOE Plan" or "Plan"). This Plan is an integral part of the total Human Resources management program. The County shall pursue a program of recruitment, hiring and promotions of highly qualified employees and applicants, and may consider targeted training projects based on available resources.
This Plan assigns responsibilities and provides for the presentation of reports and annual evaluations. The Plan requires the County to ensure that all Human Resources related decisions are based upon an individual's ability to meet the requirements of the job, and that the County shall monitor and eliminate, if possible, any barriers that interfere with equal opportunity in all segments of the Human Resources program. This Plan precludes quotas and reductions in job related qualifications to increase employment of women, minorities and individuals with disabilities, although the Ingham County Equal Opportunity Committee may recommend adjustments to job-related qualifications after an investigation and determination is made by the Ingham County Equal Opportunity Committee that the recommended job-related qualifications are appropriate. The goals should not be construed as quotas, which must be met, or ceilings that will prevent the hiring or promotion of the most qualified people. Therefore, the County shall hire and promote the most qualified individuals regardless of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, height, weight, marital status, age, or political affiliation (except where age, sex, or lack of disability constitutes a bona fide occupational qualification), in order to meet the labor force demands of the County.
New County employees shall be provided a copy of the Plan, and all County employees will receive a copy of any updated version of the Plan. The Plan will also be made available to all applicants for County employment or any interested parties upon request.
Pursuant to state law, the Board of Commissioners acknowledges the fact that this Equal Opportunity Employment Plan is not enforceable to Department Heads who are elected officials.
However, the Board of Commissioners will use all of its persuasive abilities to encourage elected officials to concur with the Equal Opportunity Plan.
II. EQUAL OPPORTUNITY COMMITTEE (EOC)
The Ingham County Board of Commissioners (hereinafter referred to as the "Board of Commissioners") has appointed a committee consisting of interested citizens to act under the terms of the Plan. This committee will be known as the Ingham County Equal Opportunity Committee (hereinafter referred to as the "EOC"). The EOC is an advisory committee. The EOC will perform the following functions:
$ serve as advisors to the Board of Commissioners on matters that will ensure equal opportunity for all County employees, as well as applicants for County employment.
$ make recommendations to the County Services Committee and/or the Board of Commissioners as necessary to carry out the County's commitment to equal opportunity.
$ review reports submitted by the Human Resources Director.
$ verify that banks or other savings institutions holding County funds are equal opportunity employers and lenders.
$ verify that possible County purchasing is done from equal opportunity employers.
$ review periodic reports and annual evaluations of the ethnic and gender status of the County's employee base.
$ provide an annual report to the County Services Committee based on its work during the previous calendar year.
$ review the Plan for its continued relevance at least every five (5) years.
All meetings of the EOC are open to the public and provide for an opportunity for limited public comment. However, the EOC reserves the right to limit access to its meetings at those times when the facts involved in a complaint against the County are being discussed, subject to the requirements of the Michigan Open Meetings Act.
III. HIRING AND PROMOTION PROCESS
It is the position of the County that it is an Equal Opportunity Employer.
The Human Resources Department will evaluate and monitor the interview and selection process of each County department to ensure that the Plan is adhered to and no person is denied employment or promotional opportunities because of their race, color, religion, sex, sexual orientation, gender identity, national origin, disability, height, weight, marital status, age, or political affiliation (except where age, sex, or lack of disability constitutes a bona fide occupational qualification).
The Board of Commissioners recognize that by law, County elected officials may choose to use an alternate process for their confidential administrative staff. Example, chief deputies.
A. Recruitment
All advertisements for open positions will identify the County as an Equal Opportunity Employer. The County will implement a program of intensive recruitment of qualified protected group members, e.g., minority, women, and individuals with disabilities. Internal dissemination of the Plan in meetings with Department Heads and the Human Resources Department representative shall also be made on a semi-annual basis. At these meetings, Department Heads shall be advised of the Plan and their responsibilities under it.
A bi-weekly listing of open positions is transmitted to agencies specializing in the recruitment of protected group members. The job listing shall be displayed in County buildings and offices. Additionally, the posting is sent to local United States Post Offices, state unemployment offices in Lansing, and the Placement Offices of Michigan State University, Lansing Community College and other local agencies such as community and ethnic organizations and federal or state-funded employment and training programs. The County will also list all openings on the County's Internet site, Intranet site, and phone job hotline (information on current job openings will be made available 24-hours a day via a telephone recording known as the "Ingham County Jobs Hotline" (currently 517-887-4329)). Notices of openings may be placed in local newspapers including local foreign language publications, and out-of-town newspapers when positions may be difficult to fill.
At least annually a Human Resources Representative will contact and work with local educational institutions in an effort to encourage graduates to apply for open County positions.
Recruitment and interviews may be conducted at the offices of various agencies within the Community which provide facilities and programs for employment.
The County will continue and, whenever possible based on available resources allocated by the Board of Commissioners for such purposes, expand the practices of student internships and work-study programs that may encourage students to consider County government employment.
B. Job Openings
The Human Resources Department will be informed of any job openings through the use of a Personnel Action Request and Job Requisition form completed by a Department Head.
The Human Resources Department will post the current job opening in the Ingham County Job Opportunity Bulletin, as well as other venues. Each position will be posted for two week, unless insufficient applications are received, at which time the job posting can remain active at the discretion of the Human Resources Department.
C. Application Process
All applicants will apply for County positions through the Human Resources Department. The Human Resources Department will make the appropriate effort to accommodate all applicants in regard to any special needs the applicant may have. Applications are available in the Human Resources Office or by request through the U.S. Mail. Applications are also available "on line" at the County's Internet site (www.ingham.org) in a real time mode, or a printable format using Adobe Acrobat reader.
D. Interviews and Hiring
Based on all applications received for any specific job vacancy, the Human Resources Department will arrange to interview the most qualified candidates. Interviews will be held by the Human Resources Department and referrals of a limited number of the most qualified candidates will be made to the appropriate department for final selection, via a form which will remind the Department Head of the Plan and the department's employment statistics by federal job categories.
The Department Head (or their representative(s)) receiving these referrals, will interview all applicants referred by the Human Resources Department and select the most qualified person for the position. The department will then advise the Human Resources Department of the selection and promptly submit a Personnel Action Request form.
Department Heads and elected officials are highly encouraged to use interview panels which reflect the diversity of the County=s population.
In the event that the County Services Committee deems it necessary, it shall appoint a Human Resources staff person to sit in on job interviews with Department Heads to ensure that the basis of hiring does not include any factors of unlawful discrimination and/or to ensure consistency in the application process and compliance with the Plan.
The Human Resources Department shall assist departments in achieving compliance with this EOE plan. The Human Resources Director is to report to the County Services Committee where there is concern regarding the efforts of departments to comply with this plan.
E. Unsuccessful Applicants
An applicant not hired into the position for which she/he has applied shall be considered an unsuccessful applicant. Only applicants that are referred by the Human Resources Department and interviewed but not hired by the hiring department will be notified of the hiring department's decision.
Applications of unsuccessful applicants will be placed in the active application file for a period of 1 year. During this year, the applicant may be considered for any other position that they feel they are qualified for by simply submitting a cover letter for a designated position if the Human Resources Department receives the same by the end of the business day Friday of the deadline week.
At the end of the 1st year for an application and at the start of the 2nd year, all applications are placed into an inactive status and removed to a separate storage area where they will be held for a period of 1 additional year. During this second year, an application may be reactivated, although a new application would be required to be completed and attached to any existing applications for the applicant. After this second full year of the application and on a yearly basis all applications 2(+) years of age shall be shredded for security and confidentiality reasons and then properly recycled.
For purposes of recruitment only and in specific instances where normal advertisement, Jobs Hotline and Job Vacancy Bulletin Posting do not adequately draw a reasonable number of applications, applicants from previous related positions with similar job classifications may be notified through use of a database system.
The use of this database would be to notify all applicants from the previous related position(s) applied for that there is a similar opening. It would then be the applicant's responsibility to notify the Employment Office through the use of a cover letter or a new application (when necessary) that they wish to be considered for the existing vacancy. Upon receipt of their request they would again be considered along with all other applicants for the existing vacancy and thus, the process would repeat itself again.
F. Promotions
All open County employment vacancies will be listed in the Ingham County Jobs Opportunity Bulletin. Current employees who apply shall be screened and may be interviewed. The procedure of referring the best candidates shall be consistently followed. Department Heads are encouraged to communicate to the Human Resources Department current employees whom they feel would qualify for open positions. Career ladder referrals are made in accordance with the appropriate collective bargaining agreement.
Among the positive factors to be considered in the promotion of supervisors and managers is their record at efforts in complying with this Equal Opportunity Employment Plan.
IV. HUMAN RESOURCES DEPARTMENT REPORTS
The Human Resources Department will compile the demographic characteristics of the County's population as a whole, the County's internal applicant flow, and the current department demographic representations, to compare the relative proportion of the protected classes in the County's employee base to the County's population as a whole. These reports will be reviewed for indications of discrimination or barriers to the employment opportunities of individuals covered under the Plan. The County population demographics will be determined using the most current U.S. Census data.
Data interpretation that does not appear discriminatory in intent, but which may have a discriminatory effect, are also subject to review. There is, however, a limit to the responsibility of the Human Resources Department. It is paramount to discover and document the basis for any perceived discrimination and justify any action taken based on the perception. The responsibility of showing that there is no actual discrimination, rests within that department. Therefore, documentation is essential.
V. EMPLOYMENT PRACTICES
A. Development and Training
The County may provide opportunities for training to current employees by continuing its policy of reimbursing the cost of tuition and related expenses for employees who pursue further education and training related to their current or advanced County employment on their own time as budget resources allow. The County may also allow and encourage its employees to participate in seminars, workshops and the like at County expense and time, based on budgeted resources and the work load demands of the office.
B. Inservice Training
The Human Resources Department will conduct periodic inservice training consisting of employment practices and issues for Department Heads, manager, supervisors, and elected officials. The County Services Committee and EOC shall assist and give input to the Human Resources Department in developing appropriate in-service training.
C. New Employee Orientation
During the first week of their employment, all new employees must attend an orientation session at the Human Resources Department office, which will include, among other things, receiving a copy of the Plan.
D. Compensation
All County positions have salary ranges established by the Human Resources Department and approved by the Board of Commissioners. These salary ranges are on file at the Human Resources Department office. Persons hired begin at the starting salary as determined by the appropriate collective bargaining agreement in affect for the new hire.
Since 1973 positions within the County are classified according to systems adopted by various collective bargaining units and approved by the Board of Commissioners.
VI. ENFORCEMENT OF THE PLAN
A. Filing a Complaint
1. Applicants
If an applicant for employment believes that he/she has not been treated fairly, or been discriminated against in any way, in the hiring process by any segment of Ingham County Government, he/she has the right to contact the Human Resources Department or the EOC about such treatment. Any such complaints must be in writing and signed by the claimant. The complaint must contain at least a current telephone number and/or address that will allow the Human Resources Department or the EOC to contact the claimant. Any complaints received by the EOC will be referred to the Human Resources Department for review and investigation. The Human Resources Department will report to the EOC the status of any complaints. Complaints brought directly to the Human Resources Director will be reported to the EOC. Any complaints against the Human Resources Director will be referred to the County Controller. The County Controller will also keep the EOC informed of the status of any complaints handled by that department.
Please note that the Plan does not preclude any other legal rights available to any claimant.
2. Current Employees
All County collective bargaining agreements prohibit discrimination and have appropriate grievance procedures to process a complaint. However, every County employee can also avail himself or herself of the complaint procedure outlined hereunder.
Please note that the Plan does not abrogate any other legal rights available to any claimant.
B. Complaint Procedural Steps
A representative of the Human Resources Department will contact the claimant as soon as reasonably possible after receipt of the complaint to ascertain and establish the facts of
the complaint. All such contact between the Human Resources Department will be kept
as confidential as possible for as long as practicable. All investigations will be made in a timely manner.
The representative of the Human Resources Department will submit a report to the EOC.
C. Corrective Action
Where there are demonstrated concerns regarding compliance with this plan, the Board of Commissioners may, through the County Services Committee or the Human Resources Department, where appropriate and as provided by law, take the following action or actions including but not limited to:
1. Direct the appropriate Department Head, manager, and/or employee(s) to address the facts of the complaint in person at a County Services Committee meeting.
2. Impose or extend a hiring delay.
3. Require the Human Resources Department to participate in the final interview and hiring process of the employment vacancy complained of. Additionally, the County Services Committee may designate one of its members or authorize an EOC member to be present.
4. Have
final approval of the hiring decision.
5. Discipline those Department Heads, managers, and/or employees who violate state, federal, or local discrimination laws or ordinances. Such discipline, where appropriate, may include termination of employment.
D. Reprisal or Retaliation
The County will not permit or tolerate any form of reprisal or retaliation against a County employee or applicant reporting any legitimate incident prohibited by this policy. Any County employee doing so will be subject to corrective action, up to and including, termination, as determined by the Employer in accordance with the appropriate collective bargaining agreement, if any.
VII. SEXUAL HARASSMENT
A. The County regards sexual harassment as a very serious matter and prohibits it in the workplace by any person and in any form. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when any of these three criteria are met:
1. Submission to such conduct is made, either explicitly or implicitly, a term or condition of the individual's employment.
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual.
3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment.
B. The following are examples of prohibited unwanted conduct. This list is only for illustrative purposes, and is not intended to be a complete list of prohibited conduct.
$ Demanding sexual favors in exchange for favorable hiring, reviews, assignments, promotions, continued employment or promises of the same.
$ Continued or repeated sexual jokes, language, epithets, flirtation, advances, innuendo, or propositions.
$ Verbal communication of a sexual nature.
$ Graphic verbal commentary about an individual's body, sexual prowess, or sexual deficiencies.
$ Sexually degrading or vulgar words to describe an individual.
$ Leering, whistling, touching, pinching, brushing the body, assault, coerced sexual acts or suggestive, insulting, or obscene comments or gestures.
$ The display in the workplace of sexually suggestive objects, pictures, graffiti, posters, or cartoons.
$ Name calling, relating stories, gossip, comments, or jokes that may be derogatory toward a particular sex, sexual orientation, or gender identity.
$ Retaliation against associates for complaining about such behaviors.
$ Asking questions about sexual conduct, sexual orientation, or gender identity.
C. Sexual Harassment Away From Work
The prohibition of sexual harassment is not limited to unwanted conduct in the workplace and may include conduct outside the work environment.
D. Reporting Sexual Harassment
(1) Any County employee who believes he or she has been subjected to sexual harassment shall report the alleged misconduct as soon as possible to their Department Head who shall immediately investigate same and try to resolve the complaint. The Department Head shall notify the Human Resources Director or his/her designee of the complaint. If the matter is not resolved by the Department Head, the following process, (2), shall be utilized. However, if the complaint is against the Department Head, the below process shall be used.
(2) Any County employee or applicant for County employment who believes he or she has been subjected to sexual harassment should report the alleged misconduct as soon as practicable to the Ingham County Human Resources Department, the Human Resources Director (hereinafter referred to as the "Director"), or his or her designee, if not resolved by the Department Head. Any complaints against the Human Resources Director will be referred to the County Controller. Although the complaint does not have to be in writing initially, the Human Resources Department may require that the facts of the complaint be memorialized in writing and signed by the claimant. Any such complaint provided to anyone associated with the Human Resources Department will be provided as soon as practicable to the Director or his or her designee. The claimant must provide at least a current telephone number and/or address that will allow the Director or his or her designee to contact the claimant.
This sexual harassment policy shall only apply to those complaints of sexual harassment against a currently-employed County employee at the time of the complaint. The same procedure will be used for complaints against all employees, regardless of an employee's status as a Department Head or a supervisor.
If a current County employee or applicant for County employment is unsure of the nature of the alleged harassment, they should contact the Human Resources Department.
E. Investigation of Sexual Harassment Complaints by the Human Resources Director or his/her designee.
Any complaint will be discreetly investigated as promptly as is practicable. The Director or his/her designee, may request to discuss the facts of the complaint with the respondent party, any other County employee, or any others that may have relevant information about the complaint. The process of any such interview will be left strictly to the discretion of the Director.
Upon completion of the investigation by the Director, the findings will be provided to the appropriate party to take appropriate action, which could include, but is not limited to, counseling, reprimand, suspension, or dismissal of the County employee engaging in such conduct, made in accordance with the appropriate collective bargaining agreement or employment plan. The appropriate party is based on the following criteria:
· if the complaint was against a County employee, then the finding will
be provided to the employee's Department Head and/or the Human
Resources Director, where applicable;
$ If the complaint was against a Department Head reporting directly to the County Controller, then the findings will be provided to the County Controller;
$ If the complaint was against a Department Head appointed by the Board of Commissioners, the findings will be provided to the County Services Committee.
$ If the complaint was against an elected official, the findings will be provided to the County Services Committee, who will respond in whatever manner it determines appropriate.
F. Reprisal or Retaliation
The County will not permit or tolerate any form of reprisal or retaliation against a County employee or applicant reporting any legitimate incident prohibited by this policy. Any County employee doing so will be subject to corrective action, up to and including, termination, as determined by the Employer in accordance with the appropriate collective bargaining agreement, if any.
G. Non-employment Related Sexual Harassment
This prohibition of sexual harassment applies to any County employee against anyone the County serves in its various capacities as the government of Ingham County.
H. Confidentiality
Any complaints filed, including all information and documents pertaining to the complaint, shall remain confidential as long as practicable.
VIII. PURCHASING AND CONTRACTING
It is the policy of the County that all vendors who provide goods and services to the County will, as a condition or providing such goods and services, adhere to all Federal, State, and Local laws, ordinances, rules, regulations, and policies, if applicable, prohibiting discrimination in regard to persons to be served and employees and applicants for employment by such vendor. These laws, ordinances, rules, regulations, and policies include, but are not limited to, the following:
$ The Elliot-Larsen Civil Rights Act, 1976 PA 453, as amended.
$ The Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended.
$ Section 504 of the Federal Rehabilitation Act of 1973, PL 93-112, 87 Stat 355, as amended, and rules adopted thereunder.
$ The Americans with Disabilities Act of 1990, PL 101-336, 104 Stat 327 (42 USCA '12101 et seq.), as amended, and regulations promulgated thereunder.
$ Title 7 of the Civil Rights Act of 1964.
Furthermore, all vendors will, as a condition of providing goods and services, as required by law and/or this Plan, not discriminate against persons to be served or an employee or applicant of any such vendor with respect to hire, tenure, terms, conditions or privilege of employment, or a matter directly or indirectly related to employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, height, weight, marital status, age or political affiliation (except where age, sex or lack of disability constitutes a bona fide occupational qualification).
Please see the attached for the latest Board resolution dealing with Purchasing and Contracting dated December 10, 2002 which may be amended from time to time.
ADOPTED - DECEMBER 10, 2002
Agenda Item No. 11
Introduced by the Administrative Services/Personnel and Finance Committees of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION REQUIRING COUNTY VENDORS TO CONFORM TO THE INGHAM COUNTY EQUAL OPPORTUNITY EMPLOYMENT/NONDISCRIMINATION POLICY
RESOLUTION #02-283
WHEREAS, the Board of Commissioners believes that it is in the best interest of the people of Ingham County that vendors providing goods and services to Ingham County government conform to Ingham County=s Equal Opportunity Employment/Nondiscrimination Policy; and
WHEREAS, the Board of Commissioners wishes to assure that vendors are aware of this policy; and
WHEREAS, the Board of Commissioners wishes to monitor compliance and to provide for sanctions or penalties in the event of non-compliance; and
WHEREAS, Resolutions #78-170 and #81-35 have served as the County=s policy regarding the requirement that County vendors conform to Ingham County=s Equal Opportunity Employment/Nondiscrimination Policy; and
WHEREAS, the Ingham County Board of Commissioners desires to consolidate and update this policy.
THEREFORE BE IT RESOLVED, that for the purposes of this policy, the following terms and phrases are defined as follows:
1. ABoard@ or ABoard of Commissioners@ means the Ingham County Board of Commissioners.
2 AContract@ means a purchase order or written agreement.
3. ADesignee@ means a County employee or other agent designated by the County Controller to act in his/her behalf.@
4. ADesignated Agent@ means any officer, employee, commission, department, agency, or organization authorized or directed to conduct an investigation to determine if a violation of this policy has occurred.
5. AIngham County government@ means the commissions, offices, agencies, and departments of Ingham County government; to the courts funded by Ingham County; and to any other entity where the Board of Commissioners provides funds for goods and services.
6. AVendor@ includes individuals, proprietorships, partnerships, corporations, trusts, associations, joint ventures, and other legal entities, either incorporated or unincorporated, however operating or named, and whether acting by themselves or by a servant, agent or fiduciary, and includes all legal representatives, heirs, successors and assigns thereof, who desire to contract with or who does contract with the County to provide goods and services for compensation including subcontractors of the vendor, but excluding County employees.
BE IT FURTHER RESOLVED, that it is the policy of the Board of Commissioners that all vendors who provide goods and services to Ingham County government by contract, shall, as a condition of providing goods and services, adhere to all Federal, State and local laws, ordinances, rules and regulations, and policies, if applicable, prohibiting discrimination in regard to persons to be served and employees and applicants for employment including, but not limited to, the following:
a. The Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended.
b. The Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended.
c. Section 504 of the Federal Rehabilitation Act of 1973, PL 93-112, 87 Stat 355, as amended, and rules adopted thereunder.
d. The Americans with Disabilities Act of 1990, PL 101-336, 104 Stat 327 (42 USCA ' 12101 et seq.), as amended, and regulations promulgated thereunder.
BE IT FURTHER RESOLVED, that it is the policy of the Board of Commissioners that all vendors shall, as a condition of providing goods and services, as required by law and/or the County=s Equal Opportunity Employment/Nondiscrimination Policy, not discriminate against persons to be served or an employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, sexual orientation, disability that is unrelated to the individual=s ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation.
BE IT FURTHER RESOLVED, that vendors registering to provide goods and services to Ingham County under contract shall certify to their knowledge of the County=s policy, and of their agreement to comply, and shall disclose any conclusive findings of violations of federal, state, or local equal opportunity statutes, ordinances, rules/regulations, or policies within the past three (3) years.
BE IT FURTHER RESOLVED, that notice of the requirements of this policy shall be included in all formal Requests for Proposals or Bids issued by Ingham County for goods and services, that for statistical purposes only County vendors responding to formal requests for proposals or bids should provide statistical information regarding their workforce diversity, and the vendors shall certify their knowledge of the County=s policy and disclose any conclusive findings of violations of federal, state, or local equal opportunity statutes, ordinances, rules/regulations, or policies within the past three (3) years.
BE IT FURTHER RESOLVED, that all purchase orders issued for goods and services shall contain notice of the requirements of this policy, and shall state that acceptance of the purchase order by the vendor shall constitute agreement to comply with the policy.
BE IT FURTHER RESOLVED, that all contracts entered into for goods and services shall contain the requirements of this policy.
BE IT FURTHER RESOLVED, that Ingham County shall request current vendors and those who wish to be included in the County=s vendors list on a voluntary basis to indicate if they are more than 50% minority, women, handicapper or veteran owned. The minority classification shall be those of the 2000 U.S. Census of Population; Black, Hispanic, Native American or Asian Pacific Islander.
BE IT FURTHER RESOLVED, that where there has been a conclusive finding that a vendor has violated federal, state or local equal opportunity statutes, ordinances, rules/regulations, or policies, that vendor shall be barred from providing goods and services to Ingham County for five (5) years from the date that a determination of the violation has been made in accordance with applicable statutes, ordinances, rules/regulations, or policies or from the date that such determination becomes known, unless a specific exemption is granted by the Board of Commissioners.
BE IT FURTHER RESOLVED, that violation of federal, state, or local equal opportunity statutes, ordinances, rules/regulations, or policies during the course of time during which the vendor is providing goods or services to the County shall be regarded as a material breach of any contract between the County and the vendor, and the County may terminate such contract effective as of the date of delivery of written notification to the vendor.
BE IT FURTHER RESOLVED, that any employee of a vendor providing goods and services by contract to the County, or any employee of a subcontractor of a vendor providing goods and services to the County by contract, or any bona fide organization representing such employees may file a written complaint with the Board or its designated agent, if any, challenging the compliance by a vendor with the terms of this policy, the Board or its designated agent shall then conduct an investigation to determine whether the policy has been violated.
BE IT FURTHER RESOLVED, that a vendor found to have retaliated in violation of a federal or state law against an employee for filing a claim of violation of federal, state, or local equal opportunity statutes, ordinances, rules/regulations, or policies shall be ineligible to provide any goods or services to Ingham County government for a period of five (5) years from the date of such finding.
BE IT FURTHER RESOLVED, that the provisions of this policy shall apply to any goods and services obtained by any County agency by contract where the Board of Commissioners provides funds for such goods and services.
BE IT FURTHER RESOLVED, that the Board of Commissioners encourages all other agencies of the County to adopt this or a similar policy for all goods and services purchased by contract.
BE IT FURTHER RESOLVED, that the County Controller or designee, or designated agent, shall be responsible for monitoring implementation of and compliance with the provisions of this policy where the goods and services are provided through the authorization of the Board of Commissioners.
BE IT FURTHER RESOLVED, that where another specific agency of the County is designated as responsible for obtaining goods and services, that agency shall be responsible for monitoring implementation of and compliance with the provisions of this policy.
BE IT FURTHER RESOLVED, in the event that certain goods and services must be purchased in order to allow the ongoing operation of Ingham County government, but the agreement to comply with the County=s policy cannot be obtained in a timely manner, then the County Controller or designee, or other designated agent, is authorized to proceed with the necessary purchase; provided however, that if agreement to comply with the policy is not forthcoming within a reasonable time, then additional goods and services shall not be obtained, and the vendor shall be prohibited from providing goods and services to Ingham County, for five (5) years unless specific authorization is given by the Board of Commissioners.
BE IT FURTHER RESOLVED, that no less than annually, the County Controller or designee shall provide the appropriate committee of the Board of Commissioners and the Equal Opportunity Committee the status of compliance by vendors with this policy and recommendations of amendments to this policy.
BE IT FURTHER RESOLVED, that Resolutions #78-170 and #81-35, or the provisions of other resolutions which are inconsistent with this policy, are hereby rescinded.
BE IT FURTHER RESOLVED, that Resolution #91-187 adopting the County of Ingham Equal Opportunity Employment Plan be amended to replace the section entitled RE: PURCHASING AND CONTRACTING POLICY, page 9, with this policy.
ADMINISTRATIVE SERVICES/PERSONNEL: Yeas: Swope, Lynch, De Leon, Celentino
Nays: None Absent: Severino Approved 11/19/02
FINANCE: Yeas: Stid, Krause, Swope, Hertel
Nays: Schafer Absent: Grebner, Minter Approved 11/20/02