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CITY OF SOUTH BEND I OFFICE OF THE CLERK <br /> conflict if they are a part of that too. So those kinds of issues would be listed by the EEOC <br /> downstate. Ms. DeRose had talked about that a few sessions ago and so that makes sense. I think <br /> this proposed ordinance more appropriately fits with the ordinances that relate to city offices and <br /> employees. <br /> Councilmember Davis continued, Subsection two (2), the ordinance clarifies the definition of <br /> employee to include all regular full-time and part-time employees. This is looked at. The officials <br /> who are separately compensated from the City and all appointed positions are encouraged to attend <br /> non-supervised training but are not required to do so.We had looked at it that even those appointed <br /> people, we looked at that and the City had requested they are encouraged but not required. And <br /> when I finish this we can have both attorneys share their thoughts regarding that and then of course <br /> have questions. Three (3), subsection three (3) clarifies a supervised employee as generally <br /> including any full or part time employee with authority to be hired, fired, demoted, promoted, <br /> transferred or disciplined. We want to make sure everybody understands that because that is a key <br /> thing. If any of your roles have hiring and firing power when it comes down to these kind of issues <br /> that is what we are talking about. Four (4) addresses the topics to be covered in the training. It is <br /> advised to eliminate possible redundancies. In this kind of topic, redundancies should not be an <br /> issue because it is so vast when it comes down to different elements of interactions of the job, <br /> outside of the job, social media and so many different things that can be covered as we look at the <br /> challenges and changes that continually go on as it relates to harassment issues. <br /> Councilmember Davis went on, Number five (5), subsection G, states the Department of Human <br /> Resources shall maintain a record of employee compliance with the training requirements and shall <br /> annually report the names of any City employee who fails to timely complete the training. They <br /> will have a list with them,they won't know who those are, so you can check from that standpoint. <br /> Number six (6), finally, we are changing the time requirement for new employees from sixty(60) <br /> days to six (6) months. That gives the employee adequate time to get everything done from that <br /> standpoint. And so, on those six points that are different from the original one (1) that has been <br /> submitted, I would like to give the floor to one (1) of the attorneys. <br /> Aladean DeRose, City Attorney with offices on the 12th floor of the County City Building, stated, <br /> I would like to commend the Council, particularly Councilmember Davis, for bringing this up. It <br /> coincides with a review that our Human Resources Department was already making.We have now <br /> expanded that and I think this shows the City's willingness and sensitivity to the issues that are <br /> facing our women, men and everyone in the workforce. It is an issue that is timely and important. <br /> The changes made were consistent with general employment practices and the difference between <br /> what the Human Rights Commission does as an agency. They primarily review claims of <br /> discrimination in the private sector. If an employee claims there is discrimination by the City, it <br /> often involves a question of whether or not the Human Rights Commission can be neutral. We <br /> believe it is always neutral and always objective but employees may not always have that same <br /> perception. Our general rule is to recommend those kinds of cases be transferred to the EEOC. Our <br /> recommendation was to change from the internal Human Rights Commission processing and <br /> supervision to Human Resources, which is where we resource all of our training for all City <br /> Employees. We work with the Commission to get best practices and ideas of what is occurring but <br /> our Human Resource Department does the actual planning sessions in consultation with the Human <br /> Rights Commission. The changes we made we think are consistent with the roles of the Council <br /> as a legislative body that recommends this to be done as well as the Administration that keeps <br /> track of who is doing the training. Those are the things that will monitor and take care of it. Kyra <br /> EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT <br /> 455 County-City Building 227W.Jefferson Bvld]South Bend,Indiana 46601 p574.235.9221lf574.235.9173;TTD574.235.55671www.southbendin.gov <br /> 2 <br />