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sr-052483-11bPE:SEM:p Council Meeting: May 24, 1983 To: Mayor and City Council FROM: City Staff Santa Monica, California ~~- :~ 0~~ .. MAY 2 4 1983 SUBJECT: Firefighter Affirmative Action Program Introduction This report requests Council approval in concept of a temporary voluntary affirmative action program designed to increase the number of women and minority group members in the Firefighter position classification, while efforts are made to institute a recruitment and testing program which will ensure long term progress toward a balanced workforce in the Fire service. Background The Santa Monica Fire Department currently has five Hispanics among their sworn personnel. There are no women, blacks or asians at the rank of Firefighter or above. This compares poorly to the representation of women and minorities in the Los Angeles /Long Beach labor market. While other area Fire Departments also lack female firefighters, minorities are represented in more significant numbers than in Santa Monica. The following chart illustrates the problem: 1 /~~ MAY 2 4 1983 LA/Long Beach LA Santa Labor Market City Pasadena Inglewood Monica Women 420 ~ ~ g g Blacks 11$ 7°s 16% 15°s H Hispanics 25°s 14a 12a 8°s 5°s Asians b°s 2$ l0 1$ 0 This employment pattern is not consistent with Council's commitment to affirmative action progress. In addition, it represents a significant liability to the City since a woman or minority group member could establish a prima facie case of discrimination based on the City's inability to approach labor market representation. rAhile affirmative action lawsuits have traditionally been filed against large cities, Pasadena, a City close to Santa Monica's size, has been successfully sued with sobering results. In addition to back pay and attorneys fees which will total in excess of two million dollars, that City will now operate under a court mandated hiring and promotion program that will waive civil service procedures if necessary to achieve a 59$ minority hiring rate until percentages acceptable to the Court are reached. In addition, the City has had to hired a temporary staff to contact past applicants and employees to provide them with the benefits of the court award. 2 Temporary Program Staff of the Fire Department, Personnel Department and City Attorney's Office have been working with the City Manager's Office for several months to develop a program that will begin to remedy the problem and reduce Santa Monica's exposure to litigation. The recommended program is soundly based on legal precedent for voluntary affirmative action programs. It is temporary in nature. By maximizing Fire Department involvement, it ensures that progress will be made with no sacrifice of quality in the hires. Under the temporary program, a small number of individuals will be recruited to form a trainee class of ten to fifteen individuals. The class make up will closely approximate the Los Angeles/Long Beach labor market percentages. Fire Department personnel will be the primary recruiting staff. Women and minorities will be recruited from the current list, community college athletic programs and personal references. The Fire Department, with assistance from Personnel, will conduct a rigorous but fair training program of twenty-three to thirty- five weeks. Trainees who will be hired as as-needed employees at the minimum wage, $3.35/hour for the first half of the course and $3.52/hour for the second 'Half of the course. Classes will be held three hours per evening on Thursday and Friday and eight hours on Saturday so that trainees can hold full time employment during the program. Individuals who are not proceeding satisfactorily will be replaced as long as it is possible for new trainees to catch up to 3 the original group. At the end of the training course, a final examination will be used to rank the trainees and create an eligibility list from which hires will be made. Subsequent classes will be scheduled to meet the recruiting needs of the Department. Long Term Change The temporary program is designed to make short-term progress over a period of two years. During that time staff will consult with experts in psychometrics, test design and validation to develop job related screening devices which do not have adverse impact on women and minorities. If those efforts are successful, the City can return to more standard recruitment and testing activities with assurance that progress toward a balanced workforce will continue. Fire Department Briefings A small group of Eire Department personnel have assisted in the design of the temporary program. Because Fire will play a lead role in that program and because the support of the entire Department is important to the program's success, the City Manager is meeting with each Fire company to present the program and answer questions and concerns. While it is clear that many Fire personnel would prefer to retain the traditional procedures, others recognize the desirability of retaining control of the hiring process and avoiding litigation that would turn that control over to the courts. 4 Financial Impact The City Council will be asked to appropriate funds for the program during adoption of the FY 83-84 budget in June. Preliminary cost estimates are as follows: Trainee S9ages/Class Trainee Equipment/Class Fire Dept Overtime/Class Recruitment/Testing Cost Expert Advice $25,000 7,000 4,000 3,000 58,000 - 111,000 The cost of expert advice on long term testing procedures will be incurred over two fiscal years and it is estimated that FY 83-84 costs will not exceed $115,000, assuming that two classes are scheduled during that period. Council Actions Required Staff requests that Council approve the above described program, To formally implement the program, Council must adopt a Resolution detailing the basis for establishing a voluntary affirmative action plan and should request that the City Attorney return a Resolution for adoption. Finally, Council must make appropriation of funds necessary for the program in adopting the budget on June 21. 5 Recommendation It is recommended that Council approve the voluntary affirmative action program for the Fire Department, direct staff to continue with planning for the program, direct the City Attorney to return with an appropriate Resolution for adoption and take action on funding for the program in the budget process. Prepared By: Susan E. McCarthy 6