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Home My WebLink AboutR-93-65 RESOLUTION NO. R-93-65 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN A CONCILIATION RGREEMENT WITH THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC); PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian has reviewed the proposed Conciliation Agreement between the city of Sebastian and the EEOC pertaining to the allegation of age discrimination; and WHEREAS, the Conciliation Agreement specifically states that signing the agreement does not constitute an admission, by the City of Sebastian, of a violation of the age discrimination in employment act of 1967; and WHEREAS, the Conciliation Agreement does not require the payment of any funds in connection with this Conciliation Agreement; and WHEREAS, the City Council acknowledges that entering this Conciliation Agreement is in the best interest of the City of Sebastian. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. The City Council of the City of Sebastian hereby authorizes the Mayor and City Clerk to execute, on behalf of the city, that specific Conciliation Agreement between the City of Sebastian and the EEOC, (reference EEOC case number 150-92-0980) and attached hereto as Exhibit "A". The City Council of the City of Sebastian further authorizes the city Manager to take all necessary steps for the city to comply with the terms of said Conciliation Agreement after said agreement is signed and approved by the EEOC. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision, it shall further be assumed that the city Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council- member ~~~, The motion was seconded by Councilmember _~~ and, upon being put into a vote, the vote was as follows: Mayor Lonnie R. Powell ~f~ Vice-Mayor Frank Oberbeck ~ Councilmember Carolyn Corum Councilmember Norma J. Damp ~_ ...... Councilmember Robert Freeland ~ The Mayor thereupon declared this Resolution duly passed and adopted this ~q~ day of , 1993 . :~Y O~ S~ASTIAN .~ ...... ~ ATT ST: -' Kathr~ M. O'Halioran CMC/A~E, city Clerk (Seal)/ Approved ~~rm and Content: Charles I~n Nash, city Attorney U.S. EQUAL EMPLOYMENT OPPORTUNiI-W COMMISSION Miami District Office i Northe_~t First Street, 6th Floor Miami, FL 33132-2491 pllr: (305) 536-4491 TDD: 005) 536,.5721 FAX: (305) 536-4011 CONCILIATION AGREEMENT In the Matter of: Charge No: 150-92-0980 U.S. Equal Employment Opportunity Commission and city of sebastian, Florida * * * * * * * * * * * * An investigation having been made under the Age Discrimination in Employment Act of 1967 (ADEA), as amended by the U.S. Equal Employment Opportunity Commission (EEOC), and reasonable cause having been found, the parties do resolve and conciliate this matter as follows: EXHIBIT "A" I. General Provisions Respondent agrees that the Commission, on request of any Charging Party or on its own motion, may review compliance with this Agreement. As a part of such review the Commission may require written reports concerning compliance, mayinspect the premises, examine witnesses, and examine and copy documents. it ~s understood that this Agreement does not constitute an admission by the Respondent of any violation of- the Age Discrimination in Employment Act of 1967, as amended. EEOC agrees not to use the herein-referenced charge as the jurisdictional basis for filing a lawsuit against the Respondent. However, nothing in this Agreement shall be construed to preclude EEOC and/or any aggrieved individual(s) from bringing suit to enforce this Agreement in the event that the Respondent fails to perform the promises and representations contained herein. Neither does it preclude any current, former, or prospective employees; nor the Commission, from filing charges in the future. The commission shall determine whether the Respondent has complied with the terms of this Agreement. EEOC reserves all rights to proceed with respect to matters like and related to these matters but not covered in this Agreement and to secure relief on behalf of aggrieved p~rsons not covered by the terms of this Agreement. The parties to this Agreement expressly agree that the person claiming to be aggrieved has not approved or signed this Agreement; that specific relief for the person claiming to be aggrieved is not provided for by the terms of this Agreement; and that all rights and protection afforded by the Age Discrimination in Employment Act of 1967, as amended, are reserved by the person claiming to be aggrieved. Ail hiring, promotion practices, and other terms and conditions of employment shall be maintained and conducted in a manner which does not discriminate on the basis of age in violation of the Age Discrimination in Employment Act of 1967, as amended. Respondent agrees that there shall be no discrimination or retaliation of any kind against any person because of opposition to any practices declared unlawful or opposition to any practices perceived as discrimination, under the Age Discrimination in Employment Act of 1967, as amended, or because of the filing of a charge; giving of testimony or assistance; or participation in any manner in any investigation, proceeding or hearing under the Age Discrimination in Employment Act of 1967, as amended. Respondent agrees to instruct all employees responsible for making employment decisions that it is against Federal Law to retaliate against any individual for opposing any practices declared unlawful under the Age Discrimination in Employment Act of 1967, as amended, or because of the filing of a charge; giving of testimony or assistance; or participation in any manner in any investigation, proceeding or hearing under the Age Discrimination in Employment Act of 1967, as amended. Respondent agrees any employment discrimination charges filed with the Equal Employment Opportunity Commission will be discussed in an open forum only to the extent permitted by the Florida Sunshine Act. 10. Respondent's employees may report complaints of pe~cieved unlawful discrimination to the Personnel Director in an atmosphere free of harassment and/or intimidation. 11. Respondent agrees not to publicly criticize any current or former employees for having protested what was perceived to be an unlawful employment practice. 12. Respondent agrees to retain the records and to provide written reports under Section II of this Agreement (Reporting). Reports will be furnished to the Office of the Commission which has signified final approval of this Agreement. 13. This Agreement shall remain in effect for eighteen months from the date of its execution by all parties. II. Reporting Respondent agrees to designate its Personnel Director as a compliance officer who will receive complaints of perceived unlawful discrimination and/or retaliation from its employees, and provide a written report to the Commission every six months, for eighteen months. The report will include an outline of all complaints filed, name of complainant, position held, date of complaint, nature of complaint, name' of supervisor and corrective action taken. III. Notice Posting Respondent agrees to post the attached Notice (Attachment A) and to insure that the Notice is posted in locations readily accessible to employees, e.g. employee bulletin boards, lounges,- work sites, etc., for the full duration of this Agreement. IV. signatures I have read the foregoing Conciliation Agreement and I accept and agree to ;the 'provisions contained t~.%rein: Date Respondent AT T: KathrYrgTM.-O'H~lloran, City Clerk Date FEDERiCO COSTALES District Director U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Nlianli District Office ~ Northeast First S~rcct, 6th Floor Miami, FL 33132-2491 ?11: (305) 5364491 TDD: (305) 556-5721 FAX: (305) 536~0t I NOTICE TO EMPLOYEES 1. This notice is being posted pursuant to a Conciliation Agreement entered into with the United States Equal Employment Opportunity Commission. 2. Federal Law requires that there be no discrimination in the employment setting, against any employee or applicant for employment because of the individual's race, color, religion, sex, nationa/'origin, age, 40 and over, or disability, with respect to hiring, promotion, firing, compensation, or other terms, conditions or privileges of employment. 3. The City of Sebastian, Florida, supports and will comply with such Federal Law in all respects and will not take any retaliatory action against employees because they have exercised their rights under the Age Discrimination in Employment Act of 1967, (ADEA), as amended, or because of the filing of a charge, the giving'of testimony or assistance, or the participation in any manner in any investigation, proceeding or hearing under the ADEA. 4. The city of sebastian, Florida, has instructed all employees responsible for making employment decisions ,that it is against "Federal Law to deny employment to any individual within the age group protected by the Age Discrimination in Employment Act of 1967, as amended, (ADEA), when the motivation for such action is the employee's age; and it is against Federal Law to retaliate against any individual for protesting a violation of, or taking action to protect or enforce their rights under the ADEA. 5. The City of Sebastian, Florida will discuss employment discrimination charges in an open forum only to the extent required by the Florida Sunshine Act. 6. This notice will remain posted through September 30, ,1994, by agreement with the Equal Employment Op~o~nity CommissiOn. . Date '~ci~t~ of~Seba~~o~id~ ATTEST: --- . / HMEN~'~ Katffryn M. 0'Halloran City Clerk