House Bill 1839
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Florida House of Representatives - 2000 HB 1839
By Representative Chestnut
1 A bill to be entitled
2 An act relating to the City of Gainesville;
3 amending chapter 90-394, Laws of Florida, as
4 amended; revising the charter of the City of
5 Gainesville; providing for additional duties of
6 the Internal Auditor; providing for creation of
7 the charter officer position entitled Equal
8 Opportunity Director to be appointed by the
9 city commission; providing powers and duties of
10 such officer; providing that the city shall not
11 discriminate on the basis of certain protected
12 characteristics and requiring the city
13 commission to adopt ordinances; making the
14 charter officers responsible for implementing
15 the equal opportunity and human relations
16 ordinances and programs in their respective
17 departments; providing for application to
18 persons covered under collective bargaining
19 agreements; providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Section 3.05 of Article III of the charter
24 of the City of Gainesville, as created by chapter 90-394, Laws
25 of Florida, as amended, is amended to read:
26 3.05 City internal auditor.--
27 (1) The commission may appoint a city internal auditor
28 who shall serve at the will of the commission. The city
29 internal auditor shall:
30 (a) Shall perform financial and compliance audits.
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1 (b) Shall assist the commission in all it
2 accountability functions.
3 (c) Shall perform compliance audits on the
4 implementation of the city's human relations and equal
5 opportunity ordinances, policies and programs pertaining to
6 the activities of the city within all departments of the city
7 in accordance with schedules prescribed by the commission.
8 (d)(c) Shall perform all other duties assigned by the
9 commission.
10 (2) All financial and compliance audits and other
11 reports of the city internal auditor shall be filed in the
12 office of the clerk of the commission.
13 Section 2. Section 3.08 is created and added to
14 Article III of the charter of the City of Gainesville, as
15 created by chapter 90-394, Laws of Florida, as amended, to
16 read:
17 3.08 Equal Opportunity Director.--The commission shall
18 appoint an equal opportunity director who shall serve at the
19 will of the city commission. The equal opportunity director:
20 (1) Shall investigate complaints of discrimination,
21 harassment, retaliation, and other related matters, and
22 propose remedial action, as prescribed by the city's human
23 relations and equal opportunity ordinances. No city employee
24 shall suffer retaliation for filing a complaint or testifying,
25 assisting, or participating in any investigation under these
26 ordinances, and such complaints will be held confidential to
27 the extent allowed by federal and state law.
28 (2) Shall make reports, including an annual report, to
29 the charter officers and the commission, as appropriate, as to
30 the activities of the year and the need, if any, to revise the
31 city's human relations and equal opportunity ordinances,
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1 policies, and programs pertaining to but not limited to equal
2 opportunity, affirmative action, local minority business and
3 local small business enterprise procurement program, fair
4 housing, unlawful harassment, and accessibility to the city's
5 programs, services, and activities.
6 (3) Shall propose policies for the implementation of
7 comprehensive equal opportunity and diversity programs and
8 adherence to equal opportunity laws, policies, procedures, and
9 related matters.
10 (4) Shall develop, prepare, and monitor the city's
11 affirmative action plan.
12 (5) Shall develop training, conduct workshops, and
13 propose strategies and initiatives related to diversity and
14 equal opportunity and related matters in employment,
15 purchasing, services, programs, and activities.
16 (6) Shall review all proposed changes to current or
17 proposed new city employment policies, procedures, and
18 guidelines, job descriptions and purchasing policies,
19 procedures and guidelines for compliance with equal
20 opportunity laws, policies, procedures, and guidelines and
21 related matters.
22 (7) Shall monitor all hires, transfers, demotions,
23 promotions, and terminations for compliance with equal
24 opportunity laws, policies, procedures, guidelines, and
25 related matters.
26 (8) Shall develop instruments to monitor adherence to
27 diversity and equal opportunity laws, policies, procedures,
28 guidelines, and related matters for city services, programs,
29 activities, employment, and purchasing.
30 (9) Shall participate in the assessment and review of
31 the city's employment practices, including recruitment,
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1 appointment, and promotion, as they pertain to all employees
2 and applicants at all levels of city employment.
3 (10) Shall compile various equal opportunity reports
4 and related reports required of the city by state and federal
5 agencies or that are necessary for compliance purposes.
6 (11) Shall perform all other functions as prescribed
7 by ordinances or as otherwise directed by the commission.
8 Section 3. Section 5.07 is created and added to the
9 charter of the City of Gainesville, as created by chapter
10 90-394, Laws of Florida, as amended, to read:
11 5.07 Equal Opportunity.--
12 (1) The city shall not deny any person any benefit,
13 service, employment, opportunity for service, contract, or any
14 incidents or emoluments thereto on the basis of race,
15 religion, color, gender, national origin, marital status,
16 disability, sexual orientation, or age. The commission shall
17 adopt human relations and equal opportunity ordinances to
18 implement this provision.
19 (2) The charter officers shall apply the city's human
20 relations and equal opportunity ordinances and implement its
21 human relations and equal opportunity programs within their
22 respective departments and shall coordinate the efforts of the
23 various departments to optimize the effectiveness of their
24 efforts. The charter officers shall from time to time make
25 individual and collective recommendations to the commission
26 pertaining to the effectiveness of the city's human relations
27 and equal opportunity ordinances and programs pertaining to
28 the activities of the city.
29 Section 4. Nothing in this act shall abrogate the
30 provisions of any collective bargaining agreement or the
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1 city's responsibility to negotiate terms and conditions of
2 employment.
3 Section 5. This act shall take effect upon becoming a
4 law.
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