House Bill hb0711

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    Florida House of Representatives - 2002                 HB 711

        By Representatives Jennings and Kendrick






  1                      A bill to be entitled

  2         An act relating to the City of Gainesville;

  3         amending chapter 90-394, Laws of Florida;

  4         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; making the charter officers

11         responsible for implementing the equal

12         opportunity and human relations ordinances and

13         programs in their respective departments;

14         providing for application to persons covered

15         under collective bargaining agreements;

16         providing an effective date.

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18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  Section 3.05 of Article III of the charter

21  of the City of Gainesville, as created by chapter 90-394, Laws

22  of Florida, is amended to read:

23         3.05  City internal auditor.--

24         (1)  The commission may appoint a city internal auditor

25  who shall serve at the will of the commission.  The city

26  internal auditor shall:

27         (a)  Shall perform financial and compliance audits.

28         (b)  Shall assist the commission in all it

29  accountability functions.

30         (c)  Shall perform compliance audits on the

31  implementation of the city's human relations and equal

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    Florida House of Representatives - 2002                 HB 711

    770-116-02






  1  opportunity ordinances, policies, and programs pertaining to

  2  the activities of the city within all departments of the city

  3  in accordance with schedules prescribed by the commission.

  4         (d)  Shall perform all other duties assigned by the

  5  commission.

  6         (2)  All financial and compliance audits and other

  7  reports of the city internal auditor shall be filed in the

  8  office of the clerk of the commission.

  9         Section 2.  Section 3.08 is added to Article III of the

10  charter of the City of Gainesville, as created by chapter

11  90-394, Laws of Florida, to read:

12         3.08  Equal opportunity director.--The commission shall

13  appoint an equal opportunity director who shall serve at the

14  will of the city commission. The equal opportunity director:

15         (1)  Shall investigate complaints of discrimination,

16  harassment, retaliation, and other related matters, and

17  propose remedial action, as prescribed by the city's human

18  relations and equal opportunity ordinances. No city employee

19  shall suffer retaliation for filing a complaint or testifying,

20  assisting, or participating in any investigation under these

21  ordinances, and such complaints shall be held confidential to

22  the extent allowed by federal and state law.

23         (2)  Shall make reports, including an annual report, to

24  the charter officers and the commission, as appropriate, as to

25  the activities of the year and the need, if any, to revise the

26  city's human relations and equal opportunity ordinances,

27  policies, and programs pertaining to, but not limited to,

28  equal opportunity, affirmative action, local minority business

29  and local small business enterprise procurement program, fair

30  housing, unlawful harassment, and accessibility to the city's

31  programs, services, and activities.

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    Florida House of Representatives - 2002                 HB 711

    770-116-02






  1         (3)  Shall propose policies for the implementation of

  2  comprehensive equal opportunity and diversity programs and

  3  adherence to equal opportunity laws, policies, procedures, and

  4  related matters.

  5         (4)  Shall develop, prepare, and monitor the city's

  6  affirmative action plan.

  7         (5)  Shall develop training, conduct workshops, and

  8  propose strategies and initiatives related to diversity and

  9  equal opportunity and related matters in employment,

10  purchasing, services, programs, and activities.

11         (6)  Shall review all proposed changes to current or

12  proposed new city employment policies, procedures, and

13  guidelines, job descriptions, and purchasing policies,

14  procedures, and guidelines for compliance with equal

15  opportunity laws, policies, procedures, and guidelines, and

16  related matters.

17         (7)  Shall monitor all hires, transfers, demotions,

18  promotions, and terminations for compliance with equal

19  opportunity laws, policies, procedures, guidelines, and

20  related matters.

21         (8)  Shall develop instruments to monitor adherence to

22  diversity and equal opportunity laws, policies, procedures,

23  guidelines, and related matters for city services, programs,

24  activities, employment, and purchasing.

25         (9)  Shall participate in the assessment and review of

26  the city's employment practices, including recruitment,

27  appointment, and promotion, as they pertain to all employees

28  and applicants at all levels of city employment.

29         (10)  Shall compile various equal opportunity reports

30  and related reports required of the city by state and federal

31  agencies or that are necessary for compliance purposes.

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    Florida House of Representatives - 2002                 HB 711

    770-116-02






  1         (11)  Shall perform all other functions as prescribed

  2  by ordinances or as otherwise directed by the commission.

  3         Section 3.  Section 5.07 is added to Article V of the

  4  charter of the City of Gainesville, as created by chapter

  5  90-394, Laws of Florida, to read:

  6         5.07  Equal opportunity; duties of charter

  7  officers.--The charter officers shall apply the city's human

  8  relations and equal opportunity ordinances and implement its

  9  human relations and equal opportunity programs within their

10  respective departments and shall coordinate the efforts of the

11  various departments to optimize the effectiveness of their

12  efforts. The charter officers shall, from time to time, make

13  individual and collective recommendations to the commission

14  pertaining to the effectiveness of the city's human relations

15  and equal opportunity ordinances and programs pertaining to

16  the activities of the city.

17         Section 4.  Nothing in this act shall abrogate the

18  provisions of any collective bargaining agreement or the

19  city's responsibility to negotiate terms and conditions of

20  employment.

21         Section 5.  This act shall take effect upon becoming a

22  law.

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