HomeMy WebLinkAbout2001 03 14 Informational H Possible Violations Regarding In-House Job Posting
.
.
.
COMMISSION AGENDA
ITEM H
Consent
Informational X
Public Hearing
Regular
14
March j2, 2001
,
Meeting
~@
.
Mgr. 1 Dept.
Authorization
PURPOSE: The City Manager wishes to inform the Commission that research has been
conducted about the use of in-house job po stings as they relate to any possible violation of
federal law on discrimination, and to confirm that no violation exists.
CONSIDERA TIONS:
At the Commission meeting of February 26, 2001, Commissioner Martinez expressed
concerns that the city's practice of posting job vacancies in house to possibly affect
transfers or promotions from within was somehow discriminatory.
The Personnel Policies of the city, adopted by the Commission during the summer of
2000, specifically allow for this practice under Section 4, RECRUITMENT,
subsection 4.4.
Additionally, the Commissioner's concerns were referred to our labor attorney, Jeffrey
Mandel, who has confirmed that this practice is acceptable and legal.
A TT AcHMENTS:
Section 4, Personnel Policies
Letter dated March 2, 2001, from Attorney Jeffrey Mandel
e)
e)
e)
SECTION 4
SUBJECT: RECRUITMENT
4.1
Recruitment - General
The goal of the City of Winter Springs is to select the most qualified individual without
regard to race. color, religion, national origin, sex, marital status, age, citizenship,
disability. or any other basis prohibited by law. Employment decisions at the City of
Winter Springs will be based solely on merit, qualifications, and abilities.
The City treats all job candidates uniformly and gives consideration to internal promotion
and affirmative recruitment.
4.2 Approval of Recruitment
When a vacancy occurs, the Department Head shall notify the City Manager and obtain
approval to fill the position.
4.3 Vacancy Announcement
Upon approval of the City Manager, the General Services Director or designee shall
prepare a vacancy announcement outlining the nature and requirements of the position.
4.4 Sources of Applicants
All job vacancies below the level of Department Head shall be posted in-house for a
period of one week for promotional or transfer consideration.
Where an in-house appointment for the position does not occur, advertisements for the
position shall be placed in the media to attract as many qualified persons as is
economically feasible and prudent. Other sources of appiicants which may be used are:
· The Florida State Employment services;
· Active applications on file; and
· Organizations focused on reaching minorities, women and handicapped
individuals.
4.5 Recruitment Area
Individuals shall be recruited from a geographic area as wide as is necessary to obtain a
qualified pool of applicants.
4.6 Employment Services - Prohibition
The City shall not pay placement fees to employment services. or place orders with
commercial employment agencies without prior approval of the City Manager.
City of Winter Springs
Page 13
.
DAVID V. KORNREICH
MICHAEL W. CASEY, III
..JAMES C. CROSLAND
..JAMES S. BRAMNICK
GORDON D. ROGERS
CARMEN S. ..JOHNSON
..JEFFREY E. MANDEL
DENISE M. HEEKIN
PAUL T. RYDER, ..JR.
TERESA A. HERRMANN
BENTON N. WOOD
MELISSA B. MEDRANO
LAW OFFICES
MULLER, MINTZ, KORNREICH, CALDWELL,
CASEY, CROSLAND & BRAMNICK, P.A.
MARLENE OUINTANA MORALES
..JAMES D. STOKES
DAVID C. MILLER
..JENNA RINEHART RASSIF
SCOTT S. ALLEN
KEVIN ..J. MORRIS
DEBRA M. LUBKIN
STEVEN D. GRIMBERG
CHRISTI A. SHELTON
ROBYN E. LUSTGARTEN
SUSAN T. POWELL
..JENNIFER TAYLOR
ORLANDO OFFICE
SUITE 1525, CITRUS CENTER
255 SOUTH ORANGE AVENUE
ORLANDO, FLORIDA 32801- 3462
TELEPHONE (407) 843 - 1400
FACSIMILE (407) 843 - 1410
LESLIE MILLER TOMCZAK
..JENNIFER L. ANDERSON
BRADLEY S. PASKIEVITCH
BARI L. GOLDSTEIN
PATRICIA BANGO DIAZ
OF COUNSEL
KELLY CHEARY SULZBERGER
MIAMI OFFICE
SUITE 3600. FIRST UNION FINAN.CIAL CENTER
200 SOUTH BISCAYNE BOULEVARD
MIAMI, FLORIDA 33131-2338
MIAMI (305) 358-5500
BROWARO(954)522-0393
FACSIMILE (30S) 379- 3802
RAY C. MULLER (1924-1977)
HERBERT B. MINTZ (1924-1993)
..JOSEPH A. CALDWELL (1923 - 1996)
Please Reply to:
ORLANDO OFFICE
March 2, 2001
VIA FACSIMILE
Mr. Gene DeMarie
Director, General Services
City of Winter Springs
1126 East S.R. 434
Winter Springs, FL 32708
.
Re:
Dear Gene:
Promotion Preference for Internal Candidates
This is a response for your request for an opinion regarding whether the City's policy of providing
preference to internal candidates in the City's promotion process violates federal and/or state discrimination
laws. In responding to your inquiry, I have reviewed the policy at issue as well as case law interpreting the
federal and state discrimination laws. Based on this review, I conclude that it is not a violation of federal
and/or state discrimination law for the City to provide preference in promotion to internal candidates. In
this regard, giving preference in promotions to internal candidates is a common industry practice which
applies to candidates regardless of minority status. Obviously, if the City were discriminating in its hiring
practices, giving preference to internal'candidates in the promotion process would serve to perpetuate said
discrimination and would violate established law. However, I have been presented no evidence, and have
no reason to believe, that the City discriminates in its hiring practices.
If you have any questions regarding this or any other matters, please do not hesitate to contact me.
.
301700VEM1309nw
[Original sent via U.S. Mail]