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HomeMy WebLinkAboutOrdinance 18025-03-2008Ordinance No. 18025-03-2008 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF UP TO $105,500 SUBJECT TO EXECUTION OF A CONTRACT WITH THE U.S. EQUAL OPPORTUNITY COMMISSION FOR THE PURPOSE OF FUNDING FAIR EMPLOYMENT OPPORTUNITY ACTIVITIES; PROVIDING FOR A SEVERABILITY CLAUSE: MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2007-2008 and in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants Fund in the amount of up to $105,500 subject to execution of a contract with the U.S. Equal Opportunity Commission for the purpose of funding the Community Relations Department's Fair Employment Opportunity Practice. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 17749 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FOR D LEGALITY: ssistant City Attorney ADOPTED AND EFFECTIVE: March 25, 2008 Ci#~ ®f 1~®~# V~/®h, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/25/2008 -Ord. No. # 18025-03-2008 DATE: Tuesday, March 25, 2008 LOG NAME: 07EEOC2007 SUBJECT: Authorize the Execution of a Contract with the U. Process Employment Discrimination Cases for Ordinance REFERENCE NO.: **C-22721 S. Equal Employment Opportunity Commission to Fiscal Year 2007-2008 and Adopt Appropriation RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a contract with the U.S. Equal Employment Opportunity Commission (EEOC) in an amount up to $105,500; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in an amount up to $105,500. DISCUSSION: In January 1977, the EEOC recognized the Community Relations Department (CRD) as a local deferral agency and a Fair Employment Practice Agency (FEPA) in accordance with Section 706 (c) of the U. S. Equal Employment Opportunity Act of 1972, Title VII of the Civil Rights Act of 1964, as amended. Pursuant to this section, the EEOC prior to asserting jurisdiction over employment discrimination charges, defers such charges for resolution to a local or state agency having authority to enforce a local or state fair employment law similar to Title VII, the Age Discrimination in Employment Act and the Americans with Disabilities Act. On November 9, 2007, the CRD, in accordance with EEOC guidelines, submitted a request to the EEOC for partial reimbursement of program expenditures as follows: a. $99,000 for resolution of 180 charges of alleged discrimination at a cast of $550 per case; b. $5,000 for deferral of 100 non-jurisdictional charges of discrimination at a cost of $50 per case; and c. $1,500 for partial reimbursement of expenses relating to mandatory training at an EEOC sponsored annual conference. On January 24, 2008, the CRD was notified by EEOC that the federal appropriation for the FEPA program is insufficient to reimburse the CRD for resolution of 180 charges. At this time, EEOC proposes to provide partial reimbursement for only 167 charges, regardless of the number of charges actually resolved by the CRD. If this occurs, the CRD will receive only $91,850 for resolution of charges of alleged discrimination, $5,000 for charge intake services and $1,500 for partial reimbursement of expenses relating to mandatory training for a total reimbursement of $98,350. Logname: 07EEOC2007 Page 1 of 2 The request for authorization to enter into a contract for the original full amount of $105,500 remains firm due to the possibility that full funding from EEOC may be restored prior to the end of the one year contract period that runs through September 30, 2008. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinance, funds will be available in the FY2007-08 operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/AccountlCenters GR76 451723 007216258000 $105,500.00 GR76 5(VARIOUS) 007216285010 $105,500.00 Submitted for C~ Manager's Office b~ Originating Department Head: Additional Information Contact: Carl Smart, Acting Assistant City Manager (6183) Vanessa Ruiz Boling (7534) Patrick Elfrink (7562) Logname: 07EEOC2007 Page 2 of 2