2019 -- S 0254 SUBSTITUTE A

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LC000886/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF

ADMINISTRATION

     Introduced By: Senators Cano, Quezada, Metts, Euer, and Goodwin

     Date Introduced: February 13, 2019

     Referred To: Senate Commerce

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-11-2.7 of the General Laws in Chapter 42-11 entitled

"Department of Administration" is hereby amended to read as follows:

     42-11-2.7. Office of diversity, equity and opportunity established.

     (a) The office of diversity, equity and opportunity (ODEO) shall be established as a

division within the department of administration. The purpose of the office shall be to ensure non-

discrimination, diversity, equity, and equal opportunity in all aspects of state government,

including, but not limited to, employment, procurement, policy and practices relative to state

programs, services, and activities.

     (b) The head of this division shall be known as the associate director of ODEO, who shall

be appointed by the director of administration, in the classified service of the state, and shall be

responsible to, and report to, the director. The associate director of ODEO shall oversee the

ODEO in all aspects, including, but not limited to, coordination of the provisions of chapter 37-

14.1 (minority business enterprise) and chapter 28-5.1 (equal opportunity and affirmative action)

wherein the ODEO shall have direct administrative supervision of the state's equal opportunity

office.

     (c) ODEO shall have the following duties and responsibilities:

     (1) Develop, administer, implement, and maintain a statewide diversity plan and

program, including an equity, equal-opportunity, minority business enterprise, and supplier-

diversity program, as well as other related plans and programs within the office;

     (2) Provide leadership in the development and coordination of recruitment and retention

activities in order to promote diversity and encourage the use of bias-free methods and practices

in the hiring process, performance reviews, and promotions, and to ensure compliance with

applicable federal and state laws, rules, regulations, and policies;

     (3) Support the growth and development of the state's minority business enterprise

program by engaging in concerted outreach programs to build relationships, maintaining effective

programs to promote minority business enterprise utilization, and facilitating minority business

enterprise in State procurement activities;

     (4) Develop, coordinate, and oversee the recruitment, selection, and retention efforts and

initiatives to promote and achieve the state's diversity goals and objectives, developing and

recommending recruitment strategies, and assisting with special recruitment efforts directed

toward ethnic minorities, women, and other underrepresented groups; and

     (5) Provide leadership in advancing management's understanding, capacity, and

accountability for embedding diversity and equity in employment and human resource

management practices as an integral part of the state's employment opportunities.; and

     (6) Create and execute a strategic plan for increased cultural competency for all state

employees:

     (i) ODEO shall prescribe by regulation a cultural competency model training program;

     (ii) ODEO shall require all state employees to annually receive said training program

beginning July 1, 2020; and

     (iii) For the purposes of this section "cultural competency" means an understanding of

how institutions and individuals can respond respectfully and effectively to people from all

cultures, economic statuses, language backgrounds, races, ethnic backgrounds, disabilities,

religions, genders, gender identifications, sexual orientations, veteran statuses and other

characteristics in a manner that recognizes, affirms and values the worth, and preserves the

dignity, of individuals, families and communities.

     (d) The director of administration may promulgate rules and regulations recommended by

the associate director in order to effectuate the purposes and requirements of this act.

     SECTION 2. Section 45-2-15.2 of the General Laws in Chapter 45-2 entitled "General

Powers" is hereby amended to read as follows:

     45-2-15.2. Municipal employees -- Residency within municipality not required.

Municipal employees -- Residency within municipality not required, cultural competency

training.

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     (a) Notwithstanding any prior ratification and validation by the general assembly of any

home rule charter provision requiring that municipal employees reside within the employing city

or town, no home rule charter provision shall require that a municipal employee reside within the

city or town as a condition of appointment or continued employment. Any prior ratification and

validation by the general assembly of a home rule charter provision requiring residency within a

city or town as a condition for employment of a municipal employee is hereby expressly repealed

by the general assembly; provided, further, no city or town council shall make or ordain any

ordinance requiring a municipal employee to reside within the employing city or town as a

condition of appointment of continued employment. Any existing ordinance requiring a

municipal employee to reside within the employing city or town as a condition of appointment or

continued employment is hereby considered contrary to the laws of this state and is thus void as

being in violation of state law. Nothing in this chapter shall preclude any city or town from

offering employment incentives to its employees.

     Notwithstanding the foregoing, no city or town with a municipal charter shall be

precluded from entering into employment contracts which contain residency requirements with

their appointed town or city manager(s) and/or town or city administrator(s).

     (b) All municipalities shall require all municipal employees to annually receive training

in cultural competency, as provided in § 42-11-2.7, beginning on July 1, 2020.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF

ADMINISTRATION

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     This act would require the office of diversity, equity and opportunity (ODEO) to create

and for all state and municipal employees to receive annual training in cultural competency. It

would define "cultural competency" as an understanding of how institutions and individuals can

respectfully respond to people from all different backgrounds such as race, language, economic,

gender, veterans and disabilities.

     This act would take effect upon passage.

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