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:

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

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

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

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

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

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

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

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programs, services, and activities.

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

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

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

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

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

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

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office.

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

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

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

 

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

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

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

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

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

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

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

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

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enterprise in State procurement activities;

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

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

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recommending recruitment strategies, and assisting with special recruitment efforts directed

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

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

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accountability for embedding diversity and equity in employment and human resource

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

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

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employees:

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

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

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beginning July 1, 2020; and

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

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

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

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

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

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dignity, of individuals, families and communities.

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

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

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

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Powers" is hereby amended to read as follows:

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

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

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training.

 

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

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

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

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

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

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

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

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

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

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

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

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

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offering employment incentives to its employees.

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

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precluded from entering into employment contracts which contain residency requirements with

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

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

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

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     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

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

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

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

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gender, veterans and disabilities.

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     This act would take effect upon passage.

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