Chapter
502
2007 -- S 1014 AS AMENDED
Enacted 10/30/07
A N A C T
RELATING TO LABOR AND
LABOR RELATIONS -- EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
Introduced By: Senators Pichardo, Issa, Paiva-Weed, and Connors
Date
Introduced: May 10, 2007
It is
enacted by the General Assembly as follows:
SECTION
1. Sections 28-5.1-3.1 and 28-5.1-17 of the General Laws in Chapter 28-5.1
entitled
"Equal Opportunity and Affirmative Action" are hereby amended to read
as follows:
28-5.1-3.1.
Appointments to state boards, commissions, public authorities, and
quasi-public
corporation. -- (a) The general
assembly finds that, as a matter of public policy, the
effectiveness
of each appointed state board, commission, and the governing body of each
public
authority
and quasi-public corporation is enhanced when it reflects the diversity,
including the
racial
and gender composition, of Rhode Island's population. Consequently, each person
responsible
for appointing one or more individuals to serve on any board or commission or
to the
governing
body of any public authority or board shall endeavor to assure that, to the
fullest extent
possible,
the composition of the board, commission, or governing body reflects the
diversity of
Rhode
Island's population.
(b) During the month of January in each year the boards, agencies, commissions,
or
authorities
are requested to file with the state equal opportunity office a list of its
members,
designating
their race, gender, and date of appointment.
(c)
Of the candidates considered for appointment by the governor and the general
assembly,
the governor and the general assembly shall give due consideration to
recommendations
made by representatives of Rhode Island's minority community based
organizations
through the Rhode Island Affirmative Action Professionals (RIAAP). The human
resources
outreach and diversity office shall act as the RIAAP's liaison with state
government and
shall
forward the recommendations to appointing authorities.
(d)
The appointing authority, in consultation with the equal employment opportunity
administrator
and the human resources outreach and diversity administrator within the
department
of
administration, shall annually conduct a utilization analysis of appointments
to state boards,
commissions,
public authorities and quasi-public corporations based upon the annual review
conducted
pursuant to section 28-5.1-3.
(e)
The equal employment opportunity administrator shall report the results of the
analysis
to the Rhode Island commission for human rights and to the general assembly by
or on
January
31 and July 31 of each year consistent with section 28-5.1-17. The report shall
be a
public
record and shall be made available electronically on the secretary of state's
website.
28-5.1-17.
Utilization analysis. -- (a) (1) The personnel administrator, in
consultation
with the
equal employment opportunity administrator, and the human resources outreach
and
diversity
administrator within the department
of administration, shall annually conduct a
utilization
analysis of positions within state government based upon the annual review
conducted
pursuant
to sections 28-5.1-3 and 28-5.1-4.
(2) To the extent the analysis determines that minorities as currently defined
in federal
employment
law as Blacks, Hispanics, American Indians (including Alaskan natives), Asians
(including
Pacific Islanders), are being underrepresented and/or underutilized, the
personnel
administrator
shall, through the director of administration, direct the head of the
department
where
the under-representation and/or under-utilization exists to establish precise
goals and
timetables
and assist in the correction of each deficiency, to the extent permitted by law
and by
collective
bargaining agreements.
(3) The initial analysis shall be directed toward service oriented departments
of the state,
state
police, labor and training, corrections, children, youth and families, courts,
transportation,
and
human services.
(4) The equal employment opportunity administrator shall be consulted in the
selection
process
for all positions certified as underrepresented and/or underutilized and shall
report the
results
of progress toward goals to the governor and to the general assembly by January
31 and
July 31
of each year. A copy of these results which shall be referred to the Rhode
Island
commission
for human rights which may, in its discretion, investigate whether a violation
of
chapter
28-5 has occurred. The results shall be a public record and shall be made
available
electronically
on the secretary of state's website.
(b) (1) In the event of a reduction in force, the personnel administrator, in
consultation
with the
equal employment opportunity administrator and director of the department(s)
where the
reduction
is proposed, shall develop a plan to ensure that affirmation action gains are
preserved to
the
extent permitted by law and by collective bargaining agreements. A copy of
this plan shall be
referred
to the Rhode Island commission for human rights which may, in its discretion,
investigate
whether a violation of chapter 28-5 has occurred. The plan shall be a public
record
and shall
be made available electronically on the secretary of state's website.
(2) The equal employment opportunity administrator shall report the results of
the plans
and
their subsequent actions to the governor and to the general assembly by January
31 and July
31 of
each year., to the Rhode Island commission for human rights. The
report shall be a public
record
and shall be made available electronically on the secretary of state's website. Consistent
with
section 28-5.1-6, the Rhode Island commission for human rights shall have the
power to
order
discontinuance of any department or division employment pattern or practice
deemed
discriminatory
in intent or result by the commission.
(3) The equal opportunity administrator shall notify the commission of reports
and
results
under this chapter. and shall act as the commission's liaison with
state government.
SECTION
2. This act shall take effect upon passage.
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LC02976
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