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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, providing for the creation of an Allegheny County Women's Commission in order to identify and remedy any inequitable treatment of female candidates for appointment to County Boards, Authorities and Commissions.
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WHEREAS, Allegheny County has historically had policies in place to provide equal opportunity for all persons, and to prohibit discrimination because of race, color, religion, sex, national origin, disability, sexual orientation, or age; and
WHEREAS, County Council recognizes that this longstanding policy of equal opportunity applies to and must be an integral part of every aspect of County policy and practice, and therefore must extend to the various County Boards, Authorities and Commissions; and
WHEREAS, longstanding County policy notwithstanding, women remain underrepresented in the entities to which the County has appointment power; and
WHEREAS, it is desirable to allow for a mechanism both to provide female candidates with recourse if they feel that they have been treated inequitably and to allow for the study of the circumstances underlying complaints of inequitable treatment of female candidates in order to refine the appointment process, if possible;
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Establishment of Allegheny County Women's Commission.
There is hereby established a five (5) member Allegheny County Women's Commission, hereinafter the Women's Commission. The Women's Commission generally shall be empowered to study and make recommendations with regard to the identification and placement of women with the various Boards, Authorities and Commissions to which the County has appointment power. The Women's Commission shall also be empowered to receive, investigate and make findings and recommendations concerning complaints alleging the improper or inequitable exclusion of women from the appointment process.
County Council shall nominate three members of the Women's Commission, and the Chief Executive shall nominate two members. Names of the nominees are to be submitted to the Chief Clerk for placement on Council's Regular Meeting Agenda. Appointees shall be confirmed by an affirmative vote of at least a majority of the seated members of Council.
Section 2. Member Qualifications.
Members of the Women's Commission shall be voters of the County, and no more than three (3) of the members shall have the same political party affiliation.
Section 3. Prohibitions.
Members of the Women's Commission shall not be, nor for a period of four years prior to appointment have been, County Officers or employees.
Section 4. Terms of Office.
The initial members of the Women's Commission shall be appointed to the following terms of office: One member shall be appointed for a term of five (5) years; one member shall be appointed for a term of four (4) years; one member shall be appointed for a term of three (3) years; one member shall be appointed for a term of two (2) years; and one member shall be appointed for a term of one (1) year. Thereafter, all members shall be appointed for terms of five (5) years.
Section 5. Filling of Vacancies.
In the case of a vacancy, the respective appointing body shall, within ninety (90) days of the vacancy, make an appointment to fill the unexpired term.
Section 6. Removal.
Women's Commission members may be removed only for cause by County Council. Any Women's Commission member so removed may request, and be granted, a hearing before the County Council at which time such member may show cause why he or she should not be removed.
Section 7. Organization of the Women's Commission.
Within sixty (60) days of the appointment of the Women's Commission, the appointed members of the Commission shall convene. At this meeting, the Women's Commission shall elect on of its members as Chairman.
Section 8. Quorum.
Three (3) Women's Commission members shall constitute a quorum for the transaction of business. The Women's Commission shall conduct no business except in the presence of a quorum.
Section 9. Compensation.
Members of the Women's Commission shall receive no compensation for the performance of their duties. Members of the Women's Commission shall be reimbursed for travel and other necessary expenses incurred in the course of the performance of their duties, according to the policies established by the County Manager.
Section 10. Minutes and Records.
The Chairman of the Women's Commission shall ensure that appropriate measures are taken to keep minutes of the Commission's proceedings and records of other official actions. Such records shall be kept and preserved in accordance with applicable law.
Section 11. Rules and Procedures.
The Women's Commission shall adopt procedures and rules of conduct for its activities within sixty (60) days of its first organizational meeting.
Section 12. Administrative Support.
The County Manager shall furnish to the Commission such clerical assistance and supplies as may be deemed reasonable.
Section 13. Complaint.
A. Any female candidate for appointment to a County Board, Authority or Commission who believes that she has not received equitable consideration for that appointment, or that an action or omission of a County agency has led to such inequitable treatment of a female candidate for appointment, or that selection criteria or policies unfairly limit the opportunities of women seeking appointment to a particular Board, Authority or Commission, has the right to file a complaint with the Women's Commission.
B. All Complaints shall be in writing and filed with the Chairperson of the Women's Commission, with a copy forwarded to the County Manager, and shall contain the following before it will be considered by the Commission:
1. The name, address and phone number of the person filing the complaint (Complainant);
2. A statement of alleged facts and circumstances that the complainant believes in good faith constitutes inequitable treatment of the female applicant; and
3. A verification signed by the complainant.
C. Within five (5) days of the receipt of the Complaint, the County Manager shall:
1. Date stamp the Complaint;
2. Acknowledge, in writing, the receipt of the Complaint to the complainant;
3. Submit an acknowledgement of the Complaint to the Women's Commission; and
4. Notify the Respondent(s), if any, of the Complaint.
Section 14. Preliminary Inquiries.
A. The Women's Commission shall commence a preliminary inquiry regarding alleged inequitable treatment within thirty (30) days of the receipt of a Complaint, and shall simultaneously notify Complainant(s) and Respondent(s), if any, of the initiation of the preliminary inquiry by regular mail.
B. A preliminary inquiry shall be terminated or opened as a full investigation within forty-five (45) days of the initiation thereof. A preliminary inquiry is considered initiated on the date that notice of the inquiry is mailed to the Complainant's and Respondent(s).
C. The Commission shall keep information, records and proceedings relating to a preliminary inquiry confidential.
D. The Women's Commission shall commence an investigation if, after preliminary inquiry, there is reason to believe that the Complainant was in fact treated in a fashion that is indicative of either:
1. An intent on the part of any County agency, official or employee to treat a female applicant or female applicants generally inequitably solely based upon gender, or
2. A systemic shortcoming in the existing appointment policies or procedures that leads to inequitable treatment of female candidates or results in under representation of women that may be remedied with further study.
E. The Commission shall close the preliminary inquiry if there is no reason to believe that the complainant has, in fact, been treated in the fashion described in Subsection D of this Section. If the preliminary inquiry is closed, the Commission shall notify the Complainant(s) and any Respondent(s) within five (5) days.
Section 15. Conduct of Investigation.
A. The Commission shall have the authority to conduct interviews, take statements, receive and inspect documents and records and otherwise obtain evidence and gather information by lawful means, including subpoena power.
B. Within sixty (60) days of commencing the investigation, the Commission will do one of the following:
1. Terminate the investigation and notify the Complainant(s) and any Respondent(s);
2. Extend, upon a showing of need, the investigation for a period not to exceed sixty (60) days; or
3. Issue a findings report that sets forth the pertinent facts and contains a recommendation for a remedy to the inequities raised in the complaint, if any are appropriate. If the complaint was premised upon the action(s) or omission(s) of a County employee or County agency, the Commission's report must afford the Respondent(s) an opportunity to reply to the findings and to request a hearing. The Respondent(s) shall have thirty (30) days from the date of issuance of the Commission's report to file a response if he or she chooses to do so. Written responses are optional, although an application for an extension of the 30 day filing period may be made to the Commission and granted for good cause shown.
C. If an investigation indicates that the Complainant was not treated inequitably, that no systemic inequities exist, or that any apparent inequity was a product of a decision reached in good faith based upon characteristics other than gender, the Commission will immediately terminate the investigation and send written notice of the determination to the Complainant(s) and any Respondent(s);
D. The Women's Commission shall develop such other procedures and rules of conduct for its activities as it deems necessary.
Section 16. Hearings.
A. The Commission will conduct hearings upon the request of a Respondent. A respondent may request a hearing in his or her response to the findings report or in lieu of such response. Failure to request a hearing within the 30 day response period will be deemed a waiver.
B. A hearing will be held within forty-five (45) days after the respondent's request is received by the Commission unless the time is extended upon application for good cause shown.
C. A notice of hearing will be issued to the Respondent(s), unless represented by counsel, in which case to counsel, within a reasonable period of time prior thereto. The notice will advise of the date, time and location of the hearing, and of the hearing rights, privileges, process and procedures in this section.
D. The Commission may establish such rules of conduct for hearings, as it deems advisable in accordance with the normal procedures of due process.
Section 17. Discovery.
Upon request, the Respondent will be given access to evidence the Commission intends to use at the hearing, as well as any exculpatory evidence developed during the investigation. Access to evidence does not include information that is otherwise privileged.
Section 18. Confidentiality.
The hearing and papers, records and disclosures therein will be confidential except for the contents of the final order.
Section 19. Final Action of Commission.
The Commission shall, upon a find of either intentional inequitable treatment based purely upon gender of a female candidate for appointment by a County employee or County agency, or of a systemic shortcoming in the existing appointment, policies or procedures that may be remedied with further study, recommend remedial action(s) as provided by this subsection:
A. In cases where the violation of this ordinance is also a violation of federal or state law, the matter shall be turned over to the proper authority for criminal prosecution.
B. In all other cases, the following actions shall be available to the Commission:
1. Recommendation to the County agencies or departments involved with regard to adhering to the County's policy of gender equality;
2. Recommendation to the County Manager regarding personnel (if the Commission finds that an individual intentionally treated a female candidate inequitably) or other County entities (if the Commission finds that a County agency or department intentionally treated a female candidate inequitably, but is unable to identify an individual or individuals responsible);
3. Recommendation of changes to the existing appointment policies or procedures to the County Manager or County Council; or
4. Recommendation of legislative remedies to County Council.
Section 20. Disposition.
Upon receiving any findings, conclusions and recommendations from the Women's Commission, the County Council and Chief Executive or appropriate elected County Official shall take appropriate action. The Chief Executive or appropriate elected County Official shall notify the County Council and Women's Commission of the disposition of all recommendations within thirty (30) days of receipt.
Section 21. Summary Report to Council and Chief Executive.
The Commission shall report its conclusions and recommendations on all Complaints to County Council, the County Manager, and the Chief Executive. The Chairman of the Commission shall also be required to provide an annual report to each of these entities.
Section 22. Severability.
If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
Section 23. Repealer.
Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.