State
of 樱花视频
Executive
Order #61
WHEREAS, The Executive
Branch of State Government recognizes that the employment of minorities,
physically handicapped persons and women serve to increase the effectiveness
of State Government and that fair and nondiscriminatory treatment for
all its employees promotes the merit principle, encourages career employment
and results in greater efficiency in the operation of State Government;
and
WHEREAS, The State
is required to comply with Title VII of the Civil Rights Act of 1964,
P. L. 88-352 (1964), as amended by the Equal Opportunity Act of 1972,
P. L. 92-261 (1972), Presidential Order No. 11246, 30 F.R. 12319 (1965),
and Presidential Order No. 11375, 32 F.R. 14303 (1966), Federal guidelines
appearing in 41 CFR 60 (1972) as amended, and The Rehabilitation Act of
1973, P. L. 93-112 (1973); and
WHEREAS, Equal employment
opportunity regardless of race, creed, color, national origin, age, sex,
and physical handicap has been the law of this State at least since passage
of the 樱花视频 Law Against Discrimination, N. J. S. 10:5-1 et seq.
(1945); and
WHEREAS, Executive
Order No. 21, issued June 24, 1965, by Governor Richard J. Hughes, established
this State's goal of eliminating discrimination in State employment, facilities,
and services; and
WHEREAS, Executive Order No. 14, issued December 23, 1974, delegated
formal executive leadership to the Department of Civil Service to obtain
compliance with Federal Equal Employment Opportunity Commission guidelines
and provided the impetus to begin to correct deficiencies and to increase
the utilization of minorities, women, and physically handicapped persons
at all levels of responsibility;
Now, THEREFORE, I, Brendan T. Byrne, Governor of the 樱花视频,
by virtue of the authority vested in me by the Constitution and by the
statutes of this State, do hereby Order and Direct:
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- This Order extends to all departments in the Executive Branch and
all appointees of the Governor in the Executive Branch and their staff.
As used in this Order, "departments and agencies", shall include
each of the principal departments in the executive branch of the State
Government, and all boards, commissions, agencies, departments, councils,
authorities, now existing or hereafter established.
- The head of each department and agency to which this Order applies
shall ensure equality of opportunity for all of its employees and for
all applicants seeking employment within its jurisdiction. Equal employment
opportunity includes, but is not necessarily limited to, the following
areas: recruitment, selection, hiring, training, promotion, transfer,
layoff, return from layoff, compensation and fringe benefits. It includes
policies, procedures, and programs for recruitment, employment, training,
promotion, and retention of minority and physically handicapped persons
and women. The head of each department and agency to which this Order
applies is required to explore innovative personnel policies in order
to enhance these efforts and where appropriate shall implement them
to the full extent of his or her authority. Where the implementation
of such innovative personnel policies is not within the authority of
an agency or department head he or she shall recommend implementation
to the appropriate State agency.
As used in this Order, the head of a department or agency refers
to the individual representing the highest authority within any department
and agency, included in section 1 of this Order.
- The Commissioner of the Department of Civil Service shall maintain
an Equal Employment Opportunity and Affirmative Action Division in the
Department of Civil Service which shall develop, implement, and administer
a statewide Equal Employment Opportunity and Affirmative Action Program
fir all departments and agencies subject to this Order. Such a program
shall take into consideration the particular personnel requirements,
reasonably related to job performance, of each department and agency.
The Director of that Division ("Director") shall ensure that
affirmative action and equal employment goals of each department and
agency for protected classes shall be reasonably relatred to their population
in the relevant surrounding Labor Market Area. The Director shall be
responsible to the Governor and to the President of the Department of
Civil Service and, in accordance with applicable Federal and State guidelines
shall:
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- Ensure each department's or agency's compliance with all laws
and regulations, and this Order in all areas relating to equal employment
opportunity, and seek correction of discriminatory practices and
procedures;
- Recommend appropriate sanctions to the Governor and to the President
of the Civil Service Commission for non-compliance. The President
of the Civil Service Commission with the concurrence of the Governor,
shall have authority to implement those sanctions recommended by
the Director;
- Review State personnel policies and procedures, inclusive of
recruitment, selection, and promotion in order to identify and facilitate
the elimination of artificial barriers to equal employment opportunity;
- Act as liaison with Federal, State, and local enforcement agencies;
- Recommend any necessary legislation and perform other actions
deemed necessary by the Governor and the President of the Civil
Service Commission to implement this Order.
- The Department of Civil Service shall establish reasonable equal
employment and affirmative action goals for departments and agencues
in the form of Civil Service regulations pursuant to N. J. S. 11:17-1.
- The Department of Civil Service, through the Division of Equal Employment
Opportunity and Affirmative Action, shall:
- Ensure that the pool of applicants for all vacant provisional,
temporary, and permanent classified and unclassified positions in
all departments or agencies includes both minorities, the handicapped,
and women to the end that affirmative action gaols are attainable
through agency selection decisions on such applicants;
- Undertake a comprehensive review of its regulations and testing
procedures in order to amend or eliminate those which serve to discriminate
against minorities, the physically handicapped, and women;
- Ensure that selection devices are validated as significant predictors
of successful job performance;
- Analyze job specifications to isolate and eliminate prerequisites
that are not legitimate occupational qualifications;
- Review all Title VII discrimination complaints; evaluate trends,
and recommend appropriate policy changes;
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- Receive, analyze, and transmit to the Governor at least semi-annually
progress reports on affirmative action in all State agencies; and
- Make available to the public statistics relating to affir,ative
action progress.
- The head of each department or agency shall appoint at least one
individual with the full-time responsibility of equal employment opportunity,
as the Affirmative Action Officer who shall be responsible to the head
of the agency.
- The head of each State department and agency shall be held accountable
to the Governor for achieving and maintaining agency compliance in the
Affirmative Action Program.
- Each department and agency shall submit an affirmative action
plan complete with goals and timetables, plus quarterly and annual
affirmative action reports to the Director. Each affirmative action
plan shall identify existing inequities in hiring, promotion, and
all other conditions of employment and provide specific remedies
for such inequities and establish the time periods for the accomplishment
of remedial action. Each department and agency shall make good faith
eforts to meet its goals and timetables;
- In the event of failure to achieve agency goals, or to demonstrate
good faith efforts, appropriate sanctions and penalties may be applied
by the Civil Service Commission in accordance with Federal and State
regulations subject to the concurrence of the Governor and the President
of the Civil Service Commission. Such sanctions may include, but
would not be limited to placing a moratorium on departmental personnel
actions in both the unclassified and classified services, and such
other sanctions as may be allowed by law.
- Agencies which achieve outstanding affirmative action results
shall be cited by the Governor for their efforts.
- There is hereby created an Equal Employment Opportunity Advisory
Commission which shall advise the Division of Equal Employment Opportunity
and Affairmative Action and recommend improvements in the State's affirmative
action efforts:
- The Commission shall consist of 11 members appointed by the Governor
at least 6 of whom shall be Blacks, Hispanics, physically handicapped,
women and other minority persons. Consideration shall be given to
appropriate representation of each group. The remaining members
of the Commission may be comprised of State agency heads or their
designated representatives. All members of
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the Commission shall be residents of the State and appointed by
the Governor. The members shall be appointed for terms of 4 years,
except that of the members first appointed, two shall be appointed
for a term of 1 year, three for a term of 2 years, three for a term
of 3 years, and three for a term of 4 years, commencing as of the
date of their appointment by the Governor. The term of each of the
members first appointed shall be designated by the Governor. Each
shall member shall hold office for the term of the appointment and
until a successor shall have been appointed. Members will not be
permitted to serve more than two consecutive terms. A vacancy in
the Commission shall be filled by appointment by the Governor for
the remainder of the term.
- The Director of the Division of Equal Employment Opportunity and
Affirmative Action shall serve as Executive Secretary;
- The Commission shall meet at least quarterly to review implementation
of this Executive Order.
- Although the State Affirmative Action Program is specifically directed
toward the active promotion of equality of employment opportunity for
women, minority persons, and the physically handicapped, it is also
the policyof State Government to avoid any discrimination on the basis
of all other factors unrelated to the performance of job responsibilities.
- In order to ensure maximum effectiveness of this Order I am hereby
directing the Division of Equal Employment Opportunity and Affirmative
Action to prepare procedural recommendations for the full implementation
of the provisions of this Order and to promulgate such provisions in
the State Personnel Manual.
- Executive Order No.14, issued on December 23, 1974 is hereby superseded.
Given,
under my hand and seal this12th
day of October, in the year of Our Lord,
one thousand nine hundred and seventy-seven
of the Independence of the United States,
the two hundred and second.
Brendan Byrne, Governor
Attest:
John J. Degnan,
Executive Secretary to the Governor |