DISCRIMINATION COMPLAINT PROCEDURE
FILING A DISCRIMINATION COMPLAINT
All employees or applicants for City employment who believe they have been discriminated against while applying for a job, or on the job, or in the terms and conditions of employment because of race, religion, color, sex, national origin, age, disability, veteran status, sexual orientation or any other non-job related characteristic, may file a complaint through the Affirmative Action Officer, a function of the City Manager's Office, or with their manager or supervisor.
The Affirmative Action Officer, in conjunction with the City's Legal Department, shall review and investigate all complaints and determine whether an act of discrimination has occurred, and recommend an appropriate action.
Each manager and supervisor shall be held accountable for their prompt attention to, and execution of necessary preventative, corrective, and affirmative actions.
- A complainant (employee or applicant) should contact the Affirmative Action Officer (AAO), or the Department's Affirmative Action Officer (DAAO) if applicable, manager or supervisor, and state the nature of his/her claim. (NOTE: Not all Departments have a DAAO).
- The Affirmative Action Officer will notify the DAAO, manager or supervisor, of any complaint filed directly with the AAO. Correspondingly, the DAAO, manager or supervisor, will notify the Affirmative Action Officer of any complaint filed directly with the department, so that the Affirmative Action Officer can investigate or monitor the process.
- If the complaint is filed directly with the department, the DAAO, manager or supervisor, has 10 working days to resolve the complaint internally within the department. If the DAAO, manager or supervisor is unable to resolve the complaint, then the complaint is referred to the Affirmative Action Officer. The Affirmative Action Officer will seek a solution to the complaint either through an informal or formal factfinding investigation. The completion of the factfinding inquiry should be completed expeditiously. The Department Director, or designee, will be officially advised as to the nature of the complaint and the factfinding process. The DAAO, manager or supervisor, is required to participate in the investigative process, unless the DAAO, manager or supervisor is the subject of the investigation.
- The Affirmative Action Officer will conduct a timely investigation and make a determination if there is "reasonable cause" or "no cause" to believe discrimination has occurred. Opportunity is provided for an informal conciliation of the complaint.
- If a conclusion is made that "reasonable cause" exists, then the Affirmative Action Officer will reach a conciliated disposition of the complaint. This may include employee counseling, supervisory/sensitivity training or a disciplinary action recommendation. If a determination of "no cause" is made, the Affirmative Action Officer may still recommend employee counseling or supervisory/sensitivity training to improve the work environment.
- Upon completion of the investigation, the Affirmative Action Officer will notify the Department Director of the conclusions and recommendations.
- The Department Director shall respond to the conclusions and recommendations.
- If the department rejects or modifies the recommended decision, and the matter cannot be conciliated between the Department Director and the Affirmative Action Officer, it is referred to the Human Resources Director and then to the City Manager for final resolution.
- The Affirmative Action Officer notifies the complainant, in writing, of the proposed disposition of the complaint.
- After the final disposition of the case, the complainant may review and discuss the investigative file.
- The employee has the right to appeal to the City Manager.
NOTE: The aggrieved person is advised by the Affirmative Action Officer of alternative complaint resolution processes and other redress mechanisms, including Equal Employment Opportunity Commission; the Florida Human Rights Commission; or private attorney.
DISCIPLINARY PROCESS The City of Miami Beach shall maintain fair administration of the disciplinary policy and other disciplinary practices through the training of supervisors and management.
The Affirmative Action Officer, together with the Human Resources Director, shall evaluate and monitor the disciplinary practices of each department and supervisor, to ensure fairness in the administration of the disciplinary process. The purpose of Progressive Performance and Behavior Improvement Process is to encourage communication between the City of Miami Beach's employees and supervisors and to provide guidelines by which employees can be afforded consistent and fair treatment. Our employees are vital to the overall operation of the City and represent a wealth of
experience and knowledge.