§ 29-585. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Affirmative action program means a positive program designed to ensure that a good faith effort will be made to employ applicants and to treat employees during employment equally without regard to their race, religion, color, age sex, disability, national origin or ancestry. Such programs shall include, where applicable, but not be limited to, the following: Recruiting, recruitment, advertising, employment, upgrading, promotion, demotion or transfer, layoffs or termination, rates of pay or other forms of compensation, or other terms or conditions of employment and selection for training, including apprenticeship in service or on-the-job training; The terms "employer" and "employees," as used herein, shall include contractors, subcontractors and individuals.

Annual work-force report, desk audit and on-site review means equal employment opportunity and affirmative action in employment, upgrading, demotion or transfer, recruiting or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship, in-service and on-the-job training.

Board means the contract compliance board.

Certificate of compliance means a written certificate issued within the next preceding calendar year by the director or by any agency or body charged with administration of a governmentally recognized equal employment opportunity and affirmative action program that any person named in such certificate is in compliance with the terms of an equal employment affirmative action program filed by such person with such agency or body, or with the human resources department director.

Complainant means any person claiming to be aggrieved by any alleged violation of this division.

Complaint means a written statement of facts and circumstances, including dates, times, places, and names of persons involved in any alleged violation of the provisions of this division. A complaint shall be dated, signed by the complainant and verified by oath or affirmation. All complaints shall be filed with the director within l5 days after the act or acts complained of.

Contract means any contract in which the unified government shall be a contracting party and which shall hereafter be entered into or renewed.

(1)

There shall be exempted from the operation and requirements of this article the following matters:

a.

Emergency procurements.

b.

Contract with any bona fide religious institution with respect to any qualification for employment when such qualifications are related to a bona fide religious purpose.

(2)

Contracts for supplies, services, or construction the cost of which will not exceed $10,000.00 and/or contracts with contractors who employ l5 or fewer employees shall be exempted from the requirements of section 29-586 mandating submission in writing to the contracting officer or to the department of human resources of a certificate of compliance or an affirmative action program; provided, however, this exemption shall not be applicable to any supplier or other contractor who shall do an aggregate annual business with the city in excess of $10,000.00. For the purpose of this section, aggregate annual business shall be measured by the amount of business done by the supplier or other contractor with the city during the current city fiscal year, and if this amount shall not exceed $10,000.00, then by the amount of business done by such supplier or contractor with the city during the next preceding city fiscal year.

Contracting officer means the unified government administrator, the purchasing director, or a procurement officer.

Contractor means any individual, partnership, corporation, association, or other entity, or any combination of the foregoing who or which enters into a contract with the unified government, and who is an employer.

Director means the director of the human resources department who is also the unified government's equal employment opportunity officer or his duly authorized agents or employees.

Equal employment opportunity - affirmative action declaration means a declaration filed in lieu of an affirmative action plan to be issued on a six-month temporary basis.

Hearing examiner means the unified government attorney or his designee whose duty it shall be to conduct hearings and to make rulings upon objections, and upon admissibility of evidence presented in hearings before the contract compliance board.

Parties means the parties to any proceeding or hearing held pursuant to this division shall be the director, the complainant, the respondent, and such intervenors as may be allowed to participate in the proceeding at the discretion of the contract compliance board; provided that additional parties for the respondent may be added at any time prior to a hearing, at the discretion of the board.

Performance of work means the furnishing of any personal service, labor, materials or equipment used in the fulfillment of a contractor's obligation under a city contract.

Questionnaire on personnel practices means a questionnaire to be filled out by a contractor and subcontractor. The questionnaire shall be submitted to the human resources department with a contract bid or proposal on forms prepared by the human resources department.

Respondent means any person, as herein defined, against whom it shall be alleged by complaint or otherwise that he has violated or is violating the provisions of this division.

Rules and regulations. The terms "rule," "rules," or "rules and regulations," as used in this division, shall mean rules and regulations promulgated by the human resources director for administration and enforcement of this division.

Subcontractor means any individual, partnership, corporation, association, or other entity, or any combination of the foregoing which shall undertake, by virtue of a separate contract with a contractor as defined herein, to fulfill all or any part of any contractor's obligation under a contract with the unified government, and who is an employer as defined by this division.

Unified government means the Unified Government of Wyandotte County/Kansas City Kansas.

(Ord. No. 64497, § 1(11-101), 6-27-1983)