84-10

EXECUTIVE ORDER 84-10

AFFIRMATIVE ACTION IN STATE GOVERNMENT SUPERSEDES EO 77-10, 79-08, 81-02

WHEREAS, the integrity and well-being of the state are based upon the participation and productivity of all its citizens in the economic mainstream, and the state of Washington as a major employer should offer leadership in the area of equal opportunity and affirmative action in order to affect both the impact and visibility of affirmative action programs across the state; and

WHEREAS, the state's leadership in affirmative action programs can provide a model for private business and local government employers to improve employment practices and eradicate artificial barriers to employment; and

WHEREAS, after many years of effort in addressing these problems, we have not yet completely achieved the goals of affirmative action and have not yet completely eliminated the inequities in state government; and

WHEREAS, analysis of current state government employment shows under-representation of women, ethnic minorities, handicapped persons, and Vietnam-era veterans in certain geographical areas and/or agencies and within various job categories, particularly those at higher levels of responsibility; and

WHEREAS, corrective action is necessary as a method of achieving an employment profile in state government that is representative of our (available) work force; and

WHEREAS, the effort of all of our citizens and employers will be needed to achieve the goals we have set for ourselves in public policy, laws, and regulations for affirmative action;

NOW, THEREFORE, I, John Spellman, Governor of the state of Washington, by virtue of the power vested in me, do hereby:

Affirm my commitment to vigorously support equal employment opportunity in all areas of state government and to ensure freedom from discrimination based on race, creed, color, national origin, sex, marital status, or the presence of a physical, sensory, or mental handicap, in accordance with state and federal laws; and

Direct that barriers to employment of the handicapped be eliminated and that reasonable accommodations be made to ensure the inclusion of handicapped individuals in the work force; and

Direct that all state departments and agencies continue to improve the employment opportunities for Vietnam-era veterans; and

In an effort to employ designated under-represented groups in all job categories according to goals approved by the Governor's Office in cooperation with the Department of Personnel (DOP) and the Higher Education Personnel Board (HEPB), and with consideration of the Affirmative Action Policy Committee recommendation, direct that all state departments and agencies and higher education institutions use corrective employment measures outlined under Washington Administrative Codes (WAC) covering employment based on Revised Code of Washington (RCW) 49.60, and comply with Federal Executive Order 11246 as amended by 11375, Vietnam Era Readjustment Action of 1974, Section 503 Vocational Rehabilitation Act of 1974, Age Discrimination Action of 1967 as amended, and such regulations, and implement them; and

Encourage private industry and business to join with state government in our continuing efforts to eradicate all forms of employment discrimination and to institute result-oriented Affirmative Action Procedures and Plans.

Accordingly, with these expressed policies and goals in mind, I make the following declarations:

A. In order to achieve full agency participation in this effort, the Secretary, Director, President, or Chairperson of each state agency or higher education institution that has not already done so shall:

1. Develop a policy statement reaffirming and strengthening the agency's/institution's commitment to ensure that equal employment opportunities exist within the agency/institution in accordance with the provisions of state and Federal laws regarding under-represented protected groups.

2. Establish and maintain an affirmative action program for the agency/institution. The agency/institution shall establish goals and objectives for the employment and promotion of ethnic minorities, women, handicapped persons and disabled and Vietnam-era veterans, with target dates and supportive systems, and shall comply with all applicable RCWs and WACs and the Federal laws, rules, and regulations where appropriately applied.

3. Appoint an official from existing staff at the Assistant Secretary, Deputy Director, Vice President, Vice Chairperson, or equivalent level who will be responsible for the development, implementation, and supervision of the agency's/institution's affirmative action program. The name and title of the person designated shall be reported to the Department of Personnel or the Higher Education Personnel Board within 30 days from the date of this order.

B. The Governor's Affirmative Action Policy Committee is hereby established and shall have the following responsibilities:

1. Serve to advise the Governor on state affirmative action policies and submit recommendations to the Governor for any further action.

2. Approve affirmative action plans submitted through the Department of Personnel which meet guidelines established by the Department of Personnel.

3. Approve affirmative action plans submitted through the HEPB which meet guidelines established by the HEPB.

4. Review and evaluate reports and guidelines submitted by the Department of Personnel and the Higher Education Personnel Board to determine the extent to which the state is meeting the employment needs of all protected groups and affirmative action obligations under Federal and state laws, regulations, and policies.

5. Submit semi-annual reports to the Governor outlining the progress of the state in meeting its goals and timetables.

6. Submit recommendations to the Governor for any further action which it deems appropriate.

C. The Department of Personnel shall:

1. Provide agencies with guidelines and assistance for establishing and implementing an affirmative action program, such guidelines to be in accordance with all above-referenced state and Federal laws and regulations.

2. Review agencies' affirmative action plans and progress reports against established guidelines and state policies. Recommend to the Affirmative Action Policy Committee approval of such plans or corrective action as needed.

3. Develop and implement a positive hiring program to include additional target recruiting, verification of the job- relatedness of examinations, educational workshops, and other training programs.

4. Develop a reporting system for monitoring the progress of each agency toward achieving its goals, including a statistical analysis of present work force.

5. Submit semi-annual reports to the Office of the Governor, the Affirmative Action Policy Committee, and the Human Rights Commission.

D. The Higher Education Personnel Board shall:

1. Provide higher education institutions with guidelines and assistance for establishing and implementing an affirmative action program, such guidelines to be in accordance with all above-referenced state and Federal laws and regulations.

2. Review institutions' affirmative action plans and progress reports against established guidelines and state policies. Recommend to the Affirmative Action Policy Committee approval of such plans or corrective action as needed.

3. Assist higher education institutions in the development and implementation of a positive hiring program to include: target recruiting, verification of the job-relatedness of examinations, educational workshops, and other training programs.

4. Develop a reporting system for monitoring the progress of each higher education institution toward achieving its goals, including a statistical analysis of present work forces.

5. Submit semi-annual reports to the Office of the Cover-nor, the Affirmative Action Policy Committee, and the Human Rights Commission.

E. The Human Rights Commission shall:

1. Provide the Department of Personnel and the Higher Education Personnel Board with information to assist DOP and HEPB to establish and implement the state's affirmative action program, such information to be in accordance with all applicable state and Federal laws and regulations.

2. Provide appropriate training in coordination with the Department of Personnel and the HEPB through workshops or other educational programs to state agencies/institutions regarding the interpretation and application of Federal and state laws and other regulations applying to equal employment opportunity.

3. Review agencies'/institutions' affirmative action plans and progress reports and advise the Affirmative Action Policy Committee, Department of Personnel, and HEPB regarding agencies'/institutions' compliance with applicable Federal and state laws, regulations, and policies.

4. Where consistent with the Commission authority, enforce all applicable Federal and state laws and regulations pertaining to nondiscrimination and laws affecting all protected groups to ensure compliance with the content and spirit of this Executive Order.

F. The Office of the Governor shall:

1. Review the state's affirmative action program plans and progress reports submitted through the Affirmative Action Policy Committee, Department of Personnel, the HEPB, and advice of commissions and other advisory groups concerned with issues affecting protected groups and interested in the overall affirmative action progress in state government.

2. Take such additional action as is deemed necessary to continue an effective affirmative action program for the state of Washington.

IN WITNESS WHEREOF, I have hereunto

set my hand and caused the seal of the State

of Washington to be affixed at Olympia

this 18th day of May A.D., Nineteen hundred and eighty-four.

John Spellman

Governor of Washington

BY THE GOVERNOR:

_________________________________

Secretary of State