HomeMy WebLinkAboutCity Commission Meeting 5.18.2020 Resolution 5169 Adopting Gender Pay Equity Policies and RequirementsPage 1 of 3
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Karen Stambaugh, Assistant City Attorney
SUBJECT: Adoption of Resolution 5169 – Adopting Gender Pay Equity
Policies for the City and Establishing Requirements for the City’s
Vendors and Suppliers
MEETING DATE: May 18, 2020
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Resolution 5169.
RECOMMENDED MOTION: I move to adopt Resolution 5169 Adopting Gender Pay
Equity Policies for the City and Establishing Requirements for the City’s Vendors and Suppliers.
STRATEGIC PLAN: Section 3 of the City’s Strategic Plan calls for a Safe, Welcoming
Community stating, “3.3 Friendly Community: b) Review the feasibility of all city vendors and
suppliers to establish and enforce a gender pay equality policy.”
BACKGROUND:
Existing Federal and State law addresses the issue of pay equity and provides recourse:
• The Equal Pay Act of 1963 (EPA), (Title VI of the Civil Rights Act of 1964; Section 140,
Title 2, United States Code) prohibits pay discrimination on the basis of sex.
• Section 39-3-104, MCA makes it unlawful for the state or any county, municipal entity,
school district, public or private corporation, person, or firm to employ women in any
occupation for compensation less than that paid to men for equivalent service or for the
same amount or class of work or labor in the same industry, school, establishment, office,
or place of employment of any kind or description. The law also provides a penalty with
a conviction on no less than $25 and a maximum fine of $500.
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The City has adopted several resolutions addressing gender discrimination, including:
• Resolution 4243, adopted by the City Commission in 2010, declaring it to be the policy
of the City that the City will not discriminate in employment and benefits on the basis of
sexual orientation and/or gender identity.
• Resolution 4250, also adopted by the City Commission in 2010, adopting a policy
prohibiting discrimination in the entering into and implementation of contracts and
agreements of all kinds, including bidding and certain purchases.
• Resolution 4601, adopted by the City Commission in 2015, addressing equal pay for
equal work within the City by urging citizens to recognize the full value of women’s
skills and significant contributions to the labor force; pledging to work to eliminate
unequal pay for equal work; directing the City Manager to expand data collection for City
employees to assess whether wage gaps exist within City government; committing to lead
by example by directing the City Manager to evaluate City human resource and
employment policies and practices against the “Thrive Index” or a similarly well-
researched guide to best practices; and committing to commemorate Equal Pay Day each
year.
In addition to requirements placed on vendors by law, pursuant to current City policy1, responses
to published invitations to bid and requests for proposals must include a signed Statement of
Nondiscrimination. This statement requires contractors to affirm the contractor will not
discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin,
or because of actual or perceived sexual orientation, gender identity or disability. Contracts
entered into by the City must include nondiscrimination language in accordance with Resolution
4250.
City Legal staff has researched the City’s current practices and published best practices in the
area of pay equity and drafted the attached Resolution 5169 for the City Commission’s
consideration. The Resolution reaffirms the current best practices the City already operates
under but that are not specifically addressed in an existing Resolution, and resolves to institute
additional best practices to advance gender pay equity. In addition, adoption of the Resolution
would require the City’s invitations to bid and requests for proposals to include an affirmation
vendors would be required to sign related to equal pay, similar to what the City currently
requires for nondiscrimination. In addition to invitations to bid and requests for
proposals/qualifications, language regarding City contractors’ compliance with the EPA and 39-
3-104, MCA would be added to City contracts.
Resolution 5169 includes the following provisions:
1 Resolution 4250 (prohibiting discrimination in City contracts).
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1. City adoption or reaffirmation of best practices in employment
• The City publishes pay ranges in advertisements for open positions (current practice, but
not specifically included in prior resolutions).
• The City will require applicants to acknowledge they understand the published pay range
for the open position.
• The City will not request salary history during the hiring process.
• The City does not discriminate or retaliate against employees who discuss or disclose
their wages (current practice, but not specifically included in prior resolutions)
• As part of the City’s continuing efforts to close the gender pay gap, the City will study
data it collects pursuant to Resolution 4601 and existing job classifications to continue
work toward a goal of achieving equal pay for comparable worth in the City’s
classification plans and pay schedules.
2. City procurement requirements.
• Requires contractors to acknowledge that they must abide by 39-3-104, MCA as a
condition of being awarded a contract.
• Requires contractors to report to the City of Bozeman any violations of the law that the
company has been found guilty of within 60 days.
• Requires contractors to acknowledge that they have visited the Montana Equal Pay for
Equal Work “best practices” website (https://equalpay.mt.gov/BestPractices/Employers)
(or equivalent “best practices” publication) and have read the material.
NEXT STEPS: If the Commission adopts Resolution 5169, City staff will draft an expansion of
the nondiscrimination affirmation statement included in invitations to bid and requests for
proposals/qualifications and revise City contract language to specifically include the EPA and 39-
3-104, MCA.
UNRESOLVED ISSUES: There will need to be specific guidance and training for all staff to
communicate with contractors.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: Staff time for Legal, Finance, and Human Resources staff to complete the
drafting, data analysis, and training work described above.
Attachment:
Resolution 5169
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COMMISSION RESOLUTION NO. 5169 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING GENDER PAY EQUITY POLICIES FOR THE CITY AND
ESTABLISHING REQUIREMENTS FOR CITY CONTRACTS AND AGREEMENTS OF ALL KINDS INCLUDING BIDDING AND CERTAIN PURCHASES
WHEREAS, the Equal Pay Act of 1963 (EPA), (Title VI of the Civil Rights Act of
1964; Section 140, Title 2, United States Code) prohibits pay discrimination on the basis of sex;
and
WHEREAS, Section 39-3-104, MCA makes it unlawful for the state or any county,
municipal entity, school district, public or private corporation, person, or firm to employ women
in any occupation for compensation less than that paid to men for equivalent service or for the
same amount or class of work or labor in the same industry, school, establishment, office, or place
of employment of any kind or description; and
WHEREAS, Section 2-18-208, MCA requires the State of Montana Department of
Administration to, in its continuous efforts to enhance the State’s current classification plan and
pay schedules, “work toward the goal of establishing a standard of equal pay for comparable worth
by (1) eliminating, in the classification of positions, the use of judgments and factors that contain
inherent biases based on sex; and (2) comparing, in the classification of positions, the factors for
determining job worth across occupational groups whenever those groups are dominated my males
or females; and
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WHEREAS, the City Commission adopted Resolution No. 4250 on March 29, 2010,
requiring all written agreements entered into by the City to contain a provision prohibiting
discrimination in the fulfillment of the agreement on the basis of race, color, religion, creed, sex,
age, marital status, national origin, or actual or perceived sexual orientation, gender identity or
disability; and requiring entities submitting bids, proposals, and statements of qualifications to the
City to affirm it will not discriminate and recognize the eventual contract will prohibit
discrimination; and
WHEREAS, the City Commission adopted Resolution No. 4601 on June 8, 2015, urging
citizens to recognize the full value of women’s skills and significant contributions to the labor
force; pledging to work to eliminate unequal pay for equal work; directing the City Manager to
expand data collection for City employees to assess whether wage gaps exist within City
government; committing to lead by example by directing the City Manager to evaluate City human
resource and employment policies and practices against the “Thrive Index” or a similarly well-
researched guide to best practices; and committing to commemorate Equal Pay Day each year; and
WHEREAS, the City wishes to continue to lead by example by renewing its commitment
to certain best practices in hiring the City currently follows and adopting additional best practices
in hiring; and
WHEREAS, the City seeks to encourage contractors and other parties entering into
agreements with the City to adopt similar equal pay best practices, and
WHEREAS, the City’s Strategic Plan identified as action item (b) under Section 3, Safe,
Welcoming Community, Subsection 3.3, Friendly Community, to “review the feasibility of all city
vendors and suppliers to establish and enforce a gender pay equality policy.”
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Resolution 5169, Adopting Gender Pay Equity Policies
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NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that
Section 1: City Employment Practices
A. The City will include pay ranges in published advertisements for open City staff
positions.
B. The City will require applicants to acknowledge they understand the published pay
range for the open position.
C. The City will not request salary history information during the hiring process.
D. The City does not discriminate or retaliate against its employees who discuss or
disclose their wages with others.
E. The City will study wage data the City collects pursuant to Resolution No. 4601 and
existing job classifications to work toward a goal of establishing a standard of equal
pay for comparable worth in its job classifications and pay schedules.
Section 2: City Procurement Practices
A. The nondiscrimination provision required by Resolution No. 4250 to be included in
all City contracts shall be revised to include the Equal Pay Act of 1963 and Section
39-3-104, MCA (the Montana Equal Pay Act), and to add a requirement that
contractors report to the City any violations of the Montana Equal Pay Act that the
company has been found guilty of within 60 days.
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Resolution 5169, Adopting Gender Pay Equity Policies
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B. The affirmation statement required by Resolution No. 4250 to be signed by entities
submitting in response to Requests for Proposal, Requests for Qualifications, and
Invitations to Bid shall be revised to add an acknowledgement that submitters must
abide by 39-3-104, MCA, and that they have visited the Montana Equal Pay for Equal
Work “best practices” website, https://equal pay.mt.gov/BestPractices/Employers, or
equivalent “best practices” publication and have read the material as a condition of
being awarded a contract. If a submitting entity refuses to affirm that it will comply
with this requirement, the City shall consider the submitter non-responsive.
C. The above requirements do not apply to the City’s issuance of general licenses such
as business or pet licenses nor shall they apply to general or special permits or
entitlements issued by the City. In addition, these requirements do not apply when
the City enters into agreements to provide services such as garbage or recycling
services, to another entity or individual. For purchases of goods and equipment, these
requirements shall apply only where the City enters into a signed written agreement,
other than a purchase order or receipts, for the purchase.
Section 3: Exceptions to be made by Commission
Exceptions to the City procurement practices in this policy may be made by the City
Commission on a case-by-case basis.
Section 4: Interpretation
This Resolution shall in no way amend or restrict the application of Resolution No.
4250. This Resolution and Resolution No. 4250 must be interpreted and implemented so as to
give full effect to both.
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Section 5: Implementation by City Manager
The City Manager shall implement this policy through administrative policies or through
a formal administrative order so this policy will be distributed to all City personnel and
implemented expeditiously upon adoption.
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 18th day of May, 2020.
___________________________________
CHRIS MEHL Mayor
ATTEST:
________________________________________ TANYA ANDREASEN Acting City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
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