Rockford — Part I Ch. 11 Human Rights § 11-105

(a) Compliance review. With respect to qualifications during the life of a contract, the equal opportunity compliance officer or designee may, upon reasonable notice, investigate and may visit any facility, or operation of a contractor, or subcontractor to determine compliance with this chapter.
(b) Diversity plans. If, based upon the required information submitted by the contractor or subcontractor or other information obtained by compliance review, the equal opportunity compliance officer finds underutilization to exist, or in other appropriate circumstances, the officer may require the contractor or subcontractor to submit an acceptable diversity plan. A diversity plan shall include, but not be limited to:
(1) Announcement in all solicitations, or advertisements for employment by, or on behalf of the contractor or subcontractor stating that all qualified applicants will receive consideration for employment without regard to age, race, color, national origin, religion, sex (including pregnancy, childbirth, and related medical conditions, and harassment based upon sex), disability, age, genetic information, marital status, sexual orientation, citizenship status, military status, unfavorable military discharge, gender identity, arrest record, survivor of domestic violence or human trafficking, protected party under an order of protection, and lack of a permanent mailing address or using the mailing address of a shelter or social service provider;
(2) Notification, in writing, to all management, supervisory and other personnel of the intent of the equal employment opportunity policy of the contractor or subcontractor;
(3) Notification, in writing, of the contractor's or subcontractor's equal employment opportunity commitment under the contract compliance program of the city to each labor union, or representative of workers with which the company has a collective bargaining agreement, or other contract;
(4) Inclusion of contract provisions regarding equal employment and nondiscrimination in all subcontracts and/or purchase agreements;
(5) Informing all recruiting sources, in writing, of the contractor's or subcontractor's equal employment opportunity commitment. This notification shall include the expectation that referral of members of affected classes are desirable;
(6) Maintenance of a current list of members of affected class recruitment sources to be provided by the equal opportunity compliance officer of the city;
(7) Maintenance of records of specific actions relative to the contractor's or subcontractor's equal employment opportunity efforts;
(8) Provision to the city's equal opportunity hearing committee, or equal opportunity compliance officer with any and all information relative to the contractor's or subcontractor's equal employment opportunity efforts; and
(9) Notification to each subcontractor, supplier, vendor and professional service provider with which the primary contractor does business of the contractor's equal employment opportunity commitment.
(c) Findings of equal opportunity compliance officer. If, in the opinion of the equal opportunity compliance officer, there is noncompliance, the contractor shall be notified of such findings and will be given ten working days to rectify the noncompliance, or show a good faith effort to comply as determined by the equal opportunity compliance officer. In the event the contractor does not begin to show compliance, the equal employment opportunity officer shall issue a statement of noncompliance.
(d) Statement of noncompliance.
(1) If the equal opportunity compliance officer determines that a contractor or subcontractor is not in compliance with this chapter, the officer shall issue and serve upon such person a written statement of noncompliance setting forth the manner in which the officer finds such person has violated this chapter. This statement, along with other pertinent information, will be forwarded to the community relations commission and the city council.
(2) Any person who has received a statement of noncompliance from the equal opportunity compliance officer may appeal by filing with the community relations commission within seven working days after service of the statement of noncompliance upon it, a written request for a hearing. Such a request shall set forth specifically the findings of the equal opportunity compliance officer to which the person objects therefor. If no appeal is filed within seven working days of issuance of a statement of noncompliance by the contractor or subcontractor, the equal opportunity compliance officer shall recommend to the community relations commission that the city council impose appropriate sanctions, including, but not limited to:
a. Denying, suspended or revoking qualifications, or declaring the contractor or subcontractor irresponsible and ineligible for future contracts, or subcontracts until such time as the contractor or subcontractor shall demonstrate to the equal opportunity hearing committee that it is in compliance;
b. Withholding or delaying payment to the contractors; or
c. Canceling the contract.
(e) Hearings.
(1) In the event that a statement of noncompliance is appealed and a hearing is requested, as in subsection (d)(2) of this section, the community relations commission shall, within five working days, issue and serve upon the contractor, either personally or by certified mail, a notice of hearing. The notice of hearing shall contain the following:
a. The date and hour of the hearing, which shall not be more than five working days after issuance and service of the hearing notice, unless otherwise agreed to by all parties and the equal opportunity hearing committee;
b. The place of hearing; and
c. A statement advising the petitioners of rights and obligations at such hearing, which shall include the right to be represented in person and/or by attorney; the right to call, examine and cross examine witnesses; and the right to introduce documentation and other evidence into the record of the proceedings.
(2) All testimony taken at the hearing shall be under oath and in the presence of a certified court reporter.
(f) Advisory opinion of the community relations commission. Within five working days following the hearing, the community relations commission shall prepare and serve upon all parties to the proceedings personally, or by certified mail, its written and signed decision, which shall include findings of fact and conclusions of law. If it determines that a preponderance of the evidence sustains the prior determination of noncompliance, an advisory opinion recommending that the council affirm the prior statement of noncompliance and asking that the city council impose the appropriate sanctions, shall be issued. Those sanctions are:
(1) Denying, suspending or revoking qualifications, or declaring the contractor or subcontractor irresponsible and ineligible for future contracts, or subcontracts until such time as the contractor or subcontractor shall demonstrate to the equal opportunity hearing committee that it is in compliance;
(2) Withholding or delaying payment to the contractors; or
(3) Canceling the contract.
Otherwise, the commission shall issue an advisory opinion recommending denial of the statement of noncompliance and sanctions.
(g) (1) After the community relations commission has reached a decision and issued its advisory opinion, the matter shall be referred to the appropriate city council committee for consideration with or without further hearing prior to proceeding to a vote of city council. The appropriate committee and/or city council shall have the discretion to convene additional hearings before the committee or council prior to proceeding to a vote.
(2) City Council thereafter, shall, by resolution, or acceptance, or rejection of the appropriate council committee report, without further hearing approve, reverse, or modify the community relations commission's decision.