EXECUTIVE ORDER NO. 91
Under the authority of art. III, sec. 23, of the Alaska Constitution,
and in accordance with AS 24.08.210, I order the following:
* Section 1. FINDINGS. As governor, I find that the transfer of
the office of equal employment opportunity from the Department of Administration
to the Office of the Governor would be in the best interests of efficient
administration. The transfer will permit closer coordination within state
government regarding equal employment opportunity policy, and will ensure
that pressing issues in the area of equal employment opportunity will come to
the immediate attention of the Office of the Governor.
* Sec. 2. AS 44.19 is amended by adding new sections to read:
ARTICLE 9A. OFFICE OF EQUAL EMPLOYMENT OPPORTUNITY.
Sec. 44.19.450. OFFICE ESTABLISHED. The office of equal
employment opportunity is established in the Office of the
Governor. The governor shall appoint a director to administer
the office.
Sec. 44.19.451. POWERS AND DUTIES OF THE OFFICE. (a)
The office shall administer the equal employment opportunity
program for the executive branch of state government to
ensure compliance with AS 44.19.450 - 44.19.458 and shall
(1) assist state officials to carry out their equal
employment opportunity responsibilities, including
promoting the recruitment, employment, training, and retention
of members of protected classes,and
recommend solutions to any problems identified;
(2) train state managers and supervisors in their
equal employment opportunity and affirmative action
responsibilities and offer orientation programs to employees
to inform them of their rights and responsibilities under
AS 44.19.450 - 44.19.458;
(3) monitor records of personnel actions, develop
auditing and reporting systems to acquire statistical
information, and prepare federal and state reports concerning
the composition of the work force;
(4) prepare and submit the affirmative action plan
for employment in the executive branch of state government
to the governor;
(5) prepare guidelines for the affirmative action
programs of agencies and review, audit, and make recommendations
concerning the programs;
(6) ensure that agencies comply with the affirmative
action plan and with the agency affirmative action program;
(7) implement standards by which performance evaluations
of supervisors reflect compliance with affirmative action plans and
objectives,including the granting or denial of merit increases;
(8) assist the division of labor relations in
collective bargaining negotiations between the state and
employee bargaining organizations to ensure that each
collective bargaining agreement negotiated
by the state ensures equal employment opportunity;
(9) file quarterly reports with the governor and
the legislature concerning agency compliance with and progress
in its affirmative action program, the affirmative
action plan, state and federal equal employment opportunity
laws and regulations;
(10) accept, investigate, and resolve complaints
of discrimination from employees, previous employees, or
applicants for employment;
(11) serve as primary liaison between the executive
branch and state and federal agencies, minority and women's
organizations, and community groups concerned with equal
employment opportunity; and
(12) prepare and submit an annual report to the
governor and the legislature by February 15 on the progress
and problem areas in the equal employment opportunity program
and the implementation of the affirmative action plan.
(b) The office may
(1) recommend legislative or administrative action
to the governor relating to equal employment opportunity and
affirmative action matters;
(2) require the purging of the records of a
complaint of unlawfuldiscrimination from the personnel file
of an employee who has filed a complaint of unlawful
discrimination;
(3) forbid an agency to hire or promote employees
based on a discriminatory employment practice;
(4) require an agency to reverse a personnel
action including a hiring decision if it finds that the
action was based on a discriminatory employment practice;
(5) require an agency to change its selection
procedures if it finds that the procedures violate state
or federal laws prohibiting employment discrimination;
and
(6) when there is reason to believe that an
employee has violated this subsection, require the agency
to investigate and to impose discipline if the investigation
reveals facts warranting it.
(c) A collective bargaining agreement adopted
under AS 23.40.070 - 23.40.260 (Public Employment Relations
Act) must be consistent with principles of equal
employment opportunity and affirmative action.
AS 44.19.450 - 44.19.458 supersede the provisions of AS
39.25 (State Personnel Act).
Sec. 44.19.452. ADMINISTRATIVE REGULATIONS. The director
of the office shall adopt regulations under AS 44.62
(Administrative Procedure Act) to carry out the office's duties.
Sec. 44.19.453. AFFIRMATIVE ACTION PLAN. The governor
shall establish an equal employment opportunity program and
adopt annually an affirmative action plan for the executive
branch of state government. The plan remains in effect until
the governor establishes a subsequent plan. The office shall
work with each agency to enhance equal employment
opportunity.
Sec. 44.19.454. COMPLIANCE WITH AFFIRMATIVE ACTION PLAN.
(a) Each agency shall comply with the affirmative action plan.
Each commissioner or executive head of an agency shall adopt an
affirmative action program to implement the plan within the
agency. At the request of the office, a state official shall report
to the office about agency employment practices and activities to
implement and comply with the plan or program.
(b) When the office finds that an agency has violated the affirmative
action plan or its affirmative action program,the office may
(1) suspend the hiring authority of the agency; and
(2) impose mandatory affirmative action measures on
the agency to bring the agency into compliance.
Sec. 44.19.455. EMPLOYMENT DISCRIMINATION COMPLAINTS.
(a) The office shall accept complaints of employment
discrimination in the executive branch of state government
and shall confer with the complainant and the agency
involved to bring about an informal resolution of complaint.
(b) An agency shall notify the office when the
agency receives a complaint alleging employment
discrimination.
(c) The office may not make public the records of
a complaint or investigation.
Sec. 44.19.456. RETALIATION PROHIBITED. (a) An agency,
officer, or state employee may not directly or indirectly
refuse to hire,transfer, or promote, or dismiss, demote,
suspend, lay off, or otherwise discipline a person
for filing a complaint with the office for a failure to
comply with affirmative action or equal employment
opportunity or for assisting the office in an investigation
of a complaint.
(b) A person who knowingly violates this section is
liable for a civil penalty of not more than $1,000.
Sec. 44.19.457. ACCESS TO CONFIDENTIAL RECORDS. The
office mayhave access to all data, records, and reports
necessary to carry out its functions under AS 44.19.450 -
44.19.458. The office may not make public information
designated as confidential by AS 39.25.080 or another law.
However, the office may make public statistical
information compiled from confidential records.
Sec. 44.19.458. DEFINITIONS. In AS 44.19.450 - 44.19.458,
(1) "agency" means a department, office,
agency, public corporation, board, commission, authority, or
other organizational unit of the executive branch;
(2) "employment in the executive branch of
state government" includes employment as a permanent,
probationary, provisional, nonpermanent, or temporary employee
in the classified, partially exempt, or exempt services in the
executive branch of state government;
(3) "member of a protected class" means
a person protected by federal or state laws that prohibit
discrimination in employment or a person who experiences
or has experienced difficulty in obtaining employment or
advancement in employment because of another factor
not related to merit;
(4) "office" means the office of equal
employment opportunity in the Office of the Governor.
* Sec. 3. AS 44.21.020 (12), 44.21.500, 44.21.501, 44.21.502,
44.21.503, 44.21.504, 44.21.505, 44.21.506, 44.21.507,
and 44.21.508 are repealed.
* Sec. 4. TRANSITION. (a) Litigation, hearings, investigations,
and other proceedings pending under a law repealed by this Order,
or in connection with functions transferred by this Order, continue
in effect and may be continued and completed notwithstanding a
transfer or repeal provided for in this Order.
(b) Regulations adopted by the commissioner of administration
under authority of former AS 44.21.502 before March 18, 1995, remain in effect
until regulations are adopted under AS 44.19.452 by the director, and take
effect. The director of the office of equal employment opportunity may enforce
the regulations adopted under AS 44.21.502 until the director's own take effect.
(c) Contracts, rights, liabilities, and obligations created by or
under a law repealed by this Executive Order, and in effect on March 17, 1995,
remain in effect notwithstanding this Order's taking effect. Records, equipment,
appropriations, and other property of an agency of the state whose functions are
transferred under this Order shall be transferred to implement the provisions of
this Order.
* Sec. 5. This Order takes effect March 18, 1995.
DATED: January 15, 1995
/s/ Tony Knowles
Tony Knowles, Governor
Source:
http://www.legis.state.ak.us/folhome.htm
Alaska Information - The Alaska State Executive Orders
03/05/99