February 23, 1977

No. 1467• •• ••SENATE

FINAL REPORT OF THE JOINT SPECIAL COMMITTEE

ESTABLISHED (UNDER SENATE ORDER, NO. 1311,

AMENDED, OF 1976) TO MAKE AN INVESTIGATION

AND STUDY OF THE AFFIRMATIVE ACTION PRO­

CED\URE, SO-CALLED, FOR THE EMPLOYMENT OF

MINORITIES IN THE COMMONWEALTH WITH

PARTICULAR EMPHASIS UPON THE HIRING

PRACTICES AND THE CONTRACTUAL OBLI­

GATIONS OF PRIVATE CORPORATIONS,

UNIONS AND QUASI PUBLIC CORPORA-

TIONS AND THEIR RELATIONSHIP

WITH LOCAL MUNICIPALITIES AS

WELL AS THE VARIOUS DEPART-

MENTS, BOARDS AND COMMIS-

SIONS OF THE COMMON-

WEALTH.

NEVJ ENGLAND SCHOOL OF LA'vV LIBRARY

SPECIAL LEGISLATIVE COMMI'ITEE.ON AFFIRMATIVE ACTION

Room 506, 14 Beacon Street, Boston, 02108

Tel. 727-1694

December 29, 1976

Honorable Edward B. O'NeillClerk of the SenateState HouseBoston, Massachusetts

Dear Mr. O'Neill:

Enclosed please find the Committee's report of its findings. Atthe outset, let me give my sincere thanks to the Committee Mem­bers and staff for their dedication and effort. The Committee dida tremendous job and was in substantial agreement on most things.

Speaking only as the Senate Chairman, and not representing theviews of the whole Committee, I would like to make a few personalremarks.

The Committee had an extended discussion on the "3 + 3 rule"but could not agree as to its merits (see Report - Conclusions).I think, however, that the present civil service examinationsystem is outmoded and needs to be done away with, except formaybe some technical areas, and that traditional personnel methodsas used in the private sector should be utilized. Until somethingsuch as this can be brought about, I would, therefore, support theso-called "3 + 3 rule" and expand it to include the Handicapped.

It is also my opinion that the Executive Office of AffirmativeAction needs to be given much more support by the Governor.Mr. Charles Dotten and his staff need more than verbal support;they need a commitment.

Very truly yours,

BILL OWENSSenate Chairman

SPECIAL LEGISLATIVE COMMI'ITEE ON

AFFIRMATIVE ACTION

FINAL REPORT

COMMITTEE MEMBERS:

SENATOR BILL OWENS, Senate Chairman

SENATOR CHESTER ATKINS

SENATOR JOHN H. FITZPATRICK

REPRESENTATIVE RAYMOND A. JORDAN,House Chairman

REPRESENTATIVE THOMAS H. D. MAHONEY,Vice-Chairman

REPRESENTATIVE WILLIAM J. FLYNN

REPRESENTATIVE MARY H. GOODE

REPRESENTATIVE BARBARA E. GRAY

REPRESENTATIVE ELAINE NOBLE

Staff:

James S. Dilday, Esq., Director

Mary Berger, Administrator

Sherlaine Christmas, Secretary

December 29, 1976

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TABLE OF CONTENTS

Page

I. INTRODUCTION . ...._.. ._. __ .. ._.... _._. __.._.. -.... __ ._ 8

Purpose and Scope of CommitteeMakeup of Committee

II. PUBLIC HEARING - OCTOBER 12, 1976

A. Family Health Workers _ _._._ .. _ _.._.._._. . 9B. Hispanic Representatives _ _._ .._ . __.__ 9C. Representatives of the Handicapped ._....._._. __. . . 10D. Minority Contractors ._ _.. .. .. 10E. \\'omen's Groups _ . __. . 10

F. Massachusetts Advisory Committee to the UnitedStates Civil Rights Commission _... .. _._.._. __ ._ .._._. __.. 11

III. PUBLIC HEARING - OCTOBER 19, 1976

A. HIS EXCELLENCY, MICHAEL S. DUKAKIS,Governor of the Commonwealth of Massachusetts 12

B. JOHN R. BUCKLEY, Secretary, Executive Officeof Administration and Finance _._ _. __ .________ 13

C. CHARLES A. DOTTEN, Director, Executive Officeof Affirmative Action .._ _._._ _._ 13

D. WALLACE H. KOUNTZE, Personnel Administra­tor, Executive Office of Personnel Administration 14

E. HUGH WADE, ESQ., Chairman, MassachusettsCommission Against Discrimination . . ._. __..__ 16

F. JOHN D. CROSIER, Director, Division of Employ-ment Security _.. _.._ _. _.._ _ __ _ _.. . . 16

G. AMELIA MICLETTE, Chairperson, Civil ServiceCommission . _ ._._._. ._. __ 17

IV. PUBLIC HEARING - NOVEMBER 4, 1976

A. CHARLES V. BARRY, Secretary, Executive OfficeB. ROSE CLAFFEY, Secretary, Executive Office of

Public Safety .. _._ __.. ..._. .. _._ .. __. _._.. 17Elder Affairs _ _ _._. __ __ ._ __..__. _.._ __ 18

Page

C. \VILLIAM G. FLYNN, Secretary, Executive Officeof Communities and Development ... . .. . 18

D. EVELYN MURPHY, Secretary, ExecUitive Officeof Environmental Affairs . ._. . .. . ._.. 18

E. PAUL PARKS, Secretary, Executive Office of Ed-ucational Affairs .__ .__ __ .. . .__ ._. .._ 19

F. FREDERICK P. SALVUCCI, Secretary, ExecutiveOffice of Transportation and Construction .. 19

G. HOWARD N. SMITH, Secretary, Executive Officeof Economic Affairs . .__.. . . . 20

H. JERALD L. STEVENS, Secretary, Executive Of-fice of Human Services .. __. ._. .. .__. 20

1. CHRISTINE SULLIVAN, Secretary, ExecutiveOffice of Consumer Affairs _.... ... ._._..... __... 22

V. PUBLIC HEARING - DECEMBER 9, 1976

A. HONORABLE THOMAS P. O'NEILL, LieutenantGovernor of the CQmmonwealth of Massachusetts 23

B. HONORABLE PAUL H. GUZZI, Secretary ofState of the Commonwealth of Massachusetts _.____ 23

C. HONORABLE FRANCIS X. BELLOTTI, AttorneyGeneral of the Commonwealth of Massachusetts __ 24

D. HONORABLE ROBERT Q. CRANE, TreasurerReceiver-General of the Commonwealth of Mas-sachusetts _.. __ ._ .. . . ._. .._. .__..._.... 24

E. HONORABLE THADDEUS BUZCKO, Auditor ofthe Commonwealth of Massachus€ltts . .. ._ 25

F. MR. ALFRED C. HOLLAND, State PurchasingAgent -- -. --.- . . ._.. . ._. . _._ 25

VI. EXECUTIVE OFFICE OF AFFIRMATIVE ACTIONAND EQUAL EMPLOYMENT PANEL _. ._..__ 26

VII. CONCLUSIONS

A. Executive Order 116 _.. __ ... _._. . .... __ . _..._.._._. __. 26B. Contracts -__ . ._.. . ._ .. __. _. __ .._ _. 27

C. Executive Office of Affirmative Action __ _._ _. 27

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D. Problems of Recruitment .. ... ... ._. 27

1. Budgetary Restrictions - .. _.._. ._. . .._... 272. Civil Service System . . ._... 27

E. Training . ~ .__ . .. .. ... .. 28

F. Constitutional Officers ._. . .. __.. . . .._._ 28

G. Statistical Data .. .. ._. __ .. . ... . .__ ._ 28

H. The Handicapped .__ .. .. .. __ ._.. __.. 29

VIII. RECOMMENDATIONS

A. The Handicapped __ ... ... . . 29

B. Training Programs ..._._._..__.. .__ . 29

C. Executive Office of Affirmative Action . .. 29D. Contract Compliance . .. _. .__.__ _. 30

E. Massachusetts Commission Against Discrimination 30F. Centralized Job Referrals . . ... ..._.. . . 30

G. Electronic Data Processing System .... . 30H. Legislative Oversight . .__ ._ ... . . . 31

I. Need For Further Study . ..._..._...... ._. ._. 31

1. County Government __ ...... _. .__ . ._ .. . 31

2. Age Discrimination .__ .. .. __ .. .. _......_..._._._._. 313. Higher Education ... ... . ._. 31

IX. APPENDIX .. . ...... _._ 32

A. Sample Letter Requesting Statistical Data

B. Schedule of Advocacy Groups -- October 12,1976

C. Statement of Governor IVIichael S. Dukakis

D. Senate Bill No. 1311, March 10, 1976

E. Final Report of the Governor's Affirmative ActionAdvisory Committee - October 1975

F. Executive Order 116

G. Chapter 778, Acts of 1972H. Chapter 500, Acts of 1974

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8 SENATE-No. 1467.

SPECIAL LEGISLATIVE COMMfrrEE ONAFFIRMATIVE ACTION

[Mar. 1

cga

FINAL REPORT

I. INTRODUCTION

The Special Legislative Committee on Affirmative Action wascreated by a legislative order in the 1976 session. In June and Julyof 1976, Committee Members were selected and staff was hired.The Members of the Committee are: Senator Bill Owens (D.Boston), Senate Chairman; Senator Chester Atkins (D. Acton);Senator John H. Fitzpatrick (R. Stockbridge); RepresenItativeRaymond A. Jordan (D. Springfield), House Chairman; Repre­sentative Thomas H. D. Mahoney (D. Cambridge), Vice-Chairman;Representative William J. Flynn, Jr. (D-Hanover); RepresentativeMary H. Goode (D. Boston); Represenrtative Barbara E. Gray (R.Framingham); and Representative Elaine Noble (D. Boston).

Under Senate Bill 1311 (see appendix), filed by Senator BillOwens, the CommUtee was given broad-based powers to make aninvestigation and study of affirmative aotion in the Common­wealth with particular emphasis on the hiring practices and thecontractual obligations of private corporations, unions and quasi­public corporations and their relationship with local municipalitiesas well as the various departments, boards and commission of theCommonwealth.

The Committee reviewed various reports and recommendationson affirmative action in the Commonwealth, including the reportof the Governor's Affirmative Action Advisory Committee (seeappendix), which served as a voluntary unpaid group. In Octoberof 1975 the Governor's Committee resigned in frustration becauseit fe~t that, "the status of equal employment opportunity in 1975in the administration of the public personnel system in the Com­monweaJ1th shows no signs or hope of meeting the moral and legalrequirements of EEO law. The Committee disbands and resignslest it continue to be part of a charade."

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Most of the Legislative Committee's emphasis centered aroundGovernor Dukakis's Executive Order 116 (see appendix), promul­gated in May of 1975, because it is the primary and most visibleaffirmative action tool in the Commonwealth.

The Committee held six meetings and conducted four publichearings at which the Governor, his Cabinet Secretaries, the Con­stitutional Officers, citizen advocacy groups, the State Director ofAffirmative Action, the Chairman of the Massachusetts CommissionAgainst Disc["imination, the Chairperson of the Civil Se'rvice Com­mission, and the Director of the Division of Personnel Adrrinistra­tion were among those who testified.

II. PUBLIC HEARING - OCTOBER 12, 1976

On October 12, 1976, testimony was presented by citizen ad­vocacy groups, representing individuals and organizations asdiverse as family health workers, the handicapped and disabled,women's groups, Hispanic people, blacks, and combinations ofthese groups.

A. Family Health Workers

Some of the problems raised were that family health workerswere mainly women and therefo're assigned to low-paying jobs.Moreover, they reported that they were being driven out of theirjobs because medicaid and other state-assiSited programs did notprovide reimbursement for their services. As a result, health careunits, dependent on such funds, were sometimes reluctant to hirethem.

The family health workers requested that the Commonwealthsupport the education of people going into this field because thecurrent federal funds which support their education are runningout. They advised that state support of their education would servea three-fold goal: increase employment levels of women andminorities in the health care system, improve training opportuni­ties for women and minorities, and improve the amount of healthcare service offered to lower income people.

B. Hispanic Representatives

The Hispanic Representatives testified to the lack of an adequatejob referral system where Hispanics could be apprised of jobs

10 SENATE-No. 1467. [Mar. l'

when they were available, and the lack of any active bi-lingualrecruitment by state agencies. The fact that Hispanic people werebadly underemployed throughout the Commonwealth in all levelsof state government was also highlighted. It was therefore, sug­gested that more relevant demographic studies had to be made sothat areas with high concentrartions of Hispanic people could besingled out in order that intensive job recruitment efforts could bemade in those areas.

C. The Handicapped

Representatives of the handicapped stated that Executive Order116 was designed to help women and minorities only, but didnothing for the handicapped. They further urged that the statetake the lead in hiring handicapped people. Several representativeschastised the Committee fOlr not scheduling the public hearing ina room tha;t would provide easy access for those people oonfinedto wheelchairs. One person stated that the Massachusetts Rehabili­tation Commission, itself, has no affi:rmative action plan for thehandicapped and that only thirty'of the 800 people employed byMass Rehab have visible handicaps. One witness even oomplainedthat the federall regulations regarding employment of handicappedpeople are often not applied in Massachusetts.

D. Minority Contractors

There was also testimony from people to the effect that minoritycontractors were receiving few state contracts and one personstated that "the vast majority of the state's agencies are makingno effort to involve minority firms." A suggestion was made thatstate agencies set aside a certain percentage of their contractualfunds for minority firms, which the legislature has since codifiedunder Chapter 434 of 1976. There was also testimony thatminority-contracting firms have problems securing bonding,andit was suggested that legislation be introduced to require the bigbonding companies to reserve a certain percentage of their bondingpolicies for minority contractors.

E. Women's Groups

Representatives of women's groups reported that they con­sidered efforts to implement Chapter 500 (see appendix), whichpermits flexible and part-time w01rk hours of employees in selected

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agencies, to be inadequate. They reported a continued lack ofsensitivity to the need for upgrading and active recruitment ofwomen at all levels of employment.

The Senate Chairman, in his quelstioning of the Chairperson ofthe Employment Task Force of the Governor's Committee on theStatus of Women, elicited the response that the Commission hadindeed been "wrong" in not pushing for minority-women repre­sentation in the Administration, along with its demands ~or in­creased female participation in management positions. She added,however, that efforts were now underway to increase the participa­tion of "wo'rking class" and "Third World" women in the Com­mission.

F. Massachusetts Advisory Committee to the U. S. CivilRights Commission

Dr. Bradford Brown, Chairman of the Employment Sub-Com­mittee of the Massachusetts Advisory Committee to the U. S. CivilRights Commission, testified that the Advisory Commitee had heldpublic hearings in May of 1974 and had continued its study ofequal opportunity in the Commonwealth until the summer of 1976.He promised to turn over to the Legislative Committee oopies ofthe transcripts of these hearings as well as the completed reportas soon as they were available.

Dr. Brown expressed the disappointment of the Advisory Com­mittee in the apparent lack of results in the area of affirmativeaction. He reported that there had been considerable hope whenGovernor Dukakis issued Executive Order 116, greatly expandingthe scope of Executive Order 74. His Committee felt, however,that despite all the initial publicity, there were to date, very fewpositive results. As a matter of fact, there were still no approvedaffirmative action plans from any state agency.

Dr. Brown reported that the Governor's own advisory Com­mittee had resigned in September 1975, in frustration and in thebelief that their advice was being ignored. In submitting theirfinal report they stated that they did not want to continue to bepart of a "charade" (see Introduction).

In conclusion, Dr. Brown strongly urged that the two agenciescharged with the enforcement of affirmative action, the ExecutiveOffice of Affirmative Action and the Massachusetts Commission

12 SENATE-No. 1467. [Mar.

Againsrt Discrimination, needed to have stronger support fromAdminisrtIlation and Finance, which had not yet made affirmativeaction a top priority.

III. PUBLIC HEARING - OCTOBER 19, 1976

A. Governor Michael S. Dukakis

Governor Dukakis appeared before the Committee at its publichearing on October 19, 1976. He read a prepared statement (seeappendix), which stated that he had inherited an archaic, red-tapefilled personnel system that was suibstantia:lly based on patronage.He claimed that during his administration, the number of femaleand minority group employees in the Executive Branch had in­creased while overall employment in the Executive Departmenthad decreased. The Governor also expressed pride in the fact thatfor the firsrt time in the history of the Commonwealth, we had afull-time Affirmative Action Director. The Governor t01d the Com­mittee that the Affirmative Action Director had a direct line ofcommunication to him through the Governor's Cabinet Co­ordinator, and that the Director of Affirmative Action had sign-offpower on hiring in certain situations. The Governor spoke aboutthe absence of legislative suppO'rt in funding the Affirmative ActionOffice, but was chided by the Committee for nOlt making more ofan effort to work with the Legislature on this issue.

In response to a question from the Com'mittee about includingthe handicapped in Executive Order 116, the GO'vernor respondedthat he had not intended that the handicapped be indudedbecauseto do so might lock too many things into the Executive Order andmake it less effective.

When asked whether he would consider terminating peoplewhose agencies were not in compliance with affirmative actiondirectives, the Governor srtated that it would depend on the questionof motive, the reason for non-compliance and what could be doneto work out a solution to the probJem.

The Committee reminded the Governor that although he hadappoinrted minorities to highly visible positions, they were still notthoroughly integrated through the work force. The Governoradmitted that this was a problem and said it would have to beresolved by the Division of Personnel Administration and the

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agency heads who had more day-to-day involvement with hiring.The Governor also reminded the Committee that his administra­tion had insisted thaJt affirmative action language be induded inall collective bargaining agreements.

After being quesrtioned by the Committee, the Governor statedthat the Secretary of Adminisrtration and Finance had overallresponsibility for implementing and interpreting Executive Order116. The Governor also acknowledged that there were no guide­lines as to how the Executive Order should be interpret,ed, but thatthe Secretary of A and F periodically releases bulletins on ques­tions of interpretation.

B. John R. Buckley) Secretary of the Executive Office ofAdministration and Finance

Secretary Buckley, as the person with responsibility for theinterpretaJtion of Executive Order 116, told the Committee thatoverall, the number of females and minorities employed by theCommonwealth had risen, while the number of white males em­ployed had decreased. When asked what success he had had inobtaining information from other agencies on their employmentfigures, Secretary Buckley stlaJted that he could not get completeinf.ormation of that sort until the computer system is improved.

Secretary Buckley also stated that as of October 19, 1976, therehad been only one question of an enforcement problem under theauspices of the Equal Opportunity Panel which was created underExecutive Order 116 (see discussion on this panel page 26). Infurther testimony, Secretary Buckley admitted that his office hadyet to submit an affirmative action plan to the Affirmative ActionDirector, as required by Executive Order 116. When questionedabout this, Seoretary Buckley said the delay in submitting his planwas caused by "mixed signals" between him and the AffirmativeAction Director as to what should be included in an affirmativeaction plan.

C. Charles A. Dotten) Director of the Executive Officeof Affirmative Action

Mr. Dotten testified that it was his responsibility to implementExecutive Order 116 and that part of his responsibility was toreview the affirmative action plans of the various agencies' andappointing authorities. Mr. Dotten also reported that his office

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had held two three-day workshops on affirmative action in Amherstin August of 1975. He said that all of the affirmative action officersworking in state agencies, as well as Assistant Secretaries, wereinvited to attend. These workshops were designed to give affirma­tive action officers insight into preparing affirmative action plans.

When asked ahout the submission of affirmative action plans,Mr. Dotten informed the Comm,ittee that most agencies had nOltsubmitted these plans. In fact, he stated that out of 105 planswhich he should have received, he had only received 33, and ofthose 33, only one was acceprtable.

After detailed questioning by the Committee, Mr. Dotten srtatedthat the guidelines which he had distributed to the affirmativeaction officers at the workshops had never been distributed to thevarious Secretaries. When asked why, Mr. Dotten replied that therewas a cost factor in the distribution of guidelines but agreed to seethat copies of the guidelines were distributed to the Secretarieswithin a month. Mr. Dotten also stated that although he was hiredin the faJI of 1975, he was not given staff until the spring of 1976,and his office continues to be understaffed at this time.

When questioned as to the "mixed signals" which SecretaryBuckley had spoke'll about, Mr. Dotten said, "there were major andminor disagreements, but the major disagreements are in thepast." Mr. Dotten also testified that if affirmative action plans werenot received by Friday (10/22/76), he would shut off hiring forthat agency. In further testimony, Mr. Dotten emphasized that hisoffice had no authority over the affirmative action officers em­ployed by the various appointing authorities and agencies. Hestated that they were accountable to their respective agencies andin no way could they be considered as his staff.

D. Wallace H. Kountze) Personnel Administrator of theDivision of Personnel Administration

Mr. Kountze informed the Committee that his office was actuallythe result of a merger between the Division of Civil Service andthe Bureau of Personnel Standardization. The merger was accom­plished by Chapter 836, Acts of 1974.

Mr. Kountze testified that he has reorganized the division intofour operational bureaus;

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Classification BureauExamination BureauPersonnel Records BureauEmployment Development Bureau

The Classification Bureau is responsible for test constructionand development of all civil service examinations held at both thelocal and state levels. This bureau is responsible for insuring thatthe white middle-class biases inherent in past and present examina­tions are eradicated. The Division has reviewed promotionalexams for the Boston Police Department to try and rid them ofcultural biases. It is trying to put together a "Blue Ribbon" Com­mittee of testing experts to review the Division's entire testingprocess to insure that these cultural biases are deleted and thatthe exap1 has a direct re~ationship to the job. The ClassificationBureau is also responsible for updating and modernizing the Com­monwealth's Classification plan. Mr. Kountze anticipates that thisbureau will be able to properly code and classify all jobs in thestate; thus, enabling wen defined career ladders to be established,reducing job titles from 2600 to approximately 1500, and alsoproviding a basis for realistic entrance requirements.

In speaking about the O'ther bureaus, Mr. Kountze reported thatthe Examination Bureau is responsible for preparing applicationsfor exams, notifying applicants of the exam date and location,administering the exams, sooring the exams, notifying applicantsof their scores and ce'rtifying said scores to the various cities andtowns throughout the Commonwealth. The most important activitythe Examination Bureau is engaged in at this time is trying toreduce the huge backlog of exams which have to be given. TheDivision anticipates that it can reduce a backlog of 4,000 examsto approximately 800 by December 1977.

The Personnel Records Bureau is actually the recruiting andreferral component of the Division and is involved in placingpeople throughout the state, emphasizing the place'ment of minori­ties and women.

The Employee Development Bureau is designed to providedevelopmental tools for employees through the identification oftraining needs and subsequent development of the curriculum tomeet the identified needs. Mr. Kountze further stated that becauseof lack of adequate resources, this program has not been developed

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very well but the Division of Personnel Administration feels thata change for the better is going to come in the near future.

Other areas which this Bureau is involved in are an alcoholic­rehabilitation program for state employees and coordination of thefiexi-time program. The fiexi-time program aHows people to workeither part-time or to set up their own hours on a full-time basis,as long as the person is able to work during the core hours of11: 00 a.m. to 2: 00 p.m. The fiexi-time idea is of invaluable use towomen with children because it allows them to set up their workschedules around the needs of taking care of their children.

E. Commissioner Hugh Wade) Chairman of the MassachusettsCommission Against Discrimination

Commissioner Wade stated that, in general, the MCAD's respon­sibility under Executive Order 116 was to review the affirmativeaction plans which have been submitted, to oversee their imple­mentation and to be responsible for promulgating guidelines, whennecessary. Commissioner Wade, after being queSJtioned by the Com­mittee Chairmen, SJtated that he found it difficult for the MCADto perform its functions under Executive Order 116 because theorganization was understaffed. When further questioned on staffing,Commissioner Wade responded that present budgetary restraintswithin his Secrmariat would not aHow him to expand his staff.

In response to questioning by the Committee, CommissionerWade also testified that physically-disabled and handicapped peoplewere not covered under the MCAD's enabling legislation andrecommended that the Committee look at the Department ofHuman Services to investigate its provisions concerning jobdiscrimination against the handicapped. Commissioner Wade alsoreported thart: the Commission had an active program to try andeliminate discrimination in srt:ate-awarded contracts. They arealso very busy with A-95 reviews to determine whether citiesand towns are in compliance with affirmative aotion regulations.

F. Mr. John D. Crosier) Director of the Division ofEmployment Security

Mr. Crosier testified that his agency's affirmative action planwas presently being revised by the affirmative action officer andwould be submitted to Mr. Dotten's office shortly. Mr. Cros'ie'r alsoreported that he would go out of his way to prevent competitive

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examinations if this would allow him to recruit more minoritiesand women.

G. Commissioner Amelia Miclette) Chairperson of theMa8sachusetts Civil Service Commission

Commissioner Mielette testified that new alternative certifica­tion lists are necessary in order to bring more minorities andwomen into the state labor force and reported on the on-goingpublic hearings on proposed civil service rule changes.

IV. PUBLIC HEARING - NOVEMBER 4, 1976

On November 4, 1976, the Special Legislative Committee onAffirmative Action heard testimony from the Governor's CabinetSecretaries on how affirmative action was being implementedwithin their departments. Each had previously been requested tobring detailed information on the numbers of handicapped,minorities and women hired during their tenure, at all levels ofemployment, as well as the numbers and dollar amount of contractslet to minority and women entrepreneurs. The quality of the testi­mony varied but, in general, the Committee was shocked to learnof how difficult it was to obtain this data from the Commonwealth'spresent information-retrieval capability.

A. Secretary Charles V. Barry) of the Executive Officeof Public Safety

The statistics of the Executive Office of Public Safety did notshow a breakdown of minoifity women. In response to questioning,Secretary Barry reported thaJt of the thirty new examiners to behired in the Law Enforcement section, thirteen will be minorities,and there will be no women. The hiring of minorities has comeabout because of a special 778 exam (see appendix), given in June1975. He said that given the startus of the present civil service list,he did not see what could be done about including women. He alsoadmitted that the percentage of minorities was very low in theregistry and the state police; he hoped and intended to increasethe number, but could not say by how many.

As far as the handicapped were concerned, the Secretary statedthat he was sensitive to their needs but had not been able to dotoo much in this area.

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He was not able to give the Committee any information on theletting of contracts.

B. Secretary Rose Claffey, of the Executive Officeof Elder Affairs

The Committee was pleased at the efforts of Secretary Claffeyto hire the elderly. This department has no agencies and only atotal of 67 people on the staff, including two parttime affirmativeaction officers. Figures on the amount of money spent on contractswere not available at the time of the hearing.

C. Secretary William G. Flynn, of the Executive Office ofCommunities and Development

Secreta1ry Flynn reported that most of the money spent in hisdepartment comes from the federal government and the Depart­ment of Communities and Development is therefore obligated toconform to federal EEOC regulations, which include subm.itting tofederal audits. As far as the letting of contracts is concerned, hereported that a new recording system is being set up so thatinformation regarding awards to minorities and/or women willbe more readily available than at the present time. He indicatedthat a majolr problem minority firms continued to have was thedifficulty in obtaining bonding.

D. Secretary Evelyn Murphy, of the Executive Office ofEnvironmental Affairs

In response to a question from the Senate Chairman, SecretaryMurphy reported that all five Commissioners in her Secretariatwere white males; three of the four Associate Commissioners arewomen (two minorities). She stated that out of the approximate4000 jobs throughout her Secretariat, 400 are in grade 16 andabove, and only between one and two percent are minorities.

Secretary Murphy explained that the affirmative action p~lan forher Secretariat had not yet been submitted to the Executive Officeof Affirmative Action, because she was waiting for the plans fromeach of her Commissioners.

In response to criticism from the Committee regarding theapparent decrease of minorities in her Secretariat, SecretaryMurphy complained of the inadequate number of staff availableto run her office properly.

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In a discussion on how contracts were let, Secretary Murphydescribed the makeup of the Metropolitan District CommissionLiaison CO'mmittee, wbich signs off on such contracts, as consist­ing of representatives from the agency, State Office of MinorityBusiness Assistance, Contractors Association of Bomon and ThirdWorld Jobs Clearinghouse; one half of this Committee is composedof minority representatives.

E. Secretary Paul Parks, of the Executive Office ofEducational Affairs

In response to questioning from Committee Members, SecretaryParks emphasized that the Board of Higher Education, not theoffice ·of the Secretariat, had control of the hiring and implemen­tation of affirmative action in the state college syste'm, althoughthe Secretary can approve job slots in the budgetary process. Heacknowledged that the fact that EEO officers do not have securepositions or tenure, could prevent them from behaving as aggres­sively as they should. Their positions are usually funded out of"soft" money, that is, most likely, federal grants which can bewithdrawn at any time.

F. Secretary Frederick P. Salvucci, of the Executive Office Of

Transportation and Construction

Secretary Salvucci testified that "significant progress is beingmade among our various appointing authorities with regard to theincreased involvement of females and particularly of minorities.At the Turnpike Authority, of 150 persons hired since January1976, 45 have been minorities and 20 have been women, a figurewhich represents more minority hires than the total of the fourpreceding years ...

"It goes without saying that the Department of Public Workshas encountered serious difficulty in overcoming the rigorous civilservke requirements; the long delays, the lack of an effectivesystem for recruitment of minorities and women, and other twistsand turns involved in the system. As a result, the Department hasbeen very effective in bringing minorities and women into eithernon-civil service jobs or provisional temporary positions, but hasnot yet found a way to effectively overcome obstaC'les presentedby the civil service system to bringing minodties and women inon a wholesale basis, as it would like to do ...

20 SENATE - No. 1467. [Mar.

"Currently underway at the Department of Public Works andthe Massachusetts Bay Transportation Authority are two separateminority contractor set-aside programs which require a certainminimum percentage of minority contractor participation onspecific pilot projects taking place within the minority communityof Boston and across the state." He submitted a "model contract"which he thought could be used by all other state agencies in their"set-aside" programs (see appendix).

G. Secretary Howard N. Smith) Executive Office ofEconomic Affairs

Secretary Smith stated that a benefit of the recent emphasis onaffirmative action, including the Special Legislative Committeehearings, has been "to cause us to double our efforts". He :reportedthat most of the newly-hired positions in the Department of Man­power Affairs are federally funded. As far as contracts are con­cerned, the Secretary has asked his agencies to review all contractsso that they can nolW be logged centirally in his office. Regardingthe top personnel in his Secretariat, Secretary Smith stated thatthere are three Assistant Secretaries, and five department heads;of these, one Assistant Secretary, with major responsibility for theComprehensive Employment Training Act (CETA), is a minorityas is the Chairman of the Industrial Accident Board; there are nowomen at this level.

In a discussion of the CETA program, the Secretary emphasizedthat the eligibility rules were set down by the federal governmentand that the Department of Labor monitors the program veryclosely. He stated that there is a "high minority orientation" inthe CETA recruitment policies and an active grievance procedure.After recruitment, the people are hired directly by the stateagencies.

Regarding the use of Chapter 778 for training, Secre'tary Smithbelieved that the program was inadequately publicized and difficultto administer. No administrative bulletins have as yet been issued,but a manual for its use is now being prepared to be disseminatedto state agencies.

H. Secretary Jerald L. Stevens) of the Executive Office ofHuman Services

Secretary Stevens reported that in his opinion, some fairly

1977.J SENATE-No. 1467. 21

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significant increases in minority hiring had occurred in the Depart­ment of Human Services between 1975 and 1976, although inpercentage terms, the gains might be modest. "In the first halfof 1975, the mino['ity hiring rate for aU the Hum,an Servicesagencies was 10.6%; in the first six months of 1976, we hiredmino['ities at a rate of 11.4%. But the numbers show that wedoubled minority hires during that period from 204 in 1975 to430 in 1976. I think that shows we're moving in the right direction."

Out of the eleven Commissioners, only' one was a minorityperson. Out of the 1100 Department of Public Welfare employeesin grade 16 and above, only 35 are minorities. As for the top staffwithin the Secretariat, there are three Assistanrt Secretaries andone Under-Secretary; of these, none are minorities and one is awoman. The Secre!tary felt that several severe obstacles stood inthe path of his gene~al commitment to affirmative action, includinga rigid civil se'rvice system, and management salaries which arenon-oompetitive with those in the private sector.

Secretary Stevens hoped to have affirmative action plans for allthe major agencies in Human Services ready by December 1st. Hereported that the plan for his own office will be written after hehas reviewed the agency plans because he needs their statisticalanalyses. He expressed dismay at the problem of obtaining thenecessary accurate data for the Oommittee without adequatecomputer oopaibility. Sec'retary Stevens added that he hoped toinclude the handicapped in his overall affirmative action plan, notonly because of the popula!tionhis agencies serve, but also becauseof the federal require'ments.

In response to a question from the Committee, regarding effortsto have the Department of Corrections staff reflect the ethnic/racialbackground of its clientele, the Secretary stated he believed thatgoals should reflect a mix of the inmate population as well as theavailable and broadly-intepreted hiring pool.

As far as contracts are concerned, the department has been incontact with the State Office of Minority Business Assistance inefforts to develop '!ists of minority enterpreneurs. The Secretarysaid that this was an area that still required a good deal of workand that complete information was hard to assemble, but reportedthat he believed 18% of the Depa~tment of Public Welfare's and3% of the Division of Youth Service's contracts go to minority-

22 SENATE-No. 1467. [Mar. 1~

oriented agencies.In a discussion of the role and function of affirmative action

officers, the Secretary reported that all but one of the Hum,anServices agencies has a full-time officer. They meet regularly withMr. Dotten but report directly to their Commissioners. Mr. Stevenswas most concerned regarding the inadequacy of the presentcomputer capability of his department and was disturbed at howmuch of the affirmative action officers' time was spent on justgathering statistics.

I. Secretary Christine Sullivan) of the Executive Office ofConsumer Affairs

In response to the Committee's question regarding the numberof minorities in grade 16 and above, Secretary Sullivan said thatthe major problem was the lack of authorized positions in thesecategories within her department. She stated, however, that Com­missioners Stone (Insur'anee) and Greenwald (Banking) wereactively recruiting minorities and women for their departments.As far as the use of Chapter 778 was concerned, the Secretaryreported that since there were so few positions available it hadnot been used but that CETA had been tapped to supply neededheld in heir office.

When asked whethe'r or not minorities would be appointed to"each and every Commission", Secretary Sullivan replied that itwas sometimes difficlrlt to find a person who met all the statutoryrequirements and, therefore, she could not guarantee a minorityappointment in every case but would send a list of all the potentialboard vacancies to the Committee Members, so that they mightmake suggestions for people to fill these spots.

The affirmative action plan for the Secretariat office was com­pleted but she was planning to go over each individual Com­missioner's plans and had requested a staff conference with Mr.Dotten prior to its submission to his office.

As far as minority contractors were concerned, SecretarySullivan stated that her Secretariat had very little money for theallocation of contracts but that the Department of Public Utilitieswhich did have some money for contracts, had awarded an un­specified amount to minority and women entrepreneurs.

Regarding the recruitment service of the Department of Per-

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sonnel Administration, Secretary Sullivan stated that although thissection had been utilized at all times, no referrals had ever beenreceived.

V. PUBLIC HEARING - DECEMBER 9, 1976

On December 9, 1976, the Special Legislative CommHtee onAffirmative Action held a public hearing to hear testimony on howaffirmative action was being carried out by the Commonwealth'sConstitutional Officers, other than the Governor.

A. Lieutenant Governor Thomas P. Q}Neill

The Lieutenant Governor reported that he uses ExecutiveOrder 116 as a guide for affirmative action in his office. He re­ported that, borth in the office of federal/state relations and in hisown office, 85% of his staff is female; of this, 16% of the femalestaff is minority; 20% of the total staff is Black; there are nohandicapped. Since funds for the operation of his office are largelysupported by federal funds, he generally follows federal guidelines.His office has been working closely with Charles Dotten of theExecutive Office of Affirmative Action in preparing the guidelinesfor the Lieutenant Governor's attempts to implement affirmativeaction policies.

He strongly recommended to the Legislative Committee that theGeneral Court adequately fund the affirmative action process butwhen questioned, he stated that he was not sure whether theExecutive Office of Affirmative Action had been included in thebudget submitted by Administration and Finance to the Legisla­ture.

B. Secretary of State} Paul H. Guzzi

Secretary Guzzi reported that of the total number of 172 peopleon his staff, 16 are minorities; 14 of the 26 supervisory personnelare women, 3 are handicapped. The figures represent a 2% increaseover the previous administration although 16% of those newlyhired have been minorities.

As for the contracts let by the Secretary of State's office, Secre­tary Guzzi reported that their major contracts are for printing,particularly during elections. For these major contracts, generallyonly one or two of the largest printing firms in the Commonwealth

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24 SENATE - No. 1467. [Mar.

have the capability for the job. For the other smaller jobs, oneminority-p'dnting firm previously used has since gone outl of busi­ness. Since most minority businesses are smarr! and cannot wait forpayment, which usually takes an inordinante length of time on thestate level, they have difficulty competing with larger firms. TheSenate Chairman offered to give the Secretary names of otherminority firms who might be in a position to compelte.

The Committee expressed its confidence that the Secretary ofState had made a most sincere effort to implement affirmativeaction goals in his office but also expressed their regret that hehad not been able to eradicate the ills of unequal emplOYmentopportunity, even though his commitment and sensitivity werereadily apparent.

C. Attorney General Francis X. BellottiAttorney General Bellotti reported that the basic plan for

amrmative action on which his office relies is the plan designed byAttorney General Robert Quinn in July of 1974.

The Attorney General stated that he was not satisfied with theresults of his efforts to recruit minorities. He has spent a good dealof time meeting with groups such as the Black Lawyers Association,and area colleges and law schools; he has encouraged the employ­ment of minorities as summer interns; he makes extensive use ofall the media as well as his wide-ranging personal contacts. Hefeels, however, that the results are not as good as he would likethem to be.

When questioned as to how his policy on requiring full-timecommitment of the lawyers in his office might affect the hiringof women, the Attorney General replied that he recognized theproblem but would not be able to be more flexible until he felt hisoffice was more securely under his controL

Only about $50,000 was spent on con:traCl1:s, induding consultants,within the past year by his office, but the Attorney General couldnot say how many of these contracts might have gone to women orminorities.

D. Treasurer Robert Q. CraneTreasurer Crane reported that because an all-out, extensive

effolrt to hire minorities had been made when the Lottery cameinto being, 71j2 % minority emplOYment was achieved. In the

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Treasurer's office, itself, however, 95% of the personnel has beenthere five years or more. Therefore, it ha:s been difficult to domuch about affirmative actiorr. He confessed that pelrhaps affirma­tive action had not been a high enough priority up to this time inhis office and was now willing to consider hiring an affirmativeaction officer to help bring about some changes.

In this regard, he requested help of the Committee in developingan affirmative action plan for his office.

E. Auditor Thaddeus Buzcko

Auditor Buzcko reported that although not required to do soby law, the Auditor's office is using Executive Order 116 as thebasis for its own affirmative action program. His major problemhas been to find minorities and women to fill vacant positions. Hefeels that state pay scales are too low since, for example, thetrained auditor entry level is only $9,600; in the Federal Govern­ment the pay for similar experience would be $11,000 to $14,000;in priva1te industry the range is from $13,000 to $18,000.

The Auditor could not state what dollar amounts go to "ThirdWorld" or female contractors at this time, and has no mechanismat present to determine same.

In response to the written request by the Co'mmittee for specificdata, the Auditor submitted the moSft impressive report receivedby this Committee. The Committee can only conclude that, in thiscase, a:s in the others, the planning necessary for such reportswould never have occurred without its prodding.

F. Mr. Alfred C. Holland

Mr. Holland presented the affirmative action plan his office hadprepared for Mr. Dortten on November 3, 1976. This plan showsthat of the 65 employees in the state purchasing office, there are29 males and 35 females; of these, there is one male minority andno handicapped. A majority of those holding the most significantjobs in the department, that of purchasing, are women.

Mr. Holland complained that his office has recently lost twenty­five positions and practically no hiring has been done. At present,Administration and Finanee has a request for four positions andif these could be approved, he would be willing to fill them all withminorities.

Several members of the Legislative Committee expressed interest

26 SENATE-No. 1467. [Mar.

in how the new Small Business Purchasing Act might helpminority businesses. Mr. Holland reported that a COommitrtee, madeup of representatives from the State Office of Minor1ty BusinessAssistance, the Department of Commerce, and the PurchasingOffice, has been meeting to. wO'rk out the guidelines for "set-asides"as required by the act.

VI. EXECUTIVE OFFICE OF AFFIRMATIVE ACTIONAND EQUAL EMPLOYMENT PANEL

Executive Order 116 created an Equal Employment Panel whichwas designed to be called into use when there was an instance ofnon-complianoe with an approved affirmative action plan. The onlytime the Equal Employment Panel was activated was to resolve adispute between the Affirmative Action Direotor and the Board ofRegistration of Real Estate Brokers and Salesmen.

The dispUlte arose after Charles Dotten tried to initiate a hiringfreeze in that agency because of what he considered non-eompliancewi1:h affi:rmative action in the filling of a vacancy for the Execu­tive Director's position. In an effort to resolve this dispute, a hear­ing by the Panel was held on October 4 and 21, 1976 and a decision·handed down on November 4, 1976.

The Panel, appointed by Secretary Buckley, oonsisted ofRoderick Ireland, Counsel to the Executive Office of Administrationand Finance, Panel Chairman; Dolores Mitchell, the Governor'sCabinet Coordinator; and William Flynn, Secretary of Com­munities and Development. The Panel, after hearing oral testi­mony and reviewing written evidence, decided that the hiringfreeze should be lifted and that Mr. Dotten erred in not personallynotifying the Chairperson of the Board of Registration of RealEstate Brokers and Salesmen of affirmative aotion requirements.

VII. CONCLUSIONS

A. Executive Order 116

As a result of the public hearings and staff interviews, the Com­mittee found that Governor Dukakis, ithrough his Executive Order116, had greatly increased the scope of affirmative action fromthe previous Administration, but that many problems continue toexist relating to the implementation of said Order.

1977.J SENATE-No. 1467. 27

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B. Contracts

One of the positive results which the Administration hasachieved, is the incorporation of affirmative aetion language intogoods and services contracts 'let by state ageneies. Such languagehas ailso been incorporated into the rec'en'tly signed contractsbetween the Commonwealth and the Lahor Unions, representingstate employees.

It was also evident from the public hearings that there was analmost complete lack of sensitivity, except for the Executive Officeof Transportation and Cornstruction, to the question of the lettingof contraots to minority and female controHed businesses by stateagencies.

C. Executive Office of Affirmative Action

The Committee found that there was inadequate funding andstaffing of the Executive Office of Affirmative Action. As a matterof fact, the office does not appear to be included as a separate itemin the Governor's proposed 1978 budget.

Testimony indicated that problems exist concerning the inter­action and function of the Executive Office of Affirmative Actionand the Executive Office of Administration and Finance. As a result,there continues to be a lack of clarity throughout the ExecutiveBranch as to the actual authority of the affirmative action office,even though Governor Dukakis testified that Charles Dotten hadcomplete authority to implement Executvie Order 116 and a directline of communication to his office.

D. Problems of Recruitment

1. Budgetary Restrictions

Budgetary restrictions imposed by the Executive Branchhave hampered efforts to bring women, minQrities and thehandicapped into the state 1abor force, because job cutbacksand hiring freezes affect these classes of people much morethan white males who have always had beHer access to jobs.

2. Civil Service System

Testimony before the Com,mittee indicated that the currenteivil serviee system has had the practical effect of keepingsome women and minorities out of the starte employmentsystem. The Division of Personnel Administration and the

28 SENATE - No. 1467. [Mar.

Executive Office of Affirmative Action have p~oposed a civHservice rule change. KnolWIl as the "3 +3" rule because it wouldallow the appointing authodty to interview not only the topthree scorm"s on an examination, but also three women orminorities who have passed the exarnination. The proponentsof this rule state that it wHI art: least assure women andminorities of the chance to be considered for employment.

The rigid civil service structure and irnadequate pay scalesas opposed to the private sector are a:lso a factor which makeit more difficult to bring professional women, minorities andthe handicapped into state governmenlt. This problem wasparticrua:rly emphasized by Attorney General Beloltti and StateAuditor Thaddeus Buzcko when they I"elated their p1roblemsfinding 'lawyers and accountants.

E. Training

The Com1mititee found that there is a need :for on-the-job train­ing and other programs to bring disadvan1taged people into thework force. Chapter 778 of the Acts of 1972 was designed for thispurpose but has been used sparsely and continues to have bureau­cratic problems.

F. Constitutional Officers

As a result of the public hearings with the ConstitutionalOfficers, the Committee learned that, although they welre notlegaHy bound by Executive Order 116, they were all aware of itand felt some obligation :00 comply with it. In addition, the Con­stitutional Officers reported that they had become sensitized toaffirmative action as a result of the public hearings and wouldstrive to improve their performance in this area. (See testimonypages 27 - 31).

G. Statistical Data

The Committee had requeslted certain sta:tisrtical informationfrom each of the various branches of the executive departmentand the Constitutional Officers, but because of a lack of computersophistication and the submission of incomplerte and irrelevantdata, no detailed S1ta:tisrtical analysis was able to be made. Whatwas apparent, however, was that although women Hnd minoritieswere be-ing hired in greater numbers than ever before, top jobs

1977.] SENATE-No. 1467. 29

were still going to white males.

H. The Handicapped

Throughout the pUJbUc hearings, it was apparent that neitherthe Governor's Office, nor the Secretaries, nor the ConstitutionalOfficers showed adequate concern for the plight of handicapproindividuals, and few had plans for bringing handicapped peopleinto their respective work forees.

The plight of the handicapped was further brought into perspec­tive by testimony concerning the Ma'ssachusetts RehabilitationCommission which only reeently brought on a handicapped personas a Commissioner. (See section II C, page 10.)

VIII. RECOMMENDATIONS

A. The Handicapped

The Governor and the Legislature should take steps to makesure that the physically-handicapped people in the Commonwealthare included in Hill affirmative action and equal opportunitymeasures and guidelines. The handioapped have often been left outwhen employment discrimination laws have been passed and :thispractice should be rectified immediately. The Committee recom­mends that the hiring of handicapped individuals be increasedthroughout state government, and that the Massachusetts Rehabili­tation Commission should take a leading role in this effort.

B. Training Prograrns

Training programs which can bring women, minorities and thehandicapped into the state work force should be developed. Theprograms should be two-fold in nature: one should be on-the-jobtraining and the other, a progflam which trains and preparespeople for their appropriate civil service examinations.

C. Executive Office of Affirmative Action

The concept of the Executive Office of Affirmative Action needslegislative sanction, to make the offiee a permanent one and toprovide it with suffieient staff to operate on a high level. Coordina­tion between the office of Affirmative Action and the affirmativeaction officers representing the various agencies and appointingauthorities is essential. The affirmative action officer should be

30 SENATE-No. 1467. [Mar.

"

responsible only for affirmative action and not be required to peT­

form other jobs in their respective agencies. The Executive Officeof Affirmative Action should be given more support by theGovernor in its attempts to change some of the inequities in thestate employment system.

D. Contract Compliance

A central office of contraet compliance should be establishedwith rules and regulations which insure that minority and female­controlled businesses receive a ce'rtain percentage of state con­tracts, whether for goods and services or for construction. TheMassachusetts Commission Against Discrimination and the StateOffice of Minority Business Assistance should work in concertwith this central office. The MCAD should also have the responsi­bility to insure that contractors receiving sitate contracts havepractical, working affirmative action plans priQir to being awardedstate contracts.

E. Massachusetts Commission Against Discrimination

The Massachusetts Commission Against Discrimination shouldhave increased funding and s'taffing so that it can pe·rform itsstatutory functions, as well as those functions mandated to it byExecutive Order 116. It is hoped that the reorganized MCAD willreceive more support from the Governor, to enable it to becomea more viable organization.

F. Centralized Job Referrals

The cental job referral office should be strengthened and allagencies and appointing authorities should be required to use itwhen jQib vacancies oecur. This office should be able to coordinatethe employment vacancies in state government and interact withrepresentatives of the handicapped, women's groups and minoritygroups throughout the Commonwealth. This referra'l office shouldemploy peopJe familiar with organizations of the handicapped,women and minorities. The COlmmittee recommends this, but hopesit will not become the sole source for such outreach, and encour­ages agencies to utilize other sources as well.

G. Electronic Data Processing System

The Commonwealth should revise its present electronic dataprocessing system so that it will have the capability to break

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down employment statistics for the state by sex, race, and jobgrade and agency. The data processing system should also havethe capability to evaluate and develop concrete managerial infor­mation systems.

H~ Legislative Oversight

The Ways and Means Committee in both branches of the Legis­lature should explore the possibilitty of establishing permanent sub­committees to review affirmative action plans and their implemen­tation by the various appointing authorities and agencies prior tobudget approval.

1. Need For Further Study

The Committee recommends that furtheT study by the Legis­lature is needed in the following areas:

1. County Government

The system of county government in the Commonwealthshould be reviewed to see how the various counties are im­plementing equal employment opportunity, and affirmativeaction for women, handicapped people and minorities.

2. Age Discrimination

The problem of age discrimination should be explored ona state-wide basis to make sure that elderly and youthfulemployment seekers are not being denied access to jobsbecause of their age.

3. Higher Education

The function of equal employment oppm1:unity in the state­administered higher education system which inc1udes the com­munity colleges, state colleges, University of Massachusetts,etc., should be investigated because the Committee has re­ceived several complaints about the lack of sensitivity toaffirmative action throughout the higher education system.

32 SENATE-No. 1467.

IDh,r (lInmmnuwralth, of Sanuarh,uarttn

SPECIAL LEGISLATIVE COMMITI'EE ON

AFFIRMATIVE ACTION

Room 506,14 Beacon Street, Boston, 02108Tel. 727-1694

[Mar. 197

6

October 25, 1976

Mr. John R. Buckley, SecretaryExecutive Office of Administration and FinanceState House, Room 312Boston, Massachusetts 02133

Dear Secretary Buckley:

The Special Legislative Committee on Affirmative Action wishesto express its apprecialtion for your testimony at its Public Hearingon October 19th. At that time you indicated that further personnellstatistics were availabJe which you would be wiJtling to forward tous. We would weloome all data which is now available regardingpersons hired and terminated since July 1, 1975 broken down intocwtegories of grade, sex and minorities.

On November 4th, the Committee wiH hold another hearing forthe express purpose of hearing testimony from Cabinet Secretaries.We have, therefore, requested each Secretary to obtain fromappropriate sources the following:

1. Which agencies have submitted affirmative action plans;

2. How many people have been hired by each major agencyfrom July 1, 1975 through September 30, 1976;

3. Of the total hired for this period:how many were minorities,how many were women,how many were hired at grade 16 and above;

4. Of those hired at grade 16 and above:how many were minorities,how many were women;

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5. For the same period, and in the same categories, how manywere terminated.

6. The total number of contracts, and their dollar value,awarded for goods, services and construction; of these, howmany and at what value, were awarded to minority and/orwomen entrepreneurs.

Since you have already appeHred before the Committee, we arenot requeSlting that you appear again, but you are of course wel­come should you wish to attend. In any case, we would very muchlike to have the above infolrmation as it relates to the Office ofAdministration and Finance and request that you send it to us byNovember 4th.

If you have any questions, please do not hesitate to call. Thankyou again for your cooperation.

Sincerely,

BILL OWENSSenate Chairman

RAYMOND A. JORDANHouse Chairman

34 SENATE - No. 1467.

SPECIAL LEGISLATIVE COMMITTEE ON

AFFIRMATIVE ACTION

TESTIMONY

PUBLIC HEARING, OCTOBER 12, 1976

[Mar. 19,

Dr. Bradford Brown, Co-Chairman - Employment Sub-Committee,Mass. Advisory Committee to the U. S. Civil Rights Commission

Ms. Anna Stowe - New Professionals in Health Care

Ms. Barbara Tamkle

Ms. Sharon Walker

Ms. Pat Abrahamson

Ms. BetsyStevvart

Ms. Sylvia Glickman - Forum for the Handicapped

Mr. Roger Cute, Chairman - State Steering Committee, WhiteHouse Conference on Handicapped Individuals

Ms. Vivian Thompson, President-Mass. Association of Paraplegics

Mr. Henry Dufresne, Mass. Rehabilitation Commission

Ms. Janet Selcer - 9 - 5, Inc.

Ms. Sharon Johnson

Ms. Connie Sullivan

Mr. Ted Landsmark - Contractors' Association of Boston

Mr. Mark Weiss, Esq. - Mass. Law Reform Institute

Mr. David Lee - Recruitment and Training Program

Mr. Miguel Torrado - HOPE

Ms. Victoria Mederos - IMAGE

Mr. Ronnie Robisnon - State Economic Opportunity Council

Mr. Jack Bockian, Director

Professor Gerdes Fleurant, Director - Black Studies Program atSalem State College

Mr. Bob James, Esq. - Greater Boston Legal Services

Mr. Arthur Bright - Third World Jobs Clearing House

Ms. Mardee Xifares - Govenor's Commission on the Status ofWomen

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FROM THE OFFICE OF GOVERNOR DUKAKISSTATE HOUSE BOSTON 02133

#6/0B/29For Release Noon Tuesday, October 19, 1976

Contact ALAN RAYMOND - 617-727-2766, 2780

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The number of minority workers in the state executive branchhas increased "significantly" since January 1975 while overallexecutive branch employment has declined, Governor MichaelDukakis said today.

Testifying before the Special Legislative Committee on Affirma­tive Action, the Governor said male minority employment hadjumped 31 percent in the past 20 months and female minorityhiring had increased 20 percent.

During the same period, overall executive branch employmentfell by more than 2,000 - the first drop since 1943, the Governortestified.

He said he was "particularly proud" of his record in namingwomen and minorities to boards and commissions appointed by thegovernor.

Of the 824 such gubernatorial appointees since January 1975,330 fell into the "affirmative action" category, being either womenor m1inorities. Eighty-eight persons - be1:ter than 10 percent ­were either black, Spanish-speaking, oriental or American Indian.

"These appointments," he said, "are a direct reflection of anadministration's values, because there are no excuses such asobsolete civil service procedures to justify a poor affirmative actionrecord."

"A number of firsts for Massachusetts" are included in theseaffirmative action statistics, said the Governor, including:

- the first two women named to the Boston Finance Commis­sion, one of whom was designated chairperson;

- the first black and Spanish-speaking associate M.D.C. com­missioners;

- the first black member of the Industrial Accident Board, who

- the firSlt black director of the Mass. Fort Authority;

- the first woman appointed to the state Board of Arbitrationand Conciliation, also named chairperson;

- the first black state personnel director.The adminiSltration, according to the Governor, strengthened the

state's affirmativeacrtion executive order by including women, re­quiring state oonstruction contractolrs to comply with affirmativeaction guidelines, and by establishing "a tough enforcementmechanism."

was also named chairman;

36 SENATE - No. 1467. [Mar. 1

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The Governor also\noted that he funded the Affirmative ActionOffice from his own emergency fund after the Legislature failed todo so.

"Our commitment to equa'l opportunity will continue, not simplybecause it is the law but because it's the right thing to do. We wantto see the day when the hiring of women and minorities by stategovernment is commonplace, when employment is no longer thebirthright of a select few."

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1974-1975 A SUMMARY

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In February of 1974 Governor Sargent established the Governor'sAffirmative Action Advisory Committee. The seven-member com­mittee was formed to:

Determine the status of minorities and women in the employ­ment of the Commonwealth of Massachusetts.

Derterm!ine the goals for Affirmative Action compliance in theCommonwealth of Massachusetts 'and advise the Governor,Secretary of Adminisrtration and Finance, and the Governor'sCabinet of appropriate goals for compliance with Equal Oppor-tunity laws.

3. Determine appropriate administrative design, pol}icy structure,and timetables for EEO implementation and advise the Gov­

. ernor, the Secretary of Administration and Finance and theCabinet of such findings and recommendations.

4. Advise the Commonwealth's EEO panel and other appropriateadministrative staff of the Advisory Committees findings andreco1mmendations regarding the equal employment opportunityin the Commonwealth.

The Governor's Affirmative Action Advisory Committee mem­bers served as a voluntary, unpaid group. The Com,mittee broughta thorough background in Equal employment iaw, public adm,inis­tration and affirmative aotion programming iQ both the public andprivate sectors to its task of advising the Governor.

The members induded Vernon K. Sport, President of the NewEngland Conference of NAACP Branches, and Executive Directorof NAACP Positive Progr'am for Boston; Sandra Collins, Presidentof Collins Business Associates; William Kirby, Secretary of theMassachusetts Civil Service Modernization Committee and Directorof Personnel Development for the City of Cambridge, Mass.; IleneRudman, President of the Civil Service Modernization Committee,Member State Advisory CO'mmittee United States Commission onCivil Rights. Brunilda Torres graduate student at Boston College;Maureen Hannam, Labor Representative - Mass. Public EmployeesCouncil #41 American Federation of State County and MunicipalEmployees - AFL-CIO, Lawrence Garron, Affirmative ActionOfficer for H. P. Hood and Sons.

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38 SENATE - No. 1467. [Mar. 19

The first result of the Committee's work was to review andattempt to revive the four year old reports of the Governor'sCouncil on Public Employment of the Disadvantaged and Pace­maker Report. These two studies, commissioned by the Governorand Director of Civil Service respectively, provided a thorough anddamning study of the Commonwealth's failure to uphold EEO law.Both reports reached specific and detailed findings and recommen­dations. It was the conclusion of the Governor's Affirm'ative ActionAdvisory Committee that the findings of the two reports werewen documented and valid, and that the recommendations made ,four years ago provided an excellent blueprint for reform of statepersonnel management operations and compliance with FederalEqual Employment law. The Governor's Affirmative ActionAdvisory Committee concluded that the recommendations of thesetwo reports had by and large been ignored by the Commonwealth.

In May of 1974 The Committee testified before the United StatesCommission of Civil Rights Mass. Advisory Committee which heldtwo days of public hearings on Equal Employment in the Common­wealth and noted both its findings of failure, of the Commonwealthto uphold the federal 'law in the administration of its massive(75,000 employees) personnel system and the existence of anexcellent blueprint for change. The Governor's Advisory Committeemembers we're intensely involved in the design and conduct of thehearings and in researching the background to the U. S. CivilRights Mass. Advisory Committee recommendations.

In June of the same year, the Governor's Committee presentedthe Secretary of Administration and Finance with a four pointprogram for immediate and urgent action.

The 12th of June statement which the Governor's Committeepresented the Secretary of Administration and Finanee concluded:

1. It is clear that authority for overall personnel administrationand policy rests in A & F. Within 30 days there must be a com­prehensive) clear Affirmative Action program includingstandards goals and timetables for all areas of state govern­ment. We suggest this be promulgated in a no-nonsense adminis­trative bulletin.

2. Since funding and staffing appear to be major barriers to ac­complishing equal employment opportunity, direct action should

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be taken within A & F to properly fund and staff operations.Again this should be accomplished within 30 days.

3. There should be immediate action on the four year old recom­mendations of the Pacemaker Report and Report of the Gov­ernor's Council on Public Employment of the Disadvantaged.

4. Within thirty days there should be a job vacancy system forALL STATE JOBS and a plan to disseminate vacancy informa­tion to the public which indudes effective use of the media.

The Committee further took this opportunity to highlight in aneleven point plan the most vital and significant recommendationsof the Repofits of the Governor's Council on Public Employmentof the Disadvantaged and Pacemaker Report. Chapters 4 and 5.

Throughout the fall of 1974 it was dear that previous re'Com­mendations of the Governor's Committee regarding Equal Employ­ment were not being responded to and that the Commonwealth'sproposed EEO guidelines, system for public dissemination of jobinformation, budgetary commitment to Equal Employment Oppor­tunity Administration and administrative structure were, in theAdvisory Committee's opinion, seriously deficient and would resultin the continued failure of the Commonwealth to uphold therequirements of Equal Employment Opportunity.

In February of 1975 the Committee met with the newly electedGovernor to review its work and determine if the new governOTwas committed to utilizing the advisory committee in an attemptto put the commonwealth of Mass. in compJiance with the legal andmoral mandate of Equal employment opportunity. The Committeereviewed its work, findings and recommendations of 1974. TheGovernor assured the Committee of his interest in its report andasked that they stay on.

The Committee stressed again both verbally and in follow-upreports:

1. The lack of Administrative strength to the Commonwealth'sEEO guidelines.

2. The need for strong fiscal commitment by the Secretariat ofAdministration and Finance and all the Secretariats to imple­ment Equal Employment.

3. The need for strong, immediate, public, aggressive action by theGovernor.

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1977.] SENATE - No. 1467. 39

40 SENATE - No. 1467. [Mar. 1

4. The need for recruitment and hiring of Black professionalwomen.

5. Their concern over the elimination of the Govenor's Office ofMinority Affairs.

6. The Committee's concern over the impact of layoffs in StateService or recently employed minorities.

During the following months foillowing the Advisory Committeehas not received notice of meetings of either the Governor's staffor of any Cabinet Secretary's regard to EEO; has received nocopies of documents regarding EEO adminisltvation; has had noopportunity to review planned FY 76 budget as previously re­quested; has reviewed no information on Ethnic and Sex profileof the Stl8.lte employee work farce; and has been notified after thefact of the repromulgation of Executive order 74 and the plan tofiscally cripprle the Mass. Commission Against Discrimination.

The Governor's Affirmative Action Advisory Oommlittee' is con­vineed that there has been no adequate response to the mandatefor Equal Employment in the Commonwealth. The Committee seesits presentro'le as litemUy useless. Without being provided withany informration regarding this adminiSitration's adminiSitrative andbudgetary plans for equal employment it is impossible to giveadvice.

The year 1974 was marked by the frustration of giving advicewhich was largely ignored. In 1975 our frustration stems frombeing cut off from all information. The possibility of even givingadvice has been removed.

The issue is not the Governor's Affirmative Action AdvisoryCommittee. The issue is Affirmative Action. The Committee isresigning out of the conviction that it has no role in this admdnis­tration, ouit of the fear that its continued existence might be usedto indicaJte a commitment by the Governor, a commitment whichdoe,s not exist.

The status of equal employment opportunity in 1975 in theadministration of the public personnel system in the Common­wealth of Mass. shows no signs of or hope of meeting the moral andlegal requirements of EEO law. The Committee disbands andresigns leSit it continue to be part of a charade. The Governor'sAffirmative Action Advisory leaves its repo,rts, previous reports

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and the reeommendations of the U. S. Commission on Civil Rightsas a blueprint for action that must be followed.

Five years ago the authors of the RepQirt of the Governor'sCouncil on Publ'ic Employm1ent of the Disadvantaged stated:

"A large share of the responsibility for improving the employ­ment opportunities for Minority and Qither disadvantaged personsfalls to the CommonweaiJth. No justification can be rationalized forthe largest and fastest growing employer whoeve1r that might beto turn its back on this problem. When that employer is also theGovernment a Democratic Commonwealth, part of whose commit­ment is to develop public policy and use public resources to estab­lish and further equality and justice, a failure to address the prob­lem is not only irresponsbile burt: inexcusahle."

The conduct of the Commonwealth of Mass. under GovernorDulmkis 'Continues to be irresponsible and inexcusable.

1. It is clear that authority for overall personnel administrationand policy rests in A & F. Within 30 days there must be arevised comprehensive) clear Affirmative Action program in­cluding standards goals and timetables for all areas of stategovernment. We suggest this be promulgated in a no...nonsenseadministrative bulletin.

2. Since funding and staffing appear to be major barriers to ac­complishing equal emp'loyment opportunity, direct action shouldbe taken within A & F to properly fund and staff operations.Again this sl\ould be accomplished within 30 days.

3. There should be immediate action on the four year old recom­mendations of the Pacemaker Report and Report of the Gov­ernor's Council on Public Employment of the Disadvantaged. ..

42 SENATE-No. 1467.

RECOMMENDATION FROM THE GOVERNOR'SAFFIRMATION ACTION ADVISORY

COMMITTEE

[Mar.

4. Within thirty days there should be a job vacancy system forALL STATE JOBS and a plan to disseminate vacancy informa­tion to the public which includes use of the media.

The Advisory Committee supports all recommendations of thePacemaker Report and the report of the Governor's Council onPublic Employment of the Disadvantaged, and urges immediateaction by the Commonwealth. The following is a list of the Com­mittee's assessment of the most important of those :recommenda­tions.

A. That there will be adequate full time staff within the Secre­tariat of AdminiSltration and Finance and within the other Secre­tariats to develop, administer, and enforce a comprehensiveaffirmative action program. (GC; 1, 2, 15)

B. That the Director of Civil Service and any other personresponsible for testing and establishing lists for potential em­ployees immediate'ly employ techniques of lowering passing gradesfor exams; set up spedal lists of minority oandidates for pro­visional appointments; expand lists of those eligible for certifica­tion under Rule 14.2; waive chronological listing of labor applicants;

"

1977.J SENATE - No. 1.467. 43

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and exercise these and other administrative measures with regardto female applicants. (GC; 4, 5, 6, 9; P: 9)

C. That special jobs requiring the ability to speak Spanish beestablished. (GC; 7)

D. That the Commonwealth as policy will not administer invalidnon job related exams. (GC: 8,10; P: 5,6,7,8)

E. That over the next five years the1re be appropriated no lessthan two million dollars for the purpose of developing job relatedand culture fair examination and selection procedures. (GC: 11)'"

F. That all qualification and experience requirements for statejobs be reviewed and validated. (GC: 12; P: 11,12)

G. That an state funds expended for employee training programsbe utilized with special conce'rn for disadvantaged low level em­ployees. (GC: 14; P: 17)

H. That for an interim period a short term contractual arrange­ment should be made with a reputable community agency for thepurpose of recfuiitment. (GC; 17)

I. That the Commonwealth develop a system to register allvacant positions and a system 1Jo effectively disseminate this infor­mation through public media. (GC; 18)

J. That the Commonwealth shall conduct an annual census ofminority and female employment and adopt appropriate monitoringprocess. (P; 15)

K. That the Commonwealth will conduct functional job analysisand make specific task assignment for all new positions. (P; 15)

GC Indicates the Governor's Council on Public Employment of the Dis­advantaged with recommendations as numbered on summary sheetprepared by the Mass. Civil Service Modernization Committee.

P Indicates the Pacemaker Report.

44 SENATE-No. 1467.

FINAL REPORT OF THE GOVERNOR'S

AFFIRMATIVE ACTION ADVISORY

COMMITTEE

[Mar. 1

itN01

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1. 1974-1975 A Summary

2. Recommendations of the Advisory Committee

3. Recommendations of the United States Commission on CivilRighrts, Massachusetts Advisory Committee (1974)

4. Recommendations of the Governor's Council on Public Em­ployment of the Disadvantaged (1971)

5. Recommendations of the Pacemaker Report (1971)

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By His Excellency

MICHAEL S. DUKAKISGovernor

EXECUTIVE ORDER NO. 74

(As amended and revised by Executive Order No. 116)

Governor's Code of Fair Practices

45

Preamble

The Commonwealth of Massachusetts has led this nation sinceits birth in protecting the rights and privileges of individuals. TheMassachusetts Constitution of 1780, which has been a model forother states, is based on a belief in freedom and equality for allmankind and the duty of government to safeguard and foster forits people the enjoyment of these rights.

Our continued commitment to this principle is demonstrated byour strong laws prohibiting discrimination because of race, color,creed, national origin, military Sltatus, sex and age ip. the areas ofemployment, education, private and public housing units, com­m'ercial property and public accom,modations. By requiring theelimination and prevention of racial imbalance in public schools,we have begun to end exiSIting de facto segregation that deniesequal educational opportunity to tens of thousands of children.

But in spite of these accomplishments, much re'mains to be done.Many families presently suffer from inadequate incomes, sub­standard and overcrowded housing and inferior education becausediscrimination and de facto segregation bar them from the betterjobs, dwellings and schools. We recognize that any such effects ofany iUegal past or present discriminatory p1ractices by stateagencies and appointing authorities must be affirmatively remedied,and that the percentage racial and sexual makeup of the statework fQiI'\ce should, at all levels, reflect the percentage racial andsexual makeup of the population where the jobs exist.

We have made a beginning, but if we are to finish the job wehave begun, all branches of our state government must take thelead in the struggle for human rights and must exert their author­ity and exercise their talents for the enforcement of our anti-

46 SENATE-No. 1467. fMar.

discriminaJtion laws and the promotion of equal opportunities fOT

all persons.

In OTder to meet this obligation, I, Michael S. Dukakis, Governorof the Commonwealth of Massachusetts, by virtue of the authorityvested in me by the Constitution and by the Sltatutes of the Com­monwealth, do hereby adopt the following Governor's Code of FairPractices and hereby order and direct that the said Code be thegoverning and guiding policy of the Executive Branch of the Gov­ernmenrt: of the Commonwealth of Massachusetts.

Article 1. Declaration of Policy

1.1 Non-discrimination and equal opportunity are the poHcy ofthe Executive Department ,of the Commonwealth of Massachusettsin all of its decisions, programs and activities. To that end, all stateemployees shall rigorously take affirmative steps to insure equalityof opportunity in the internal affairs of srtJate go~ernmenrt, as wellas in their relations with the public, including those persons andorganiZ8.Jtions doing business with the Commonwealth. Each agency,in discharging its statutory responsibiHties, shall consider the likelyeffects which its decisions, programs and activities shaH have inmeeting the goal of equality of opportunity.

1.2 Affirmative action requires more than vigilance in theelimination of discriminatory barriers to employment on thegrounds of race, color, creed, national origin, age and sex. It mustalso enltail positive and aggressive measures to ensure equal oppor­tunity in the areas of hiring, promOition, demotion or transfer,recruitment, layoff 0:1' termination, T8Jte of compensation, inse'rviceor apprenticeship training programs, and all terms and conditionsof employment. This affirmative action shall include efforts requiredto remedy the effects of present and past diseriminartory patternsand practices and any action necessary to guocantee equal employ­ment opportunity for all people.

1.3 All agencies and appointing authorities orf the Common­wealth shall initiate affirmative action programs designed to con­form wirth this poHcy. All such affirmative aCition programs shall besubject to review by the Executive Office of Administration andFinance ("Commissioner") and the Massachusettts Co'mmissionAgainst Discrimination ("Commission") as hereafter provided.

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1.4 All powers, functions and duties granted to the Governor,the Commissioner of Administration and Finance, and the Ma&")a­chusetts Comm1ission Against Discrimination under any provisionof law shaH apply also to this Code and shall be construed liberallyfor the accompJishment of the purposes hereof.

Article II. Employment Policies of State Agencies

2.1 StaJte officials and supervisory employees shall appoint,assign, train, evaluate, compensate, and promote state personnel onthe basis of merit and fitness, without regard to race, color, religion,national origin, ancestry, language, sex or age, unless a preference,limitation or specification based upon sex, age, language, militaryservice or otherwise is required by law, or unless sex or profidencyin the English language is deemed by the Massachusetts Com­mission Against Discrimination to be a bona fide occupationalqualification for employment.

2.2 The Commissioner of Administration and Finance shall estab­Ush appropriate standards and procedures governing the prepara­tion, submission and review of affirmative action plan by allagencies within the Executive Department. ~uch standards andprocedures shall include, without limitation, the fonowing:

2.2.1 The requirement that, within thirty days of the effectivedate of this order, the secretary of each executive office shall causeeach agency or appointing authority under his or her control toprepare an affirmative action plan or plans setting forth goals andtimetables and requiring that each agency or appointing authorityemploy all possible measures to eliminate the effects of any presentor past discriminatory employment practice. The timetables forachieving the goals set in affirmative action plans shall be closelyreviewed by the Commissioner, or his design;ee, to assure that theyare reasonable, to the end that the goals estaJblished in each suchplan shall be achieved in the shortest reasonable time. In no event,however, shall any plan be approved by the Commissioner if thetime for achieving the goof extends beyond January 1, 1978.

2.2.2 The requirement that in preparing an affirmative actionplan, the agency or appointing authority consider its existingstaffing patte1rns, ;and when such patterns indioate a pattern ofstaffing of mcial minorities and wO'men that is not fairly reflective

48 SENATE-No. 1467. [Mar. 1!

of the percentage of minorities and women where the jobs exist,then to take appropriate remedial measures.

2.2.3 The requirement that, within ninety days of the effectivedate of this order, the Commissioner shall approve or disapproveall affirmative action plans prepared by such agencies and appoint­ing authorities.

2.2.4 The requirement that the Commissioner, or his or herdesignee, conduct an ongoing review of affirmative action plans toassure thaJt such plans, and the intent vf this Executive Order, arebeing complied with.

2.2.5 The requirement that the secretary of each ExecutiveOffice shall appoint a highly placed person, who shall reportdirectly to such seore1Jary and who may be designated the EqualEmployment Opportunity Officer, to supervise enforcement ofaffirmative action pl'ans by agencies and appointing authoritieswithin such executive office, including the secretariat. The chiefexecutive 0[ each agency or appointing authority shall appoint ahighly placed person, who shall report directly to the chief execu­tive, to administer and enforce the affirmative action plan of suchagency or 'appointing authority. Said person may also be designatedthe Equal EmploYmen!t Opportunity Officer. Each Equal Employ­ment Opportunity Officer shall have the authority to review andpass upon affirmative action plans within his or her offi.ce and,whereve'r poss~ble, shaH be exempt from Civil SeTvice. In addition,the Equal EmplOYment Opportunity Officer fOlr each secretariatshan have authority to recommend approval or disapproval ofappointment forms and personnel requisitions, and is given a sign­off on all personnei requisitions and appointment forms initiatedwithin his or her secretarialt. All other Equal Employm'ent Oppor­tunity Offi.cers shall have authority to recommend app'roval or dis­approval of appointment forms and personnel requisitions andshall report all disapprovals to the Equal Employment OpportunityOfficers for their secreltariats.

2.2.6 The requirement thalt aU agencies and appointing authori­ties shall promulgate clear, written directives to carry out theapproved affirmative action plan.

2.3 The Commissioner shall consult with the Massachusetts

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Commission Against Discrimination, with respect to the establish­ment of such standards and procedures.

2.4 The Division of Civil Service and the Bureau of Personneland Standardization (Division of Personnell Administration afterJuly 1, 1975) shall emp~oy systematic efforts to ensure that theprocedure for appointing persons to sltate service, including thedevelorpment and administration of written and oral examinations,job spedfietaJtions, and employment qualifications, are free fromeither conscious or inadvertent bias, and have been examined toeliminate any discriminatory effect on minorities or women. Allexaminations for entry Oil" promotional appointments shaH bedesigned clearly and demonstrably to tesrt an applicant's actualability to discharge the duties of the position for which the personseeks appointment.

2.5 The Commissioner shall investigate instances of non-com­pliance with an approved affirmative action plan. Any finding, aftera hearing by the Commissioner, or his or her designee, of deliber­ate failure or refusal to implement such plan shall constitute causefor dismissal, and shaH be reported through the appropriate secre­tary to such person's appointing authority for appropriate disci­plinary action. If a seeretary is found to be out of compliance, thereport shall be made to the Governor.

2.6 The Commissioner shall refer to the Massachusetts Com­mission Aga:int Discrimination any information which he or shebelieves may constitute a violation of the laws. The Commissionshall initiate comp~aints againsrt those agencies or persons who ithas reason to believe are in violation of the laws. If any agency orappointing authority does not have an approved affirmative actionplan within one hundred twenty days after the effective date of thisExecutive Order, then the Commission may esrt.ablish such planfor such agency or authority.

2.7 Each agency and appointing authority by July 30th of eachyear shall report, through the appropriate secretary, to ithe Com­missioner on actions taken during the preceding fiscal year toimplement its affirmative action plan. Notwithstanding the fore­going, the Commissioner or the Massachusetts Commission AgainstDiscrimination may at any time request and shall receive such

50 SENATE - No. 1467. [Mar.

information as is deemed appropriate for purposes of monitoringcompliance.

2.8 To carry out the affirmative action responsibilities of theCommissioner under this order, and the Commonwealth's policy ofnon-discrimination and equal opportunity, there shall be appointeda Director of Affirmative Action ("Director"), who shall be thechief affirmative action officer for the Commonwealth. In ordereffectively to perform said responsibilities, the' Director shaH haveauthority to approve or disapprove all p€'rsonnel requisitions andappointment forms submitted to the Commissioner by appointingauthorities within state government, and is given a sign-off on allsuch -appointment forms and personnel requisitions. The DirectorshaH, from time to time, but at least every three months, report tothe Governor and the Commissioner on the progress being madeby secretaries and all other appointing authorities in meeting theaffirmative action plans. Further, the Director, shall insure thatthe state personne,l sySitem is operated in such a way as to ensureassistance to appointing authorities in meeting their affirmativeaation goals. All affirmative action officers shall be required tosubmit information to the Director and to such other persons asthe Director may designate. Said affirmative action officers shallreport to the Directo[' any problems that they experience in en­forcing and administering the affirmative action plan or planswithin their offices. In addition, the Director shall have any addi­tional powe!rs that are necessary to carry out the Commonwealth'spolicy of non-discrimination and equal opportunity.

2.9 The hearings required in paragraph 2.5 of this Article shallbe conducted by a hearings panel, consisting of not less than threepersons. The panel may be called the Equal Employment Panel(Panel), and shall have authority to impose sanctions on Persons,where appropriate. To aat as staff for the Panel, the Commissioner,or his or her designee, shall appoint a Panel director. The PaneJdirector shall perform such other duties as the Commissioner, orhis or her designee, may determine.

2.9.1 The Com,missioner, or his or her designee, shall establishsuch apPeal procedures as may be' required to protect rights ofsecretaries.

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2.10 Nothing in the Article shaH be deemed to diminish thepowers, duties or jurisdiction of the Commission, including but notlimited to its power to act with respect to complaints against anyagency nr person.

Article III. State Services and Facilities3.1 All services of every state agency shall be performed without

discrimination based on race, color, religion, national origin,ancestry, age, or sex. No sltate facility shall be used in furtheranceof any diseriminato['y pattern or practice nor shall any stateagency become a party to any agreement, arrangement, or planwhich has the effect of sanctioning such patterns or practices.

3.2 Each appointing authority shall at the request of the Massa­chusetts Commission Against Discrimination critioally analyze aUof its operatiions to ascertain possible insltrances of non-compliancewith this policy, and shall instigate sustained, comprehensive pro­grams based on Massachusetts Commission Against Discriminationguidelines to remedy any defects found to exist.

Article IV. Contracts4.1 Every state or state-assisted contract for public buildings

and public works or for goods or services shall contain an articleprohibiting discriminatory employment practices by contractors,subcontI'lactolrs and suppliers of goods or services based on race,color, religion, national origin, ancestry, age or sex. The non­discrimination article shaH indude a provision requiring con­tractors and suppliers of goods or services to give written noticeof their commitments under this article to any labor union, associ­ation or brotherhood with which they have a collective' bargainingor ather agreement. Such notice shall also be given to minority andwomen contractors and minority contmctor associations.

4.2 It is the policy of the Commonwealth of Massachusetts torequire that every state contract or sItate-assisted contract forpublic buildings and public works and for goods and services whichexceeds $100,000 shall contain an article requiring the contractor,and his or her sUlb-contractors, to undertake through every possiblemeasure such affirmative action as may be required by the secre­tary of the executive office within which the contracting or assist­ing agency is located (of if such agency 'is nOlt located within an

executive office, then such secretary shall be designated by theCommissioner.) The secretary of each executive office shall re­quire that the contracting or assisting agency indude as part ofstate or state-assisted contracts for public buildings and publicworks, a verslion of the Commonwealth's SupplemenJtaI EqualEmployment Opportunity Anti-Disorimination and AffirmativeAction Program, appropTiately adapted by the Commission. Theobjective of such affirmaltive action shall be that (1) all presentand past effeets of discrimination in employment because of race,COlOT, re~igion, sex, age or national origin shall be eliminated, and(2) to promote the full 'realization of equal employment opportunityfor minorities and women, including minority and women contrac­tors, through positive and continuing programs.

4.3 Such contractual provisions shall be fully and effective'lyenforced and any breach of them shall be' regarded as a materialbreach of the 'Contract subject to appropriatesanotions. The Massa­chusetts Commission Againt Discrimination shall be responsiblefor determiI1ing compliance with the non-discrimination andaffirmative aetion section of state contracts. In the event of a find­ing of non-compliance with these provisions, the contracting agencyshall impose such eontraclt sanctions Clonsis:tent with the law andcontractual agreements, as it may deem appropriate to attain fulland effectual enforcement.

4.4 In implementing this policy of non-discrimination and affir­mative action, an conltracting and assisting agencies shall cooperatewith and utHize the expertise of the Massachusetts CommissionAgainst Discrimination. As part of its annual report, each stateagency and appointing authority shall submiit to the MassachusettsCommission Againsrt: Discrimination documentation of its actionsand programs to insure compliance with these provisions by allcontractors, subcontractors and suppliers of goods and services.

Article V. State E'mployment Services

5.1 AU state agencies induding educational institutions, whichprovide employment referral or placement services to public OT

private employers shall acceprt job orders, refer fOT employment,teslt, classify, counsel, and train only on a non-diSiCTiminaltory basis.Said agenc:ies shall refuse to fill any job olrder which has the effectof excluding any class of persons because of raee, color, religion,

52 SENATE - No. 1467. [Mar.

r. 1977.] SENATE - No. 1467. 53

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national origin, ancestry, language, age or sex, unless a preference,limitation, or speeification based upon age or sex or language isdeemed by the Massachusetts Commission Against Discriminationto be a bona fide oecupational qualification for employment.

5.2 All state agencies shall advise the Massachusetts CommissionAgainst Discrimination promptly of any employers, employmentagencies or unions which said agenoies have reason to beUeve arepracticing unlawful discrimination.

5.3 State agencies shall assist public and private employers,unions, or other persons who, pursuant to a remedial affirmativeaction program, seek to broaden their recruitment p~ograms byrequesting the referral of qualified minority and female applicants.Each executive office, including but not limited to the ExecutiveOffiee of Manpowe1r Affairs, shall direct agencies under their juris­diction to utilize fully their expertise, to the end that the agenciesshall cause all persons (as defined in Chapter 151B of the Massa­chusetts General Laws) within their jurisdiction to initiate actiooto eliminate any practice or program which has an illegal dis­crimina'tory effect on minority or female pe'rsons within the popu­lation, due to their race, sex, color, or national origin.

Article VI. Massachusetts Commission Against Discrimination

6.1 In the performance of its responsibilities under this Execu­tive Order the Massachusetts Commission Against Discriminationshall have the full cooperation of all state agencies and appoiIlltingauthorities. Said agencies and appointing authorities shallcompiywith the Commisslion Against Discrimination's requests for infor­mation concerning practices inconsistent with the state policy ofnon-discrimination and affirmative action and said agencies shal'lfollow its lawful directives for giving effect to that policy.

6.2 Where appropriate the Commission shall promulgate guide­lines, rules and regulations aiding the implemenltation and enforce­ment of this Executive Order.

Article VII. State Education) Counselling) and Training Programs

7.1 All educational, counselling, and vocaltional guidance pro­groms and aU apprenticeship and on-the-job training programs ofstate agendes, or in which state agencies partic.ipate, sha.:ll be open

54 SENATE-No. 1467. [Mar.

to all qualified persons, without regard to race, color, religion,national origin, age, sex or ancestry. Such programs shaU be con­dueted to encourage the fullest development of the interests, apti­tudes, skills, and capacities ofaH students and trainees, with specialattention to the problems of culturally deprived, educationallyhandicapped, or economically disadvantaged persons.

7.2 Those state agencies responsible for educational, counselling,and training programs shall take positive steps to insure that allsuch programs are free from either conscious or inadvertent bias.

7.3 Expansion of training opportunities under these programsshall also be encouraged with a view toward involving larger num­bers of participants from those segments of the labor force wherethe need for upgrading levels of skill is greatest.

Article VII. Health CareAll private hea1th care facilities licensed o~ chartered by the

State, including hospi,tals, nursing homes, convaleseent homes, resthomes, and clinics shaH be required to comply with the state policyof non-discrimination in their patient admissions and in health careServiee as a condition of continued participation in any state p'ro­gram, or in any educational program licensed or accredited by theState, or to be eligible to receive any form of assistance.

Article IX. Private Educational InstitutionsAll private edueational insti,tutions licensed or chartered by

the State, including professional, business, and vocational train­ing schools, shall at the request of the Massachusetts CommissionAgainst Discrimination be required to show compliance with thesta.:te policy of non-discrimination and affirmative action in theirstudent admissions and other practices as a condition of continuedpartieipa!tion in any state program or eligibility to receive any formof state assistance.

Article X. State Licensing and Regulatory Agencies10.1 State agencies shall not discriminate by considering race,

sex, color, religion, national origin, or anc'e'st~ry in granting, deny­ing or revoking a license or charter, nor shall any perSlon, C'orpora­tiOOl, or business firm which is licensed or chartered by the Stateun1awfully discriminate against or segregate any person on suchgrounds. All bus1inesses licensed or chartered by the State shall

Lr. 1977.] SENATE-No. 1467. 55

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operate on a non-discriminatory basis, according equal treatmentand access to their services to all persons.

10.2 Any licensee or charter holder who fails to comply withthis policy shall be subjeot to such discipliinary action as is con­sistent with the legal authority and rules and regulations of theappropriate licensing or regulato'ry agency. State agencies whichhave the authority to grant, deny, or revoke licenses or charters,must actively utilize their authority to prevent any person, corpora­ion, or business firm from discriminating because of race, cololr,religion, na:tional origin, sex, age or ancest,ry or from participatingin any practice which may have an illega'l discrimina;tory effect onwamen and minority persons within the population. The Massa­chusetts Commission Againt Discrimination shall review and ap­prove all procedures, rules, and regulations used to implement thispolicy.

Article XI. Housing Accommodations

11.1 No person, corporation, or firm which is licensed or char­tered by the State to engage in the business of selling, leasing,renting, financing, building, or developing housing accommodationsshall discriminate against any prospective buyer, leas:ee, or tenantbecause of race, color, religion, national origin, ancestry, language,memlbership in the armed forces, sex, marital status, or veteransstaJt:us, nor shall any licensee or charter holder seek to promote thesale or lease of any residential property on the ground that a per­son or minority racial, religious, or ethnic background has estab­lished or will establish residence in the neighborhood.

11.2 Any real eSJta:te broker or salesman, corporate owner, lend­ing institution, homebuilder, or developer who fails to comply withthis policy shall be subject to such disciplinary action as is con­sbtent with the legal authority and rules and regulations of theappropriate licensing or regulatory agency, and state statute.

11.3 There shall be no segregation or discrimination in anypublicly assisted housing based upon race, color, sex, creed, mili­tary or veterans status, language, or national origin. The preven­tion and elimination of racial, €'thnic and reUgious segregationshall be an objective in all decisions invoilving the selection of newpublicly assisted housing sites, the development and execution of

Ul ban renewal plans and the management of and placement ofte nanrts in public housing. The Derparttment of Community Affairs,MitSISachusetts Housing Finance Agency, and the Massachusettso ~mmission Against Discrimination shall aSS/ist local authoritiesin promotingintegrarted housing in state supported or state SUpeT­

vised projects.

Article XII. Public Schools12.1 By law, it is the policy of the Commonwealth of Massachu­

ettlts to require all school eommlbtees to adopt as educational ob­jectives the promotion of equal and integrated education and thecorrection of existing racial imbalance in the pubUc schools. Theprevention or elimination of radal imbalance shall be an objectivein all decisions involving the drawing of or altering of schoolattendance lines and the selection of new school sites. The Depart­ment of Education shaH also pursue a program of promoting fairemployment practices fall" ce'rttified teachers and shall periodicallyexamine its publications and educational materials to assure thatthey are a realistic representation of the wnrld peoples and theircontributions to history and culture.

12.2 The Boarxi of Education shall develop,and cause to beimplemented, Rules and Regulations designed to effectuate Chap­ter 622 of the Acts of 1H71 (Massachusetts General Laws c. 76,Sec. 5), and shaH ensure that the School Building AssistanceBureau require that aU new school buildings and facilities aredesigned so as to assure that male and female students are proViidedequal physical facilities.

12.3 The Massachusetts Com,mission Against Discriminationshall intervene and act to develop affirmative action p'rograms inorder to remedy existing patterns or practices of discriminationwhich may have a disparate effect on the educatinn of women andminority groups as defined by the Massachusetts CommissionAgains1t Discrimination.

56 SENATE - No. 1467. [Mar.

Article XIII. State Financial AssistanceState agencies disbursing financial aSlSistance, including but not

limited to loans and grants, shall require recipient organizationsand agencies to undertake affirmative action programs designed toeliminate patterns and practices of discrimination due to race,

are 1977.] SENATE - No. 1467. 57

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color, sex, or national origin. At the request of the MassachusettsComm.isslion Against Diserimination, state agencies disbursing suchassistance shall develop, sUlbject to review by the MassachusettsCommission Againt Discrimination, rules, regulations and pro­cedures necessary to implement the goals of non-discriminationand affirmative action.

Article XIV. State Forms

All state agencies shall exclude from forms of request for infor­mation any item or inquiry expressing any limitation or specifica­tion as to race, color, creed, national origin, sex or age, unless theitem or inquiry is expreSJSly required by statute or is deemed bythe Massachusetts Commission Against Discrimination to be a bonafide oc:cupational qualification. However, if such an item or inquiryis required in good faith for a proper purpose, and prior writtenpermission for its use has been given to the agency o'r appointingauthority by the Massachusetts Commission Against Discrimina­tion, then such a practice may be allowed.

Given at the Executive Chamber in Boston this 1st day of Mayin the year of our Lord one thousand nine hundred and seventy-fiveand of the Independence of the United States of America, one hun­dred and ninety-ninth.

MICHAEL S. DUKAKISGovernorCommonwealth of Massachusetts

PAUL H. GUZZISecretary of the Commonwealth

AN ACT IMPLEMENTING THE FEDERAL MANPOWER DEVELOPMENT AND

TRAINING ACT AND OTHER FEDERAL MANPOWER PROGRAMS.

Be it enacted by the Senate and House of Representatives in GeneralOourt assembled and by the authority of the same) as follows:

1 SECTION 1. NortwitlhS'tanding the provisions of section fifteen2 of chapter thirty-one of the General Laws, an: appoinJtmenit to a3 posil1Jion subject to said chaprter may be made to a position4in the lowest joib group or grade wiithin each class. of positt!ions5 as deltelI"mined iby the dilrector of idvil se'rvice, provided the ap­6 poinitee -bIaS successfully complet~d a. work-rtr'a:ining progmm for7 disadvantaged persons. The seClI"eltaryof the e'xecuitive office of8 manpower affairs shia:ll certify which work-training plI"ograms9 meet rtJhe qua1:ifioatio!Ils and work specificaltions of the positions

10 under civi'l service and the bureau of pe'rsonnel, and which11 adequate'ly prepa~e Ithe rt;~ainee ito perlorm the duties of saJid12 positions and shaJll furnish a list of the positiornstJo the director13 of civi,l service; provided that :such t:rainJing progr:ams shall14 have been adverltJised to the public and such· training programs15 made avai1ab~e to pe1rmanenrt employees of the commonwealth16 and lilts political subdivisions who 'meet the criteda for dis­17 advantaged peflSons alS hereinraflter srta1Jed,and such training18 prograrnsshall have been re!gi1sltered or listed wirth the19 division of employment security and shalil have been spon­20 gored or conducted by or in cooperation with the com'mon­21 wea1lth, a poUtioail subdivision Ithereof 'Or the fedelI'al govern­22 ment. Prior to apPolintm·ent underlihis act, persons: so !trained23 shall have passed an examinaltion for the position administe'red24 by the direo1Jor of civil seiI'Vice.25 If more than one person eligible for an appointment under26 !this act shall satisfacrtnrHy pass the examination, the names27 of SlUch disadvanrtaged pe1rsons shall be placed in the order of28 Itheir passing grade subject ~o section rtwernif:y-three of chaptelI'29 thirty-one of the General Laws upon ,an eligible list hereafter30 'called a special eligible list.

31 When an eligible list already exists for the position for32 which such exam has been given, the director shall certify

58 SENATE-No. 1467.

ACTS, 1972 - CHAPTER 778.

[Mar.

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33 names alternately from such eliglible list and the special eligible34 list until the required number of eligibles is ce'I'Itified, provided35 that p€rsons on such list shall :be gI10uped according to the36 provisiorns 0[ chaprt:er thi'I'lty-one of the General Laws, and37 thart nothing in this act shaH changel the provisions of sootion38 fifteen of said chapter thirty-one as :they apply ito promotional39 exams. Names from a departmenltal promotional ,Jist shaH be40 certied before names firom such speaiallist refeI'lred to herein.41 For the purpose of this laJo1, a disad~an!taged person shaH be42 a person whose annual net income, in 'relation to family size43 and loc'8.Jtion, does not exceed low-'income guideUnes estab­44 lished by /the federal government or who does not have suit­45 able employmenrt, and lis a perSion who does not ha~ a high46 school eduCaition or ilts equivalent, ame'mlber of a ,minority47 group, a person under twenity-oille years of age or forty-five48 years of age or older, or a handicapped person; provided that49 a state or municipal employee who does noit have a high school50 edooation or its equiva1ent, a member of a minority group, a51 person under twenty-one years of age orr forty-five years of age52 or older, or a handicapped p€:rson shaH not be barred from53 considenlltion as a disadvantaged person by reason of his54 receiving a salary ~rOiIl1 the oommonwealth.55 The provisions of this act shaH not apply to poliice services56 positions or fire fighteirs.57 The bureau of ~sonneJI shaH ibe avaHable for assistance in58 designing a training program to meet 'state SlPecifica'tJions of59 the posi!tions for which persons refeirred to in this act are60 tra1ined.

1 SECTION 2. This act shall cease to be operative on July first,2 nineteen hundred and seventy-five.

Approved July 18) 1972

60 SENATE - No. 1467.

ACTS, 1974 - CHAPTER 500.

[Mar. I.

AN ACT PROVIDING FOR A COORDINATOR OF FLEXIBLE HOURS WITHINTHE BUREAU OF PERSONNEL.

Be it enacted by the Senate and House of Representative.s in GeneralCourt assembled and by the authority of the same) as follows:

1 SECTION 1. Cha;plter 7 of the Gene~aJ1 Laws is hereby2 amended by inserting ailtelr section 6E the following section: -

3 Section 6F. There shall be a coordinaltor of flexib~e hours4 employmen~ wiithin the bwreau of personnel who shall work5 with the deci!sion of civi,l service on Ithe d'evelopmeIlit, imple­6 mentation and oversight of plans fair \thel utHization within all7 executive I8!gencies of pel~SOns who choose \tlO be employed for8 a reduced number of hours per week land Ithel recruitment of9 suoh persons forciv:il service and nonaivil serVlice elll1plo~enit.

10 The ooordinatoir shan iI"e'OOmmood Ito said bureau such action,11 including the submission of legislation and the making of12 rules, as shall be necessary f'I'~om time ito time in order to13 implemenlt a p1:aJn or plans for flex:ilble hours employmenlt and14 :in order to secure for flexible hours employees the normal15 advanmges of "their posi,tions, induding without '1imiitaltion16 vacation time, Slick tleave, mat.emiity 'I'eave, bonuses, advance­17 ment, seniorVty, length of service credit, henefits and parltici­18 patioo in benefit plans or pro~mms. The coordinator shall19 make an annual report to ,the director of personnel and20 SI1:arndaJrdizaJtion eontainring eompllette informai1:ion as to his21 activities during the preceding YeaJr. Such repomt sha1ll be a22 public record, and copies of it sha:l.l be furnished Ito the go¥­23 ern10r and to the staJte library.

1 SECTION 2. Within one year of the effective dat.e of this act,2 every plan for flexible hoursemploymenlt deve'loped by the3 coordinator of flexible hours employment pursuant to section4 six F of ,chapterseven of the Oenera'llJaws, inse'rted by section5 one of this act, shall provide that not less than two per cent6 of the total number of positions in each ,class and in each grade7 covered by the plan shaH be made aViaJilaible for flexiblehoUTS8 employment,UI1!less the dilrec:1Jor of pe1rsonnel and S'tandaTdiza-

.... 1977.] SENATE - No. 1467. 61

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9 rtion exelmpts a class or grade on grounds of impossibility. Not10 :later ,than two years after said eff'ecltive date, four peir cent of11 such posi1Jions shall be available for such pelrsons; not ~'8.)te'r

12 than thI1ee years :a.f1telr 'Said effective date, :six per eenrt of such13 positions shall be available for such persons; nOlt '}ater than14 four yea~s afte'r said effecltive darre, eight per cent of such15 poS'i;tions shall be avaHable for such persons; not later ithan five16 years after said effecltJive date, ten per -cent of such positions17 shall be available for such persons.

Approved July 9} 1974

62 SENATE-No. 1467. [Mar.

OFFICE OF THE PRESIDENT

MASSACHUSETTS SENATE

State House, Boston 02133

January 31, 1977

Senate Chairman Bill OwensHouse Chairman Raymond A. JordanState HouseBoston

Gentlemen:

I wish to thank and congratulate you and the members of yourcommittee fair the industry, sedousness of purpose and fairminded­ness whlch you have shown 'in carrying out your legislative order.

Equalirty of opportunity 'is basic to our democratic way of lifeand the po[icy of affirrnative aotion 'is a legally required tool forinsuring that equality. The work of this committee then relatesdirectly to social justice, which is the very foundation stone of oursocierty.

It is clear fDom your inveSltigatio!I1S that some progress has beenmade in the area of equal employment opportunity, although notenough progress to give us a significant measure of satisfaction.The lack o!f a desirable amount of progress is due to many factors,some of which are quite understandable, - the nOTIn& difficultyof overcoming bureaucratic ine'rtia, the: breakdown of necessarymachinerry, the aCUJte problem of trYJing to achieve equity for dis­advantaged groups without at the same time doing violence to thefundamental notion of individual equilty, the conflicts with Oftherlaws and desiraible pII'lactic'es. It is a practice in the legislature, forexample, to allow individual legislators to hire their own staff.Since legislators tend to re'flect, and respond to, the needs of theirconSitituents, there can be as mlany hiring pTocedures as there arelegislators and constituenefes. This makes it quite difficult to haveone affirmative action policy procedure for the 'legislature as aWhole.

Still, more substantial progress in equal employment opportunitymust be made. We must distinguish un~ortunate but understand-

\1ar. 1977.J SENATE-No. 1467. 63

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able difficulties from what are deliberate failures to support affirma­tive action. We must insist on a sincerity of intention that isbacked up by de,monSitrable e:ffiorrts to provide each citizen with equalopportunity for employment. I am confidenrt: that the work of thisoommttJtee will be la srt:rong impetus fOT the a t1Jainment of that goal.

Sincerely,

KEVIN B. HARRINGTONPresident of the Senate