2019 -- H 5655

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- STATE POLICE -- EQUAL

EMPLOYMENT OPPORTUNITY

     Introduced By: Representative Anastasia P. Williams

     Date Introduced: February 27, 2019

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 42-28 of the General Laws entitled "State Police" is hereby

amended by adding thereto the following section:

     42-28-51. Establishment of equal opportunity unit.

     (a) There is hereby established within the division of state police an equal opportunity

compliance unit which shall be responsible for the preparation, revision, implementation, and

administration of policies of nondiscrimination and equal opportunity as these policies relate to

the recruitment, selection and promotion of persons to positions in the division. The unit shall

maintain an active public recruiting program designed to enlarge the pool of qualified minority

and women recruits to ensure sufficient numbers of these candidates for appointment to Rhode

Island state police training academy classes. As used in this chapter, "minority" means persons of

African­American, Hispanic, Asian and native American descent.

     (b) The unit shall utilize personnel currently employed by the division and may hire such

additional personnel as may be necessary. The supervisor of the unit shall report to the

superintendent.

     (c) To assure that member positions at all levels of the division are equally accessible to

all qualified persons, and to eliminate the underutilization of qualified minorities and non-

minority women, the superintendent shall adopt, and periodically revise if necessary, an equal

opportunity plan for the division. The plan shall be based on an analysis of the division's

deficiencies and resources and shall provide for the following:

     (1) Numeric goals and timetables for recruitment and promotion of members that are

reasonably attainable through the good faith efforts of the division. In determining timetables and

establishing goals, the equal opportunity compliance unit shall:

     (i) Involve division members and other personnel at all levels in the goal-setting process;

     (ii) Establish goals that are significant, measurable and attainable;

     (iii) Establish goals that are specific for planned results, with timetables for completion;

     (iv) Consider the anticipated expansion, contraction, and turnover in the division's work

force;

     (v) Specify distinct goals and timetables for the hiring and promotion of minorities and

for non-minority women which identify existing deficiencies in numbers or percentages of these

personnel and target measures to correct these deficiencies;

     (vi) Provide for inclusion of the goals and timetables, with supporting data and the

analysis thereof, into a written equal opportunity program; and

     (vii) Provide for the collection of data that will permit the measurement and evaluation of

goals. This data shall include, but not be limited to, progression line charts, seniority rosters,

applicant flow data, and applicant rejection ratios indicating minority and gender status.

     (2) Rhode Island state police training academy classes consisting of at least twenty

percent (20%) qualified minority recruits and ten percent (10%) non-minority women recruits.

The division shall make a good faith effort to meet or exceed these goals.

     (3) Enhancement of promotional opportunities for minorities and women in member

positions in the division based on their merit and fitness as determined by suitable promotion tests

or other unbiased criteria, such as training and pertinent experience. Selection shall, except under

special circumstances, be based on division-wide promotional lists. The division shall make

available a statement of justifiable reasons as to why a division-wide promotional list is not being

utilized for promotions to a particular title. Goals for promotion shall generally seek to achieve a

percentage of minorities and non-minority women in each sworn rank that is at least equal to the

percentages minorities and non-minority women represent in the total member force of the

division.

     (d)(1) The division shall be deemed to be in compliance with its commitments under

subsection (c) of this section if it meets its goals and timetables or if it makes a good faith effort

to meet these goals and timetables. In the event of the failure of the division to meet these goals

and timetables, it shall be given an opportunity to demonstrate that it has made every good faith

effort to meet its commitments. All the actions of the division shall be reviewed and evaluated by

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the attorney general in determining whether such good faith efforts have been made.

     (2) If the division, despite its good faith efforts, fails to meet its goals and timetables

within a reasonable period of time, it shall make appropriate changes in its equal opportunity plan

to the extent necessary to attain its goals. The division shall develop and adopt alternative

recruitment and selection methods, if it is determined that the failure of the division to meet its

goals is attributable in substantial part to its recruitment and selection methods. If the division's

failure to meet its goals is attributable in substantial part to its use of a qualification standard or

criterion which has adversely affected the opportunities of minorities and non-minority women

for hiring or promotion, the division shall demonstrate that such qualification standard or criterion

is directly related to job performance. In the event of a failure to demonstrate this relationship, the

division shall assess the reason for the failure and propose to both the house committee on

oversight and senate committee on government oversight measures that it will take to address the

failure.

     (e) The superintendent shall annually submit to the governor and to the legislature a

report describing efforts undertaken by the unit during the previous year to expand the pool of

qualified minority candidates and of non-minority women candidates for appointment to the

Rhode Island state police training academy and to increase the promotional opportunities for

minority candidates and non-minority women candidates within the division. The report shall also

describe the division's efforts and progress being made in attaining and maintaining the goals and

timetables established pursuant to this section.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- STATE POLICE -- EQUAL

EMPLOYMENT OPPORTUNITY

***

     This act would establish an equal opportunity unit within the division of state police to

adopt an equal opportunity plan to increase the ranks of minorities and women among members

of the state police.

     This act would take effect upon passage.

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