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Home My WebLink AboutR22-050 Adopting Equal Employment Opportunity Program - Transportation FTA funds DocuSign Envelope ID:4A911CF7-7051-46DB-A9FF-E8728839D60C Commissioner Scher moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2022 - 050 RESOLUTION ADOPTING THE EAGLE COUNTY EQUAL EMPLOYMENT OPPORTUNITY PROGRAM RELATED TO TRANSPORTATION PLANNING, IMPROVEMENTS AND TRANSPORTATION SERVICES is the recipient of federal funds, includingFederal Transit sit WHEREAS,Eagle Countyp g Administration("FTA") funds, which are administered or directed to Eagle County through the Colorado Department of Transportation("CDOT"); and WHEREAS, compliance with Equal Employment Opportunity("EEO")provisions, including Title VII of the Civil Rights Act of 1964 is a condition of receipt of federal funds, including FTA funds; and WHEREAS, the Eagle County Board of Commissioners (hereinafter the "Board") desires to formally adopt a new EEO Program as it relates to transportation planning, transportation improvements and transportation services; and WHEREAS,the Board desires to appoint Greg Barrett, ECO Transit Safety and Training Coordinator, as the County's Equal Employment Officer for transportation related services. NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT,the Board hereby adopts the Eagle County Title VII Plan related to Transportation Planning, Improvements and Transportation Services, which is attached hereto and incorporated herein as Exhibit A (the "Plan"). THAT, the Board hereby appoints Greg Barrett, ECO Transit Safety and Training Coordinator, to serve as the County's Equal Employment Officer for transportation related services. THAT, the Board, having the authority, in its sole discretion, may revise, modify, replace and readopt the Plan from time to time. THAT, the board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. DocuSign Envelope ID:4A911CF7-7051-46DB-A9FF-E8728839D60C MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 21st day of June 20 22 . 1"--- DocuSignecTY OF EAGLE, STATE OF ct � CO ORADO, By and Through Its �` BOARD OF COUNTY COMMISSIONERS ATTEST DocuSigned by: DocuSigned by: �K 19D62 2 096440 Viun, By: C""""'` Imo "s f9Dc2r24G096dd0.. CA4AC1201-0AA47A.. Clerk to the Board of Jeanne McQueeney County Commissioners County Commissioners Chair DocuSigned by: _ 1 00A001ffE904403... Kathy Chandler-Henry Commissioner L DoocuuSignnedby: '„^ 01C702D710E0473 Matt Scherr Commissioner Commissioner Chandl er-Henry seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner McQueeney Aye Commissioner Chandler Henry Aye Commissioner Scherr Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado DocuSign Envelope ID:4A911 CF7-7051-46DB-A9FF-E8728839D60C eCO transit eagle county regional transportation authority An Eagle County Government Department 2021 Equal Employment Opportunity Program 1 DocuSign Envelope ID:4A911CF7-7051-46DB-A9FF-E8728839D60C INTRODUCTION ECO Transit is the regional provider of transportation serving Eagle and Lake counties. ECO Transit provides both fixed route and complementary paratransit services 21 hours per day, 365 days per year. The regional and local fixed routes serve the Interstate 70 and U.S. Highway 6 corridors from Dotsero, at the western end, to Vail, at the eastern end and covers 43 miles. In addition, regional service is provided along U.S. Highway 24 from Leadville to Vail and covers 56 miles. ECO Transit, a department within Eagle County Government, reports to the Eagle County Regional Transportation Authority(ECRTA) board made up of the following member jurisdictions: Town of Vail, Town of Avon, Town of Minturn, Town of Red Cliff, Beaver Creek Metropolitan District, Town of Eagle, Town of Gypsum, and Eagle County. ECO Transit is funded through a 1/2 cent sales tax that not only provides funding for the transit operations but also funds construction, maintenance, and operations of the Eagle Valley Trail, a non-motorized paved multi-use path that will ultimately connect Glenwood Canyon to Vail Pass over a 63-mile corridor. It also reports to the Eagle County Board of County Commissioners. Currently, ECO Transit owns and operates a fleet of 34 buses, including spares with approximately 64 full- and part-time year-round employees and approximately 15 seasonal employees. ECO Transit operates out of the Eagle County Maintenance Service Center, Buildings A and B located at 3289 Cooley Mesa Road, Gypsum, CO 81637. ECO Transit works with local transit agencies like the Town of Vail Transit and Town of Avon Transit to disperse passengers through and around the communities of Eagle County. ECO Transit provides service to assist county residents getting from the affordable communities of Leadville, Dotsero, Gypsum, Eagle, Edwards, Minturn, and Red Cliff to the commercial centers of Vail, Avon, and Beaver Creek. As a department of Eagle County Government, ECO Transit utilizes many county-wide administration and operational resources. These include, but are not limited to, human resources, attorney office, fleet maintenance, and finance and accounting services. Although this EEO Program incorporates other personnel practices that apply to all Eagle County Government employees, this EEO Program only applies to the hiring practices and human resources procedures of ECO Transit employees, given ECO Transit as the recipient of FTA grants. The number of employees of ECO Transit necessitates an abbreviated EEO Program as set forth in FTA Circular C 4704.1A. 2 DocuSign Envelope ID:4A911 CF7-7051-46DB-A9FF-E8728839D60C Policy Statement ECO Transit, a Department within Eagle County Government, has a strong commitment to the community it serves and its employees. As an equal opportunity employer, it strives to have a workforce that reflects the community it serves. In alignment with the Eagle County Government polices and handbook, no person is unlawfully excluded from employment opportunities based on race, color, religion, national origin, sex (including gender identity, sexual orientation, and pregnancy), age, genetic information, disability, veteran status, or other protected class. ECO Transit's Equal Employment Opportunity (EEO) Program applies to all ECO Transit employment actions, including but not limited to, recruitment, hiring, selection for training, promotion, transfer, demotion, layoff, termination, rates of pay or other forms of compensation. All applicants and employees have the right to file complaints alleging discrimination. Retaliation against an individual who files a charge or complaint of discrimination, participates in an employment discrimination proceeding(such as an investigation or lawsuit), or otherwise engages in protected activity is strictly prohibited and will not be tolerated. ECO Transit commits to providing reasonable accommodations to applicants and employees who need them due to a disability or due to their practice of their religion, absent undue hardship. Eagle County Government maintains overall responsibility and accountability for ECO Transit's compliance with its EEO Program. To ensure day-to-day management, including program preparation, monitoring, and complaint investigation, it has appointed Greg Barrett, Safety and Training Coordinator, as ECO Transit's EEO Officer. Greg Barrett will report directly to the ECO Transit Director and act with the Director's authority with all levels of management and employees. For all EEO program inquiries or complaints, Greg Barrett can be reached at: ecoeeoeaq lecou nty.us All ECO Transit management and supervisory personnel, however, share in the responsibility for implementing and monitoring ECO Transit's EEO Program within their respective areas and will be assigned specific tasks to ensure compliance is achieved. ECO Transit will evaluate its managers' and supervisors' performance on their successful implementation of ECO Transit's policies and procedures, in the same way ECO Transit assesses their performance regarding other agency's goals. ECO Transit has developed a written nondiscrimination program that sets forth the policies, practices and procedures, with goals and timetables, to which the agency is committed and will make the EEO Program available for inspection by any employee or applicant for employment upon request. Eagle County Government is committed to a workplace that acts upon its daily responsibility to treat all applicants and employees with dignity and respect, as well as equitably under the guidelines of our EEO Program. EDocuSigned by: raAAAIX ltttui, 6/21/2022 Tanynjien,L.O Transit Director Date 3 DocuSign Envelope ID:4A911CF7-7051-46DB-A9FF-E8728839D60C DISSEMINATION OF ECO TRANSIT'S EEO PROGRAM An effective EEO Program requires that it be known and understood by persons responsible for its administration, by employees, the community-at-large, recruitment resources, subcontractors, vendors, and suppliers. ECO Transit has established various channels of communication to ensure that employees and the community are aware of its positive posture relative to Equal Employment Opportunity. Greg Barrett, EEO Officer, and the Eagle County Government Human Resources Department are responsible for the dissemination of information regarding ECO Transit's EEO Program. Internal Dissemination In order to ensure that all employees, applicants for employment, and others are aware that ECO Transit is an Equal Opportunity Employer and of its official EEO Program, the following steps are taken and will continue to be undertaken: • ECO Transit's Safety and Training Coordinator will provide the EEO Program to all ECO Transit employees; • ECO Transit will post all official EEO materials (e.g.,federal and state labor laws poster(s)) and its policy statement on bulletin boards, near time clocks, in employees' break rooms, and in the Human Resources office; • ECO Transit's EEO policy statement will be included in its personnel and operations manual, employee handbooks, reports, and manuals; • ECO Transit's top management officials will meet(e.g., bus operations, human resources, planning, marketing, etc.) semiannually to discuss the EEO Program and its implementation; • ECO Transit will hold a staff and driver meeting to provide all employees an opportunity to provide input on the program implementation; • ECO Transit conducts periodic EEO training for employees and managers; and • EEO training is provided for all new supervisors or managers within 90 days of their appointment. External Dissemination: As part of ECO Transit's efforts to ensure effective external communication of its EEO Program objectives, ECO Transit utilizes multiple means for conveying this information. They include, but are not limited to, the following: • ECO Transit publishes the signed County's EEO Policy Statement and the EEO Officer's contact information on ECO Transit's website www.eaglecounty.us/transit. • Recruiting and employment sources are notified of ECO Transit's EEO Policy Statement. • Written notification of ECO Transit's EEO Policy Statement is sent to prime contractors, suppliers, and sub-contractors. The required EEO clauses are incorporated as part of all purchase orders and contracts. This is in accordance with the Equal Employment Opportunity clause and the requirements for Executive Order 11246, as amended, as well as, the requirements of ECO Transit's Grant Agreements. 4 DocuSign Envelope ID:4A911 CF7-7051-46DB-A9FF-E8728839D60C • ECO Transit will continue to identify itself as an"Equal Employment Opportunity"employer in all advertising and solicitation in both majority and minority newspapers, marketing and public relations media and material, articles, external newsletters, advertisements and public service announcements on ECO Transit's website, and external recruiting advertisements. • The EEO Policy Statement is included in employee orientation programs and is communicated to prospective employees. 5 DocuSign Envelope ID:4A911 CF7-7051.46DB-A9FF-E8728839D60C ECO TRANSIT STAFF RESPONSIBILITIES The EEO Officer has the overall responsibility for implementation of the ECO Transit EEO Program. The EEO Officer is responsible for ensuring management supports and promotes EEO. The EEO Officer reports directly to the Transit Director regarding matters relating to EEO/AAP. The Transit Director reports to the Eagle County Manager. Chief Executive Officer Tanya Allen, Transit Director, has the essential responsibility for ensuring that Equal Employment Opportunity receives the highest level of priority. The Transit Director has appointed the Safety and Training Coordinator as ECO Transit's EEO Officer. The Transit Director responsibilities include, but are not limited to, the following: • Delegate the responsibility for overseeing, administering, implementing, and monitoring the EEO Program to appropriate personnel; • Ensure that those designated personnel responsible for components of the EEO Program are, to the greatest extent possible, given the resources necessary to successfully implement their assigned responsibilities; • Impart personal direction that assures total involvement and commitment to Equal Employment Opportunity; • Set the tone and model for the rest of ECO Transit with its commitment to Equal Employment Opportunity and its actions; and, • Value the principles of EEO and lead on issues of equality and diversity and on the promotion of EEO. Equal Employment Officer Greg Barrett, Safety and Training Coordinator, has been appointed by the Transit Director as ECO Transit's EEO Officer. As ECO Transit's EEO Officer, this position has the primary management responsibility, authority, and resources for ensuring full compliance with the provisions of Executive Order 11246, as amended, and its implementing regulations. The responsibilities of the EEO Officer include, but are not limited to, the following: • Developing the EEO Policy Statement and a written EEO Program; • Assisting management in collecting and analyzing employment data, identifying problem areas, setting goals and timetables, and developing programs to achieve goals; • Designing, implementing, and monitoring internal audit and reporting systems to measure program effectiveness and to determine where progress has been made and where proactive action is needed; • Reviewing the agency's EEO Program with all managers and supervisors to ensure that it is understood; • Concurring in the hiring and promotion process; • In conjunction with the Eagle County Human Resources Department, periodically reviewing employment practices policies (e.g., hiring, promotions, training), complaint policies, reasonable accommodation policies, performance evaluations, grievance procedures, and union agreements, if applicable; • Reporting at least semiannually to the Director on the department's progress in relation to the agency's goals and on contractor and vendor compliance; 6 DocuSign Envelope ID:4A911CF7-7051-46DB-A9FF-E8728839D60C • Serving as liaison between the agency; Federal, state, county, and local governments; regulatory agencies; and community groups representing minorities, women, and persons with disabilities, and others; • Maintaining awareness of current EEO laws and regulations, and ensuring the laws and regulations affecting nondiscrimination are disseminated to responsible officials; • Investigating complaints of EEO discrimination; • Providing EEO training for employees and managers; • In conjunction with the Human Resources Department, advising employees and applicants of available training programs and professional development opportunities and the entrance requirements; and, • Auditing postings of the EEO Policy Statement to ensure compliance information is posted and up to date. Although the EEO Officer has the lead on the development, coordination, and implementation of ECO Transit's EEO Program, it is important to note that all supervisory staff have collaborative and supportive EEO program responsibilities. Equal Employment is an organizational responsibility. ECO Transit's Regulatory Compliance/EEO Officer is charged with the development, implementation, coordination, and monitoring of all civil rights programs required by ECO Transit and federal regulations, including Title VI. The Regulatory Compliance/EEO Officer ensures that ECO Transit manages a reasonable distribution of transit services and benefits, while clearly exhibiting a non-discriminatory impact in ECO Transit's decisions and activities. This dictates that the Regulatory Compliance/EEO Officer must continually design, update, modify, and implement the Title VI program which facilitates the efficient and effective review, monitoring, and measuring of equal access, equal transit services and the equal distribution of transit amenities. ECO Transit follows Eagle County's hiring practices and utilizes the Eagle County Human Resources Department to lead in all recruitment and hiringprocesses. Eagle County's Human p9 Y Resources department will work with ECO Transit's EEO Officer to fully implement the EEO Program in all hiring and recruiting procedures. 7 DocuSign Envelope ID:4A911CF7-7051-46DB-A9FF-E8728839D60C ASSESSMENT OF ECO TRANSIT'S EMPLOYMENT PRACTICES Recruitment The composition of the employee population at ECO Transit is approximately 95% hourly and 5% salaried. The largest classification of work exists at the Bus Operator level. ECO Transit recruits Bus Operators on an ongoing and as needed basis by following the Eagle County Government posting practices and posting positions on the Eagle County website (www.eaglecounty.us) and by using various types of media that produce a diverse pool of applicants. ECO Transit follows Eagle County Government employment/hiring practices for job advertisements and places employment ads in local newspapers, national job boards, other print media as well as on local radio stations. Salaried employees are recruited in many of the same ways as hourly employees but occur less frequently. The ECO Transit employment application is available on the Eagle County website (www.eaglecounty.us). ECO Transit accepts employment applications by walk-in; at facilities located in Eagle and Gypsum through on-line assistance. ECO Transit offers applicants opportunities to express the need for the removal of barriers that constrict the availability to full access employment. Because of the nature of our work, we do not receive many requests for accommodations. Selection The Eagle County Human Resources Department or ECO Transit hiring personnel screen applications based on the criteria cited in each job description and on every job vacancy notice. The hiring review team (EEO Manager and ECO Operations Manager) reviews all applications and considers each application to determine which applicants meet the qualifications of the position and schedules interviews accordingly. Whether selected for an interview or not, applicants are sent a notification of the status of their application. Applicants for Bus Operator positions are interviewed by an Operations Manager, Manager or Supervisor or a combination thereof. Once the interviewers decide who should be hired, they send the information to the Eagle County Human Resources Department. The hiring manager suggests salary/pay ranges to Human Resources based on the applicant's years of relevant experience. Selected applicants then receive a Conditional Job Offer letter and the pre- employment processes begin. Pre-employment screening includes reference checks, background check, DOT physical and drug screening for each new hire. Applicants who do not pass the pre-employment processes are sent an email retracting their job offer. Recruitment and selection procedures for the salaried workforce are consistent with the procedures used for the hourly workforce except for a few differences. The major difference is that salaried applicants are generally not required to carry a Commercial Driver's License. The interview process is basically the same as well as the background check (including the Motor Vehicle Record); however, only safety-sensitive positions, as defined by the USDOT, are required to undergo a drug test. 8 DocuSign Envelope ID:4A911CF7-7051-46DB-A9FF-E8728839D60C Promotions Promotions within ECO Transit are driven by the Eagle County Employment Guidelines and Job Posting Guidelines. See Exhibit C. Promotions require internal posting and follow the county's hiring processes to include job posting, review of applications and interviews. The Eagle County Employment Guidelines utilize procedures similar to the ones designed for external recruitments. Benefits ECO Transit offers each full-time employee a full complement of health, welfare and retirement benefits. These benefits are updated annually and offered to all full-time regular employees. Benefit information can be found on the internal employee website and the Eagle County Government website Human Resources page. The Human Resources Department sends out benefit reminders often. An example of such benefits for full-time employees is as follows: • Comprehensive and low-cost medical, dental and vision insurance • 11 paid holidays • Paid time off and medical leave • Paid volunteer hours • 6% match retirement plan • Free classes at Colorado Mountain College • Tuition reimbursement programs Bilingual documents ECO Transit makes every effort to ensure that bilingual written materials are available as theadopted Limited English Proficiencyplan, provides requested. ECO Transit, pursuant to q p 9 translation services and translated documents upon request. Disciplinary procedure ECO Transit's disciplinary procedures are outlined in ECO Transit's Employee Handbook for the Operations Departments, as well as the Eagle County Employee Handbook. The Employee Handbooks address employee infractions that lead to disciplinary actions or terminations and explain ECO Transit's progressive disciplinary procedures. Managers and supervisors are trained to coach employees in a timely manner to prevent ongoing disciplinary actions. We encourage directors, managers and supervisors to work closely with employees along a pathway that leads to enhanced performance and proper skills development. Training ECO Transit recognizes its responsibility to train and develop its employees. EEO-related training is offered annually to all employees through County-wide training on harassment and discrimination in the workplace. Additionally, ECO Transit will provide semi-annual EEO-related training for its staff during quarterly employee meetings. EEO-related training is also offered to ECO Transit's executive, management and supervisory personnel during regular supervisory training sessions and through external training sources as needed. Training objectives include teaching our employees about creating an environment that is free from all types of harassment, and one that values diversity and inclusion, and is free from bias in which all employees are able to succeed. 9 DocuSign Envelope ID:4A911 CF7-7051-46DB-A9FF-E8728839D60C Summary ECO Transit's recruitment, selection and promotions do not include any barriers that have inhibited recruitment, selection and promotion of protected classes. Our applicant flow remains diverse (consistent with ECO Transit's relevant labor market) and a qualified pool of candidates is generated for all advertised positions through our website, print media, and employee referrals. ECO Transit is committed to reviewing its practices annually and working with HR to continually evaluate and improve as needed. Eagle County hires an outside consultant to review internal and external data for the sole purpose of recommending a salary structure appropriate for the transportation industry and the geographic region served. ECO Transit last conducted a compensation analysis in 2015. The Eagle County Human Resources Department's staff analyzes each position and implements salary adjustments as needed. ECO Transit's disciplinary procedures are progressive in nature and include methods used to improve performance and avoid termination. 10 DocuSign Envelope ID:4A911CF7-7051-46DB-A9FF-E8728839D60C MONITORING AND REPORTING Monitoring Procedures The EEO Officer meets with the Director semi-annually to provide notification of discrimination complaints, potential employment decisions that may negatively impact persons in protected classes, and recommendations taken to address these issues. By monitoring employment data and complaints of discrimination, the EEO Officer can determine whether ECO Transit's EEO policies are being carried out. If this internal audit reveals that the performance of a department is unsatisfactory, the EEO Officer will work with the Eagle County Human Resources Department and the appropriate Senior Staff to achieve satisfactory corrective action. If this should not be effective, the EEO Officer will submit corrective recommendations to the Director. Procedures ECO Transit follows all employment practices and procedures in alignment with the Eagle County Government Handbook, as revised from time to time.To the extent possible, the process outlined below and the process contained within the Eagle County Government Handbook will complement one another. In the event such process conflicts, the process contained within this EEO Program shall control. The most up to date Eagle County Government Handbook is available for all employees to access online and all new employees receive it on or before their first day of work and sign an acknowledgment. Relevant - Discrimination and harassment policy - Reporting of complaints, discrimination or harassment - Problem solving policy - Retaliation and whistleblower policy While not required, complainants are encouraged to use ECO Transit's EEO Complaint Form (see Exhibits A& B)which can be found at www.eaglecounty.us/transit or by request through the EEO Officer. Complaints must be filed in writing and signed within 180 days of the alleged discrimination, unless the time for filing is extended (49 CFR 21.11 and 27.123). Complaints must be legible and contain the details of the alleged complaint. Every effort will be made to obtain early resolution of complaints at the lowest level possible. Communications of this nature will be treated as private and confidential, as practicable. Upon receipt of a completed complaint, the EEO Officer will determine completeness of the form or the need for additional information and notify Eagle County Human Resources staff for their involvement as needed.Within five working days of the date the complaint is filed,the EEO Officer or Human Resource representative will acknowledge receipt of the complaint and the intended course of action through certified mail or county email. 11 DocuSign Envelope ID:4A911CF7-7051-46DB-A9FF-E8728839D60C ECO Transit's EEO Officer(Transit Director or designee, if a conflict of interest exists)will conduct a comprehensive and timely investigation of all complaints. Complaint investigation findings will be formally presented to the Transit Director within 10 working days of receipt of the complaint (excluding Saturdays, Sundays and Holidays). The EEO Officer will be assisted in its investigation by the Eagle County Human Resources Department's designee. If a complainant is not satisfied with the investigative findings from the EEO Officer, the complainant has five working days following the "Receipt of Findings" from the EEO Officer, to prepare and present a written response, which will serve as an official appeal to the Director, that a reevaluation of his/her complaint be conducted. Within 10 working days of receipt of appeal, the Transit Director will review the original investigative findings, conduct further investigations, and formally present his findings and ruling on the appeal to the complainant. All complaints alleging discrimination against ECO Transit, along with the resolution to the complaint or corrective action plan, are forwarded to the Federal Transit Administration Region 8 Civil Rights Officer in Denver, Colorado. ECO Transit maintains a confidential log of all accepted and forwarded EEO complaints which include: • Name of complainant; • Date complaint was received; • Date of the allegation; • Description of alleged discrimination; • Report date; • Recommendations; • Outcome/Resolution; and, • Other relevant information All allegations of discrimination will be taken seriously and every effort will be made to provide a fair and unbiased determination. In instances where there is dissatisfaction with ECO Transit's determination, the complainant may file a complaint directly with: Equal Employment Opportunity Commission (EEOC) 131 M Street, NE Washington, DC 20507 202-921-3191 / (TTY) 1-800-669-6820/ (ASL Video Phone) 1-844-234-5122 Website: www.eeoc.gov Civil Rights Division of the State of Colorado Department of Regulatory Agencies 1560 Broadway, Ste. 825 Denver, CO 80202 303-894-2997/ (Toll Free) 1-800-886-7675/ 711 TTD - Relay/ (Espanol) 720-432-4294 Email: dora ccrdastate.co.us 12 DocuSign Envelope ID:4A911 CF7-7051-46DB-A9FF-E8728839D60C Employees have the option to resolve incidents themselves, in consultation with their director, manager or supervisor, after approval by the EEO Officer. Employees may utilize this option, only after all relevant parties agree that the incident is a result of a mix-up or misunderstanding. Resolutions between employee and the accused violator, may include referrals to the Eagle CountyEmployee Assistance Program or appropriate disci ling actions, as warranted. ECO 9disciplinary Transit reserves the right to formally investigate any report of harassment that threatens the integrity of the workplace and to take appropriate disciplinary actions. ECO Transit's actions taken with regard to allegations of harassment in violation of ECO Transit's EEO Program will be based upon detailed case findings. Employees are to disciplinary g P 9subjectP rY actions including, but not limited to, termination, for violating the EEO Program. 13 DocuSign Envelope ID:4A911CF7-7051-46DB-A9FF-E8728839D60C Exhibit A EQUAL EMPLOYMENT OPPORTUNITY (EEO) COMPLAINT FORM For questions or to request a copy of ECO Transit's EEO Program and Complaint Procedures contact: Greg Barrett, EEO Officer, (970) 328-3536 or Greg.Barrett@eaglecounty.us. Name (Complainant): Phone Number: ( ) Email: Address: City: State: Zip Code: Reason (basis)for claim of discrimination: (Indicate information requested) ❑ Race 0 Sex(including pregnancy,childbirth,or related medical ❑ Color conditions;gender identity;and sexual orientation) ❑ Religion 0 Age (Date of Birth) ❑ National Origin 0 Disability ❑ Genetic Information 0 Veteran Status ❑ Compensation 0 Sexual Harassment ❑ Retaliation 0 Other(Explain) What happened to you that you believe was discriminatory? (Include date(s)of harm, actions(s), and names(s)and title(s)of person(s)who you believe discriminated against you.) (Please attach additional pages if needed) (1)Action: Date of incident: Name: Title: (2)Action: Date of Incident: Name: Title: Briefly explain the situation/incident: (Attach separate sheet(s),if necessary) 14 DocuSign Envelope ID:4A911 CF7-7051-46DB-A9FF-E8728839D60C Witnesses: ❑YES ❑ NO List Witnesses: (Use a separate sheet, if necessary) (1) Name: Phone Number: ( ) Information witness can provide about event(s): (2) Name: Phone Number: ( ) Information witness can provide about event(s): (3) Name: Phone Number: ( ) Information witness can provide about event(s): Individuals you reported the alleged event to; when (dates) and method (verbally, email, etc.) Name Date Method of Communication 15 DocuSign Envelope ID:4A911CF7-7051-46DB-A9FF-E8728839D60C AFFIRMATION By signing below,you agree that(1)you have read, understand and accept the terms and procedures for tracking and investigating discrimination complaints and (2)you affirm that the information above is true to the best of your knowledge. I understand that in addition to actions taken by RFTA in this matter, I have the right to file a complaint with the Colorado Division of Civil Rights(CDCR)and/or the US Equal Employment Opportunity Commission(EEOC). Signature Printed Name Date Send this completed form along with any written materials or other information that you think is relevant to your complaint to: ECO Transit Greg Barrett, EEO Officer 3289 Cooley Mesa Road PO Box 1070 Gypsum, CO 81637 Internal Use Only To be completed by Greg Barrett,EEO Officer Accepted for formal Investigation: Referred to another department on: Rejected: Reason for Rejection: Greg Barrett, EEO Officer Date ECO Transit is an Equal Opportunity Employer ECO Transit does not discriminate on the basis of race,color,religion,national origin,sex(including pregnancy,childbirth,or related medical conditions;gender identity;and sexual orientation)age(40 years and older),genetic information,disability,veteran status, retaliation,or any other applicable status protected by Federal,State,or Local law. 16 DocuSign Envelope ID:4A911CF7-7051-46DB-A9FF-E8728839D60C Exhibit B FORMULARIO DE QUEJA DE IGUALDAD DE OPORTUNIDADES DE EMPLEO (EEO) Para preguntas o para solicitar una copia del Programa de EEO (Igualdad de oportunidades de empleo) de ECOTransit y los procedimientos de quejas, contacte a: Greg Barrett Oficial EEO de ECO Transit, (970) 328-3536 o Greg.Barrett@eaglecounty.us. Nombre (de la persona que realiza la queja): Telefono: ( ) Correo ElectrOnico: DirecciOn: Cuidad: Estado: Codigo postal: Razon por la cual realiza la queja de discriminaciOn: (indicar toda la informacion requerida) ❑ Raza 0 Sexo(incluyendo embarazo,parto o condiciones medicas ❑ Color relacionadas;identidad de genero;y orientaciOn sexual) ❑ Religion 0 Edad (fecha de nacimiento) ❑ Origen Nacional 0 Discapacidad ❑ InformaciOn Genetics ❑ Estatus de Veterano ❑ CompensaciOn ❑ Acoso Sexual 0 Represalia ❑ Otro (especifique) ,Cual fue el hecho que usted considera fue discriminatorio? (Incluya la fecha(s)del hecho, acciones, nombres y titulos de la persona(s)que cree que fue discriminatorio en su contra.) (Adjunte una hoja aparte, si es necesario) (1)AcciOn: Fecha del incidente: Nombre: Titulo: (2)AcciOn: Fecha del incidente: Nombre: Titulo: Explique brevemente la situaciOn/incidente: (Adjunte una hoja aparte,si es necesario) 17 DocuSign Envelope ID:4A911 CF7-7051-46DB-A9FF-E8728839D60C Testigo(s): ❑ Si ❑ NO Lista de testigo(s): (Adjunte una hoja aparte, si es necesario) (1) Nombre: Telefono: ( ) Informacion que el testigo puede proporcionar del evento(s): (2) Nombre: Telefono: ( ) Informacion que el testigo puede proporcionar del evento(s): (3) Nombre: Telefono: ( ) Informacion que el testigo puede proporcionar del evento(s): Personas a las que informo el supuesto suceso; cuando(fechas)y metodo(verbalmente, correo electronico, etc.) Nombre Fecha Metodo de comunicacion 18 DocuSign Envelope ID:4A911 CF7-7051-46DB-A9FF-E8728839D60C AFIRMACION Al firmar a continuaciOn, usted acepta que(1)ha leido,comprendido y aceptado los terminos y procedimientos para rastrear e investigar las quejas de discriminaci6n y(2)afirma que la informaci6n anterior es fiel a to mejor de su conocimiento. Entiendo que ademas de las acciones tomadas por ECO Transit en este asunto,tengo derecho a presentar una queja ante la DivisiOn de Derechos Civiles de Colorado(CDCR)y/o la ComisiOn de Igualdad de Oportunidades de Empleo de los Estado Unidos(EEOC). Firma Nombre impreso Fecha Enviar este formulario completo junto con cualquier material escrito o cualquier otra informacion que usted piensa que es relevante para su queja a: ECO Transit Greg Barrett, EEO Officer 3289 Cooley Mesa Road PO Box 1070 Gypsum, CO 81637 SOLO PARA USO INTERNO Para ser completado por Greg Barrett,Oficial de EEO Aceptado para investigaciOn formal: / / Remitido a otro departamento en: / / Rechazado: Motivo del rechazo: Greg Barrett, EEO Officer Date ECO Transit es un Empleador de Igualdad de Oportunidades ECO Transit no discrimina a base de raza,color,religi6n,sexo(incluyendo embarazo,parto o condiciones medicas relacionadas; identidad de genero;y orientaciOn sexual),edad(40 anos y mayores), informaci6n genetica,discapacidad,estado de veterano, represalias,o cualquier otro estatus aplicable protegido por ley federal,estatal o local. 19 DocuSign Envelope ID:4A911 CF7-7051-46DB-A9FF-E8728839D60C Exhibit C Eagle County Government Job Posting Guidelines Internal Postings • Employees will be provided notice of and the opportunity to apply and be considered for advancement opportunities or lateral moves within the organization. Notice of promotional opportunities, including new positions and vacancies in existing positions will be posted on the internal, electronic Eagle County job board ("electronic job board"), which is accessible to all current employees. o A "promotional opportunity" exists when Eagle County Government anticipates a vacancy in an existing or new position that could be considered a promotion for one or more employee(s) in terms of compensation, benefits, status, duties, or access to further advancement. This includes position reclassifications -where there is a title change and/or a significant change in scope, authority, duties or opportunities. • Exceptions may include: • Replacement of an incumbent employee who, for reasons other than avoiding a job posting requirement, is not yet aware of their impending separation. • The promotion automatically follows a trial period of one year or less, and the commitment to consider the employee for promotion is memorialized in writing (offer letter) and based solely on the employees performance and/or Eagle County Government's needs. • Temporary, acting or interim positions lasting up to 6 months. If the temporary position is extended beyond 6 months, the position must be posted internally. • Positions where there is a change in position type (increase in hours) i.e. .75 FTE to 1.0 FTE, but no change in title, authority, benefits, duties or opportunities. • All positions that are considered promotional opportunities will be posted internally for a minimum of 14 days via our electronic job board and will include at least the job title, essential job duties/required qualifications, range of compensation for the position and benefits information. • Information about where to locate internal job postings and how to apply will be shared on a monthly basis via electronic newsletter and will be posted on the County's employee intranet site, which all employees have access to. • At the request of the hiring manager, job opportunities may be more actively marketed to the organization via electronic newsletter, internal social media or other means, as applicable. 20 DocuSign Envelope ID:4A911 CF7-7051-46DB-A9FF-E8728839D60C External Postings • Reminder- all positions that are considered promotional opportunities will be posted internally for a minimum of 14 days, if the hiring manager intends to fill the position with an internal candidate, regardless of the existence of a development or succession plan. • If a hiring manager would like to consider external candidates for any position that could be considered a promotional opportunity, the position should be posted both internally and externally for at least 14 days externally in an effort to attract the most qualified and diverse pool of candidates. At the request of the hiring manager and the discretion of the HR department there may be circumstances where a position is posted externally for a shorter period of time, but shall not be posted for less than 3 days. • Positions may be posted externally at the same time a position is posted internally. The hiring manager may choose to delay posting a position externally until the position closes internally. • Positions will be posted via our electronic job board and will include at least the job title, essential job duties/required qualifications, range of compensation for the position and benefits information. Positions may be posted externally at the same time a position is posted internally. Or the hiring manager may choose to delay posting externally until which time the position closes internally. 21 DocuSign Envelope ID:4A911CF7-7051-46DB-A9FF-E8728839D60C Exhibit D Eagle County Government Discrimination and Harassment Complaint and Reporting Procedures Complaint Procedure If you believe there has been a violation of the EEO or Title VI Nondiscrimination policy or harassment based on the protected classes outlined above, including sexual harassment, please use the following complaint procedure. The County expects employees to make a complaint as soon as possible, usually within two working days, to enable the County to investigate and correct any behavior that may be in violation of this policy. Report the incident to the Executive Director of Human Resources or the County Manager who will investigate the matter and take corrective action. Your complaint will be kept as confidential as practicable. If you prefer not to go to either of these individuals with your complaint, you should report the incident to the County Attorney. If you need to make a complaint after regular business hours please contact the County Attorney at 328-8686. The County prohibits retaliation against an employee for filing a complaint under this policy or for assisting in a complaint investigation. If you perceive retaliation for making a complaint or your participation in the investigation, please follow the complaint procedure outlined above. The situation will be investigated. If the County determines that an employee's behavior is in violation of this policy, disciplinary action will be taken, up to and including termination of employment. • 22