ADMINISTRATIVE ORDER NO. 59
JAY S. HAMMOND
OFFICE OF THE GOVERNOR
June 20, 1980
In further pursuit of the State of Alaska's commitment to
human rights as expressed in the State Constitution and Alaska
Statute 16.80.200, as amended, I, Jay S. Hammond, Governor of
the State of Alaska, under the authority granted by Article III
of the Alaska Constitution and by Alaska Statute 44.17.060, order
the following as the equal employment opportunity policy of the
executive branch of the State of Alaska:
1. Statement of policy; General Requirements
1.1 The policy of the executive branch of the State of Alaska
is equal opportunity and nondiscrimination in all of its employment
decisions, programs, and activities. The state shall take affirmative
steps to implement this policy in the internal affairs of state
government, as well as its relations with the public.
1.2 All departments or appointing authorities shall have affirmative
action programs and written plans to conform with this order.
All affirmative action programs and plans shall be reviewed by
the Department of Administration, Division of Equal Employment
opportunity, established in part 2 of this order.
1.3 Affirmative action requires that steps be taken in all
departments to eliminate discriminatory barriers to employment
on the grounds of race, religion, color, national origin, age,
sex, handicap, marital status, changes in marital status, pregnancy
or parenthood, when the reasonable demands of the position do
not require a distinction. It also requires positive, aggressive
measures to ensure that all terms and conditions of employment
including, but not limited to, the areas of recruitment, hiring,
assignments, evaluation, promotion or transfer, layoff, termination,
training, compensation, and treatment are not arbitrarily discriminatory
on the grounds listed.
2.1 The Commissioner of the Department of Administration is
responsible for the Equal Employment Opportunity Program. Specific
responsibility and authority for administering and implementing
the state's Equal Employment Opportunity Program is assigned
to the Division of Equal Employment Opportunity, established
within the Department of Administration.
2.2 The Director of the State Division of Equal Employment
Opportunity shall administer the Equal Employment Opportunity
Program for employment within the executive branch, and shall
carry out the state's policy on nondiscrimination, equal employment
opportunity, and affirmative action in employment within the
executive branch. The Director shall:
(1) develop and implement guidelines, standards, and procedures
governing the preparation, timely submission, and review of affirmative
action plans by all departments within the executive branch;
(2) give final approval or disapproval of all affirmative
action plans submitted by each department;
(3) conduct an ongoing review of affirmative action plans
and their implementation to assure that programs are in compliance
with this administrative order;
(4) Establish a uniform complaint procedure which is to be
included in all affirmative action plans and available to all
persons subject to this administrative order, including applicants
as well as employees. This procedure must be used to investigate,
determine, and resolve issues covered by this Administrative
Order or related to affirmative action plans. This procedure
is a means by which persons may bring issues covered by this
order to the attention of responsible officials for the purpose
of investigation, determination, and resolution. However, a failure
to comply with this procedure does not deny a person any right
he would not otherwise have under the United States and Alaska
Constitutions and statutes.
(5) Maintain contact with state agencies, employees, or applicants
and any state or federal enforcement agency in connection with
all issues covered by this administrative order.
(6) Cooperate with the director of the Division of Personnel
to ensure that the state personnel
system is operated in ways which provide assistance to appointing
authorities in meeting affirmative action goals and that all
personnel system policies, practices, and regulations comply
with this administrative order.
(7) Monitor employment practices and policies and take necessary
measures to ensure that all conditions of employment, including
but not limited to, the areas of recruitment, hiring, assignment,
evaluation, promotion, demotion, transfer, layoff, termination,
training, compensation and treatment are not arbitrarily discriminatory
on the grounds listed in sections 1.3 of this order.
(8) Review all employee collective bargaining agreements
on a continuing basis to ensure compliance with this administrative
order and advise the director of the Division of Labor Relations
on EEO matters as they pertain to contract negotiations and management.
(9) Provide training to management, supervisors, and employees
to strengthen knowledge and understanding of state and federal
anti-discrimination laws and subjects covered under this administrative
(10) Prepare the overall state affirmative action plan which
is to consist of this administrative order, the annual plan,
and the annual report. The state affirmative action plan must
be submitted to the commissioner of administration, the governor,
and the legislature no later than January 31 of each year.
2.3 The commissioner of each department or the authority
in agencies of the executive branch that are not in departments
(l) Have an affirmative action plan setting forth goals and
timetables, identifying problem areas, outlining remedies, and
specifying reasonable measures to eliminate the effects of any
past or present discriminatory practices and terms, conditions,
and privileges of employment.
(2) Select an official of the department at the level of director
or above who is to be designated the department equal employment
opportunity representative. The department equal employment opportunity
representative shall supervise development and implementation
of the department's affirmative action plan and program.
This administrative order takes effect immediately.
DATED , 1980, at Juneau, Alaska.
S/S Jay S. Hammond
Jay S. Hammond
Governor of Alaska