Comprehensive harassment, antidiscrimination, implicit bias and cultural competency training

(a)

Purpose. This section implements the training program described in section 10.03 of the Charter. For purposes of this section, the official's designee shall be the training administrator, who shall be appointed by the official.

(b)

Definitions. For the purposes of this section, certain abbreviations, terms, phrases, words and their derivatives shall have the following meanings:

(1)

Appointed employee means any employee, regardless of the classified or unclassified service status, who holds a managerial position on the mayor's executive staff, and/or department and division heads or directors, deputy department and deputy division heads or directors, the city attorney and all assistant city attorneys.

(2)

Appointed officer or official means any person appointed to a public board of the city.

(3)

Elected officer or official means any person elected to any city office.

(4)

Employee means any individual, other than an elected officer or law enforcement officer, receiving compensation for services performed for the city (except individuals who perform services as independent contractors), whether part time or full time.

(5)

Heads of departments shall be those individuals appointed by the mayor pursuant to section 6.03 of the Charter.

(6)

Implicit bias training means a comprehensive harassment, antidiscrimination, implicit bias and cultural competency training program designed, among other things as determined by the training administrator, to provide the exposure, tools, and understanding necessary to promote diversity, institutionalize cultural competence, and encourage interpersonnel relationships and the provision of services in an accepting and inclusive environment conducted either in-person, using electronic media/forum ("online"), in print, or otherwise as determined by the training administrator. The training programs shall be developed and primarily presented by qualified trainers who are not employees of the City of Tampa.

(7)

Law enforcement officer shall mean one who is employed by the City of Tampa Police Department as a law enforcement officer, as that term is defined by F.S. § 943.10(1).

(8)

New hires shall mean those employees hired after the effective date of the ordinance establishing section 12-6 and who were not previously employed by the city; provided however, if an individual's only "previous city employment" occurred prior to January 1, 2000, such previous employment shall not count as such for purposes of this definition.

(9)

Training administrator means that person appointed pursuant to this section.

(c)

Training administrator. The training administrator's powers and duties shall include the following:

(1)

Prepare, provide, and administer implicit bias training program(s) as required by this section 12-6 and as may otherwise be requested, advisable, appropriate or beneficial to support and promote a diverse, accepting, and inclusive city workforce.

(2)

Determine specific curriculum, focus, and distribution means for implicit bias training program(s) so such programs may be implemented in an agile, timely, and responsive manner reflective of audience, need, and the city's best interests.

(3)

By written policy, adjust or modify suggested minimum training hours and training times as may be appropriate, fiscally responsible, and in balance with service priorities in the best interests of the city.

(4)

Provide a certificate of completion to each head of department and elected official who has completed implicit bias training. The training administrator shall retain these certificates and make them available to the public upon request.

(5)

Administration, interpretation, and enforcement of this section.

(6)

Development of metrics to track the effectiveness of the implicit bias training programs and compliance with the language in section 10.03 of the City Charter and herein, regarding the topics to be addressed in the training. The training administrator shall report on such metrics to the mayor and city council, on an annual basis, with such report to be included on a city council meeting agenda, commencing no later than December 31, 2022.

(7)

Such other powers and duties as may be necessary to carry out the purposes of this section.

(d)

Minimum training requirements for employees and elected officials, other than law enforcement officers.

(1)

Initial training.

a.

Upon election/appointment. Elected officials, appointed employees, and heads of department, other than law enforcement officers, who assumed such office, employment, or role on or before the effective date of the ordinance establishing this section, shall complete not less than four (4) hours of implicit bias training no later than December 31, 2021. Except as provided in section 12-6(d), below, elected officials, appointed employees, and heads of department who assume office after said ordinance effective date shall complete not less than four (4) hours of implicit bias training within six (6) months of assuming such office, employment, or role.

b.

Upon hiring. New hires, other than law enforcement officers, shall complete not less than four (4) hours of implicit bias training within six (6) months of being hired. Employees hired prior to January 1, 2000, who have not otherwise completed an implicit bias training class acceptable to the training administrator shall complete four (4) hours of implicit bias training by December 31, 2022.

c.

In addition to the implicit bias training provided to all non-law enforcement officer employees, as described above, employees of Tampa Fire Rescue shall receive an additional four (4) hours of training in a course that addresses topics such as the effects of stereotyping, generational biases, discrimination, harassment, sexual orientation, inappropriate behavior and language, and viewpoints and values specific to service with Tampa Fire Rescue.

d.

Upon advancement. Any employee, other than a law enforcement officer, who is advanced (or further advanced) to or newly assumes or further assumes managerial responsibility, including becoming/advancing to an appointed employee position or head of department, after the effective date of the ordinance establishing this section shall complete not less than two (2) hours of implicit bias training focusing on management challenges and tools within six (6) months of the date of such advancement or assumption.

(2)

Refresher training. Elected officials and employees, including appointed employees other than law enforcement officers, shall biennially (once every two (2) years) complete not less than two (2) hours of implicit bias training commencing in 2023 or no later two (2) years after their initial implicit bias training session, whichever is later.

(e)

Training for law enforcement officers.

(1)

The implicit bias training for law enforcement officers shall utilize a curriculum consistent with that developed by the U.S. Department of Justice Office of Community Oriented Policing Services, or an equivalent program, and shall specifically include, but not be limited to, segments on human diversity interpersonal skills and discriminatory profiling.

(2)

All law enforcement officers shall comply with the following training requirements:

a.

Upon hiring. Every newly hired law enforcement officer shall participate in eleven (11) hours of implicit bias training as described herein.

b.

Upon advancement. Any law enforcement officer who is advanced (or further advanced) to or newly assumes or further assumes managerial or supervisory responsibility, after the effective date of he ordinance establishing this section, shall complete not less than two (2) hours of additional implicit bias training, focusing on management challenges and tools within six (6) months of the date of such advancement or assumption of responsibility.

(3)

Refresher training. Law enforcement officers shall biennially (once every two (2) years) complete not less than two (2) hours of implicit bias training beginning in 2023 or no later than two (2) years after their hiring date, whichever is later.

(4)

Related training. Nothing herein is intended to preclude or otherwise limit law enforcement officers from continuing to receive other related training, such as critical incident response training; training related to autism/Asperger's awareness, and other such training provided to law enforcement officers on a regular basis for the purpose of enhancing their sensitivity and reactions to circumstances they may encounter in the course of their work.

(f)

Exception.

(1)

Any elected officials, appointed employees, and heads of department who (i) completes their initial implicit bias training as required under section 12-6(c)(1)a. and (ii) within five (5) years of said implicit bias training completion date is reappointed, reelected, or assumes another elected office or appointment shall not by virtue of same be required to again complete the initial training required under section 12-6(c)(1)a.; provided, however, nothing in the foregoing shall exempt such elected official, appointed employee, or head of department from the refresher training requirement of section 12-6(c)(2).

(2)

This section shall not apply to an appointed officer or official; provided, however, nothing in the foregoing shall prevent an appointed officer or official or their city public board from requesting implicit bias training.

(Ord. No. 2020-153, § 2, 12-3-2020)

Secs. 12-7—12-15. - Reserved.

ARTICLE II. - EMPLOYMENT DISCRIMINATION

DIVISION 1. - GENERALLY