An affirmative action program for the City of New Ulm will be considered and possibly voted on by City Council Jan.6.

The program would be “like a personnel policy,” said City Atty. Terence Dempsey. “It would be an affirmative attempt to attract, employ and promote minorities and women” in city government jobs, he said.

THERE IS some disagreement about whether New Ulm has the choice to adopt or not adopt the measure.

William Wilson, commissioner of Minnesota Department of Human Rights, said “the city is required to have an affirmative action program because it is a recipient of federal funds.”

Dempsey said it is his understanding that adoption of the program is not mandated by law.

“Some funding programs may make it a requirement,” he said.

Any time the federal government gives cities money it can set qualifications for receiving it, he explained. But he said he is not aware of a blanket statute requiring an affirmative action program for use of any or all federal funds.

COUNCIL MEMBERS debate the merits of the program believing that they have the option to reject it by law even though the city’s need for federal grants may close the option.

John Mowan, council member,said he opposes the bill but reserves the right to change his mind.

In his view, the protection against job discrimination offered to women and minorities in the city bill is already provided for under state and federal law.

Dempsey said the protection is “not exactly the same.” City law would require “an affirmative step”to recruit and hire women and minorities, he said. Under state and federal law, New Ulm government could take a “passive’ approach of “just not discriminating,” he explained.

William Gafford, council chairman, said he stands against the program. But he said because the program is tied to federal grants,” I guess we don’t have much of a choice the way I understand it.”

HE FORESEES the program turning “operation of the city over to somebody else.” The state Human Rights Department would, as he reads the bill,”almost tell us who to hire and fire.”

Cost, he said, is another drawback of the program.

“I feel it’s going to cost a terrific amount of money, keeping all those records,” he said.” Who is going to pay for it all? The taxpayers of the city.”

“I’M IN FAVOR of equal treatment. I’m not in favor of discrimination,”‘ said George Germann, a council member, who supports the program.

“We want equality before the law. That’s what we say. We might as well practice what we preach. I think we’d be foolish to given an unfavorable impression when irregardless of what we do we’d have to live up to the law anyway,” Germann said.

“I don’t see any object in not passing it and if we don’t we might not qualify for some federal program.”

“THE PROGRAM is not intended to be a stepping stone to further public grants,” Dempsey said. “The purpose is to attract these people, employ and promote them. You can’t equate that with finances from the federal government. But some funding programs may make it a requirement.”

That is the case with Law Enforcement Assistance Administration (LEAA) money the city is hoping to receive for automatic recording equipment for fire and police department communications.

Without an affirmative action program, New Ulm will not qualify for about $3,000 for LEAA.

Matthew Peterson, personnel technician for MCVOG, backs recommendation. The city of New Ulm, he said, does need federal funds and law requires an affirmative action program to qualify.

“The city might be able to get by without one for a year, maybe even two years,” while enforcement of the law is still lax, he explained. “But it won’t be long before bureaucracies at the state and federal level become efficient enough that they will require compliance of all the cities in the state.

“Somewhere down the line, local governments have a responsibility to be leaders in these types of matters like human rights and energy conservation,”‘ he commented.

New Ulm Daily Journal

Dec. 26, 1975