HomeMy WebLinkAboutMC-886
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Effective: October 21, 1993
"
ORDINANCE NO.
MC-886
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2.45 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A HUMAN
RELATIONS COMMISSION.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 2.45 is hereby added to the
San
Bernardino Municipal Code to read as follows:
2.45.010. Findings.
The population of the City of San Bernardino is composed of
people of various racial, religious and ethnic groups.
In this
Ci ty, the practice of discrimination based on race, sex, age,
color, ethnicity, religion, national origin, ancestry, physical
disability, marital status, political affiliation and/or beliefs
and any other category protected by law and the exploitation of
prejudice related thereto adversely affects members of the above
groups.
Such discriminatory practices are inimical to the public
welfare and good order in that they:
(a) Impede social and economic progress for the entire
ci tizenry by preventing members of the above groups
from achieving full development of their individual
potentialities and from contributing fully to the
cultural and business life of the community;
(b) Constantly frustrate, degrade and embitter members of
the above groups, thereby diminishing their initiative
and interest in the community; and,
(c) Tend to create intergroup hostilities and anti-social
behavior.
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The products of discrimination accumulate continuously, with
the result that the social, economic and educational gaps between
those suffering discrimination and the rest of the community
constantly widen. As a result, mere prohibition of present and
future discrimination, while essential, will not reduce the
inequalities and disadvantages which a history of discrimination
has produced. Accordingly, remedial action must be initiated,
encouraged, and coordinated, particularly educational programs tb
bring groups together to close gaps.
Experiences of other urban centers throughout the nation
have proven the need for the effectiveness of commissions
empowered to study community, race and human relations problems,
to work with interested citizens to develop programs to ameliorate
tensions and reduce cultural, social, and economic disadvantages
and to encourage and coordinate implementation of such programs
consistent with the needs and rights of members of all groups in
the community.
2.45.020. Purpose and Intent.
It is the purpose and intent of this Chapter to create a
Human Relations Commission for the City of San Bernardino which
shall consult with and advise the Mayor and Common Council on
issues involving the rights of citizens of, and visitors to, the
City of San Bernardino to equal economic, political and
educational opportunity, and to equal accommodations in all
business establishments in the City. The Commission shall strive
to give effect to such rights to eliminate prejudice and
discrimination because of race, sex, age, color, ethnicity,
religion, national origin, ancestry, physical disability, marital
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MC-88G
status, political affiliation andlor beliefs and any other
category protected by law and shall advise the Mayor and Common
Council on methods to inform the inhabitants of the City of San
Bernardino of developments in human relations. The Commission may
recommend use of mediation andlor conciliation processes to
attempt to eliminate alleged unfair or unlawful discriminatory
practices as defined herein. The Commission shall not duplicate
the duties or responsibilities of the Equal Employment Opportunity
Committee of the City, and for that reason shall not hear
complaints of discrimination involving City employees, in their
capacity as employees.
2.45.030. Scope.
This Chapter applies to all discriminatory practices and to
resulting inter-group tensions specifically covered by the
provisions of this Chapter occurring within the territorial limits
of the City of San Bernardino, and, to the extent permitted by
law, to activities outside the City which reasonably affect such
practices and tensions within said territorial limits. Nothing in
this Chapter, however, shall be interpreted or applied so as to
create any power or duty in conflict with the preemptive effect of
any federal or state law, City Ordinances, or City Resolutions.
Nor shall anything in this Chapter be implemented in a way that
overlaps already existing federal or state programs; rather,
federal or state programs shall be utilized or supplemented when
necessary, appropriate and feasible to give effect to this
Chapter.
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2.45.040. Definitions.
As used in this Chapter:
(a) "Commission" is the Human Relations Commission.
(b) "Conciliation" is a voluntary process in which a
neutral third party serves as an intermediary between
the conflicting parties. The parties mayor may not
meet directly.
(c) "Discrimination" is the unlawful treatment of or
distinction against a person based on the group, class
or category to which that person belongs rather than on
individual merit. Those classes or groups protected by
this Chapter are those defined in federal or state law.
(d) "Mediation" is a voluntary dispute resolution process
in which the parties in conflict meet with a neutral
third party in an attempt to resolve the conflict or
dispute in a manner that is satisfactory to the parties
in conflict.
(e) "Reasonable cause" is a threshold standard for the
Commission to initiate a conciliation or mediation
process. The standard is met when the examination of
the alleged unfair or unlawful practice produces
sufficient credible evidence that would cause a
reasonable person of ordinary care and prudence to
conclude that the unfair or unlawful practice occurred.
(f) "Unfair" shall mean not fair or not conforming to
fundamental notions of justice, honesty, ethics, or the
like.
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(g) "Unlawful practice" shall mean any policy or practice
which constitutes illegal discrimination as defined in
federal, state or local laws.
2.45.050. Human Relations Commission Established.
(a) There is hereby created a Human Relations Commission
consisting of ten (10) members who shall serve without
compensation. All members of the Commission shall be
residents of the City of San Bernardino. All
prospective members shall have demonstrated an
expertise in human relations work and a commitment to
fostering better human relations in the City of San
Bernardino.
(b) The Mayor shall appoint two (2) members, plus one (1)
non-voting youth representative. The youth
representative shall not be considered in determining
a quorum of the Commission nor in determining majority
vote. Each Councilperson shall appoint one (1) member
who need not be a resident of the Ward. Each
appointment shall be confirmed by the Common Council.
The terms shall be concurrent with the appointing
powers.
(c) The Commissioners shall elect a Chair from among the
voting members. The Chair shall serve at the pleasure
of the members, but for no longer than two (2) years.
(d) The Commissioners may be removed for cause by a vote of
a majority of the members of the Common Council.
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(e) Subject to its unfettered legislative discretion, the
Common Council will use good faith efforts to ensure
that:
(1) Sufficient funds and necessary staff are provided
to assist the Commission in carrying out its
duties and responsibilities; and,
(2) The Commission reflects the cultural diversity of
the community including ethnicity, gender, age,
disabili ty and any other category protected by
law.
2.45.060. Powers and Duties.
The Commission shall:
(a) Conduct programs designed to bring groups together to
close gaps resulting from past discriminatory practices
and to address pro-actively current or ongoing
intergroup tensions.
(b) Mediate disagreements among individuals, groups and
organizations which result from discriminatory
practices within the scope of this Chapter.
(c) Process complaints which cannot be resolved through
mediation as provided in the procedures in Section
(d)
2.45.080.
Adopt, by majority vote of its members, by-laws
governing the conduct of its meetings and activities,
the establishment of subcommittees, and such other
rules as may be necessary for the performance of its
functions, provided that such by-laws shall specify
that a quorum shall at all times consist of a majority
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of its authorized membership and that any amendments to
the by-laws shall require an affirmative vote of a
majority of its authorized membership.
(e) Render a written report of its activities to the Mayor
and Common Council not less than once every six (6)
months. Such report shall include:
(1) Case histories of conciliation or mediation
settlements made under this Chapter, the
disclosure of which, in the judgment of the
Commission, will further the objectives of this
Chapter.
(2) Recommendations to the Mayor and Common Council
for development of pOlicies and procedures which
will further the objectives of this Commission.
(3) Recommendations to the Mayor and Common Council
of additional legislation deemed by the
Commission to be necessary to carry out the
purposes of this Chapter.
(4) Recommendations of actions to be taken by the
Mayor and Common Council for the purposes of
furthering of the objectives of this Commission.
(f) Maintain records and serve as the source of accurate
and reliable data on practices, activities, and other
problems which are the subject of this Chapter.
(g) Meet not less than once a month.
(h) In addition to the other powers and duties set forth in
this Chapter, the Commission shall have the power and
duty to:
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MC-886
(1) Prepare and disseminate educational and
informational material relating to prejudice and
discrimination and recommend ways and means of
eliminating such prejudice and discrimination.
(2) Furnish cooperation, information, guidance and
technical assistance to other public agencies and
private persons, organizations and institutions
engaged in activities and programs intended to
eliminate prejudice and discrimination.
(3) Consult and maintain contact with other public
agencies and representatives of employers, labor
unions, property/business owner's associations,
professional associations, national origin
groups, community organizations concerned with
interracial, interreligious and intercultural
understanding, social welfare organizations, and
such other private organizations and institutions
as the Commission shall deem advisable to further
objectives of this Chapter.
(4) Advise and make written recommendations to the
Mayor and Common Council concerning the
development and implementation of programs and
practices for the purpose of furthering the
objectives of this Chapter. If necessary, the
Commission and an agency, board, or other officer
which the Commission is assisting shall submit
timely reports of progress in establishing and
implementing such programs and practices as are
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from time to time requested by the Mayor or
Common Council through the staff of the
Commission.
(5) Examine, and, with the assent of the concerned
parties, conciliate or mediate all incidents of
discrimination within the scope of this Chapter
to the extent such functions are not within the
responsibilities of the Department of Fair
Employment and Housing or any federal, county,
state, city, or other established agency, and
make specific and detailed recommendations to the
interested parties as to the method of
eliminating such discrimination.
(6) Prepare, encourage and coordinate programs based
on established laws, regulations, pOlicies, or
goals to eliminate or reduce existing
inequalities and disadvantages in the community
resulting from past discriminatory practices.
(7) Hold public hearings on community-wide problems
which may result in discrimination because of
race, sex, age, color, ethnicity, religion,
national origin, ancestry, physical disability,
marital status, political affiliation andlor
beliefs, or any category protected by law. Such
hearings shall be conducted informally and shall
not be bound by the formal rules of evidence, and
such hearings shall be taped.
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( 8 ) Request through the Ci ty Administrator or
Department Heads information, services,
facilities or any other assistance for the
purpose of furthering the objectives of this
Chapter.
(9) Appoint subcommittees as may be required to
address specific human relations problems. Such
subcommi ttees shall be composed of persons who
are members of the Commission.
(10) Support and participate in activities which bring
together various factions and view points on
emerging issues in a way that will help the
community to resolve the issues which arise with
change.
(11) Maintain close liaison with the Police
Department, through the Police Chief or his/her
representative, and promote understanding and
cooperation between the Police Department and
residents of the community.
(12) Cooperate with the Police Department in assuring
that cultural diversity training is provided for
all police personnel.
(13) Encourage and assist representatives of the local
law enforcement agencies, the judicial system and
other interested community groups in developing
and maintaining harmonious relationships between
the law enforcement agencies and the residents of
the City.
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MC-886
(14) The Commission shall neither be considered in
theory nor function as a police review board.
2.45.070. Cooperation with Other Communities and Agencies.
The Commission shall consult with and maintain contact with
human relations agencies, both public and private, and shall
cooperate in the development and implementation or inter- and
intra-community relations programs to further the objectives of
this Chapter.
2.45.080. Complaint Resolution Process.
(a) Upon the filing with the Commission of a complaint by
any individual or entity alleging that an unfair or
unlawful practice of discrimination has occurred, the
staff, following consultation with the Commission
Chair, and written consent by all parties, shall
undertake an examination of the complaint. If, upon
such examination, it is found that the individual or
enti ty charged in the complaint has not or is not
engaged in any unfair or unlawful practice, such
finding shall be set forth in writing and shall be
filed with the Commission, and the complaint shall be
dismissed. It shall be the responsibility of the
Commission to notify, in writing, all parties to the
complaint of such dismissal. If, upon such
examination, it is found that reasonable cause exists
for the allegations made in the complaint, the Chair of
the Commission, pursuant to regulations duly adopted by
the Commission, shall designate one or more of the
Commissioners to endeavor to eliminate the alleged
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unfair or unlawful practice charged in the complaint by
means of conciliation or mediation. The Commission may
make specific recommendations to the parties.
Such recommendations shall not constitute a
decision, finding of fact, judgment or order of the
Commission, nor be binding upon or admissible in any
court in any subsequent proceedings brought under
subsection (e) of this section to the extent allowed by
law.
(b) All evidence and information given to or obtained by
the Commission in any proceedings under the provisions
of this Chapter are subject to the California Public
Records Act. (Government Code ~6450, et seq.).
(c) A party to this process retains all legal or
constitutional privileges and defenses to the extent
allowed by law.
(d) If the party committing an alleged unfair or unlawful
practice complies with the recommendations of the
Commission, the matter shall be deemed settled and
terminated, and no other proceedings shall be had or
taken by the Commission.
(e) If the Commission is unable to resolve an alleged
unfair or unlawful practice, it may refer the aggrieved
person or matter in dispute to the appropriate
prosecutorial or regulatory entity for appropriate
legal action to resolve such alleged unfair or unlawful
practice. The Commission shall, at the time of
referring this matter, transmit to the appropriate
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MC-886
prosecutorial or regulatory entity a copy of its
findings and recommendations in the case. The
appropriate prosecutorial or regulatory entity, in its
discretion, may proceed to secure from an appropriate
court an order enjoining the defendant(s) from
continuing or repeating such practice or any other
order authorized or provided by law. If the
Commission, prior to commencement of the court
proceedings, as a result of its effort finds that the
alleged violator no longer engages in the alleged
unlawful practice described in the findings and
complies with the recommendations of the Commission, it
shall advise the appropriate agency.
( f) In order for a complaint to be considered by the
Commission, the unfair or unlawful practice of
discrimination complained of must have occurred within
one (1) year immediately preceding the filing of the
complaint.
2.45.090. Individual Remedies.
Nothing in this Chapter or the provisions thereof shall be
construed as granting or denying to an aggrieved individual or
entity an additional right to pursue a civil action against any
person, firm, partnership, association, corporation or agency, or
any action allowed under state or federal law.
2.45.100. Meetings.
(a) All meetings of the Commission shall be held consistent
with the Ralph M. Brown Act. (Government Code ~54950,
et seq.).
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(b) A Commissioner who misses three (3) consecutive
meetings or one-third of all the regularly scheduled
meetings within the City's fiscal year without good
cause shall be automatically removed from the
Commission.
(c) A quorum shall consist of a majority of the authorized
voting membership of the Commission.
(d) When there are nine ( 9) or fewer voting Commission
members in attendance, but at least a quorum, five (5)
votes shall be required for official action.
2.45.110. Severability.
If any part or provision of this Chapter or the application
thereof to any person or circumstance is held invalid, the
remainder of this Chapter, including the application of such part
or provision to other persons or circumstances, shall not be
affected thereby and shall continue in full force and effect. To
this end, the provisions of this Chapter are severable.
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MC-S86
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2.45 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A HUMAN
RELATIONS COMMISSION.
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I HEREBY CERTIFY that the foregoing Ordinance was duly
4 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
reRular
1993, by the following vote, to wit:
day of September
Council Members:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
AYES
x
x
x
x
x
meeting thereof, held on the 20th
NAYS
ABSTAIN
ABSENT
x
x
Q~~
Ciq Clerk
of September
The foregoing Ordinance is hereby approved this 23rd
day
, 1993.
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
( /)
By: ~1?\L? '1 r('LL'\NV~
(/
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..-'" I _..j" /
, . rcfiF1 I ", {~ It+/\..
Tom Minor; Mayor
City of San Bernardino
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August 17. 1993