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HomeMy WebLinkAbout25-Mayor's Office CITY Of SAN BEt~;NARDINO - REQUEST ~9R COUNCIL ACTION From: The Human Relations Commission Subject: The Human Relations Commission 6-Honth Report to the Hayor and Common Council. Dept: Office of the Mayor Date: September 21. 1994 Synopsis of Previous Council action: AD;l\lN. 'OFFiCi'. NONE ~1 SEP 9< Z.J 'j7 Recommended motion: That the Human Relations Commission's first 6-Month Report be received and filed. ~~~ Signature Cont8ct: penon: T s:m,.i ~ r.JU"IIni A Phone: 5133 Supporting dIt8 .tta..hed: V':U:l! WlIrd: FUNDING REQUIREMENTS: Amount: Source: IAcct. No.1 (Acct. DescriDtionl Fin..ce: Council No1lll: 75-0212 Agenda Item No JS 91TY OF SAN BERN~DINO - REQUEST Faa COUNCIL ACTION \..,.. .... , STAFF REPORT Since the first meeting of the Human Relations Commission (HRC) on January 20, 1994, the Commission has been diligently working to establish itself as a viable means for citizens to employ when addressing issues of discrimination and equal opportunity in the city of San Bernardino. Attached is the Human Relations Commission's 6-Month Report required by Ordinance MC-886. Additionally, the Human Relations Commission is submitting its goals for FY 94/95 and a Strategic Plan for FY 94/95. This Strategic Plan is a "road map" established by the Human Relations Commission to assist in meeting the goals set forth in the Ordinance and by the Commission. All attached documents have been approved by the Human Relations Commission and are being submitted to the Mayor and Common Council with the aforementioned motion. '5.0264 o 0 CITY OF SAN BERNARDINO HUMAN RELATIONS COMMISSION SEMI-ANNUAL REPORT TO THE MAYOR & COMMON COUNCIL SEPTEMBER 1994 Chairperson Cobn Vice-Chairperson Beauregard Commissioner Arias Commissioner Congdon Commissioner Faulkner Commissioner Duffy Commissioner Frederick Commissioner Hill Commi!l!lioner Morris Youth Commissioner Smith Laurie CaDDis, Human Relations Coordinator o o HUMAN RELATIONS COMMISSION FIRST SEMI-ANNUAL REPORT (SEPTEMBER 1994) BACKGROUND AND INTRODUCTION The City of San Bernardino Human Relations Commission (HRC) was established on September 23, 1993 by Ordinance No. MC-SS6 which established the City Municipal Code Section 2.45, Human Relations Commission. The HRC is authorized to accept, investigate, mediate and, where necessary, refer complaints of discrimination to other appropriate resource people and agencies. The HRC is also authorized to recommend policies, procedures, and actions to the Mayor and Common Council for the purpose of furthering the objectives of the Ordinance which created the HRC. In addition, the HRC is responsible for creating programs and educational materials in order to inform local residents about their civil rights and the programs and services of this HRC. The HRC held its first official meeting on January 20, 1994. During the past six (6) months, from January to July, the HRC has basically been dealing with organizational tasks. The HRC has completed their operating procedures, including devising a mechanism to handle citizen complaints of discrimination and other human relations matters outlined in the adopted ordinance. The HRC has also taken time to attend training sessions regarding human relations issues and to learn how other HRC's are functioning. The members have completed three (3) training sessions including one introductory course on how to mediate complaints. Following these organizational months the HRC feels more confident about its ability to actually handle some of the problems facing it. The next phase of the HRC's work will be to market itself to the community as a viable and available primary resource in handling discrimination, prejudice and human relations issues for the citizens pf this City. INTERNAL ORGANIZATION The Human Relations Commission meets on the fourth Thursday of each month at 7:00 p.m. in the Council Chambers of City Hall at 300 N. "0" Street. Pursuant to the HRC's Rules of Order and Procedure, officers are elected at the first meeting of the fiscal year and shall serve at the pleasure of the Commission, but not for longer than two (2) years. Rabbi Hillel Cohn is presently serving as Chairperson and Michelle Beauregard is presently serving as Vice-Chairperson until July 1995. -1- o o COMMISSION STAFF/SUPPORT Since November 1993, the HRC has had one part-time Human Relations Coordinator, Laurie Cannis. She serves as an ex-officio member of the HRC and as secretary to the Commission. The legal advisor to the HRC is Deputy City Attorney, Frank Rhemrev, who drafts legal documents for the HRC and ensures that the HRC operates within the legal parameters described in the Ordinance. The Affirmative Action Officer, Ernest Wilson, also works with the Commission and serves as the supervisor of the Human Relations Coordinator. ACCOMPLISHMENTS DURING THE FIRST 6-MONTHS OF OPERATION The first six (6) months of the HRC's operation was spent primarily on the internal organization of the Commission. During this six month period the following accomplishments were made: . Drafted and adopted HRC's Rules and Order of Procedures (Attachment 1). . Organized and held two (2) Public Forum Sessions (Described in 'Community Outreach" section). . Attended community meetings and celebrations such as Neighborhood Ward Meetings, City Open House, Festival of the Arrowhead and the Plaza Park Cinco de Mayo Celebration. . Created a contact list of approximately 300 pertinent community-based organizations. . Published an informational brochure about the HRC and its services (Attachment 2). . Through membership in the California Association of Human Rights Organizations (CAHRO), established network linkages with other HRC's, such as the City of Redlands and the City of San Diego. . Hosted and participated in training session on human relations issues and the establishment of HRC's with the Executive Director for the City of San Diego HRC. . Hosted and participated in a training session on human relations and the establishment of HRC's with the Director for the Los Angeles County HRC. . Held an introductory mediation/conciliation training session with the Chesley- James Group. -2- o o . Reviewed and proposed specific changes to the Commission's Ordinance for the Mayor and Council to approve. Changes were proposed for the purpose of streamlining the complaint filing and handling process. The changes were proposed to the Common Council and then referred to LRC (Legislative Review Committee) and, ultimately it was suggested that the Commission work with Assistant City Attorney, Dennis Barlow, on an interpretation of the ordinance procedures regarding the "complaint resolution process". An interpretation of the process was agreed upon by the Commission (Attachment 3). . Adopted a "Strategic Plan" which outlines the goals of the HRC for the FY 94/95 (Attachment 4). . Completed a mailing campaign to approximately 300 community organizations and individuals which included a letter from Mayor Minor introducing the HRC and an informational brochure outlining the HRC's services. COMMUNITY OUTREACH The HRC held two (2) public forums and invited community groups, community members and the press to attend. The purpose of these forums was to provide members of the public an opportunity to address the Commission on specific human relations and discrimination problems facing the City. Both public forums were not as well attended as the HRC expected. The attendance at the forums illustrated the fact that the HRC and its services need to be publicized to the citizens of the City. Some of the issues raised at the forums were as follows: . Lack of dialogue between "Whites and Minorities". . Law enforcement's treatment of citizens. . Racism in the construction industry. . The City is not 'user friendly'. . Immigration. . The HRC's concern with substance rather than formalities. . Informing citizens as to how to concerns may be submitted to the HRC. . Hiring practices of the San Bernardino City Unified School District. . Policies for rap/rock performances at the Sturges Performing Arts Center. (a formal complaint is currently under the direction of Commissioner Faulkner.) -3- o o [ATIACHMENT 1] CITY OF SAN BERNARDINO HUMAN RELATIONS COMMISSION RULES OF ORDER AND PROCEDURE Article 1 . Name The Commission shall be known as the CITY OF SAN BERNARDINO HUMAN RELATIONS COMMISSION. Article 2 . Definitions 2.1 "Commission" refers to the City of San Bernardino Human Relations Commission. 2.2 "Chairperson" means the Chairperson of the Commission; the Vice Chairperson, if the Chairperson is not available; or the Rotating Commissioner, if the Vice- Chairperson is not available. 2.3 "Commission Staff' or "Staff' means the Human Relations Coordinator and related department/division staff. 2.4 "City" means the City of San Bernardino. 2.5 "Discrimination" means 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 the authority of the Commission are those defined in federal or state law and the City Municipal Code section 2.45. 2.6 "Mediation" means 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. 2.7 "Conciliation" means a voluntary process in which a neutral third party serves as an intermediary between the conflicting parties. The parties mayor may not meet directly. 2.8 "Reasonable cause" is a standard for the Commission to initiate conciliation or mediation. The standard is met when the investigation of the alleged unfair or unlawful practice produces sufficient evidence to conclude that the unfair or unlawful practice occurred. ., o o 2.9 "Unfair" shall mean not fair or conforming to fundamental notions of justice, honesty, ethics or the like. 2.10 ''Unlawful practice" shall mean any policy or practice which constitutes illegal discrimination as defined in federal, state or local laws. Article 3 - Pumose The Human Relations Commission for the City of San Bernardino 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 status, political affiliation and/or 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 and/or conciliation processes to attempt to eliminate alleged unfair or unlawful discriminatory practices as defined within the Municipal Code. Article 4 - ~eal Authority The Commission was established and authorized by the San Bernardino Municipal Code, chapter 2.45 and chapter 2.39 on September 23, 1993 and November 16, 1993. The commission is also governed by the City's Municipal Code, chapter 2.17 - Boards, Bureaus and Commissions - General. Article 5 . Orvanization and MeetinRS 5.1 MEMBERSHIP REQUIREMENTS The membership shall consist of ten (10) members (nine voting and one non-voting youth) who shall: (a) Serve without compensation (b) Be residents of the City of San Bernardino (c) Have demonstrated an expertise in human relations work and a commitment to fostering better human relations in the City of San Bernardino o o 5.2 MEETINGS Regular meetings of the Commission shall be held on the 4th Thursday of every month at 7:00 p.m. in the City of San Bernardino Council Chambers, except when a majority of the Commission shall designate an alternate time and/or place with proper public notice, thereof. All meetings (regular, special or emergency) of the Commission shall be held in accordance with the Ralph M. Brown Act (Government Code ~54950, et seq.). Except as otherwise provided herein, the City Charter, other rules adopted by the Common Council or applicable provisions of State Law, the procedures of the Commission shall be governed by the latest revised edition of Roberts Rules of Order. 5.3 RECORD OF MEETINGS All public meetings of the Commission shall be recorded by tape recorder. The recording shall be part of the records of the Commission. The use of other recording or television equipment is permitted so long as it is not disruptive of the meeting. 5.4 APPOINTMENTS & TERMS The membership shall be appointed by the Mayor and Common Council and shall be confirmed by the Common Council with all terms being concurrent with the appointing power: (a) Mayor shall appoint two (2) members, one (1) youth non-voting member and two (2) alternate members. (b) Each councilperson shall appoint one (1) member who need not be a resident of the their ward. 5.5 REMOVAL OF COMMISSIONERS The Commissioners may be removed for cause by a vote of a majority of the members of the Common Council. 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. 5.6 QUORUM AND ATI'ENDANCE Five (5) members of the Commission shall constitute a quorum for the transaction of business. Action granting approval of any matter must be taken by a majority vote of all Commissioners. Failure to do so results in automatic denial of the pending matter. Procedural matters may be dealt with by a simple majority of those voting and not o o abstaining, at such times a quorum is present. The absence, temporary or permanent, of any Commissioner, shall be noted in the minutes for purposes of determining the presence of a quorum at all times. The Chairperson shall bring to the attention of the City Council the absence of any Commissioner for two (2) or more consecutive meetings. 5.7 OFFICERS The Commissioners shall elect a Chairperson and Vice-Chairperson from among the voting Commissioners at the first regular meeting in July. The Chairperson and Vice-Chairperson shall serve at the pleasure of the members, but not for longer than two (2) years. In the absence of the Chairperson, the Vice-Chairperson shall serve in the capacity of the Chairperson with all the responsibilities listed herein. In the absence of the Chairperson and Vice-Chairperson, a rotating Commissioner shall serve as an interim and temporary Chairperson in accordance with the schedule below: Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner First Ward Second Ward Third Ward Fourth Ward Fifth Ward Sixth Ward Seventh Ward Mayor's Appointment Mayor's Appointment The rotating Commissioner shall serve as the Chairperson until the arrival of the Chairperson or Vice-Chairperson. The duties and responsibilities of the Chairperson, or Vice-Chairperson (in the absence of the Chairperson) or the rotating Chairperson (in the absence of both the Chair and the Vice-Chairperson) shall be to: (a) Be the presiding officer at all meetings of the Commission. (b) State each item coming before the Commi.sion. (c) Announce the decisions of the Commission on all subjects. (d) Decide all questions of order. (e) May move, second and debate from the chair, subject only to such limitation of debate as are imposed upon Commissioners by these rules and shall not be o () deprived of any of the rights or privileges of a Commissioner by reason of his or her acting as the presiding officer. (f) Sign all documents necessitating signature which were adopted in his or her presence. IT he/she is unavailable, the signature of an alternate presiding officer is required. (g) Represent the Commission at public functions or designate an appointee to represent. In the event of a vacancy in the position of Chair or Vice-Chair, the vacancy shall be announced and confirmed at a regular meeting of the Commission. The Commission shall fill such vacancy by election at the next following regular meeting at which a quorum is present. 5.8 HUMAN RELATIONS COORDINATOR The Human Relations Coordinator shall be the Secretary to the Commission and an ex- officio member of the Commission, but shall not vote. 5.9 ORIENTATION AND TRAINING OF COMMISSIONERS All Commissioners will receive training on human relations issues and the effective functioning of the commission. All Commissioners will receive mediation training as a prerequisite to participation as a mediator on any case. From time to time, such additional training as deemed necessary by the Commission will be provided. Article 6 . Order of Business 6.1 MEETING ORDER (a) Call to Order (b) Roll Call ( c) Staff's Reports (d) Approval of Minutes (e) Public Comments (items not on the agenda) (f) Items given partial consideration at a previous meeting and that have been continued, tabled or otherwise held over for additional review (g) Items requiring discussion, procedural or admini~trative matters o o 6.2 PUBliC COMMENTS / ADDRESSING TIlE COMMISSION Each person desiring to address the Commission shall step up to the podium and microphone or designated public address area and state his/her name and address and what organization he/she is representing, if any. The entire public comments portion of the meeting shall be limited to a total of 45 minutes. Public comments by an individual shall be no more than 5 minutes in length. The Commission may grant additional time upon request, by a majority vote of the Commission. On agenda items, other than public comments, speakers shall limit the duration of their presentations to not more than 10 minutes for each speaker. The Commission may grant additional time upon request, by a majority vote of the Commission. All remarks shall be addressed to the Commission as a whole and not to any member specifically. No questions shall be asked of an individual Commissioner or a member of the City Staff without the permission of the Chairperson or presiding officer. Nothing in this section shall be deemed to preclude the presiding officer or a majority of Commissioners present from allowing extended debate on any matter. 6.3 RULES OF DECORUM (a) Commissioners must preserve order and decorum, and a Commissioner shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Commission nor disturb any Commissioner while speaking or refuse to obey the orders of the presiding officer. (b) No person other than a Commissioner and the person having the floor shall be permitted to enter into discussions, either directly or through a Commissioner, without the permission of the chairperson or presiding officer. (c) No questions shall be asked of a Commissioner except through the chairperson or presiding officer. (d) Any person making impertinent, slanderous or profane remarks, or who becomes boisterous while addressing the Commission shall be called to order by the presiding officer or the chairperson and, if such conduct continues, may at the discretion of the chairperson or presiding officer, be barred from further attendance during that meeting. 6.4 RULES OF DEBAlE DURING A MEETING (a) Getting the Floor - Every Commk~ioner desiring to speak shall first address the Chairperson or presiding officer and shall confine himself/herself to the question under debate, avoiding personalities and indecorous language. o '0 (b) Questions to Staff - Every Commissioner desiring to question the stafhball, after recognition by the presiding officer, address his/her questions to the appropriate staff person. (c) Speaking - Once a Commissioner is recognized he/she shall not be interrupted when speaking unless called to order by the presiding officer, unless a point of order or a personal privilege is raised by another Commissioner, or unless the speaker chooses to yield to a question or comment by another. If a Commissioner, while speaking, is called to order, he/she shall cease speaking until the question of order is determined and, then if determined to be in order, may proceed. Members of the City Staff, after recognition by the presiding officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the presiding officer. (d) Points of Order - The presiding officer shall determine all points of order, subject to the right of any Commissioner to appeal to the Commission. If an appeal is taken, the question shall be: "Shall the decision of the presiding officer be sustained?" A majority vote of the Commissioners shall determine such question of order. (e) Motion to Reconsider - A motion to reconsider any action taken by the Commission may be made only by one of the Commissioners on the prevailing side and may be seconded by any other Commissioner. Such a motion by a Commissioner may be made at any time and shall have precedence over all other motions or while a Commissioner has the floor. The said motion shall be debatable. (f) Calling for the question - Neither the moving party nor the party seconding any motion is allowed to call for the question. 6.5 PROCEDURES ON AGENDA ITEMS REQUIRING A MOTION (a) Chair reads the title (b) Presentation of staff report by City Staff (c) Questions to the City Staff by the Commission (d) All background material complete at this point (e) Public to be heard, subject to the limitations set forth herein (f) Close of public comments at this point (g) Chairperson or presiding officer to ask for a motion and a second (h) Motion and discussion by Commission (i) The maker of the motion to have a chance for further discussion (j) Chairperson or presiding officer to restate the motion (k) Vote on the motion o o 6.6 VOTING PROCEDURE Any vote of the Commission, including a roll call vote, may be registered by the members by answering "Aye" for an affirmative vote or "No" for a negative vote upon his or her name being called. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state, or have the presiding officer state the nature of such disqualification in an open meeting. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his or her seat during the debate and vote on such matter, but shall request and be given the permission of the presiding officer to step down from the Commission Table. A Commissioner stating such disqualification shall not be counted as part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. Every Commissioner is entitled to vote unless disqualified by reason of conflict of interest. In the event of a tie vote, absent members may familiarize themselves with the record and cast a vote on the matter at the next regularly scheduled meeting. The vote of a Commissioner may be changed only if he/she makes a timely request to do so immediately following the announcement of the vote by the Commission and prior to the time that the next item in the order of business is taken up. Article 7 . Rules for A2enda 7.1 The Human Relations Coordinator or designee shall prepare the agenda for each meeting and hearing, with input from the Commission, in accordance with the rules of the Brown Act. 7.2 The agenda shall be delivered to each cOmmissioner along with applicable back-up material in accordance with the Brown Act. Article 8 - Committees 8.1 From time to time the Chairperson may appoint subcommittees as may be required to address specific human relations problems. 8.2 Such subcommittees shall be composed of persons who are members of the Commi~~ion. o o Article 4} . MQyor and Common Council 9.1 Advise and make written reco=endations to the Mayor and Co=on Council concerning the development and implementation of programs and practices for the purpose of furthering the objectives of this Chapter. If necessary, the Co=ission and an agency, board, or other officer which the Co=ission is assisting shall submit timely reports of progress in establishing and implementing such programs and practices as are from time to time requested by the Mayor or Co=on Council through the staff of the Co=ission. 9.2 The Commission shall not transmit an official resolution or any other correspondence on any matter of City policy to the Co=on Council or any public agency without a vote by the Commission to do so. 9.3 Render a written report of its activities to the Mayor and Co=on Council not less than once every six (6) months. The report will be written according to requirements stated in The Municipal Code, chapter 2.45. Article 10 . Staff 10.1 The Commission may request through the City Ailmini~trator or Department Heads information, services, facilities or any other assistance for the purpose of furthering the objectives of this Commission. Article 11 . General Functions and Resnonsibilities 11.1 Furnish cooperation, information, guidance and technical assistance to other public agencies and private persons, organizations and institutions engaged in activities and programs intended to eHm;nllte prejudice and discrimination. 11.2 Consult and maintain contact with other public agencies and representatives of employers, labor unions, property /business owner's associations, professional associations, national origin groups, co=unity 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 the objectives of the Human Relations Co=ission. 11.3 Prepare and disseminate educational and informational material relating to prejudice and discrimination and reco=end ways and means of eliminating such prejudice and discrimination. 11.4 Encourage and assist representatives of the local law enforcement agencies, the judicial system and other interested co=unity groups in developing and maintaining harmonious relationships between the law enforcement agencies and the residents o o of the City. 11.5 Maintain records and serve as the source of accurate and reliable data on practices, activities and other concerns regarding Human Relations. 11.6 Prepare, encourage and coordinate programs based on established laws, regulations policies, or goals to elimin"te or reduce existing inequalities and disadvantages in the community resulting from past discriminatory practices. 11.7 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. Article 12 . Rules Cor Public Hearines 12.1 The Commission may hold public hearings on community-wide problems which may result in discrimination. 12.2 All hearings shall be set by the Commission. Notice thereof shall be publicized as required by law and by the following requirements: (a) Notices to media containing the agenda and other pertinent information shall be sent at least ten (10) days before the hearing. (b) The hearings will follow the agenda with a 15 minute time limit given to each individual speaker, unless time is granted for extension by a majority vote of the commission. (c) The hearings shall be held for no longer than a four (4) hour period. (d) The hearings shall be taped and become part of the records of the Commission. The use of other recording or television equipment is permitted so long as it is not disruptive of the meeting. (e) The findings and recommendations of any hearing shall be reported to the Mayor and Common Council by staff. Article 13 . Resolvin, Comnlaints 13.1 Complaints of discrimination by individuals or groups because of race, sex, age, color, ethnicity, religion, national origin, ancestry, physical disability, marital status, political affiliation and/or beliefs, or any category protected by law, which are in the jurisdiction of the City of San Bernardino, may be filed with the staff within 1 year of the alleged discrimination. o o 13.2 Nothing in this article 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. 13.3 Complaint filing and Resolution Process a. Individuals or groups may file a complaint with any member of the Commission. b. Upon examination by a rotating commissioner, as designated below, and staff, the complainant will be advised of the various established avenues available for relief. Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner First Ward Second Ward Third Ward Fourth Ward Fifth Ward Sixth Ward Seventh Ward Mayor's Appointment Mayor's Appointment c. Once reasonable cause of discrimination has been established by staff and the rotating c(lmmk~ioner they will refer the complaint to the Chairperson for distribution to two (2) Commissioners who will endeavor to eliminllte the alleged unfair or unlawful practice charged in the complaint by means of conciliation or mediation. Such an ad hoc committee of two Commissioners shall be known as a Mediation Team. Mediation Teams will be appointed as necessary by the Chairperson. d. Mediation Teams will submit reports of their efforts and progress to the Commission. The Commission members, may then make recommendations to the parties. Article 14 . Police Denartment 14.1 Maintain close liaison with the Police Department, through the Police Chief, to promote understanding and cooperation between the Police Department and residents of the Community. 14.2 Cooperate with the Police Department to insure that cultural diversity training is provided for all police personnel. o o . 14.3 The Commi~"iOP .or any committee shall neither be considered in theory nor in function a police review board. Article 15 - Endorsement / Co-sDonsorshiD of Proerams Sponsorship entails endorsement of an event with use of the name of the City of San Bernardino Human Relations Commission on any materials publicizing such events. All requests for sponsorship must be in writing and should be addressed to the staff of the Commission. The request must be submitted in a timely manner, which allows adequate time to consider this request as a part of a regularly scheduled Commission meeting. Events, programs or activities endorsed or co-sponsored by the Commission must in some way relate to or advance civil and human rights, cultural diversity and other purposes consistent with the Commission's mission and purpose. The Commission and it's staff shall review any such request and accompanying documentation prior to Commission action and shall recommend against Commission endorsement/co-sponsorship of an entity's proposed program or activity if the Commission determines that the entity does not agree with the Commission's mission and purpose. Article 16 . Amendments These procedures and rules may be amended by a two-thirds (2/3) vote of the members present at any regular Commission meeting. Notice of the intention to amend the rules must be sent to members of the Commission ten (10) days in advance of the date set for consideration of such amendment. Article 17. Intemretation of ~Iaws 17.1 These rules of procedure are adopted to expedite the transaction of the business of the Commk~ion in an orderly fashion and are deemed to be procedural only. Failure to strictly observe such rules shall not affect the jurisdiction of the Commission or invalidate any action taken at a meeting that is otherwise held in conformity with the law. 17.2 RULES OF ORDER Except as otherwise provided in the City Charter, other rules adopted by the City Council, applicable provisions of State law, or these rules of order and procedure, the procedures of the Commission shall be governed by the latest revised edition of Roberts Rules of Order. -:tity of &n Bernardino ; uman Relations Commi.Mion N. "[)" &reet Bernardino. 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'ii VI_'~O- !5'jii a.l!!~i- E'~ <C - ~ - - - ~ - '" .5 DO - U 0 .- 0) 0 "~fl]~~~~E~~ .3l....~'ii8Eig.z:'; r:o c::: C ~g"E~~~.gg.!:.!2 .~1i. _ilE8~~~-= ~~ ~UO .~ ~i]~~~I~~~i~ 8~~:]~.;~.~~ t)(}.,- CI.I fI) U ~ J1l - '" ~ g E ... u U VI " ~ '''!5 ~ '"' .g-o : ,9 -:5.~ ~ ~ f .5 ~ '2 2 ~ III ~ 2' fa ~ .~ ~ I!l. ~ .g ~ ] ~ ,~ ::;>,.. ~ EOGl-l! ..~... ... "!l! ''''-E E ~ a. l ~Es;; ~ 6 .5 " ~ t ~ ~ tiE 5 'u~ ~ .. 5l u il ; -g ~ ~ U E "'E ~ li! ~ llll E GlE ~ :g eo ~ ~ ~~. '5:::u o [ATTACHMENT 3] o C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM -' TO: The Human Relations Commission FROM: Dennis A. Barlow, Sr. Asst. City Attorney DATE: JUly 13, 1994 RE: INTERPRETATION OF THE HUMAN RELATIONS ORDINANCE In recent months questions have been raised by the Commission members as to the authority of the Commission to inquire into a complaint without first obtaining the written consent of all parties involved. The question arises because of the following language found in the recently enacted ordinance: 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. "(San Bernardino Municipal Code S 2.39.080(a), emphasis added) The concern expressed by some members is that the "written consent" language precludes even an initial contact with the subject of a complaint until written consent is obtained. OVer the years courts have developed rules by which to interpret legislative enactments. In the case of DeYoung v. San Diego (1983) 147 CA.3d 11, the court outlined some of these basic rules. The court (and likewise so should we) should ascertain the intent of the legislative body so as to effectuate the purpose of the law. The court should give a provision a reasonable and common sense interpretation consistent with the apparent purpose which will result in a wise policy rather than mischief or absurdity. The court should give significance, if possible, to every word or part, and harmonize the parts by considering a particular clause or section in the context of the. whole. Finally, the court should take into account matters such as context, object in view, evils to be remedied, legislation on the same subject, publiC policy, and contemporaneous construction. (See also 7 Witkin, Summary of California Law, S 94, pgs. 146-147). In Halbert's Lumber v. Lucky Stores (1992) 6 CA.4th 1233, the court pointed out that it is not only important to apply these rules, but to also apply them in the proper order. First you look at the language of the enactment itself. If there is no ambiguity, doubt or uncertainty, then there DAB:ca [BURRe1.M.-! 1 o o [ATTACHMENT 4] CITY OF SAN BERNARDINO HUMAN RELATIONS COMMISSION STRATEGIC PLAN Fiscal Year 94/95 The goal of the Human Relations Commission as defined in the onJinonce establishing it: "It is the purpose and intent....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 ot 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, set, age, color, ethnicity, religion, national origin, ancestry, physical disability, marital status, political affiliation and/or beliefs and any other category protected by law.... .. The Human Relations Commission's Goals for Fiscal Year 94/95 are: 1. To provide leadership in situations of potential and/or actual tension. 2 To help educate, foster and promote better human relations among all segments of the City. 3. To identify specific needs concerning human relations in the City and among its citizens and to work toward meeting those needs. How these 94/95 Goals will be A1:hieved: 1. The Commission will distribute a monthly schedule of community-based organization (CBO) meetings and events for the encourogement of attendance and participation by members of the Commission. 2 The Commission will hold at least two (2) public hearings or public forums wherein it will invite members of the public to voice their concerns or experiences with discrimination and/or prejudicial issues. 3. Members of the Commission will network with designated groups in the City to ask citizens what their concerns are regarding discrimination, prejudice, and human relations issues. Such groups may include, but not be limited to businesses, youth, elderly, ethnic, veteran, religious and disabled groups. o o . 4. Promote and publicize the Commission to the citizens of the City of San Bemardino as an available resource for issues of discrimination and prejudice. 5. Publish and distribute a pamphlet to assist businesses with clients, customers and workers whose English is limited. 6. Hold at least three (3) Commission meetings in various designated areas of our City. 7. Engage in further training on conciliation and mediation skills and techniques.