HomeMy WebLinkAbout43- City Treasurer CITY OF SAN BERN RDINO REQUEST F R COUNCIL ACTION
F I DAVID KENNEDY, CITY TREASURER Subject: ORDINANCE ADDING CHAPTER 2.45 TO THE
ERNEST WILSON, AFFIRMATIVE ACTION OFFICER SAN BERNARDINO MUNICIPAL CODE ESTABLISHING
Dept: A HUMAN RELATIONS COMMISSION
AFFIRMATIVE ACTION
Date: August 6, 1993
Synopsis of Previous Council action:
August 5, 1993 -- approved by Legislative Review Committee
Recommended motion:
That further reading of said ordinance be waived and that it be laid over for
final passage.
C,.4- -J�
Signature Signature
Contact person: Ernest Wilson Phone: (909)384-5004
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
1 ;il Notes:
75-0262 Agenda Item No. �
CITE' OF SAN BERN `RDINO - REQUEST F' R COUNCIL ACTION
STAFF REPORT
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 the rights of every inhabitant of the City of
San Bernardino to equal economic, political and educational opportunity, to
equal accommodations in all business establishments in the City and to equal
service and protection by public agencies. The Commission shall give effect
to such rights to eliminate prejudice and discrimination because of race, sex,
age, color, ethnicity, religion, national origin, physical disability, sexual
orientation, 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 develop-
ments in human relations. The Commission shall also provide expert advice
and assistance to the Mayor and Common Council in order that all officers,
agencies, commissions, committees, boards, departments and employees of the
City of San Bernardino may take ameliorative steps to enhance peace and good
order and provide equal opportunity for, and good will toward, all people.
Further, the Commission may recommend use of mediation and/or conciliation
processes to attempt to eliminate alleged unfair or unlawful discriminatory
practices as defined herein.
7s-o2`s
BUDGET
ra
This proposed estimated budget is based on one full-time dedicated
clerical employee. The Material, Service, Supplies is defined as
a reasonable starting budget.
POSITION CLASSIFICATION TYPIST CLERK 1
Budget salary $16, 188
Benefits (32%) 5, 180
Total $21, 368
MATERIAL/SERVICE/SUPPLIES (ESTIMATE)
Advertising $ 250
Subscriptions 100
Postage 500
Copymachine charges 500
Data Processing 750 (estimated)
Printing charges 600
Meetings & Conferences 1, 000
Training 1, 500
Telephone charges 400
Special departmental supplies 500
Total budget requirements $27 , 468 (estimated)
BACKGROUND INFORMATION
STATISTICAL INFORMATION:
Ethnic profile of San Bernardino City based on 1990 census data:
White 45%
African American 15%
Hispanic 34 . 5%
Others 5. 0%
Women 60. 8%
BENEFITS
0 Fewer grievances and problems to council members;
0 Attract businesses and make San Bernardino more
competitive with other large counties and cities to
attract new business;
0 Racial harmony and reduce racial tensions;
W
Budget
page 2
L
0 Promotes and supports the intercultural/interracial
community;
0 Provides a healthy avenue to manage complaints and
grievances;
0 Interact with City of San Bernardino Affirmative Action
programs;
0 Allows for a celebration of diversity;
0 Serves to unifv the city in a common set of principles
and ethics.
I
A,,..
�J
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2.45 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A HUMAN
3 RELATIONS COMMISSION.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
6 SECTION 1. Chapter 2.45 is hereby added to the San
7 Bernardino Municipal Code to read as follows:
8 2.45.010. Findings.
9 The population of the City of San Bernardino is composed of
10 people of various racial, religious and ethnic groups. In this
11 City, the practice of discrimination based on race, sex, age,
12 color, ethnicity, religion, national origin, ancestry, physical
13 disability, marital status, political affiliation and/or beliefs
14 and any other category protected by law and the exploitation of
15 prejudice related thereto adversely affects members of the above
16 groups.
17 Such discriminatory practices are inimical to the public
18 welfare and good order in that they:
19 (a) Impede social and economic progress for the entire
20 citizenry by preventing members of the above groups
21 from achieving full development of their individual
22 potentialities and from contributing fully to the
23 cultural and business life of the community;
24 (b) Constantly frustrate, degrade and embitter members of
25 the above groups, thereby diminishing their initiative
26 and interest in the community; and,
27 (c) Tend to create intergroup hostilities and anti-social
28 behavior.
DAB/bg [HRC.Ord] 1
August 6, 1993
0
1 The products of discrimination accumulate continuously, with
2 the result that the social, economic and educational gaps between
3 those suffering discrimination and the rest of the community
4 constantly widen. As a result, mere prohibition of present and
5 future discrimination, while essential, will not reduce the
6 inequalities and disadvantages which a history of discrimination
7 has produced. Accordingly, remedial action must be initiated,
8 encouraged, and coordinated, particularly educational programs to
9 bring groups together to close gaps.
10 Experiences of other urban centers throughout the nation
11 have proven the need for the effectiveness of commissions
12 empowered to study community, race and human relations problems,
13 to work with interested citizens to develop programs to ameliorate
14 tensions and reduce cultural, social, and economic disadvantages
15 and to encourage and coordinate implementation of such programs
16 consistent with the needs and rights of members of all groups in
17 the community.
18 2.45.020. Purpose and Intent.
19 It is the purpose and intent of this Chapter to create a
20 Human Relations Commission for the City of San Bernardino which
21 shall consult with and advise the Mayor and Common Council on
22 issues involving the rights of citizens of, and visitors to, the
23 City of San Bernardino to equal economic, political and
24 educational opportunity, and to equal accommodations in all
25 business establishments in the City. The Commission shall strive
26 to give effect to such rights to eliminate prejudice and
27 discrimination because of race, sex, age, color, ethnicity,
28 religion, national origin, ancestry, physical disability, marital
DAB/bg [HRC.Ord] 2
August 6, 1993
1 status, political affiliation and/or beliefs and any other
2 category protected by law and shall advise the Mayor and Common
3 Council on methods to inform the inhabitants of the City of San
4 Bernardino of developments in human relations. The Commission may
5 recommend use of mediation and/or conciliation processes to
6 attempt to eliminate alleged unfair or unlawful discriminatory
7 practices as defined herein. The Commission shall not duplicate
8 the duties or responsibilities of the Equal Employment Opportunity
9 Committee of the City, and for that reason shall not hear
10 complaints of discrimination involving City employees, in their
11 capacity as employees.
12 2.45.030. Scope.
13 This Chapter applies to all discriminatory practices and to
14 resulting inter-group tensions specifically covered by the
15 provisions of this Chapter occurring within the territorial limits
16 of the City of San Bernardino, and, to the extent permitted by
17 law, to activities outside the City which reasonably affect such
18 practices and tensions within said territorial limits. Nothing in
19 this Chapter, however, shall be interpreted or applied so as to
20 create any power or duty in conflict with the preemptive effect of
21 any federal or state law, City Ordinances, or City Resolutions.
22 Nor shall anything in this Chapter be implemented in a way that
23 overlaps already existing federal or state programs; rather,
24 federal or state programs shall be utilized or supplemented when
25 necessary, appropriate and feasible to give effect to this
26 Chapter.
27
28
DAB/bg [HRC.Ord] 3
August 6, 1993
1 2.45.040. Definitions.
2 As used in this Chapter:
3 (a) "Commission" is the Human Relations Commission.
4 (b) "Conciliation" is a voluntary process in which a
5 neutral third party serves as an intermediary between
6 the conflicting parties. The parties may or may not
7 meet directly.
8 (c) "Discrimination" is the unlawful treatment of or
9 distinction against a person based on the group, class
10 or category to which that person belongs rather than on
11 individual merit. Those classes or groups protected by
12 this Chapter are those defined in federal or state law.
13 (d) "Mediation" is a voluntary dispute resolution process
14 in which the parties in conflict meet with a neutral
15 third party in an attempt to resolve the conflict or
16 dispute in a manner that is satisfactory to the parties
17 in conflict.
18 (e) "Reasonable cause" is a threshold standard for the
19 Commission to initiate a conciliation or mediation
20 process. The standard is met when the examination of
21 the alleged unfair or unlawful practice produces
22 sufficient credible evidence that would cause a
23 reasonable person of ordinary care and prudence to
24 conclude that the unfair or unlawful practice occurred.
25 (f) "Unfair" shall mean not fair or not conforming to
26 fundamental notions of justice, honesty, ethics, or the
27 like.
28 ///
DAB/bg [HRC.Ord] 4 August 6, 1993
1 (g) "Unlawful practice" shall mean any policy or practice
2 which constitutes illegal discrimination as defined in
3 federal, state or local laws.
4 2.45.050. Human Relations Commission Established.
5 (a) There is hereby created a Human Relations Commission
6 consisting of ten ( 10) members who shall serve without
7 compensation. All members of the Commission shall be
8 residents of the City of San Bernardino. All
9 prospective members shall have demonstrated an
10 expertise in human relations work and a commitment to
11 fostering better human relations in the City of San
12 Bernardino.
13 (b) The Mayor shall appoint two (2) members, plus one (1)
r 14 non-voting youth representative. The youth
15 representative shall not be considered in determining
16 a quorum of the Commission nor in determining majority
17 vote. Each Councilperson shall appoint one ( 1 ) member
18 who need not be a resident of the Ward. Each
19 appointment shall be confirmed by the Common Council.
20 The terms shall be concurrent with the appointing
21 powers.
22 (c) The Commissioners shall elect a Chair from among the
23 voting members. The Chair shall serve at the pleasure
24 of the members, but for no longer than two (2) years.
25 (d) The Commissioners may be removed for cause by a vote of
26 a majority of the members of the Common Council.
27
28
DAB/bg (HRC.Ord] 5 August 6, 1993
1 (e) Subject to its unfettered legislative discretion, the
2 Common Council will use good faith efforts to ensure
3 that:
4 ( 1 ) Sufficient funds and necessary staff are provided
5 to assist the Commission in carrying out its
6 duties and responsibilities; and,
7 (2) The Commission reflects the cultural diversity of
8 the community including ethnicity, gender, age,
9 disability and any other category protected by
10 law.
11 2.45.060. Powers and Duties.
12 The Commission shall:
13 (a) Conduct programs designed to bring groups together to
14 close gaps resulting from past discriminatory practices
15 and to address pro-actively current or ongoing
16 intergroup tensions.
17 (b) Mediate disagreements among individuals, groups and
18 organizations which result from discriminatory
19 practices within the scope of this Chapter.
20 (c) Process complaints which cannot be resolved through
21 mediation as provided in the procedures in Section
22 2.45.080.
23 (d) Adopt, by majority vote of its members, by-laws
24 governing the conduct of its meetings and activities,
25 the establishment of subcommittees, and such other
26 rules as may be necessary for the performance of its
27 functions, provided that such by-laws shall specify
28 that a quorum shall at all times consist of a majority
DAB/bg [HRC.Ord] 6 August 6. 1993
1 of its authorized membership and that any amendments to
2 the by-laws shall require an affirmative vote of a
3 majority of its authorized membership.
4 (e) Render a written report of its activities to the Mayor
5 and Common Council not less than once every six (6)
6 months. Such report shall include:
7 (1 ) Case histories of conciliation or mediation
8 settlements made under this Chapter, the
9 disclosure of which, in the judgment of the
10 Commission, will further the objectives of this
11 Chapter.
12 (2) Recommendations to the Mayor and Common Council
13 for development of policies and procedures which
14 will further the objectives of this Commission.
15 (3) Recommendations to the Mayor and Common Council
16 of additional legislation deemed by the
17 Commission to be necessary to carry out the
18 purposes of this Chapter.
19 (4) Recommendations of actions to be taken by the
20 Mayor and Common Council for the purposes of
21 furthering of the objectives of this Commission.
22 ( f) Maintain records and serve as the source of accurate
23 and reliable data on practices, activities, and other
24 problems which are the subject of this Chapter.
25 (g) Meet not less than once a month.
26 (h) In addition to the other powers and duties set forth in
27 this Chapter, the Commission shall have the power and
28 duty to:
DAB/bg [HRC.Ord] 7
August 6, 1993
1 ( 1 ) Prepare and disseminate educational and
2 informational material relating to prejudice and
3 discrimination and recommend ways and means of
4 eliminating such prejudice and discrimination.
5 (2) Furnish cooperation, information, guidance and
6 technical assistance to other public agencies and
7 private persons, organizations and institutions
8 engaged in activities and programs intended to
9 eliminate prejudice and discrimination.
10 (3) Consult and maintain contact with other public
11 agencies and representatives of employers, labor
12 unions, property/business owner's associations,
13 professional associations, national origin
14 groups, community organizations concerned with
15 interracial, interreligious and intercultural
16 understanding, social welfare organizations, and
17 such other private organizations and institutions
18 as the Commission shall deem advisable to further
19 objectives of this Chapter.
20 (4) Advise and make written recommendations to the
21 Mayor and Common Council concerning the
22 development and implementation of programs and
23 practices for the purpose of furthering the
24 objectives of this Chapter. If necessary, the
25 Commission and an agency, board, or other officer
26 which the Commission is assisting shall submit
27 timely reports of progress in establishing and
28 implementing such programs and practices as are
DAB/bg [HRC.Ord] $
August 6, 1993
I from time to time requested by the Mayor or
2 Common Council through the staff of the
3 Commission.
4 ( 5) Examine, and, with the assent of the concerned
5 parties, conciliate or mediate all incidents of
6 discrimination within the scope of this Chapter
7 to the extent such functions are not within the
8 responsibilities of the Department of Fair
9 Employment and Housing or any federal, county,
10 state, city, or other established agency, and
11 make specific and detailed recommendations to the
12 interested parties as to the method of
13 eliminating such discrimination.
14 (6) Prepare, encourage and coordinate programs based
15 on established laws, regulations, policies, or
16 goals to eliminate or reduce existing
17 inequalities and disadvantages in the community
18 resulting from past discriminatory practices.
19 (7) Hold public hearings on community-wide problems
20 which may result in discrimination because of
21 race, sex, age, color, ethnicity, religion,
22 national origin, ancestry, physical disability,
23 marital status, political affiliation and/or
24 beliefs, or any category protected by law. Where
25 necessary testimony can be taken under oath,
26 however, such hearings shall be conducted
27 informally and shall not be bound by the formal
28 rules of evidence.
DAB/bg [BRC.Ord] 9 August 6, 1993
1 ( 8) Refer for appropriate legal action any matters
2 not resolved through conciliation or mediation to
3 the appropriate prosecutorial or regulatory
4 entity.
5 (9 ) Request through the City Administrator or
6 Department Heads information, services,
7 facilities or any other assistance for the
8 purpose of furthering the objectives of this
9 Chapter.
10 (10) Appoint subcommittees as may be required to
11 address specific human relations problems. Such
12 subcommittees shall be composed of persons who
13 are members of the Commission.
14 ( 11) Support and participate in activities which bring
15 together various factions and view points on
16 emerging issues in a way that will help the
17 community to resolve the issues which arise with
18 change.
19 ( 12) Maintain close liaison with the Police
20 Department, through the Police Chief or his/her
21 representative, and promote understanding and
22 cooperation between the Police Department and
23 residents of the community.
24 (13) Cooperate with the Police Department in assuring
25 that cultural diversity training is provided for
26 all police personnel.
27 ( 14) Encourage and assist representatives of the local
28 law enforcement agencies, the judicial system and
DAB/bg [HRC.Ord] 10
August 6, 1993
JoOk
1 other interested community groups in developing
2 and maintaining harmonious relationships between
3 the law enforcement agencies and the residents of
4 the City.
5 ( 15) The Commission shall neither be considered in
6 theory nor function as a police review board.
7 2.45.070. Cooperation with Other Communities and Agencies.
8 The Commission shall consult with and maintain contact with
9 human relations agencies, both public and private, and shall
10 cooperate in the development and implementation or inter- and
11 intra-community relations programs to further the objectives of
12 this Chapter.
13 2.45.080. Complaint Resolution Process.
14 (a) Upon the filing with the Commission of a complaint by
15 any individual or entity that an unfair or unlawful
16 practice of discrimination has occurred, the staff,
17 following consultation with the Commission Chair, and
18 written consent by all parties, shall undertake an
19 examination of the complaint. If, upon such
20 examination, it is found that the individual or entity
21 charged in the complaint has not or is not engaged in
22 any unfair or unlawful practice, such finding shall be
23 set forth in writing and shall be filed with the
24 Commission, and the complaint shall be dismissed. It
25 shall be the responsibility of the Commission to
26 notify, in writing, all parties to the complaint of
27 such dismissal. If, upon such examination, it is found
28 that reasonable cause exists for the allegations made
DAB/bg [HRC.Ord] 11
August 6, 1993
1 in the complaint, the Chair of the Commission, pursuant
2 to regulations duly adopted by the Commission, shall
3 designate one or more of the Commissioners to endeavor
4 to eliminate the alleged unfair or unlawful practice
5 charged in the complaint by means of conciliation or
6 mediation. The Commission may make specific
7 recommendations to the parties.
8 Such recommendations shall not constitute a
9 decision, finding of fact, judgment or order of the
10 Commission, nor be binding upon or admissible in any
11 court in any subsequent proceedings brought under
12 subsection (e) of this section to the extent allowed by
13 law.
14 (b) All evidence and information given to or obtained by
15 the Commission in any proceedings under the provisions
16 of this Chapter are subject to the California Public
17 Records Act. (Government Code §6450, et seq. ) .
18 (c) A party to this process retains all legal or
19 constitutional privileges and defenses to the extent
20 - allowed by law.
21 (d) If the party committing an alleged unfair or unlawful
22 practice complies with the recommendations of the
23 Commission, the matter shall be deemed settled and
24 terminated, and no other proceedings shall be had or
25 taken by the Commission.
26 (e) If the Commission is unable to resolve an alleged
27 unfair or unlawful practice, it may refer the aggrieved
28 person or matter in dispute to the appropriate
DAB/bg (HRC.Ord] 12 August 6. 1993
I prosecutorial or regulatory entity for appropriate
2 legal action to resolve such alleged unfair or unlawful
3 practice. The Commission shall, at the time of
4 referring this matter, transmit to the appropriate
5 prosecutorial or regulatory entity a copy of its
6 findings and recommendations in the case. The
7 appropriate prosecutorial or regulatory entity, in its
8 discretion, may proceed to secure from an appropriate
9 court an order enjoining the defendant(s) from
10 continuing or repeating such practice or any other
11 order authorized or provided by law. If the
12 Commission, prior to commencement of the court
13 proceedings, as a result of its effort finds that the
14 alleged violator no longer engages in the alleged
15 unlawful practice described in the findings and
16 complies with the recommendations of the Commission, it
17 shall advise the appropriate agency.
18 ( f) In order for a complaint to be considered by the
19 Commission, the unfair or unlawful practice of
20 discrimination complained of must have occurred within
21 one (1 ) year immediately preceding the filing of the
22 complaint.
23 2.45.090. Individual Remedies.
24 Nothing in this Chapter or the provisions thereof shall be
25 construed as granting or denying to an aggrieved individual or
26 entity an additional right to pursue a civil action against any
27 person, firm, partnership, association, corporation or agency, or
28 any action allowed under state or federal law.
DAB/bg [HRC.Ord] 13 August 6, 1993
1 2.45.100. Meetings.
2 ( a) All meetings of the Commission shall be held consistent
3 with the Ralph M. Brown Act. (Government Code §54950,
4 et seq. ) .
5 (b) A Commissioner who misses three (3) consecutive
6 meetings or one-third of all the regularly scheduled
7 meetings within the City's fiscal year without good
8 cause shall be automatically removed from the
9 Commission.
10 (c) A quorum shall consist of a majority of the authorized
11 voting membership of the Commission.
12 (d) When there are nine (9) or fewer voting Commission
13 members in attendance, but at least a quorum, five (5)
14 votes shall be required for official action.
15 2.45.110. Severability.
16 If any part or provision of this Chapter or the application
17 thereof to any person or circumstance is held invalid, the
18 remainder of this Chapter, including the application of such part
19 or provision to other persons or circumstances, shall not be
20 affected thereby and shall continue in full force and effect. To
21 this end, the provisions of this Chapter are severable.
22
23
24
25
26
27
28
DAB/bg [HRC.Ord) 14 August 6, 1993
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2.45 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A HUMAN
2 RELATIONS COMMISSION.
3 I HEREBY CERTIFY that the foregoing Ordinance was duly
4 adopted by the Mayor and Common Council of the City of San
5 Bernardino at a meeting thereof, held on the
6 day of 1993, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 NEGRETE
9 CURLIN
10 HERNANDEZ
11 OBERHELMAN
12 OFFICE VACANT
13 POPE-LUDLAM
14 MILLER
15
16
17 City Clerk
18 The foregoing Ordinance is hereby approved this day
19 of 1993.
20
21 Tom Minor, Mayor
City of San Bernardino
22
23 Approved as to form
and legal content:
24 JAMES F. PENMAN,
25 City Attorney
26
27 By'
28
DAB/bg [HRC.Ord] 15 August 6, 1993
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2.45 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A HUMAN
3 RELATIONS COMMISSION.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
6 SECTION 1. Chapter 2.45 is hereby added to the San
7 Bernardino Municipal Code to read as follows:
8 2.45.010. Findings.
9 The population of the City of San Bernardino is composed of
10 people of various racial, religious and ethnic groups. In this
11 City, the practice of discrimination based on race, sex, age,
12 color, ethnicity, religion, national origin, ancestry, physical
13 disability, marital status, political affiliation and/or beliefs
14 and any other category protected by law and the exploitation of
15 prejudice related thereto adversely affects members of the above
16 groups.
17 Such discriminatory practices are inimical to the public
18 welfare and good order in that they:
19 ( a) Impede social and economic progress for the entire
20 citizenry by preventing members of the above groups
21 from achieving full development of their individual
22 potentialities and from contributing fully to the
23 cultural and business life of the community;
24 (b) Constantly frustrate, degrade and embitter members of
25 the above groups, thereby diminishing their initiative
26 and interest in the community; and,
27 (c) Tend to create intergroup hostilities and anti-social
28 behavior.
DAB/bg [HRC.Ord] 1 August 17, 1993
look
1 The products of discrimination accumulate continuously, with
2 the result that the social, economic and educational gaps between
3 those suffering discrimination and the rest of the community
4 constantly widen. As a result, mere prohibition of present and
5 future discrimination, while essential, will not reduce the
6 inequalities and disadvantages which a history of discrimination
7 has produced. Accordingly, remedial action must be initiated,
8 encouraged, and coordinated, particularly educational programs to
9 bring groups together to close gaps.
10 Experiences of other urban centers throughout the nation
11 have proven the need for the effectiveness of commissions
12 empowered to study community, race and human relations problems,
13 to work with interested citizens to develop programs to ameliorate
14 tensions and reduce cultural, social, and economic disadvantages
15 and to encourage and coordinate implementation of such programs
16 consistent with the needs and rights of members of all groups in
17 the community.
18 2.45.020. Purpose and Intent.
19 It is the purpose and intent of this Chapter to create a
20 Human Relations Commission for the City of San Bernardino which
21 shall consult with and advise the Mayor and Common Council on
22 issues involving the rights of citizens of, and visitors to, the
23 City of San Bernardino to equal economic, political and
24 educational opportunity, and to equal accommodations in all
25 business establishments in the City. The Commission shall strive
26 to give effect to such rights to eliminate prejudice and
27 discrimination because of race, sex, age, color, ethnicity,
28 religion, national origin, ancestry, physical disability, marital
DAB/bg [HRC.Ord] 2 August 17, 1993
Oak
I status, political affiliation and/or beliefs and any other
2 category protected by law and shall advise the Mayor and Common
3 Council on methods to inform the inhabitants of the City of San
4 Bernardino of developments in human relations. The Commission may
5 recommend use of mediation and/or conciliation processes to
6 attempt to eliminate alleged unfair or unlawful discriminatory
7 practices as defined herein. The Commission shall not duplicate
8 the duties or responsibilities of the Equal Employment Opportunity
9 Committee of the City, and for that reason shall not hear
10 complaints of discrimination involving City employees, in their
11 capacity as employees.
12 2.45.030. Scope.
13 This Chapter applies to all discriminatory practices and to
14 resulting inter-group tensions specifically covered by the
15 provisions of this Chapter occurring within the territorial limits
16 of the City of San Bernardino, and, to the extent permitted by
17 law, to activities outside the City which reasonably affect such
18 practices and tensions within said territorial limits. Nothing in
19 this Chapter, however, shall be interpreted or applied so as to
20 create any power or duty in conflict with the preemptive effect of
21 any federal or state law, City Ordinances, or City Resolutions.
22 Nor shall anything in this Chapter be implemented in a way that
23 overlaps already existing federal or state programs; rather,
24 federal or state programs shall be utilized or supplemented when
25 necessary, appropriate and feasible to give effect to this
26 Chapter.
27
28
DAB/bg (HRC.Ord] 3 August 17, 1993
p
1 2.45.040. Definitions.
2 As used in this Chapter:
3 (a) "Commission" is the Human Relations Commission.
4 (b) "Conciliation" is a voluntary process in which a
5 neutral third party serves as an intermediary between
6 the conflicting parties. The parties may or may not
7 meet directly.
8 (c) "Discrimination" is the unlawful treatment of or
9 distinction against a person based on the group, class
10 or category to which that person belongs rather than on
11 individual merit. Those classes or groups protected by
12 this Chapter are those defined in federal or state law.
13 (d) "Mediation" is a voluntary dispute resolution process
14 in which the parties in conflict meet with a neutral
15 third party in an attempt to resolve the conflict or
16 dispute in a manner that is satisfactory to the parties
17 in conflict.
18 (e) "Reasonable cause" is a threshold standard for the
19 Commission to initiate a conciliation or mediation
20 process. The standard is met when the examination of
21 the alleged unfair or unlawful practice produces
22 sufficient credible evidence that would cause a
23 reasonable person of ordinary care and prudence to
24 conclude that the unfair or unlawful practice occurred.
25 ( f) "Unfair" shall mean not fair or not conforming to
26 fundamental notions of justice, honesty, ethics, or the
27 like.
28
DAB/bg [HRC.Ord] 4 August 17, 1993
I
1 (g) "Unlawful practice" shall mean any policy or practice
2 which constitutes illegal discrimination as defined in
3 federal, state or local laws.
4 2.45.050. Human Relations Commission Established.
5 (a) There is hereby created a Human Relations Commission
6 consisting of ten ( 10) members who shall serve without
7 compensation. All members of the Commission shall be
8 residents of the City of San Bernardino. All
9 prospective members shall have demonstrated an
10 expertise in human relations work and a commitment to
11 fostering better human relations in the City of San
12 Bernardino.
13 (b) The Mayor shall appoint two (2) members, plus one (1)
14 non-voting youth representative. The youth
15 representative shall not be considered in determining
16 A quorum of the Commission nor in determining majority
C il ounc erson shall a
17
p appoint one ( 1 ) mem er
18 " who need not be a resident of the Ward. Each
�y
19 appointment shall be confirmed by the Common Council.
20 The terms shall be concurrent with the appointing
21 powers.
22 (c) The Commissioners shall elect a Chair from among the
23 voting members. The Chair shall serve at the pleasure
24 of the members, but for no longer than two (2) years.
25 (d) The Commissioners may be removed for cause by a vote of
26 a majority of the members of the Common Council.
27
28
DAB/bg [HRC.Ord] rJ
August 17, 1993
1 (e) Subject to its unfettered legislative discretion, the
2 Common Council will use good faith efforts to ensure
3 that:
4 ( 1 ) Sufficient funds and necessary staff are provided
5 to assist the Commission in carrying out its
6 duties and responsibilities; and,
7 (2) The Commission reflects the cultural diversity of
8 the community including ethnicity, gender, age,
9 disability and any other category protected by
10 law.
11 2.45.060. Powers and Duties.
12 The Commission shall:
13 ( a) Conduct programs designed to bring groups together to
14 close gaps resulting from past discriminatory practices
15 and to address pro-actively current or ongoing
16 intergroup tensions.
17 (b) Mediate disagreements among individuals, groups and
18 organizations which result from discriminatory
19 practices within the scope of this Chapter.
20 (c) Process complaints which cannot be resolved through
21 mediation as provided in the procedures in Section
22 2.45.080.
23 (d) Adopt, by majority vote of its members, by-laws
24 governing the conduct of its meetings and activities,
25 the establishment of subcommittees, and such other
26 rules as may be necessary for the performance of its
27 functions, provided that such by-laws shall specify
28 that a quorum shall at all times consist of a majority
DAB/bg [HRC.Ord] ()
August 17, 1993
I of its authorized membership and that any amendments to
2 the by-laws shall require an affirmative vote of a
3 majority of its authorized membership.
4 (e) Render a written report of its activities to the Mayor
5 and Common Council not less than once every six ( 6)
6 months. Such report shall include:
7 ( 1 ) Case histories of conciliation or mediation
8 settlements made under this Chapter, the
9 disclosure of which, in the judgment of the
10 Commission, will further the objectives of this
11 Chapter.
12 (2) Recommendations to the Mayor and Common Council
13 for development of policies and procedures which
14 will further the objectives of this Commission.
15 (3) Recommendations to the Mayor and Common Council
16 of additional legislation deemed by the
17 Commission to be necessary to carry out the
18 purposes of this Chapter.
19 (4) Recommendations of actions to be taken by the
20 Mayor and Common Council for the purposes of
21 furthering of the objectives of this Commission.
22 ( f) Maintain records and serve as the source of accurate
23 and reliable data on practices, activities, and other
24 problems which are the subject of this Chapter.
25 (g) Meet not less than once a month.
26 (h) In addition to the other powers and duties set forth in
27 this Chapter, the Commission shall have the power and
28 duty to:
DAB/bg [HRC.Ord] 7 August 17, 1993
1 ( 1 ) Prepare and disseminate educational and
2 informational material relating to prejudice and
3 discrimination and recommend ways and means of
4 eliminating such prejudice and discrimination.
5 (2) Furnish cooperation, information, guidance and
6 technical assistance to other public agencies and
7 private persons, organizations and institutions
8 engaged in activities and programs intended to
9 eliminate prejudice and discrimination.
10 (3) Consult and maintain contact with other public
11 agencies and representatives of employers, labor
12 unions, property/business owner's associations,
13 professional associations, national origin
14 groups, community organizations concerned with
15 interracial, interreligious and intercultural
16 understanding, social welfare organizations, and
17 such other private organizations and institutions
18 as the Commission shall deem advisable to further
19 objectives of this Chapter.
20 (4) Advise and make written recommendations to the
21 Mayor and Common Council concerning the
22 development and implementation of programs and
23 practices for the purpose of furthering the
24 objectives of this Chapter. If necessary, the
25 Commission and an agency, board, or other officer
26 which the Commission is assisting shall submit
27 timely reports of progress in establishing and
28 implementing such programs and practices as are
DAB/bg [HRC.Ord] 8 August 17, 1993
Q
1 from time to time requested by the Mayor or
2 Common Council through the staff of the
3 Commission.
4 ( 5 ) Examine, and, with the assent of the concerned
5 parties, conciliate or mediate all incidents of
6 discrimination within the scope of this Chapter
7 to the extent such functions are not within the
8 responsibilities of the Department of Fair
9 Employment and Housing or any federal, county,
10 state, city, or other established agency, and
11 make specific and detailed recommendations to the
12 interested parties as to the method of
13 eliminating such discrimination.
14 ( 6 ) Prepare, encourage and coordinate programs based
15 on established laws, regulations, policies, or
16 goals to eliminate or reduce existing
17 inequalities and disadvantages in the community
18 resulting from past discriminatory practices.
19 (7 ) Hold public hearings on community-wide problems
20 which may result in discrimination because of
21 race, sex, age, color, ethnicity, religion,
22 national origin, ancestry, physical disability,
23 marital status, political affiliation and/or
24 beliefs, or any category protected by law. Such
25 hearings shall be conducted informally and shall
26 not be bound by the formal rules of evidence, and
27 such hearings shall be taped.
28
DAB/bg [HRC.Ord] 9
August 17, 1993
1 ( 8) Request through the City Administrator or
2 Department Heads information, services,
3 facilities or any other assistance for the
4 purpose of furthering the objectives of this
5 Chapter.
6 ( 9 ) Appoint subcommittees as may be required to
7 address specific human relations problems. Such
8 subcommittees shall be composed of persons who
9 are members of the Commission.
10 ( 10) Support and participate in activities which bring
11 together various factions and view points on
12 emerging issues in a way that will help the
13 community to resolve the issues which arise with
14 change.
15 ( 11 ) Maintain close liaison with the Police
16 Department, through the Police Chief or his/her
17 representative, and promote understanding and
18 cooperation between the Police Department and
19 residents of the community.
20 ( 12 ) Cooperate with the Police Department in assuring
21 that cultural diversity training is provided for
22 all police personnel.
23 ( 13) Encourage and assist representatives of the local
24 law enforcement agencies, the judicial system and
25 other interested community groups in developing
26 and maintaining harmonious relationships between
27 the law enforcement agencies and the residents of
28 the City.
DAB/bg [HRC.Ord] 10 August 17, 1993
1 ( 14 ) The Commission shall neither be considered in
2 theory nor function as a police review board.
3 2.45.070. Cooperation with Other Communities and Agencies.
4 The Commission shall consult with and maintain contact with
5 human relations agencies, both public and private, and shall
6 cooperate in the development and implementation or inter- and
7 intra-community relations programs to further the objectives of
8 this Chapter.
9 2.45.080. Complaint Resolution Process.
10 ( a) Upon the filing with the Commission of a complaint by
11 any individual or entity alleging that an unfair or
12 unlawful practice of discrimination has occurred, the
13 staff, following consultation with the Commission
14 Chair, and written consent by all parties, shall
15 undertake an examination of the complaint. If, upon
16 such examination, it is found that the individual or
17 entity charged in the complaint has not or is not
18 engaged in any unfair or unlawful practice, such
19 finding shall be set forth in writing and shall be
20 filed with the Commission, and the complaint shall be
21 dismissed. It shall be the responsibility of the
22 Commission to notify, in writing, all parties to the
23 complaint of such dismissal. If, upon such
24 examination, it is found that reasonable cause exists
25 for the allegations made in the complaint, the Chair of
26 the Commission, pursuant to regulations duly adopted by
27 the Commission, shall designate one or more of the
28 Commissioners to endeavor to eliminate the alleged
DAB/bg [HRC.Ord] 11 August 17, 1993
I unfair or unlawful practice charged in the complaint by
2 means of conciliation or mediation. The Commission may
3 make specific recommendations to the parties.
4 Such recommendations shall not constitute a
5 decision, finding of fact, judgment or order of the
6 Commission, nor be binding upon or admissible in any
7 court in any subsequent proceedings brought under
8 subsection (e) of this section to the extent allowed by
9 law.
10 (b) All evidence and information given to or obtained by
11 the Commission in any proceedings under the provisions
12 of this Chapter are subject to the California Public
13 Records Act. (Government Code 56450, et seq. ) .
14 (c) A party to this process retains all legal or
15 constitutional privileges and defenses to the extent
16 allowed by law.
17 (d) If the party committing an alleged unfair or unlawful
18 practice complies with the recommendations of the
19 Commission, the matter shall be deemed settled and
20 terminated, and no other proceedings shall be had or
21 taken by the Commission.
22 (e) If the Commission is unable to resolve an alleged
23 unfair or unlawful practice, it may refer the aggrieved
24 person or matter in dispute to the appropriate
25 prosecutorial or regulatory entity for appropriate
26 legal action to resolve such alleged unfair or unlawful
27 practice. The Commission shall, at the time of
28 referring this matter, transmit to the appropriate
DAB/bg [HRC.Ord] 12 August 17, 1993
1 prosecutorial or regulatory entity a copy of its
2 findings and recommendations in the case. The
3 appropriate prosecutorial or regulatory entity, in its
4 discretion, may proceed to secure from an appropriate
5 court an order enjoining the defendant(s) from
6 continuing or repeating such practice or any other
7 order authorized or provided by law. If the
8 Commission, prior to commencement of the court
9 proceedings, as a result of its effort finds that the
10 alleged violator no longer engages in the alleged
11 unlawful practice described in the findings and
12 complies with the recommendations of the Commission, it
13 shall advise the appropriate agency.
14 ( f) In order for a complaint to be considered by the
15 Commission, the unfair or unlawful practice of
16 discrimination complained of must have occurred within
17 one (1 ) year immediately preceding the filing of the
18 complaint.
19 2.45.090. Individual Remedies.
20 Nothing in this Chapter or the provisions thereof shall be
21 construed as granting or denying to an aggrieved individual or
22 entity an additional right to pursue a civil action against any
23 person, firm, partnership, association, corporation or agency, or
24 any action allowed under state or federal law.
25 2.45.100. Meetings.
26 (a) All meetings of the Commission shall be held consistent
27 with the Ralph M. Brown Act. (Government Code §54950,
28 et seq. ) .
DAB/bg [HRC.Ord] 13 August 17, 1993
Now
1 (b) A Commissioner who misses three ( 3 ) consecutive
2 meetings or one-third of all the regularly scheduled
3 meetings within the City' s fiscal year without good
4 cause shall be automatically removed from the
5 Commission.
6 ( c) A quorum shall consist of a majority of the authorized
7 voting membership of the Commission.
8 (d) When there are nine ( 9 ) or fewer voting Commission
9 members in attendance, but at least a quorum, five ( 5 )
10 votes shall be required for official action.
11 2.45.110. Severability.
12 If any part or provision of this Chapter or the application
13 thereof to any person or circumstance is held invalid, the
14 remainder of this Chapter, including the application of such part
15 or provision to other persons or circumstances, shall not be
16 affected thereby and shall continue in full force and effect. To
17 this end, the provisions of this Chapter are severable.
18
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DAB/bg [RRC.Ord] 14
August 17, 1993
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2.45 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A HUMAN
2 RELATIONS COMMISSION.
3 I HEREBY CERTIFY that the foregoing Ordinance was duly
4 adopted by the Mayor and Common Council of the City of San
5 Bernardino at a meeting thereof, held on the
6 day of 1993, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 NEGRETE
9 CURLIN
10 HERNANDEZ
11 OBERHELMAN
12 OFFICE VACANT
13 POPE-LUDLAM
14 MILLER
15
16
17 City Clerk
18 The foregoing Ordinance is hereby approved this day
19 of 1993.
20
21 Tom Minor, Mayor
City of San Bernardino
22
23 Approved as to form
and legal content:
24 JAMES F. PENMAN,
25 City Attorney
26
By'
27
28
DAB/bg [FHRC.Ord] 15 August 17, 1993