HomeMy WebLinkAboutS1- Human Relations Commission CITY OF SAN BERNP' RDINO - REQUEST F-4R COUNCIL ACTION
From: Human Relations Commission Subject: Amend Section 2 .39 . 0$0 (a)
Complaint Resolution Process
Dept: Human Relations Commission
Date: March 29 , 1994
Synopsis of Previous Council action:
09/23/93 - Human Relations Commission Established
11/16/93 - Human Relations Commission Ordinance Amended
Recommended motion:
Refer to Legislative Review Committee
CC : Shauna Clark, City Administrator �."Y'4 - &�1�/IL
James F. Penman, City Attorney Signature
Contact person: Laurie Cannis Phone: 5004
Supporting data attached: Staff Report Ward: All
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No.
CITY OF SAN BERN "WINO - REQUEST F R COUNCIL ACTION
STAFF REPORT
The Human Relations Commission requested that Section
2 . 39 . 080 (a) of the Ordinance be amended to make the following
substantive changes in the Complaint Resolution process :
1 . Staff shall consult with a Commission Member on a rotating
basis . (Currently staff shall consult with Commission Chair)
2 . Consent of all parties involved not necessary to examine
a complaint. (Currently written consent required prior to
examination of complaint)
3 . Recommendation of the Commission is currently not
"admissible in any court" . Amendment deletes this language.
The effect of these amendments will be to make the complaint
resolution process a mandatory or compulsory process as opposed to
a "voluntary dispute resolution process" . This, coupled with the
potential admissability of the Commission' s recommendation, in "any
court in any subsequent proceeding" may lead to problems as to
Notice, Right to Counsel, and other Due Process issues .
Recommendation - Refer to Legislative Review Committee.
75-0264
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2 .39.080(a) RELATING TO THE COMPLAINT RESOLUTION PROCESS
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
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DO ORDAIN AS FOLLOWS :
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SECTION 1. Section 2 . 39 . 080 (a) of the San Bernardino
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Municipal Code is hereby amended to read as follows :
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2 .39 .080. Complaint Resolution Process.
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(a) Upon the filing with the Commission of a complaint by
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any individual or entity alleging that an unfair or
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unlawful practice of discrimination has occurred, the
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staff, following consultation with a rotating
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Commission Member, shall undertake an examination of
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the complaint. If, upon such examination, it is found
14 that the individual or entity charged in the complaint
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has not or is not engaged in any unfair or unlawful
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practice, such finding shall be set forth in writing
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and shall be filed with the Commission, and the
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complaint shall be dismissed. It shall be the
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responsibility of the Commission to notify, in writing,
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all parties to the complaint of such dismissal . If,
21 upon such examination, it is found that reasonable
22 cause exists for the allegations made in the complaint,
23 the Chair of the Commission, pursuant to regulations
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duly adopted by the Commission, shall designate one or
25 more of the Commissioners to endeavor to eliminate the
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alleged unfair or unlawful practice charged in the
27 complaint by means of conciliation or mediation. The
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FLR/aLCComplaint.Ord] 1
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2 .39.080(x) RELATING TO THE COMPLAINT RESOLUTION PROCESS
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3 Commission may make specific recommendations to the
4 parties . Such recommendations shall not constitute a
5 decision, finding of fact, judgment or order of the
6 Commission, nor be binding upon any court in any
7 subsequent proceedings brought under subsection (e) of
8 this section to the extent allowed by law.
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FLR/aLCComplaint.Ord7 2
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2 .39.080(x) RELATING TO THE COMPLAINT RESOLUTION PROCESS
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3 I HEREBY CERTIFY that the foregoing Ordinance was duly
4 adopted by the Mayor and Common Council of the City of
5 San Bernardino at a meeting thereof, held on the
6 day of 1994, by the following vote, to wit:
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8 Council Members : AYES NAYS ABSTAIN ABSENT
9 NEGRETE
10 CURLIN
11 HERNANDEZ
12 OBERHELMAN
13 DEVLIN
14 POPE-LUDLAM
15 MILLER
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17 City Clerk
18 The foregoing Ordinance is hereby approved this day
19 of 1994 .
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21 Tom Minor, Mayor
City of San Bernardino
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Approved as to
23 form and legal content :
24 JAMES F. PENMAN,
City Attorney
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26 By:
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FlR/aL[Complaint.Ordl 3