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HomeMy WebLinkAbout22-City Treasurer CITY' OF, ,SAN BERNAFINO - REQUEST FCW COUNCIL ACTION From: DAVID KENNEDY, CITY TREASURER Subject: ERNEST WILSON, AFFIRMATIVE ACTION OFFICER Dept: AFFIRMATIVE ACTION ORDINANCE ADDING CHAPTER 2.45 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHINC A HUMAN RELATIONS COMMISSION 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. L~~~ , Signature ..... .. Contact person: Ernest Wilson Phone: (909)384-5004 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.! (Acct. DescriDtionl Finance: Council Notas: 75-0262 Agenda Item No .2:<. CITY OF. . SAN BERNAlDINO - REQUEST FW 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 ev~ry 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 ~ood 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. .. 75-0264 " , , . . BUDGET 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 Benefits (32%) $16,188 5,180 Total $21,368 Advertising subscriptions postage copymachine charges Data Processing Printing charges Meetings & Conferences Training Telephone charges Special departmental supplies (ESTIMATt) $ 250 100 500 500 750 (estimated) 600 1,000 1,500 400 500 MATERIAL/SERVICE/SUPPLIES $27,468 (estimated) Total budget requirements BACKGROUND INFORMATION STATISTICAL INFORMATION: Ethnic profile of San Bernardino City based on 1990 census data: \vhite African American Hispanic Others Women 45% 15% 34.5% 5.0% 60.8% BENEFITS o Fewer grievances and problems to council members; o Attract businesses and make San Bernardino more competitive with other large counties and cities to attract new business; o Racial harmony and reduce racial tensions; .' . . Budget page 2 o Promotes and supports the intercultural/interracial community; o Provides a healthy avenue to manage complaints and grievances; o Interact with city of San Bernardino Affirmative Action programs; o Allows for a celebration of diversity; o Serves to unify the city in a common set of principles and ethics. .. .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. . . ORDINANCE NO. 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 City, 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 citizenry 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. DA&/bg [BRC.Ord] 1 lIuguat 6. 1993 .. . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 to 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 opportuni ty, 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 DAB/bg IBRC.Ord) 2 lIugu.t 6. 1993 .. - - - - - - . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 wi thin 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 wi thin 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. III III IlAB/bg IHRC.Ord] 3 Augu.t 6. 1993 .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III . . 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. 4 DllB/bg [RRC.Ord] Auguat 6. 1993 .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III III . . (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. 5 DAB/bg [BRC. Ord] Augu.t 6~ 1993 .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. . . (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 2.45.080. (d) 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 DAB/bg [BRC.Ord] 6 lIuguat 6. 1993 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . 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: OAB/bg IBRC.Ord] 7 Auguat 6. 1993 .. . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 acti vi ties 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 JlllB/bg [BRC.Ord] 8 Augu.t 6. 1993 .. ., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IWI/bg IRRC.Ord] . . 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 or eliminate 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 and/or beliefs, or any category protected by law. ~ on e ta er 0 h, h~~ ~l WearingS shall be conducted informally and shall not be bound by the formal rules of evidence. tI~~.dtAl/...Iv +4'/ 9 Augut 6. 1993 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAB/bg IHRC.Ord) ~ 'I . . It jJ,t /;/flJY)on j1tJl/nh/ Refer t?for appro ria'te legal~ not resol~ed thro ction y matters media i011 or regu 'tory the appropriate h con511liati 7cutoria nt y. 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. (){)) Appoint subcommittees as may be required to '1 address specific human relations problems. Such subcommittees shall be composed of persons who are members of the Commission. (~) Support and participate in activities which bring ;0 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. (.1'2) Maintain II 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. yr3) Cooperate with the Police Department in assuring Ilr that cultural diversity training is provided for (.14) 1'3 all police personnel. Encourage and assist representatives of the local law enforcement agencies, the judicial system and 10 Auguoot 6. 1993 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . 1 other interested community groups in developing and maintaining harmonious relationships between the law enforcement agencies and the residents of I~ (.V-l ) the City. 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 :~~~ssion of a complaint by any individual orentity~,C1n 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 entity 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 OAB/bg (BRC.Ord) 11 Auguet 6. 1993 1 2 8 4 5 6 7 8 9 10 11 12 18 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . 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 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 56450, 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 DlIB/bg [BRC.OrdJ 12 Augu.ot 6. 1993 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - - - - - . . 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, transmi t to the appropriate 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. DAB/bg [BRC.Ord] 13 Auguot 6. 1993 - . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2.45.100. Meetings. (a) All meetings of the Commission shall be held consistent with the Ralph M. Brown Act. (Government Code S54950, et seq.). (b) A Commissioner who misses three (3) consecutive meetings or one-third of all the regularly scheduled meetings wi thin 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. III III III III III /II III DAB/bg (BRC.OrdJ 14 I\UguJlt 6, 1993 - . . 1 2 8 4 5 6 7 8 9 10 11 12 18 14 15 16 17 18 19 20 21 22 28 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2.45 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A HUMAN RELATIONS COMMISSION. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1993, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT NEGRETE CURLIN HERNANDEZ OBERHELMAN OFFICE VACANT POPE-LUDLAM MILLER City Clerk The foregoing Ordinance is hereby approved this day of , 1993. Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney ~J P~. IlAB/bg [BRC.Ord] 15 Auguot 6. 1993