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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 19 20 21 22 23 24 25 26 27 28 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