HomeMy WebLinkAbout26- City Treasurer JCITY OF SAN BERFRDINO - REQUEST f -)R COUNCIL ACTION
Ernie Wilson, Affirmative Action
From: Officer Subject: Ordinance establishing Human
Dave Kennedy, City Treasurer Relations Commission.
Dept:
Date: September 13 , 1993
Synopsis of Previous Council action:
7/ 06/93 --, Proposed creation of Human Relations Commission referred
by Mayor and Council to Legislative Review Committee.
8/02/93 -- Proposed ordinance adding Chapter 2 . 45 to Municipal Code
establishing Human Relations Commission referred to
Legislative Review Committee.
8/16/93 -- First reading of Ordinance establishing Human Relations
Commission.
9/07/93 -- Ordinance establishing Human Relations Commission referred
back to Legislative; Legislative Review Committee recommended
ordinance receive final reading.
Recommended motion:
That the ordinance be adopted; that the proposed Human Relations
Commission budget in the amount of $40 ,000 be approved; that the
Director of Finance be directed to incorporate that amount into
the FY 93/94 City Budget.
Signature
Contact person: Ernie Wilson/Dave Kennedy Phone: 5004/5221
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount: $40 , 000
Source: (Acct No.) FY 93/94 Budget
(Acct. Description)
Finance:
Council Notes:
1. „qal Agenda Item No.
CITY OF SAN BERE:`,VRDINO - REQUEST ' -)R COUNCIL ACTION
STAFF REPORT
At the Legislative Review Committee meeting Thursday September 9,
1993 , the Human Relations Ordinance was reviewed for re-insertion
of an oath into the ordinance (page 9, line 27; page 10, line 1 and
2) .
There is a language change as it refers to appointments by Council
Members (page 5, line 13) . . . " (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 for determining majority vote. Each Council Person
shall appoint one (1) member who shall taaad-mat be a resident of
the Ward. Each appointment shall be confirmed by the Common
Council. The terms shall be concurrent with the appointing
powers. . . "
It was also recommended that an estimated budget proposal be
submitted. The proposed estimated budget, defined as
Staff/Clerical Support and Material/Service/Supplies, is defined as
a reasonable starting budget.
BUDGET
PERSONNEL SERVICES
Staff Support $ 25, 000
Benefits (32%) (8, 000)
-----------------------------------------------
Budget Requirements 33 , 000
MATERIAL/SERVICE/SUPPLIES
Advertising 350
Subscriptions 200
Postage 500
Copy Machine Charges 600
Data Processing 750 (estimated)
Printing Charges 600
Meetings & Conferences 1,500
Training 1,500
Telephone Charges 400
Special Departmental Supplies 600
Total Material/Service/Supplies 7, 000
---------------------------------------------
Net Budget Requirement $ 40, 000
75-0264
t
Human Relations Commission
Page 2
As this will be a new commission and a new classification, the
positive implementation can be accomplished by utilizing two (2)
options.
OPTION lA
Evaluate the cost of staff support by using a personnel contractual
arrangement that can be entered into for a 6 to 8 month period.
Using this methodology, it can be determined in that time-frame
what actual costs were incurred in support of the Commission
workload and activities.
OPTION 1B
A further option can or may be incorporated in Option lA which is:
Less than 40 hours or up to 40 hours of Staff Support which also
can be evaluated at the end of a 6 to 8 month period.
Utilizing these options can give the flexibility of a cost savings
to the funding source and still maintain a good faith effort and
commitment to ensure the Commission is functional and properly
funded.
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 Retention of businesses/attract businesses and make San
Bernardino more competitive with other counties and cities as
to the quality of life in the City of San Bernardino;
0 Avenue for Mayor and Council members to address complaints;
0 Racial harmony and reduce racial tensions;
Human Relations Commission
Page 3
0 Promotes and supports the intercultural/interracial community;
0 Provides a healthy process to resolve complaints and unlawful
practices (conflict resolutions) ;
0 Interact with City of San Bernardino Police Community
Relations programs;
0 Allows for a celebration of diversity;
0 Serves to unify the City in common set of principles and
ethics.
0
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
SECTION 1. Chapter 2 . 45 is hereby added to the San
6 Bernardino Municipal Code to read as follows :
7 2.45.010. Findings.
8
The population of the City of San Bernardino is composed of
9
people of various racial, religious and ethnic groups . In this
10
City, the practice of discrimination based on race, sex, age,
11
color, ethnicity, religion, national origin, ancestry, physical
12
disability, marital status, political affiliation and/or beliefs
13
and any other category protected by law and the exploitation of
14
prejudice related thereto adversely affects members of the above
15
groups .
16
Such discriminatory practices are inimical to the public
17 welfare and good order in that they:
18
(a) Impede social and economic progress for the entire
19
citizenry by preventing members of the above groups
20
from achieving full development of their individual
21
potentialities and from contributing fully to the
22
cultural and business life of the community;
23
(b) Constantly frustrate, degrade and embitter members of
24
the above groups, thereby diminishing their initiative
25
and interest in the community; and,
26
(c) Tend to create intergroup hostilities and anti-social
27
behavior.
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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
g 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,
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September 10, 1993
f l
1 religion, national origin, ancestry, physical disability, marital
2 status, political affiliation and/or beliefs and any other
3 category protected by law and shall advise the Mayor and Common
4 Council on methods to inform the inhabitants of the City of San
5 Bernardino of developments in human relations . The Commission may
6 recommend use of mediation and/or conciliation processes to
7 attempt to eliminate alleged unfair or unlawful discriminatory
8 practices as defined herein. The Commission shall not duplicate
9 the duties or responsibilities of the Equal Employment Opportunity
10 Committee of the City, and for that reason shall not hear
11 complaints of discrimination involving City employees, in their
12 capacity as employees .
13 2 .45.030. Scope.
14 This Chapter applies to all discriminatory practices and to
15 resulting inter-group tensions specifically covered by the
16 provisions of this Chapter occurring within the territorial limits
17 of the City of San Bernardino, and, to the extent permitted by
18 law, to activities outside the City which reasonably affect such
19 practices and tensions within said territorial limits . Nothing in
20 this Chapter, however, shall be interpreted or applied so as to
21 create any power or duty in conflict with the preemptive effect of
22 any federal or state law, City Ordinances, or City Resolutions .
23 Nor shall anything in this Chapter be implemented in a way that
24 overlaps already existing federal or state programs; rather,
25 federal or state programs shall be utilized or supplemented when
26 necessary, appropriate and feasible to give effect to this
27 Chapter.
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September 10, 1993 3
0
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.
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September 10, 1993 4
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
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
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September 10, 1993 5
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
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• 1 that a quorum shall at all times consist of a majority
2 of its authorized membership and that any amendments to
3 the by-laws shall require an affirmative vote of a
4 majority of its authorized membership.
5 (e) Render a written report of its activities to the Mayor
6 and Common Council not less than once every six ( 6 )
7 months . Such report shall include:
8 ( 1 ) Case histories of conciliation or mediation
g settlements made under this Chapter, the
10 disclosure of which, in the judgment of the
11 Commission, will further the objectives of this
12 Chapter.
13 (2 ) Recommendations to the Mayor and Common Council
14 for development of policies and procedures which
15 will further the objectives of this Commission.
16 ( 3 ) Recommendations to the Mayor and Common Council
17 of additional legislation deemed by the
18 Commission to be necessary to carry out the
19 purposes of this Chapter.
20 (4 ) Recommendations of actions to be taken by the
21 Mayor and Common Council for the purposes of
22 furthering of the objectives of this Commission.
23 (f ) Maintain records and serve as the source of accurate
24 and reliable data on practices, activities, and other
25 problems which are the subject of this Chapter.
26 (g) Meet not less than once a month.
27 (h) In addition to the other powers and duties set forth in
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September 10, 1993 7
1 this Chapter, the Commission shall have the power and
2 duty to:
3 ( 1 ) Prepare and disseminate educational and
4 informational material relating to prejudice and
5 discrimination and recommend ways and means of
6 eliminating such prejudice and discrimination.
7 (2 ) Furnish cooperation, information, guidance and
8 technical assistance to other public agencies and
9 private persons, organizations and institutions
10 engaged in activities and programs intended to
11 eliminate prejudice and discrimination.
12 ( 3) Consult and maintain contact with other public
13 agencies and representatives of employers, labor
14 unions, property/business owner' s associations,
15 professional associations, national origin
16 groups, community organizations concerned with
17 interracial, interreligious and intercultural
18 understanding, social welfare organizations, and
19 such other private organizations and institutions
20 as the Commission shall deem advisable to further
21 objectives of this Chapter.
22 (4 ) Advise and make written recommendations to the
23 Mayor and Common Council concerning the
24 development and implementation of programs and
25 practices for the purpose of furthering the
26 objectives of this Chapter. If necessary, the
27 Commission and an agency, board, or other officer
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September 10, 1993
J
1 which the Commission is assisting shall submit
2 timely reports of progress in establishing and
3 implementing such programs and practices as are
4 from time to time requested by the Mayor or
5 Common Council through the staff of the
6 Commission.
7 (5 ) With the assent of the concerned parties,
8 examine, conciliate or mediate all incidents of
9 discrimination within the scope of this Chapter
10 to the extent such functions are not within the
11 responsibilities of the Department of Fair
12 Employment and Housing or any federal, county,
13 state, city, or other established agency, and
14 make specific and detailed recommendations to the
15 interested parties as to the method of
16 eliminating such discrimination.
17 ( 6 ) Prepare, encourage and coordinate programs based
18 on established laws, regulations, policies, or
19 goals to eliminate or reduce existing
20 inequalities and disadvantages in the community
21 resulting from past discriminatory practices .
22 (7 ) Hold public hearings on community-wide problems
23 which may result in discrimination because of
24 race, sex, age, color, ethnicity, religion,
25 national origin, ancestry, physical disability,
26 marital status, political affiliation and/or
27 beliefs, or any category protected by law. Where
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r
1 necessary testimony can be taken under oath,
2 however, such hearings shall be conducted
3 informally and shall not be bound by the formal
4 rules of evidence, and such hearings shall be
5 taped.
6 ( 8 ) Request through the City Administrator or
7 Department Heads information, services,
8 facilities or any other assistance for the
9 purpose of furthering the objectives of this
10 Chapter.
11 ( 9 ) Appoint subcommittees as may be required to
12 address specific human relations problems . Such
13 subcommittees shall be composed of persons who
14 are members of the Commission.
15 ( 10 ) Support and participate in activities which bring
16 together various factions and view points on
17 emerging issues in a way that will help the
18 community to resolve the issues which arise with
19 change.
20 ( 11 ) Maintain close liaison with the Police
21 Department, through the Police Chief or his/her
22 representative, and promote understanding and
23 cooperation between the Police Department and
24 residents of the community.
25 ( 12 ) Cooperate with the Police Department in assuring
26 that cultural diversity training is provided for
27 all police personnel .
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September 10, 1993
1 ( 13 ) Encourage and assist representatives of the local
2 law enforcement agencies , the judicial system and
3 other interested community groups in developing
4 and maintaining harmonious relationships between
5 the law enforcement agencies and the residents of
6 the City.
7 ( 14 ) The Commission shall neither be considered in
8 theory nor function as a police review board.
9 2 .45.070. Cooperation with Other Communities and Agencies.
10 The Commission shall consult with and maintain contact with
11 human relations agencies, both public and private, and shall
12 cooperate in the development and implementation or inter- and
13 intra-community relations programs to further the objectives of
14 this Chapter.
15 2.45.080. Complaint Resolution Process.
16 (a) Upon the filing with the Commission of a complaint by
17 any individual or entity alleging that an unfair or
18 unlawful practice of discrimination has occurred, the
19 staff, following consultation with the Commission
20 Chair, and written consent by all parties, shall
21 undertake an examination of the complaint. If, upon
22 such examination, it is found that the individual or
23 entity charged in the complaint has not or is not
24 engaged in any unfair or unlawful practice, such
25 finding shall be set forth in writing and shall be
26 filed with the Commission, and the complaint shall be
27 dismissed. It shall be the responsibility of the
28
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September 10, 1993
1 Commission to notify, in writing, all parties to the
2 complaint of such dismissal . If, upon such
3 examination, it is found that reasonable cause exists
4 for the allegations made in the complaint, the Chair of
5 the Commission, pursuant to regulations duly adopted by
6 the Commission, shall designate one or more of the
7 Commissioners to endeavor to eliminate the alleged
8 unfair or unlawful practice charged in the complaint by
9 means of conciliation or mediation. The Commission may
10 make specific recommendations to the parties .
11 Such recommendations shall not constitute a
12 decision, finding of fact, judgment or order of the
13 Commission, nor be binding upon or admissible in any
14 court in any subsequent proceedings brought under
15 subsection (e) of this section to the extent allowed by
16 law.
17 (b) All evidence and information given to or obtained by
18 the Commission in any proceedings under the provisions
19 of this Chapter are subject to the California Public
20 Records Act. (Government Code §6450, et seq. ) .
21 (c) A party to this process retains all legal or
22 constitutional privileges and defenses to the extent
23 allowed by law.
24 (d) If the party committing an alleged unfair or unlawful
25 practice complies with the recommendations of the
26 Commission, the matter shall be deemed settled and
27 terminated, and no other proceedings shall be had or
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September 10, 1993
r) 0
1 taken by the Commission.
2 (e) If the Commission is unable to resolve an alleged
3 unfair or unlawful practice, it may refer the aggrieved
4 person or matter in dispute to the appropriate
5 prosecutorial or regulatory entity for appropriate
6 legal action to resolve such alleged unfair or unlawful
7 practice. The Commission shall, at the time of
8 referring this matter, transmit to the appropriate
9 prosecutorial or regulatory entity a copy of its
10 findings and recommendations in the case. The
11 appropriate prosecutorial or regulatory entity, in its
12 discretion, may proceed to secure from an appropriate
13 court an order enjoining the defendant(s ) from
14 continuing or repeating such practice or any other
15 order authorized or provided by law. If the
16 Commission, prior to commencement of the court
17 proceedings, as a result of its effort finds that the
18 alleged violator no longer engages in the alleged
19 unlawful practice described in the findings and
20 complies with the recommendations of the Commission, it
21 shall advise the appropriate agency.
22 (f ) In order for a complaint to be considered by the
23 Commission, the unfair or unlawful practice of
24 discrimination complained of must have occurred within
25 one ( 1 ) year immediately preceding the filing of the
26 complaint.
27
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September 10, 1993
1 2 .45.090. Individual Remedies.
2 Nothing in this Chapter or the provisions thereof shall be
3 construed as granting or denying to an aggrieved individual or
4 entity an additional right to pursue a civil action against any
5 person, firm, partnership, association, corporation or agency, or
6 any action allowed under state or federal law.
7 2 .45. 100. Meetings.
8 (a) All meetings of the Commission shall be held consistent
9 with the Ralph M. Brown Act . (Government Code §54950,
10 et seq. ) .
11 (b) A Commissioner who misses three ( 3) consecutive
12 meetings or one-third of all the regularly scheduled
13 meetings within the City' s fiscal year without good
14 cause shall be automatically removed from the
15 Commission.
16 (c) A quorum shall consist of a majority of the authorized
17 voting membership of the Commission.
18 (d) When there are nine (9 ) or fewer voting Commission
19 members in attendance, but at least a quorum, five (5 )
20 votes shall be required for official action.
21 2.45. 110. Severability.
22 If any part or provision of this Chapter or the application
23 thereof to any person or circumstance is held invalid, the
24 remainder of this Chapter, including the application of such part
25 or provision to other persons or circumstances, shall not be
26 affected thereby and shall continue in full force and effect. To
27 this end, the provisions of this Chapter are severable.
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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'
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