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HomeMy WebLinkAboutHuman Relations Commission - Minutes - 01/12/1990City of Fort Collins Boards and Commissions • 13"1NIN 13hIIIT DATE: January 12, 1990 TO: Human Relations Commission Members FROM: Steve Francis, Chairman Human relations Commission RE: Meeting January 11, 1990 Ladies and Gentlemen: We had a very interesting and productive meeting on January 11. Unfortunately only two persons, Elaine Boni and myself, attended. We did not have a quorum and were unable to take any action. We need to take action soon, and those members who did not attend missed hearing a lot of comment and receiving a lot of information that they would have found useful. I will try to sum up what we did in this memo and to raise for you some of the issues that seemed important but I do not promise that this will be exhaustive. We discussed two issues: administrative enforcement, that is, how the complaint process is administered by the City Manager's office and code changes, that is, whether the HRC should recommend changes to the city code. Administrative Procedures: The proposal sent to us by Peter Dallow met, I think, with general approval. You should note that it will take approximately 80 work days, or approximately 100 days, to go through the process, and if reconciliation cannot be reached for the City, to file a criminal complaint. This means that violations will continue for at least three months if the process is followed. On the other hand, the time tables seemed reasonable; indeed, there was a question whether part 4 of the time table, for making a determination of probable cause, gave sufficient time - it provides 10 working days. Some other suggestions which were raised in the discussion of the administrative procedures are these: 3()0 LaPorte Avenue • P O. Boy • F,n! Collin,_ Co 30;22-0:;40 • (;i1.;1 2-'I Human Relations Commission Members Page Two January 12, 1990 to handle these complaints? Ms. Kirkpatrick said that if we recommended this, it should be in the form of a recommendation to Council, since it would have to do the budgeting. office? Currently, enforcement of our Code has supposedly been contracted to Colorado Civil Rights Commission. However, Ed Gibbs, the Commis- sion representative who attended, said that he thought that the Commission could only administer state law and could not administer the city law. As I understand the contract, (I will get a copy for Commission members) complaints for violations of the city code are treated as violations of the state code (which is different than the city code) and given to the state of Colorado for processing. The question was raised whether this practice should continue, and, in fact, whether the entire enforcement of civil rights violations should be handled by the state. If all violations were handled by the state and the state only investigated or prosecuted viola- tions of state law then the city code would become, in effect, irrelevant. Perhaps this would be a real result, as the state has expertise in dealing with civil rights violations and the city government does not. However, that issue was certainly not resolved at the meeting. maintained? Would public pressure about civil rights violations help resolve them? As an example, the club which is violating the code has been in violation now for over a year, and there has been no publicity about it whatsoever, since the entire process is kept secret. Indeed, after the process is concluded, the matter is still kept secret. Human Relations Commission Page Three January 12, 1990 people generally felt that this was a good idea, and perhaps could be worked into the administrative procedures in some way. Should there be a final deadline, by which either reconciliation agreement was reached or charges would be filed? The City Manager's office felt that if their procedures provided that if, after the repetition of steps 5 and 6 of the complaint's processing procedure, there is no resolution, at that point criminal charges would have to be filed. This would put an approx- imately 100 day deadline on reaching an agreement. how the City Manager's process works? This could then be distributed to complainants so that they would know how the process was working. Should the parties know what the other side is doing in the complaint process? For instance, I have little knowledge about communications between the City Manager's and City Attorney's office and the respondent's in the complaints that have been filed even though I am one of the complainants. The City Attorney's office expressed the concern that if complainants were told of what was going on, they might breach the confidentiality rules and tell someone else. From a "consumers" standpoint, I can tell you that the way the system currently operates, com- plainants have the feeling that nothing whatsoever is being done. Changes in the City Code: The only changes that were discussed were procedural: Should the confidentiality requirement be eliminated? Should the City, in effect, get out of the civil rights business? Human Relations Commission Page Four January 12, 1990 Should money be budgeted to create expertise in civil rights' matters within the City Manager's office? If not, how would the complaint procedure be handled and paid for? Should a policeman who sees a civil rights violation be able to file a complaint or "write a ticket" regarding the violation. If so, how is this handled: as a "ticket" or through the normal complaint process? At this time, the only remedy the City has is to file criminal charges. The other issue discussed is whether the City should have injunc- tive powers; that is, should the City have the power to go to court and get an order directing that what would appear to be violations of the code cease and desist, while the complaint process is completed? At this time, the City appears to be powerless to anything about civil rights violations until a complaint is filed and the lengthy administrative procedures are completed. This allows open violations of the code, such as the club violation, to continue unabated so long as the reconciliation process is under way, and, perhaps, until our court enters a judgment of conviction. The question seems to be whether the City needs a more "flexible response" to violations than it now has. I must say that the City Attorney's office was not prepared to give much help in our discussion on these issues. POSSIBLE NEW HRC MEMBERS We are now down to six members. Susan Kirkpatrick asked whether we would consider holding off on making recom- mendations until we had a full commission. She suggested we wait until March. However, we could not have new members by March unless the position were advertised this coming week. Supposedly, we will be advised during the week of January 15 whether the new positions will be advertised. If so, I am sure that all of you have potential candidates Hunan Relations Commission Page Five January 12, 1990 for the HRC, and we can solicit people to join the Commission. I will put the matter for administrative procedures and code amendments on the agenda for February, and we will know by then whether there is a chance of having new members by March. A review of attendance policy and procedure to follow should members not be able to attend meetings. (Refer to green Boards and Commissions manual for procedure.) I have prepared the February agenda in advance and it is included with this letter. There is a fair amount of work to do at this meeting. Very truly yours, HUMAN GHTS COMMISSION OF R COLLI St a G. Francis Chairman SGF/wk Enclosure