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HomeMy WebLinkAboutHuman Relations Commission - Minutes - 01/08/1976• THE CITY OF FORT COLLINS DATE: February 9,.1976 TO: The Human Relations Commission FROM: Art Jackson, Secretary RE: Minutes.of the January 8, 1976 Meeting I. Call to Order at 7:35 P.M. by Chairman Ostertag in The City Council Chambers. II. Present were: Members - Ed Ostertag, Margaret Batson, Art Jackson, Sam Van Why, Gloria Newman, Ann Azari, and Ben Napheys. Guests - Aaron Azari • Staff - Rosita Bachmann, Human Rights Officer and John McGraw, Human Resources Director. Members Absent: Dave Moore III. Art Jackson moved that the minutes be postponed until the next meeting. Margaret Batson seconded the motion and it carried 7-0. IV. Committee Reports A. Executive -Chairman Ostertag referred all to the Agenda for the Executive Report. B. Grievance and Investigation. Sam Van Why gave no report. However, the Chairman requested information about coordina- tion between The Committee and The Human Rights Office. Sam indicated that special cases i.e. those not within the jurisdiction of the Ordinance are referred to The Committee and that the Committee works with agrieved persons and respondents to effect conciliation of problems not cover- ed by the Ordinance. The Chairman intimated the need for some report from the • Committee on the numbers of such cases and the success of • The Human Relations Commission -2- February 10, 1976 Minutes of January 8, 1976 Meeting • C� the Committee in dealing with them. He also noted that it is important to know that there is no duplication between The Committee & Human Rights. C. Police Community Relations: 1. Sam Van Why reported that a workshop on Police -Spanish Speaking Community Relations Workshop will be held on February 14, 1976 at Holy Family Hall. The workshop is to be jointly sponsored by C.S.U.'S Affirmative Action Office and Human Relations Office, and by The City Human Rights Office. Armando Morales, D.S.W., will be the Special Guest Speaker. (See exhibit "A" attached hereto for program pamphlet. Sam, Art Jackson, Rosita, and Dave Moore have been in- volved in the program planning with Jay Davis and Pat Kelley of the Police Dept., Mayor Jack Russell, Eleanor Gale, City Public Information Officer, Louise Carbajal, C.S.U. Affirmative Action Officer, and Ernie Miranda. Dave Moore represents The C.S.U. Human Re- lations Office in the planning. 2. Sam reported that he can use some help with the Police Community Relations Survey, but postponed his report until the next H.R.C. Meeting. D. Revenue Sharing: Margaret Batson - No Report. V. Annual Human Rights Report: Rosita Bachmann (See previous mailing for report). Rosita summarized the report. The Commission Members expressed appreciation for her excellent work and thorough report. The reports are cumulative and quarterly; the next report will be given in March, 1976. VI. Old Business: A. Neighborhood Improvement Association Report on The Rehabilitation Project. Art Jackson reported that forty (40) applications have been received, $80,000 has been • • • The Human Relations Commission Minutes of January 8, 1976 Meeting -3- February 10, 1976 granted to The Project by The State Division of Housing and that construction should begin before the next H.R.C. Meeting, B, Sam Van Why asked that The Commission continue its considera- tion of The Proposed Amendments to The H.R.C. Creating Ordinance and Bylaws. Ben Napheys moved that the currently proposed Amended Creating Ordinance and Bylaws be amended by the addition of the following words to Section I, Sub -Section F, of The Creating Ordinance and Bylaws; "by such means as The City Council may direct including but not limited to membership on The Human Resource Board." Gloria Newman seconded the motion and it carried 7-0. Chairman Ostertag instructed John McGraw to advise the City Manager of the amendment and The Commission's desire to see the matter reviewed at a Council work session. He also requested that The Commission be ad- vised of the date and time scheduled. C. Sam Van Why and Ben Naphey reported that further research was required before The Proposed "Handicapped Non -Discrim- ination Amendment" to The Human Rights Ordinance would be ready for second review by The Commission. VII. New Business: A. The offer of assistance to The Housing Authority was placed in consideration. Ann Azari reminded The Commission that the Commissions offer of assistance had previously been sent to The Authority. The Commission decided by concensus not to reiterate the offer. B, Chairman Ostertag introduced the next Agenda item in consideration of the request from City Council via The Boards and Commissions Packet for 1976 goals and objectives of the H.R.C. He requested comments from The Commission. Ben Napheys suggested that the following objectives be considered for a starter: • .The Human Relations Commission -4- February 10, 1976 Minutes of Jsanuary 8, 1976 Meeting 1. Passage and circulation of The Human Rights Administrative Rules Manual. 2. Passage of The Amended Creating Ordinance and Bylaws (which outline numerous long range goals). 3. Development and presentation of a functional "Handicapped Non -Discrimination Amendment" to the Human Rights Ordinance. 4. Maintenance of a short but meaningful list of goals and objectives. All present seemed in concurrence with Ben's suggestion. The Chairman asked the members to consider additions to Ben's list for the next meeting and asked Art Jackson to check with the City Attorney about the delay in his reconsideration of The Proposed "Human Rights Administra- tive Rules Manual." • VIII. Seeing no further business, The Chairman declaired the meet- ing adjourned at 9:30 P.M. • • EXHIBIT "A" • • • 0 HARDEN AND NAPHEYS ATTORNEYS AT LAW MEMBERS OF FIRM PROFESSIONAL CORPORATION RALPH B. HARDEN B. F. NAPHEYS III H. T. SCHMIDT. JR. GEORGE H. HASS CHARLES S. BLOOM November 17, 1975 Rev Edward F. Ostertag 2000 Stover Fort Collins, Colorado 80521 Re: Fort Collins Human Relations Commission Dear Father Ed: TENTH FLOOR FIRST NATIONAL TOWER P. O. BOX 1606 FORT COLLINS, COLORADO 80521 AREA CODE 303 482-TJ>T Enclosure one is a draft of a proposed amendment to the City of Fort Collins (Human Relations) Ordinance. The amendment seeks to accomplish the addition of the class of persons "physically handicapped" to the class protected from employment, housing and public accomodation discrimination. A subcommitee composed of Sam Vanwhy and myself met recently concerning this matter. I was delegated the responsibility of drafting a proposal to add the handicapped to the protected classes. Two matters which are not included in the proposed amendment should be pointed out. First, the group of "mentally handicapped" is not included. Enclosure two is a definition used in a proposed House Bill 1173 introduced at the 1975 session of the State of Colorado legislature. The bill was not passed into law mainly because of the inclusion of the "mentally handicapped" group. I dis- cussed the matter with Hon. Ronald H. Strahle and he indicated that opposition centered around fear of inclusion in the mentally handicapped definition of alcoholics, psychopaths, sociopaths, etc. Second, there are no positive duties on employers, homeowners, landlords or owners of places of public accomodation to provide special facilities for the physically handicapped. Since such duties would involve significant expenditures and the human rights ordinance as presently worded for race, religion, sex, etc., discrimination provides no positive duties, but rather, only negative prohibitions, the positive duties idea was not included. The proposed amendment places discrimination Rev Edward F. Ostertag • Page 2 November 17, 1975 against the physically handicapped on the same basis as dis- crimination based on race, religion, sex, etc. I suggest that the proposed amendment be placed on the agenda for discussion at the December meeting. As to the November meeting, I want to protest the continuance to Wednesday, November 19. I have set aside the second Thursday evening of each month for our meetings and turn down opportun- ities for scheduling other events those evenings. On Wednesday, November 19, I have my Marine Corps Reserve and the Colorado Colleges orientation for my high school senior son at Rocky Mountain High School. I will go to the college orientation. Please excuse ury absence. • BFN:cgw Enclosures cc: Mr. Sam VanWhy Mr. John McGraw 0 Very truly yours, Y-5•47-CA $' a B. F. Napheys III • PROPOSED AMENDMENT TO CITY OF FORT COLLINS ORDINANCE No. 40-1974 Section l.b. Definitions is amended as follows: b. "Discriminate" and "Discriminate Against"; "Discrim- inatory Reason" or "Reason of Discrimination" - Under the given circumstances, a person makes a limitation or specifi- cation as to another because of the latter person's race, color, religion, national origin, sex, or marital status or PHYSICAL HANDICAP OR because of the race, color, religion, national origin, sex, or marital status OR PHYSICAL HANDICAP of the other person's friends or associates; also these latter two terms "discriminatory reason" or "reason of discrimination" may be used hereinafter to have the following sense or meaning and at the same time save repeated use of: 'based upon or because of the race, color, religion, national origin, sex, or marital status OR PHYSICAL HANDICAP of the other person, or because of the race, color, religion, national origin, sex, or marital status OR PHYSICAL HANDICAP of such other person's friends or associates'. Further, the foregoing terms will include "age between 40 and 65" when used in the area of employ- ment under Section 3 of this ordinance. • A new Section l.k. is added as follows: k. "Physical Handicap" - means a physical impairment resulting from an anatomical or physiological condition which prevents the exercise of a normal physical bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques; except that an employer may refuse to hire, discharge, promote or demote, or may discriminate when an individual's handicap actually and significantly affects his ability to perform the duties of that job, and when the effects of such handicap cannot be ameliorated by the employer with reasonable cost and effort. • "Physical handicap" means a physical impairment resulting from an anatomical or physiological condition which prevents the exercise of a normal physical bodily function or is demon- strable by medically accepted clinical or laboratory diagnostic techniques; except that an employer may refuse to hire, dis- charge, promote or demote, or may discriminate when an in- dividual's handicap actually and significantly affects his ability to perform the duties of that job, and when the effects of such handicap cannot be ameliorated by the employer with reasonable cost and effort. House Bill No. 1173 - by Webb (Dem) et al. -District No. 8 • • ' • EXHIBIT "B" • Pronosed Amendment to the FORT COLLINS FIUMAN RIGHTS ORDINANCE Section 1. Definitions b. Further, the foregoing terms shall include "!qualified handicapned individual" as defined in § 1. k. and "Mentally restored individual' as defined in § 1. 1. when used in'the areas of housing under § 2, employment under § 3, and nublic acconol ations urn?or d 4 of this Ordinance. k. "Qualified handicapped individual' refers to a person as described below: 1. "Handicapped individual' means any person who has a physical, mental, or medical impairment from an anatomical, physiological, psychological, or neurological condition which prevents the exercise of a normal mental or physical function or is demonstrated by medically accepted clinical or laboratory diagnostic techniques: 2. In reference to employment, § 3, qualified handicapped individual means a handicapped individual as defined above who is capable of performing a narticular job, with reasonable accommodation to his handicap, at the minimum level of productivity applicable to a nonhandicapped Lincumbent% employee. 3. Throughout the Ordinance, qualified handicapned individual refers to a . person who has been, or can be, judged by a comnetent medical authority as capable of activities covered by this Ordinance without hazard to themselves or others. 1. "Mentally restored individual' is one who has exnerienod some mental or emotional difficulty, has received professional treatment either in or outside an institution and has been judged by a competent medical authority as ready to return to normal activities, including employment, without hazard to themselves or others. 0