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HomeMy WebLinkAboutHuman Relations Commission - Minutes - 01/15/19750 DATE: TO: FROM: SUBJECT T H E C I T Y February 4, 1975 O F F 'T C 0 L L i N S MEMORANDUM The Human Relations Commission John D. McGraw, Administrator for the Dept. of human Resources Minutes of a Special Meeting ❑eld January 15, 1975 to Consider the Handling of Human Rights Cases Filed Against the City I. The meeting was called to order at 7:45 p.m. by Vice -Chairman Dave Moore. 1I. Present were: Mrrnhr,ry Ann Azari Liz. Dyer Ed Ostertag_ Dave Moore Dick Yates Margaret Batson Staff: John D. McGraw, Admin. of Human Resourc, Rosi.ta Bachmann, Human Rights Officer 111. Administrative policy recommendation on cases tiled with the Human Rights Office against a City Department. A. Dave Moore introduced the nature of potentiat conflicts arising within the city administrative structure which require the im- plementation of a policy unique to the normal enforcement of the ordinance. The City is subject to the Human Rights Ordinance, therefore, it may simultaneously be enforcement administrator and respondent in a given case. Therefore, if the City is the respondent in a case and conciliation fails, the City Attorney may face himself in Court which places considerable pressure on the attorney's credabi.lity as an advncate for one side or the other. B. Two alternatives were considered: 1. That the city hirer a local nLtorney to represent the complainan L. 2. 1hat through cooperative agreement, the Civil Rights Com- mission would represent the complainant. C. Comments: 1. Rd Ostertag indicated that neither alternative was acceptable; A requires a commitment of funds from the City Council. #2 defeats the purpose of the ordinance because it places the complainant at the end of an 8 month waiting; line. 2. Dave Moore indicated non-support of the IlL,alternati.ve because it could be construed as a biased appointment. Hoapvur, he supported the second alternative under the following conditions: After the Human Rights Officer investigates, the case is turned over to the Civil Rights Commission who could ex- pedite the prosecution case if Iho majority of the re- quired investigation had taken place and was made avail- able to the Colorado Civil Lights Commission. 1. Iiick Yntes asked if the Civil Rightr; Comnnission would need to do additional investigation. 4. Dave Moore indicated that they would need only to varify and finalize the investigation done by the Human Rights Officer because her training was the same as that received by the Civil Rights Commission investigators. 5. Liz Dyer asked if the Human Rights Olficcr would be sub- poenaed if the Civil Rights Commission represented the com-. pIQ rant.. 6. Dave Moore indicated that it would be a distinct possibility. 7. Dave Moore also indicated that: the Human Relations Commi9- sion should contact the Civil Rights Commission (CRC) to determine whether or not the CRC would consider expediting; the prosecution of City cases if the City Human Rights Of- ficer does the initial. investigation. D. Vice -Chairman Moore summarized the recommendation of the group as follows: When it is alleged that the City is in violation of Ordinance #40 and the complaint has been filed by the crorplainant with the City Human Rights Officer, the Human Rights Officer shall investigate to determine the facts and if the Human Rights Officer finds prohable cause to believe that the City is in violation of the ordinance, then the officer shall atteNgt conciliation. If the Part ies c_nn not agree on an appropriate conci lia Lion, than the City sha11 request the intervention of the Civil Rights Commission and shall submit to the CRC a11information related to the case and the case shallthen become subject to the findings policy, laws and procedures of the CRC. a The members present agreed that the recommendation as stated was their general intenL. E. The group also agreed that the Executive. Commi.ltee should review Lhe recommendation, put it into final form for presentation to the HRC at its nextregular meeting. IV. Dave Moore announcer) that the issue of w0 thur or not a permanent Northern Colorado Office of the Colorado Civil Rights Comm! ssion A 11 be esLablished and selection of location, is coming; up for hearing before the Joint Budget Committee. He suggested that letters to its chairman, memhers, your rep- reserGatives and/or The Governor in support of such an office in Ft. Collins would be helpful. A temporary office is now hero, hnl. the permanent office might be located in Greeley or Southern Colorado, etc. V. The meeting was adjourned.