HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/06/2001 - SECOND READING OF ORDINANCE NO. 157, 2001, AMENDIN 11
AGENDA ITEM SUMMARY ITEM NUMBER:
FORT COLLINS CITY COUNCIL DATE: November 6,2001
STAFF: Diane Jones
SUBJECT:
Second Reading of Ordinance No. 157, 2001, Amending Sections 13-23 and 13-24 of the City Code
Concerning the Enforcement and Conciliation of Human Rights Violations.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY:
The City's Human Rights Code (Chapter 13 of the City Code)previously limited conciliation efforts by
the City Manager. The City Manager has delegated his role under the Human Rights Code to the City's
Human Rights Resource and Education Office. Conciliation is only authorized after the City Manager
makes a finding of probable cause and any conciliation effort must be completed within 90-days of the
filing of the complaint by a citizen alleging discrimination.
Ordinance No. 157,2001,which was unanimously adopted on First Reading on October 16,2001,allows
conciliation to occur at an earlier point in the complaint process(upon the filing of a complaint instead of
upon completion of the investigation and a finding of probable cause) and will remove the 90-day time
limit on reaching a conciliation.
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AGENDA ITEM SUMMARY ITEM NUMBER: 15
DATE: October 16, 2001
FORT COLLINS CITY COUNCIL STAFF:
Diane Jones
SUBJECT:
First Reading of Ordinance No. 157, 2001, Amending Sections 13-23 and 13-24 of the City Code
Concerning the Enforcement and Conciliation of Human Rights Violations.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
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EXECUTIVE SUMMARY:
The City's Human Rights Code (Chapter 13 of the City Code) currently limits conciliation efforts by the
City Manager. The City Manager has delegated his role under the Human Rights Code to the City's
Human Rights Resource and Education Office. Conciliatiosis'only authorized after the City Manager
makes a finding of probable cause and any conciliation effort must be completed within 90-days of the
filing of the complaint by a citizen alleging discrimination.
Most cases that come into the Human Rights Resource and Education Office have to do more with
miscommunication than with criminal misconduct. The current Human Rights Code assumes an
adversarial situation and usesa litigious approach. By changing the Code to allow the Human Rights
Resource and Education Office to work towards conciliation immediately after the filing of a complaint,
the dispute may be resolved more quickly and more amiably. This will save time for both parties,
contribute to a more civil community; and match with the goals of the City and the Human Rights
Resource and Education Office. Reacliing a conciliation is more important than an artificially imposed
timeline. Encouraging conciliation instead of litigation is based more on a restorative justice model and
should generate more contacts, help-more people, and give the Human Rights Resource and Education
Office, and therefore the City, a better standing in the community.
The proposed changes will allow conciliation to occur at an earlier point in the complaint process (upon
the filing ofa'6Aplaint instead(W-vPon completion of the investigation and a finding of probable cause)
and will remove the 90-day time limit on reaching a conciliation. Additionally, since it is still important
to reach a conclusion to the complaint if conciliation is not possible, a 120-day time limit from the filing
of the complaint for a probable cause determination has been added. This 120-day limit may be extended
if the investigator needs more time to complete the investigation and providing the complainant consents
to the extension. If the Human Rights Resource and Education Office does not meet this 120-dav deadline
and does not get the complainant's consent to an extension then the complaint will be deemed dismissed
with a finding of no probable cause and the complainant can appeal to the Human Relations Commission
in the same manner as would be possible if there was an actual finding of no probable cause within the
time limit. Currently, the Code does not provide a time limit for a probable cause determination, only a
90-day limit on conciliation.