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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/27/2004 - DISCUSSION OF A HUMAN RIGHTS PROTECTION ORDINANCE DATE: January 27, 2004 STUDY SESSION ITEM STAFF: John Fischbach FORT COLLINS CITY COUNCIL Diane Jones EXECUTIVE SUMMARY In a letter presented City Council, Mr. Ken Gordon, Chair of the Human Relations Commission, made the following four requests: 1. That the City Council, Human Rights Office and the HRC schedule a retreat to develop initiatives aimed at making Fort Collins more racially sensitive,more welcoming to minority cultures, and more racially inclusive. 2. That City Council work with the appropriate organizations to draft and pass a local racial profiling statute. 3. That City Council, Human Rights Office and HRC jointly sponsor a community wide diversity forum entitled,"Understanding the Nuances of Racism"to build an opportunity for those who feel Fort Collins is color blind to openly dialogue with those who know it isn't. 4. That City Council schedule a study session with the appropriate organizations to discuss and evaluate a Human Right Protection ordinance or resolution. The first three requests (noted above) are being considered by the Human Relations Commission. At its January 16 meeting,members endorsed these three requests in principle and will consider at future meetings specific wording changes and recommendations for any further action regarding these items. Regarding the fourth item(noted above),at the Council's November 18,2003 meeting,Ken Gordon presented a letter dated November 13, 2003 from the HRC recommending that the City Council "...pass an ordinance similar to the one passed in Seattle known as `An Ordinance concerning inquiries by Seattle City officers and employees into immigration status and activities designed to ascertain such status'...and implement The Human Right Protection Ordinance." (See Attachment A.) The focus of this Study Session discussion relates to determining the best course of action concerning the protection of human rights in our community. BACKGROUND At several recent Council meetings, other community members in addition to Mr. Gordon have expressed their belief that action is needed to clarify the circumstances under which inquiries about an individual's immigration status should be made by City personnel. Based on pending federal legislation (CLEAR Act — see Attachment B) and community input, representatives from Fuerza Latina and the Human Relations Commission have requested that City Council take action to January 27, 2004 Page 2 determine the need for either a resolution or a new ordinance which deals with the issues of questioning a person's immigration status. Federal legislation aside, the implications for our community are vast and reach not only toward policy and procedures, but impact the climate of the social environment. Some questions arise which will help to determine what Council will want to do. In essence, the community members who have brought the issues to City Council are asking for an accounting of police procedures, information about community practices, and for City Council to provide assurance that local public officials and employees play a limited role regarding inquiries related to person's immigration status. The following background information may help Council in determining the best course of action. Citypractices/procedures as they relate to Police activity There are current statutes that directly affect public officials(police)who deal with people to ensure that they do so without prejudice or bias. They are as follows: C.R.S. 24-31-309: Prohibits racial profiling. Profiling is defined as the practice of detaining a suspect based on race,ethnicity,age or gender without the existence of any individualized suspicion of the particular person being stopped. C.R.S. 16-3-102/103: Outlines personal protection from official harassment by police. This sets forth the principles of needing reasonable suspicion to stop and detain a person and probable cause to arrest a person. The Patriot Act,as written,has a far greater impact upon the Federal authorities than upon local law enforcement agencies. The Council Resolution regarding the Patriot Act is clear in its desire not to "water down" the Constitutional protections we are all afforded(see Attachment Q. Additionally, there are all of the federal protections from discrimination provided in the United States Constitution. This is the prevailing guidance we have lived under for many,many years. The Fort Collins Police Services certainly depends upon and defends the principles outlined in the U.S. Constitution. Since 2001 we have been training all of our personnel in the principles of non-biased based policing. Our lesson plan has been accepted by the State of Colorado,Police Officer Standards and Training Board. We continue this effort and train every officer hired to adhere to these principles. The City's Human Rights Office has been involved in the basic training of all hired officers. This is followed up with compulsory training from the department's team of trainers in diversity issues. As an agency, Police Services is committed to the principles of inclusion and acceptance, and opposes identifying racial/gender issues and exploiting them. If a citizen has a complaint of inappropriate or perceived inappropriate police behavior, they are welcome and encouraged to register a compliant in any of several ways: • Go to the police station and ask for the on-duty supervisor to discuss the incident. January 27, 2004 Page 3 • Go to the police station, request complaint forms and they will be provided; these forms are also available at the City's Human Rights Office. The citizen may call the Internal Affairs Unit to directly complain--the telephone number is in the telephone book. • Arrange an in-person discussion with our Internal Affairs Unit. • E-mail the City or the Police. • Contact the Citizens Review Board from the City's web site or call the City Manager's Office and request contact with the Board. Certainly, we are doing all we can to make this a "user friendly" process. Cards are printed in Spanish and English, explaining how to make a complaint against a police officer. Our Patrol personnel have them and our desk personnel have access to them and to our language line to facilitate a discussion about anyone's complaint. There is also a phone number on the business cards that allows for a person to anonymously call and record a concern or complaint about traffic stops and other contacts. Police Services has not and does not want to be responsible for enforcing the U.S. Immigration statutes separate and apart from other kinds of local investigations. We recognize we may not always have the option and do have legitimate occasions to ask the immigration status of a contacted person. It is an issue we must confront when we realize a crime is committed or we are seeking appropriate background information on an individual. City practices/procedures as they relate to general human rights The City has two primary policies that relate to the human rights of people living in our community. Chapter 13 of the City Code addresses Human Relations (see Attachment D). More specifically, Article 11 describes the types of discriminatory practices that are prohibited in our community related to employment, housing and public accommodations and how complaints are handled. In the definitions (Sec. 13-16. Definitions),no mention is made of a person's immigration status in relation to who is covered by the Human Relations Ordinance or who may file a complaint. This means that no one,including undocumented immigrants,is excluded from filing a formal complaint of discrimination related to employment,housing and public accommodation practices. Complaints can be filed at the Human Rights Office in Spanish as well as English. Copies of the Human Relations Ordinance are available on the City website as well as at the Human Rights Office—English and Spanish versions are available of both the electronic and hard copy documents. Resolution 2003-039 (see Attachment C) also affirms the City's opposition to terrorism and commitment to Civil Rights. Section 2 of the Resolution states"...the City reaffirms its unwavering support for the fundamental constitutionally protected civil rights and liberties of all its residents and is firmly committed to the protection of civil rights and civil liberties for all people." January 27, 2004 Page 4 Section 3 of the Resolution states ...... the City opposes any legislative measures, whether local, state,or federal which infringe upon such civil rights and liberties,or single out individuals for legal scrutiny or enforcement activity based solely on their country of origin, religion, ethnicity, or immigration status." Section 4 of the Resolution states"...the Fort Collins City Council shall communicate in writing to President George Bush, Senators Ben Nighthorse Campbell and Wayne Allard,and Representative Marilyn Musgrave its desire that they work to repeal those provisions of the USA PATRIOT Act and any and all provisions of other federal legislation and executive orders that may be found to violate the fundamental rights and liberties embodied in the United States Constitution." The policies and/or practices of human service agencies serving immigrants who are trying to get access information and services in our community The following are examples of other types of community services and how these are accessed by the public. Library Services -- staff simply ask a photo ID and proof of Colorado residency (the same documentation from everyone.) If a person resides out of state,that person is charged an out of state fee before being issued a library card. All other services are available without proof of residency. Our largest population of non-English speaking patrons is Spanish speaking. Some people who use the library are immigrants. Library staff provide brochures, some computer classes, Spanish language computer access, and a reference phone line in Spanish for their library use. Recreation Services --documentation is not required to register for recreation services. Recreation staff does require documentation if a person is applying for reduced or waived fees. Utility Services--no documentation is required of community members requesting utility services. Community Health &Human Services to Immigrant Community Members -- most of the services provided by the County departments of Human and Social Services are actually federal programs and each program sets eligibility regarding immigrants. The County's role is to accept and process applications for benefits for which they might be eligible. In a few cases (TANF/welfare and Medicaid), states, at their own expense, can extend services to people who are typically ineligible because of the federal rules. Colorado has not done so (due to funding shortfalls) and therefore the federal rules apply. A formal statement may address citizens' concerns and help reinforce current policies and practices Such a statement could be in the form of a Resolution or an Ordinance. If the Council wishes to further address the concerns that have been expressed, adoption of a Council resolution,rather than an ordinance, would be the most appropriate way for the Council to state its position with regard to this issue. This is because resolutions are used when Council wishes to take a policy position. This is especially true with regard to administrative matters such as the manner in which police officers and other City employees go about their day-to-day duties. Ordinances are more appropriately used for enacting laws that affect the general citizenry or for situations where violations of the policy should be punished as criminal offenses. January 27, 2004 Page 5 Here, the intent seems to be that Council take a policy position with regard to the extent to which local law enforcement personnel should be involved in enforcing federal immigration laws, as well as the City's overall approach to dealing with persons who have immigrated to this country,whether legally or illegally. Consequently, staff believes a resolution is more appropriate. (See Attachment E.) GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED In keeping with the Council's policy guidelines for initiating work on an ordinance or resolution(see Attachment F—Resolution 2003-117),staff is seeking direction from City Council on the following questions: 1. Does Council believe that either an ordinance or resolution is appropriate to address citizen concerns and help reinforce our current practices? 2. If so, what should the ordinance or resolution say? Mayor Martinez and Mayor Pro Tern Bertschy have recommended a resolution which would include provisions stating that the City should: a. Respect the human rights of all people b. Not engage in racial profiling c. Inquire about immigration status only in conjunction with other normal,legally permissible investigations or activities, and d. Work with City boards and commissions and other agencies to help community members who believe their civil rights have been violated by the City of Fort Collins or others have appropriate recourse. 3. If Council directs staff to work on a resolution or ordinance, who else should be involved (e.g., the Human Relations Commission)? ATTACHMENTS Attachment A: Letter from Ken Gordon, HRC Chair with attached draft ordinance Attachment B: Memorandum regarding the proposed CLEAR Act Attachment C: Resolution 2003-039 Affirming the City's Opposition to Terrorism and Commitment to Civil Rights Attachment D: City Code, Chapter 13 Human Relations Attachment E: Ordinances and Resolutions—a description Attachment F: Resolution 2003-117 Initiating and Developing Council Resolutions and Ordinances Attachment G: HRC Minutes for October 9, 2003 Attachment H: HRC Minutes for November 13, 2003 Attachment I: HRC Minutes for December 11, 2003 Attachment J: HRC Minutes for January 8, 2004 Attachment K: HRC Minutes for January 16, 2004 ATTACHMENT A ��V1,;►�+rt'' a November 3, 2003 Ken Jt;ordoo,Jr.- s Mary, .Go'u= . viCC Chair Honorable Ray Martinez and Council Members Fort Collins Co 80524 ";;1�lmtierly Clouser` ��{ q G omn �y Klepac " F Dear Mayor Martinez and Council Members: With this letter, the Human Relations Commission recommends that Fort Collins City Council pass an ordinance similar to the one passed in Seattle ,yr known as "An Ordinance concerning inquiries by Seattle City officers and employees into immigration status and activities designed to ascertain { Y" such status..." The Human Relations Commission recommends that 614 >a " Council implement The Human Rights Protection Ordinance. ,�W �l`>iiara •� The Human Rights Protection Ordinance will protect all residents of Fort W. Collins,regardless of race ethnicity,g or immigration status, from inquiries about their immigration status b city employees. !� Y h' An amendment to the Immigration and Nationality Act in 1996 allowed the Attorney General to enter into a written agreement with a state or local government under which local law enforcement officers could perform the functions of an immigration officer. The USA Patriot act,passed in the wake of 9/11 undermines several of our basic civil liberties. One component of the Patriot Act is that it encourages the Police/INS connection. Municipalities have the option to enter into a memorandum agreement with the INS so that local police forces would have the legal authority to enforce federal civil immigration laws. Police would have the authority to ask for documentation materials of people who look like they might be immigrants. This is not an appropriate job of the police, and would undermine the relationship that our police department has with the rest of our community, especially with people of color. The Human Rights Protection Ordinance would prohibit • Fort Collins from entering into such an agreement with the INS. r This ordinance is in complete compliance with all federal legislation. This ordinance will help build community in Fort Collins by promoting positive interactions, and decreasing the likelihood of racial profiling. This ordinance has nothing to do with the liberalization of immigration laws, nor does it support illegal behavior. We believe that immigration issues are solely the job of the INS. Police are not trained for this type of work, and this is not something they could reasonably incorporate in their already overburdened workload. A number of other jurisdictions in the United States have passed similar ordinances, with great success. Fort Collins passed resolution 2001-117, in September of 2001, "Supporting the City of Character Initiative". Several of those character traits, such as compassion and tolerance are consistent with the passage of the Human Rights Protection Ordinance, in that it upholds these traits. The Human Rights Protection Ordinance would keep our city safe, as people would feel free to report crimes or obtain the services they are entitled to without the fear of deportation or unnecessary questioning. In cases of domestic violence this is a particularly important issue. Fort Collins has long been a city that respects the diversity among all of its residents. The Human Rights Protection Ordinance would reinforce that trait. Sinc ly, . Gordo , r. Chair cc: City Manager John F. Fischbach Encl: Seattle City Ordinance New York City Charter Amendment • Purpose and policy statement. This chapter clarifies the communication and enforcement relationship between the city and the United States Department of Homeland Security and other federal agencies with respect to the enforcement of civil immigration laws.The city works cooperatively with the Homeland Security, as it does with all state and federal agencies,but the city does not operate its programs for the purpose of enforcing federal immigration laws.The Homeland Security has the legal authority to enforce immigration laws in the United States,in Colorado and in the city.This chapter ordinance shall be the only regulation within the city on this subject matter,and it shall supersede all conflicting policies,ordinances, rules,procedures and practices. ORDINANCE AN ORDINANCE concerning inquiries by Fort Collins officers and employees into immigration status, and activities designed to ascertain such status. WHEREAS,Fort Collins is a City of Character as defined in Municipal Resolution 2001-117; WHEREAS, the traits valued by the City of Fort Collins include the traits of compassion, thrift, acceptance and tolerance; WHEREAS, Fort Collins is a city striving to respect the rights of and provide equal services to all individuals regardless of race, ethnicity, or immigration status; and WHEREAS,the September 11, 2001 attacks on the World Trade Center and the Pentagon have • left immigrant communities afraid to access benefits to which they are entitled, for fear of being reported to the United States Immigration and Customs Enforcement(formerly INS); and WHEREAS, a number of other jurisdictions in the United States have enacted policies or laws recognizing that their officers and employees should play a limited role with respect to matters relating to immigration status; and WHEREAS,This ordinance is consistent with federal laws regarding localities' responsibilities to cooperate with federal immigration authorities; and WHEREAS, this ordinance is not intended to interfere with the enforcement of laws; and WHEREAS,this ordinance is an effective way to guide city officials and employees to adhere to federal law while helping to protect the safety and health of all members of our community. NOW, THEREFORE, BE IT ORDAINDED BY THE CITY OF FORT COLLINS AS FOLLOWS: No City officer or employee shall inquire into the immigration status of any person, or engage in activities designed to ascertain the immigration status of any person. • (a) To the extent permitted by law,in determining eligibility for,and providing city services,all city employees,representatives and contractors shall be governed by the following requirements: (1) City employees are to carry out their regular duties for the purpose of administering general city services and programs. Employees may complete I-9 forms,may question a person regarding the I-9 form and documents supporting the I-9 form,and may allow Homeland Security to audit the I-9 forms as allowed by law. Employees shall comply with any properly issued subpoena for the production of documents or witnesses,even if related to immigration issues or issues of the Homeland Security. (2) City employees shall follow general city, state and federal guidelines to assess eligibility for services. City employees shall only solicit immigration information or inquire about immigration status when specifically required to do so by law or program guidelines as a condition of eligibility for the service sought. City employees may require evidence of a person's identity and may ask to see a person's personal identifying documents only when specifically authorized and required to do so by the employee's work duties. City employees shall not discriminate against any current or potential service users on the basis of immigration status. (3) Other than complying with lawful subpoenas,city employees and representatives shall not use city resources or personnel solely for the purpose of detecting or apprehending persons whose only violation of law is or may be being undocumented,being out of status,or illegally residing in the United States (collectively"undocumented'). (4)Where presentation of a Colorado drivers license is customarily accepted as adequate evidence of identity,presentation of a photo identity document issued by the person's nation of origin, such as a drivers license,passport,or matricula consular (consulate-issued document) shall be accepted and shall not subject the person to a higher level of scrutiny or different treatment than if the person had provided a Colorado drivers license.This paragraph does not apply to I-9 forms. (b) City attorney's office employees may investigate and inquire about immigration status when relevant to potential or actual civil litigation or an administrative proceeding. (c) City employees shall not undertake any law enforcement action for the purpose of detecting the presence of undocumented persons, or to verify immigration status,including but not limited to questioning any person or persons about their immigration status. City employees shall not question,arrest or detain any person for violations of federal civil immigration laws except when immigration status is an element of the crime. (d) City attorneys office- criminal division employees shall be permitted to: i. Inform persons of the possible immigration consequences of a guilty plea. ii. Question and conduct cross-examination of a witness or defendant regarding • immigration status. iii. Inquire about immigration status for purposes of bail or conditional release. iv. Investigate and inquire about immigration status when relevant to the potential or actual prosecution of the case or when immigration status is an element of the crime. V. Take immigration status and collateral effects of possible deportation into consideration during discussions held for the purpose of case resolution. (e) Nothing in this chapter shall prohibit public safety personnel from assisting federal law enforcement officers in the investigation of criminal activity involving individuals present in the United States who may also be in violation of federal civil immigration laws. (0 All such use of city employees under (c) and (e) shall be documented,including any applicable Department of Homeland Security mission statement and operational guidelines, the reason for the dispatch of personnel, the name of the homeland security agent in charge,and the name of the officer authorizing the use of city personnel. This documentation shall be filed with the Human Rights Office and copied to the City Attorney's office. • • ATTACHMENT B • MEMORANDUM DATE: November 18, 2003 TO: Mayor and City Councilmembers FROM: Karen Stevens, Assistant City Attorney THRU: Steve Roy, City Attorney RE: CLEAR Act ISSUES: 1. Whether the CLEAR Act, if enacted, would require local police to enforce federal immigration laws. 2. Whether there are state or local laws presently in place that help protect the civil rights of illegal immigrants. • BOTTOM LINE: 1. No. The CLEAR Act, as currently drafted, merely reaffirms the authority of state and local governments to enforce federal immigration laws. It would, however, penalize a local government's failure to enforce such laws by withholding federal funds that would otherwise be available to defray the costs of incarcerating such persons. 2. Yes, there are state laws in place that help guard against racial profiling and other forms of potential harassment of illegal immigrants. BACKGROUND: Recently,the Mayor received a letter from Ms. Kim Salinas,a copy of which is attached for your reference, concerning a bill that is being considered by the United States Congress, the Clear Law Enforcement for Criminal Alien Removal Act of 2003 ("CLEAR Act"). If it becomes law,the CLEAR Act would provide incentives to state and local police officers to enforce federal immigration laws. On behalf of a coalition of individuals concerned with the protection of human and civil rights of immigrants, Ms.Salinas has requested that the City Council pass an ordinance to prevent local law enforcement authorities from questioning • individuals about their immigration status. ANALYSIS: As proposed,the first section of the CLEAR Act merely reaffirms the general principle that state and local law enforcement personnel are authorized to investigate,apprehend,detain and remove aliens in the enforcement of the federal immigration laws. Notwithstanding the permissive nature of that language, the legislation provides an incentive for cooperation:the withholding of federal funds. Specifically,Section 102 of the CLEAR Act, as currently drafted, states that any local government"that fails to have in effect a statute that expressly authorizes law enforcement officers of . . . a political subdivision . . . to enforce Federal immigration laws in the course of carrying out the officer's law enforcement duties shall not receive any of the funds that would otherwise be allocated to the State under section 241(i)of the Immigration and Nationality Act(8 U.S.C. § 1231(i))." Section 241(i) provides compensation t o state a nd I ocal governments for the incarceration of undocumented criminal aliens. It is noteworthy that, in Larimer County, costs of incarceration are incurred by Larimer County rather than the City, so the withholding of such funds would be of no direct financial consequence to the City. As noted above, Ms. Salinas and others have proposed that an ordinance be adopted by the City which would prohibit City employees from enforcing federal immigration laws or inquiring about a person's immigration status except under very limited circumstances. The purpose of the ordinance would be to protect the civil rights of all individuals, regardless of race,ethnicity, or immigration status and to ensure such persons'access to governmental services without fear of retribution. The Mayor has inquired as to whether there are existing laws that afford civil rights protection for illegal immigrants. Currently, residents are protected by a variety of state laws. Probably most germane to this topic is C.R.S. §24-31-309,which prohibits"racial profiling"by police officers. C.R.S. §24-31-309(3). "Profiling"is defined as"the practice of detaining a suspect based on race, ethnicity, age or gender without the existence of any individualized suspicion of the particular person being stopped." C.R.S. § 24-31-309(2). In addition to this law,other Colorado statutes protect individuals from being"harassed" by law enforcement personnel. A police officer may only arrest an individual if: (1) he has a warrant for his/her arrest; (2)the person commits a crime in the officer's presence; or (3) the officer has probable cause to believe that a crime was committed by the person being arrested. C.R.S. § 16-3-102. Similarly, officers may only detain individuals upon "reasonable suspicion" that the individual is committing, has committed or is about to commit a crime. C.R.S. § 16-3-103. KSS/SJR:med pc: John Fischbach, City Manager Dennis Harrison, Police Chief ATTACHMENT C • RESOLUTION 2003-039 OF THE COUNCIL OF THE CITY OF FORT COLLINS AFFIRMING THE CITY'S OPPOSITION TO TERRORISM AND COMMITMENT TO CIVIL RIGHTS WHEREAS,the United States Congress passed the USA Patriot Act(PL 107-56)on October 26, 2001, following the horrific attacks on America of September 11, 2001; and WHEREAS, the City of Fort Collins (the "City") denounces terrorism, and acknowledges that federal, state and local governments have a responsibility to protect the public from terrorist attacks; and WHEREAS, it is imperative that a legislative response to the terrorist attacks be rational, deliberative and lawful, so as to ensure that any new security measures established by such legislation enhance public safety without impairing constitutional rights or infringing upon civil liberties; and WHEREAS, the provisions of the USA PATRIOT Act expand the authority of the federal government to detain and investigate citizens and non-citizens and engage in electronic surveillance of citizens and non-citizens; and • WHEREAS,the Bill of Rights of the United States Constitution guarantees all people living in the City of Fort Collins freedom of speech,assembly and privacy,equality before the law and the presumption of innocence,access to counsel and due process in judicial proceedings,and protection from unreasonable searches and seizures; and WHEREAS,the preservation of civil rights and civil liberties is essential to the well-being of any democracy; and WHEREAS, this is particularly true during times of conflict when such rights and liberties, especially those of immigrants and ethnic minorities, may be threatened, intentionally or unintentionally, in the interest of national security or patriotic zeal; and WHEREAS,law enforcement and security measures that undermine fundamental rights do irreparable damage to the American institutions and the values of equal justice and freedom that the residents of the City hold dear. NOW, THEREFORE, BE rI RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City supports the right of the government of the United States of America to take rational,deliberate, and lawful actions against global terrorism, and also reaffirms its commitment that such campaign not be waged at the expense of essential civil rights and liberties • of the people of the United States. Section 2. That the City reaffirms its unwavering support for the fundamental, constitutionally protected civil rights and liberties of all its residents and is firmly committed to the protection of civil rights and civil liberties for all people. Section3. That the City opposes any legislative measures,whetherlocal, state or federal, which infringe upon such civil rights and liberties, or single out individuals for legal scrutiny or enforcement activity based solely on their country of origin, religion, ethnicity or immigration status. Section 4. That the Fort Collins City Council shall communicate in writing to President George Bush, Senators Ben Nighthorse Campbell and Wayne Allard, and Representative Marilyn Musgrave its desire that they work to repeal those provisions of the USA PATRIOT Act and any and all provisions of other federal legislation and executive orders that may be found to violate the fundamental rights and liberties embodied in the United States Constitution. Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins held this 25th day of March, A.D. 2003 with Councilmembers William Bertschy,Eric Hamrick,David Roy, and Marty Tharp voting in favor of adoption and Councilmembers Kurt Kastein and Karen Weitkunat, and Mayor Ray Martinez voting against adoption of the Resolutim Mayor ATTEST: City Clerk ` ATTACHMENT D • Fort Collins Municipal Code and Charter TABLE OF CONTENTS CHAPTER 13 HUMAN RELATIONS Articles: • I. In General Reserved 11. Discrimination Sec. 13-16 Definitions Sec. 13-17 Discriminatory employment practices prohibited Sec. 13-18 Discriminatory housing practices prohibited; exemptions Sec. 1 3-19 Discriminatory public accommodation practices prohibited Sec-13-30 Interference with operation of regulations prohibited Sec. 13-21 Appointment of enforcing official Sec. 13-22 Complaint Sec._13-23 Investigation by City Manager; appeal • Sec. 13-24 Conciliation Sec. 13-25 Commencement of action in Municipal Court Colorado Code Publishing Company - Fort Collins Municipal Code and Charter- Chapter...Page 2 of I 1 ARTICLE 1. IN GENERAL mpt Secs. 13-1-13-15. Reserved. ARTICLE II. DISCRIMINATION* to Sec. 13-16. Definitions. tM1 The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: City Manager shall mean the chief administrative official of the city, including any person appointed or designated by the City Manager to carry out any or all of the duties, obligations, rights and powers appointed to the City Manager under this Article. Complainant shall mean the person filing a formal charge or accusation of violation of this Article. Disabled individual shall mean any person who has a physical or mental impairment that substantially limits one (1)or more of the major life activities of such person, has a record of such an impairment, or is regarded as having such an impairment. In reference to employment, disabled individual means a disabled individual as defined herein who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. Discriminate and discriminate against, discriminatory reason or reason of discrimination shall mean under the given circumstances, a person makes a limitation or specification as to another because of the latter person's race, color, religion, national origin, sex or marital status or because of the race, color, religion,national origin, sex or marital status of the other person's friends or associates. The term discriminatory reason or reason of discrimination may be used to have the following sense or meaning and at the same time save repeated use of the term based upon or because of the race, color, religion, national origin, sex or marital status of the other person, or because of the race, color, religion, national origin, sex or marital status of such other person's friends or associates. The foregoing terms will include the phrase age between forty (40) and seventy (70) when used in the area of employment under § 13-17. The foregoing shall include discrimination against a disabled individual, as defined herein, when used in the areas of housing under § 13-18, employment under § 13-17 and public accommodations under § 13-19 of the Code. Employer shall mean any person employing any person in any capacity other than domestic service in the employer's own home. Employment shall mean any character of service rendered or to be rendered for wages, salary, commission or other form of remuneration, and to use or engage any character of service rendered or to be rendered for wages, salary, commission or other form of remuneration. http://www.colocode.com/ftcollins/municipal/chapterl3.htm 1/21/04 Colorado Code Publishing Company - Fort Collins Municipal Code and Charter - Chapter... Page 3 of 1 I Employment agency shall mean any person undertaking, with or without compensation, to procure employees or opportunities to work for any person or holding itself out as equipped to • do so. Person shall mean any individual, group, association, corporation,joint apprenticeship, committee,joint stock company, labor union, legal representative, mutual company, partnership, receiver, trustee or unincorporated organization or other legal, commercial or governmental entity but shall not include an agency or school district of the State of Colorado or an agency of the United States of America. Place ofpublic accommodations shall mean any place of business engaged in any sales to the general public and any place that offers services, facilities, privileges or advantages to the general public or that receives financial support through solicitation of the general public or through governmental subsidy of any kind. Real estate transaction shall mean the sale, exchange, rental or lease of any real property and also includes offering or listing of any real property for sale, exchange, rental or lease. Respondent shall mean the person being formally charged with a violation of this Article. (Code 1972, § 45-1; Ord. No. 105, 1988, § 1, 8-16-88; Ord. 126, 2002, §§ 1,2, 9-17-02) Cross reference—Definitions and rules of construction generally, § 1-2. • Sec. 13-17. Discriminatory employment practices prohibited. to (a) It is a discriminatory employment practice and a violation of this Section for: (1) Any employer, because of discriminatory reason, to refuse to hire another or otherwise to discriminate against any person with respect to the hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment except where based upon a bona fide occupational qualification; (2) Any employment agency to fail or refuse to classify property, refer for employment or otherwise to discriminate against any person relating to employment or prospective employment; (3) Any labor organization to discriminate against any person or to limit, segregate or qualify its membership in any way which would tend to deprive any person of employment opportunities or would limit the employment opportunities or otherwise adversely affect the status as an employee or as an applicant for employment or would adversely affect the wages, hours or employment terms, conditions or privileges because of a discriminatory reason; (4) Any person to use a threat communicated either by physical, oral or written means of harm or injury to another person, reputation or property to coerce such a person to not accept or discontinue employment; • (5)Any person seeking employment to publish or cause to be published any advertisement for employment with specification or limitation based upon a http://www.colocode.com/ftcollins/municipal/chapterl3.htm 1/21/04 Colorado Code Publishing Company - Fort Collins Municipal Code and Charter- Chapter...Page 4 of 11 discriminatory reason. (b) Except where based on a bona fide occupational qualification, it is a discriminatory employment practice for any employer, employment agency or labor organization prior to employment or admission to membership to: (1) Elicit any information for the purpose of discrimination against any applicant for employment or membership; (2) Make or keep a record for the purpose of discrimination against any applicant for employment or membership; (3)Use any form of application for employment or personnel or membership blank seeking to elicit information for the purpose of discrimination; (4) Print or publish or cause to be printed or published any notice or advertisement relating to employment or membership indicating any preference, limitation or specification based on a discriminatory reason; (5) Establish, announce or follow a policy of denying or limiting through a quota system or otherwise employment or membership opportunities of any group because of a discriminatory reason; (6) Utilize in the recruitment or hiring of individuals any employment agency, placement service, training school or center, labor organization or any other employee referring service known by such person to discriminate; (7) Intentionally utilize in the recruitment, hiring, upgrading or promotion of any person any test which tends to discriminate; provided, however, that it shall not be a discriminatory practice to have programs which provide opportunities for persons who have been the traditional targets of discrimination or to use a form or make a record of inquiry as above described for the purpose of required governmental reporting. This subsection shall not be construed to prohibit a person giving or being required to give the person's name. (c) The provisions of this Section shall not apply to prohibit a religious organization or institution from restricting employment opportunities and advertising such restrictions so as to give preference to members of its own religion or denomination or to make such selection as is reasonably calculated by such organization or institution to promote the religious principles for which it is established or maintained. (Code 1972, § 45-3; Ord.No. 105, 1988, §§ 2, 3, 8-16-88) Cross references—The Commission on Disability, § 2-166 et seq.; Commission on the Status of Women, § 2-181 et seq.; Human Relations Commission, § 2-261 et seq. Sec. 13-18. Discriminatory housing practices prohibited; exemptions. to (a)No person for any reason of discrimination shall: http://www.colocode.com/flcollins/municipal/chaptert 3.htm 1/21/04 Colorado Code Publishing Company - Fort Collins Municipal Code and Charter- Chapter...Page 5 of I I (1) Refuse to negotiate for and/or engage in a real estate transaction with another person; • (2) Discriminate against another person in the terms, conditions or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith; (3) Refuse to receive from or fail to transmit to another person a bona fide offer to engage in a real estate transaction; (4) Represent to another person that any real property is not available for inspection or for a real estate transaction when in fact it is available; (5) Fail, in the ordinary course of business, to bring a property listing to another person's attention or to refuse to permit him to inspect real property under reasonable conditions. (b) No person shall: (1) Publish or advertise, directly or indirectly, an intent to make a limitation or specification based on a discriminatory reason; (2) Use a form of application for a real estate transaction, or make a record of inquiry in connection with a real estate transaction, for the purpose of making a limitation or specification based on a discriminatory reason. It shall not be a discriminatory practice to have programs which provide opportunities for persons who have been the traditional targets of discrimination or to use a form or make a record of inquiry as above described • for the purpose of required governmental reporting. This subsection shall not be construed so as to prohibit a person giving or being required to give the person's name; (3) Offer, solicit, accept, use or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction, or in the furnishing of facilities or services in connection therewith; (4) Initiate, instigate or participate in representations, advertisements or contacts within a block, neighborhood or area designed to promote real estate transactions therein on the implication directly or indirectly that changes have occurred or will or may occur in the composition thereof with respect to discrimination against the owners or occupants, or that such changes will or may result in lowering of property values or an increase in criminal or antisocial behavior or decline in the quality of schools in the block, neighborhood or area. (c) A person or a representative of such person to whom application is made for financial assistance in connection with a real estate transaction, or for the construction, rehabilitation, repair, maintenance or improvement of real property, shall not: (1) Discriminate against the applicant; (2) Use a form of application for financial assistance or make or keep a record of inquiry in connection with applications for financial assistance, for the purpose of making a • limitation or specification based on a discriminatory reason. It shall not be a discriminatory practice to have programs which provide opportunities for persons who have been the traditional targets of discrimination or to use a form or make a record of http://www.colocode.com/ftcollins/municipal/chapterl 3.htm 1/21/04 Colorado Code Publishing Company - Fort Collins Municipal Code and Charter - Chapter...Page 6 of I 1 inquiry as above described for the purpose of required governmental reporting. This subsection shall not be construed so as to prohibit a person giving or being required to give the person's name. (d)No person for a reason of discrimination shall: (1) Provide unequal terms, conditions, privileges and services to another person in regard to real estate ownership, rental or leasing; (2)Use a threat communicated either by physical, oral or written means of harm or injury to another person, reputation or property to coerce such person to not buy, rent or lease, or to discontinue ownership, rental or leasing real estate. (e) The following exemptions shall apply to the provisions of this Section: (1) The owner of an owner-occupied single-family or two-family dwelling or housing facility may restrict occupancy of such facility on the basis of the sex of the proposed occupant, and such owner or authorized agent can effectuate said restrictions by advertising or otherwise arranging for the occupancy of the dwelling. (2)A religious organization or institution may restrict its facilities or housing which are operated in connection with its religious activities and may advertise such restrictions so as to give preference to members of its own religion or denomination or to make such selection as is reasonably calculated by such organization or institution to promote the religious principles for which it is established or maintained. (Code 1972, § 45-2; Ord.No. 105, 1988, § 4, 8-16-88) Cross references—The Commission on Disability, § 2-166 et seq.; Commission on the Status of Women, § 2-181 et seq.; Human Relations Commission, § 2-261 et seq. Sec. 13-19. Discriminatory public accommodation practices prohibited. topJ (a) It shall be prohibited as a discriminatory practice for any person to: (1) Deny or limit access to a place of public accommodation or provide unequal terms, conditions or privileges to a person because of a discriminatory reason; (2) Use a threat communicated either by physical, oral or written means of harm or injury to another person,reputation or property to coerce such person to not utilize a place of public accommodation; (3) Advertise or cause to be advertised a place of public accommodation as being restricted on the basis of discriminatory reason. (b) The provisions of this Section shall not apply to prohibit a religious organization or institution from restricting the use of its facilities and advertising such restrictions,thereby discriminating against certain persons so as to give preference to members of its own religion or denomination or to make such selection as is reasonably calculated by such organization or institution to promote the religious principles for which it is established or maintained. http://www.colocode.com/ftcollins/municipal/chapterl3.htm 1/21/04 Colorado Code Publishing Company - Fort Collins Municipal Code and Charter - Chapter...Page 7 of 11 (c) Notwithstanding any other provisions of this Section, it is not a discriminatory practice for a person to restrict admission to a place of public accommodation to individuals of one sex if such • restriction has a bona fide relationship to the goods, services, facilities, privileges, advantages or accommodations of such place of public accommodation. (Code 1972, § 45-4; Ord. No. 105, 1988, §§ 5, 6, 8-16-88; Ord. No. 42, 1990, § 1, 5-1-90) Cross references—The Commission on Disability, § 2-166 et seq.; Commission on the Status of Women, § 2-181 et seq.; Human Relations Commission, § 2-261 et seq. Sec. 13-20. Interference with operation of regulations prohibited. tops (a) No person shall: (1) Use a threat communicated either by physical, oral or written means of harm or injury to another person, reputation or property or discriminate against any person or provide unequal terms, conditions or privileges because that person has entered into a conciliation agreement under this Article or because such other person has opposed a discriminatory practice or because such person has made a charge, filed a complaint, testified, assisted or participated in an investigation, proceedings or hearing before anybody charged by law with the duty to hear complaints relating to problems of discrimination; (2) Use a threat communicated by physical, oral or written means of harm or injury to another person, reputation or property to coerce such person to engage in a discriminatory • practice or other violation of this Article; (3) Willfully obstruct, hinder or interfere with the performance or the proper exercise of a duty, obligation, right or power by the City Manager, the Municipal Court or any other official or body with duties, obligations, rights and powers under this Article. (b) A complaint for a violation of this Section shall be processed in accordance with §§ 13-22 through 13-25. (Code 1972, § 45-5) Cross references—The Commission on Disability, § 2-166 et seq.; Commission on the Status of Women, § 2-181 et seq. Sec. 13-21. Appointment of enforcing official. two A person may be appointed or designated by the City Manager to carry out any or all of the duties, obligations, rights or powers under the provisions of this Article. Such appointee shall have such job titles as designated by the City Manager. (Code 1972, § 45-6) • Sec. 13-22. Complaint. toot (a) Any person claiming to be aggrieved by a violation of this Article may, within sixty (60) days of the alleged violation, or thirty (30) days after any complaint concerning the same matter has http://www.colocode.com/ftcollins/municipal/chaptert 3.htm 1/21/04 Colorado Code Publishing Company - Fort Collins Municipal Code and Charter- Chapter...Page 8 of 11 been dismissed by another agency without a final judgment on the merits, whichever shall last occur, file a written complaint under oath with the City Manager. The complaint shall contain the name of the alleged violator, or set forth facts sufficient to identify such person, and include an outline of the material facts upon which the complaint is based and the date of the alleged violation. In addition, the complaint shall state, if and as applicable, that any acts or conduct of the complainant were for the purpose of accomplishing the real estate transaction, employment objective or public accommodation use in question, and not for the purpose of harassment or entrapment of the person against whom the complaint is made. (b) The complaint must state: (1) Whether or not a complaint concerning this same matter has been filed with another agency; (2) Whether any complaint concerning this same matter that has been filed with another agency has been dismissed without a final judgment on the merits. (c)Upon receiving a complaint which conforms to the requirements of this Section, the City Manager may proceed with a local investigation pursuant to this Article. In the alternative, the City Manager may request that the complaint be investigated, conciliated and fully determined by the State of Colorado in accordance with the provisions of Title 24, Article 34, Parts 3 through 7, C.R.S. If the City Manager's request is accepted by the state or if a complaint concerning the same subject matter has been previously filed by the complainant with the Colorado Civil Rights Commission or another public agency,the City Manager shall hold the city's investigation in abeyance pending further action by the commission or other agency. If such other agency makes a final judgment on the merits, the City Manager shall dismiss the complaint filed with the city. If such other agency dismisses the complaint without a final judgment on the merits or waives jurisdiction, the City Manager shall proceed with an investigation pursuant to the provisions of§ 13-23. In any event, the City Manager shall furnish a copy of the complaint to the respondent within ten (10) days after the complaint is filed with the city. (Code 1972, § 45-7(A); Ord. No. 42, 1990, §§ 2, 3, 5-1-90) See. 13-23. Investigation by City Manager; appeal. tops (a) The City Manager shall promptly conduct a preliminary investigation to determine whether the factual allegations of the complaint constitute probable cause to believe that there has been a violation of this Article. The City Manager shall render a probable cause determination within one hundred twenty (120) days from the date of the city's receipt of the initial complaint, or, in the event the matter has been submitted for review by another agency, the date of the city's receipt of notice from such other agency that the complaint has been dismissed without final judgment on the merits or that such agency has waived jurisdiction over the complaint. This time limit may be extended by the City Manager with the consent of the complainant. In the event that the City Manager does not render the probable cause determination within the time limit and has not obtained consent for an extension, the complainant may consider the complaint as having been dismissed with a finding of no probable cause, and the complainant may commence an appeal as provided in Subsection (b) of this Section. (b) If at any time the City Manager determines that the factual allegations of a complaint are http://www.colocode.com/ftcollins/municipal/chapterl3.htm 1/21/04 Colorado Code Publishing Company - Fort Collins Municipal Code and Charter - Chapter...Page 9 of I I materially untrue, or, if true, that a violation under this Article cannot be established, he or she shall dismiss the complaint and notify the complainant and the respondent of such action, which • notice shall inform the complainant of the following right of appeal. If the complainant is dissatisfied with the City Manager's decision to dismiss the complaint, the complainant shall have the right to appeal such decision to the Human Relations Commission. Any such appeal shall be filed in writing with the City Manager within thirty (30) days of the complainant's receipt of the notice of dismissal. Within ten (10) days of the City Manager's receipt of the notice of appeal, the City Manager shall notify the complainant of a date, time and place when the appeal will be heard by the Human Relations Commission, which date shall be no more than fifty (50) days subsequent to the City Manager's receipt of the notice of appeal. The Human Relations Commission shall conduct a hearing on the allegations in the complaint. The Human Relations Commission may adopt additional procedures for conducting the appeal process, providing such procedures do not conflict with the provisions of this Subsection or with any other provision of the Code or Charter. If the Human Relations Commission upholds the City Manager's decision, the complainant may seek judicial review of the decision of the Human Relations Commission in the District Court in accordance with the Colorado Rules of Civil Procedure, Rule 106(A)(4). Such review must be sought not later than thirty (30) days after the date of the decision of the Human Relations Commission. If either the Human Relations Commission or the District Court reverses the decision of the City Manager, the City Manager shall pursue the complaint in the same manner as if the City Manager had found the allegations to be materially true and sufficient to establish a violation. (Code 1972, § 45-7(B); Ord. No. 105, 1988, § 7, 8-16-88; Ord. No. 157, 2001, § 1, 11-6-01; Ord. No. 208, 2001, 12-18-01) • Cross reference—Human Relations Commission, § 2-261. Sec. 13-24. Conciliation. toot (a) After the filing of a complaint, the City Manager may endeavor to eliminate the alleged violation by conference, conciliation and persuasion. The City Manager is authorized to work toward conciliation agreements whereunder the alleged violation is eliminated and the complaining person is made whole to the extent possible. (b) Neither the complaint nor information gathered in the investigation shall be made public by the city or any officer, employee, board or commission thereof prior to the time a conciliation is reached or the City Manager determines that he or she is unable to effectuate a conciliation, unless the disclosure is made in connection with the conduct of the investigation or at a public hearing held pursuant to § 13-23(b), above. (c) If such an agreement is reached, it will be signed by the complainant and the respondent. The agreement shall provide for specific performance. It will not be necessary for the agreement to contain a declaration or finding that a violation has in fact occurred. It may provide for the dismissal of the complaint without prejudice. The complainant and respondent shall be furnished a copy of the agreement. The terms of such an agreement may be made public, but no other information relating to any complaint, its investigation and disposition will be disclosed or made public by the city or any officer, employee, board or commission thereof without the consent of • the complainant and the respondent. (Code 1972, § 45-7(c), (d); Ord. No. 105, 1988, § 7, 8-16-88; Ord. No. 42, 1990, §§ 4, 5, 5-1-90; Ord. http://www.colocode.com/ftcollins/municipal/chapterl3.htm 1/21/04 Colorado Code Publishing Company - Fort Collins Municipal Code and Charter- Chap... Page 10 of 11 No. 157, 2001, §2, 11-6-01) Sec. 13-25. Commencement of action in Municipal Court. tui (a) In the event of a finding of probable cause, either by the City Manager in the first instance or upon review by the Human Relations Commission or the District Court, and in the further event that the City Manager is unable to effectuate an agreement through conference, conciliation or persuasion within the period of time described in § 13-24(d), the City Manager shall review all available information to determine whether the intent and purpose of this Article would be served by the filing of a complaint in Municipal Court. If so determined, the City Manager shall file a complaint in Municipal Court alleging a violation of the provisions of this Article. The matter shall thereafter be prosecuted by the city, and the complainant shall be subpoenaed to appear and testify at such court proceeding. Any disclosure or statements made by the person charged during the course of conciliation efforts under this Article will not be used as evidence in such court proceeding. Upon conviction, a violation of the provisions of this Article shall be punishable by fine or imprisonment as stated in § I-15 of this Code. (b)Nothing herein shall preclude the Municipal Court, upon stipulation between the city and the defendant, from entering an order of deferred prosecution or judgment for such period of time as deemed proper by the Court, upon certain conditions, including but not limited to the following: (1) Requiring the defendant to cease and desist from the discriminatory practice; (2) Providing for the sale, exchange, lease, rental, assignment or sublease of real property to a particular person; (3) Requiring the defendant to pay back pay for discriminatory termination of employment, layoff or denial of promotion opportunity, or to make an offer of employment in the case of discriminatory refusal of employment, or to make an offer of promotion in the case of discriminatory denial of promotion opportunity; (4) Requiring that the defendant make available a place of public accommodation in the case of discriminatory denial of the use of such place; (5)Requiring reporting by the defendant as to the manner of compliance with the order of court. (c) If the City Manager determines that the intent and purposes of this Article would not be served by the filing of a complaint in Municipal Court, written notice of such determination shall be given to the complainant; and the jurisdiction of the city and its Human Relations Commission over the complaint shall cease. (Code 1972, § 45-8; Ord. No. 105, 1988, § 7, 8-16-88; Ord. No. 42, 1990, §§ 6, 7, 5-1-90) Cross reference—Municipal Court, Ch. 19. *Cross references—The Commission on Disability, § 2-166 et seq.; Commission on the Status of Women, § 2-181 et seq.; Human Relations Commission, § 2-261 et seq. http://www.colocode.com/ftcollins/municipal/chapterl3.htm 1/21/04 Colorado Code Publishing Company - Fort Collins Municipal Code and Charter- Chap... Page 1 I of 11 • Copyright ©2004, Colorado Code Publishing Company. All Rights Reserved. Visit the City_ofPort CoUi»s web site. Site design by: Jolene Fox Last updated: 1-17-2004 • • http://www.colocode.com/ftcollins/municipal/chapterl3.htm 1/21/04 ATTACHMENT E ORDINANCES AND RESOLUTIONS OD Ordinances F3 Require adoption on first and second reading tt Take effect 10 days after final adoption • Used for making changes to City Code, to appropriate funds, and to provide any type of legislative enactment. • Summary ordinance • E3 Review examples on pages 11 and 12 On Resolutions • Require one vote • Used to establish general policy, give formalized direction to staff, or approve administrative actions • Review examples on page 12 The City Attorney needs a complete Agenda Item Summary in order to write an ordinance or resolution! 1 1 ` 1 1 City of Fort Collins City Council Handbook _ Page 21 1 1 Roll Call Votes 1 1 The Mayor, who chairs the Council meeting, calls for a roll call vote at the conclusion of 1 the Council discussion of the motion on the floor. The City Clerk calls the names of the Council members in the order in which they are seated. Each subsequent roll call vote begins with a different Council member and rotates to the Mayor's left. 1 1 Time Limits for Speakers 1 By resolution, Council has established time limits for citizens 1 addressing the Council. The limit is generally five minutes during the discussion agenda and the citizen participation portion of the meeting. \ I Absence of Mayor 1 Occasionally, the Mayor may be absent from a Council meeting. The Mayor Pro Tem will generally chair these meetings, or another Council member may be asked to do so if the Mayor Pro Tern is unavailable. 1 Ordinances and Resolutions 1 Ordinances 1 Ordinances are legislative acts that establish permanent policy of broad application affecting, in an important or material way, the people of the city. An ordinance requires i two readings before City Council and takes effect ten days after final passage on second i reading. The City Clerk's office is required to publish the entire ordinance at least seven days prior to second reading, unless Council directs publication of a comprehensive summary. Ordinances must also be published by title within seven days of final passage. Emergency ordinances require five affirmative votes, must state the nature of the emergency, require only one reading, and take effect immediately upon passage. The Charter requires that Council act by ordinance whenever it adopts legislation or: • creates or abolishes any agency or office • fixes compensation • makes an appropriation • authorizes the borrowing of money • levies a tax • establishes any rule or regulation where a penalty would be imposed if there is a violation • places any burden upon or limits the use of private property April 2001 City of Fort Collins City Council Handbook _ Page 22 • Once approved, all permanent ordinances are codified, generally by incorporation into the City Code. Resolutions A resolution usually denotes an action that is administrative in nature or that gives policy direction in a less formal manner than an ordinance. Resolutions often deal with matters of a more temporary character, such as statements of opinion or policy not requiring an ordinance, or administrative direction regarding particular items of business. Resolutions are presented for consideration only once and take effect immediately after they are approved by vote of the Council. • I I I I I April 2001 ATTACH14EKT F • RESOLUTION 2003-117 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING AND READOPTING GUIDELINES FOR INITIATING AND DEVELOPING COUNCIL ORDINANCES AND RESOLUTIONS WHEREAS,on December 17, 1996,the City Council adopted certain guidelines for initiating and developing Council ordinances and resolutions that originate either from the Council Policy Agenda, a Council committee, a City staff initiative or direction received from three or more Councilmembers; and WHEREAS,Section 2 of said resolution,which pertains to developing the substance of,and options for, such ordinances or resolutions provides that if the City Attorney or City Manager needs clarification and additional direction or the resolution of conflicting approaches to the content of such an item, direction is to be sought from either a Council committee, the "Council Leadership Team" (Mayor and Mayor Pro Tem), or, if necessary, the entire Council; and WHEREAS, the majority of the previously existing Council committees have, through Council action, been abolished, so that such method of obtaining direction often no longer exists; and • WHEREAS,the Council Leadership Team may,on occasion,be divided in its direction with regard to the development of such an item; and WHEREAS, it is seldom practical to require a formal vote of the entire Council in order to obtain direction with regard to the development of such items; and WHEREAS, with regard to items not on the Council Policy Agenda that originate at the direction of the Leadership Planning Team or three or more Councilmembers, the City staff has recommended that clarification of such items could most clearly and simply be obtained from the Councilmembers who request the items; and WHEREAS,the Council agrees with this recommendation and wishes to modify the above- referenced guidelines in this fashion. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FORT COLLINS that the process for initiating staff work on an ordinance or resolution, and developing the substance of,and options for, such items shall be as follows: 1. INITIATING WORK ON AN ORDINANCE OR RESOLUTION. The source of ideas for new and revised policies may come from the Council • policy agenda, individual Councilmembers,citizens,City boards and commissions, service clubs and organizations,ad hoc task forces,community groups,neighborhood associations,etc.The following procedures shall be followed in determining whether staff resources should be devoted to the initiation of an ordinance or resolution in response to such proposals. (a) Council policy agenda. Upon Council's adoption of its policy agenda, and without further direction from the Council,work on specific ordinances and resolutions implementing the policy agenda and the goals and projects established by the Council will be commenced by City staff as directed by the City Manager. (b) Other Council initiated ordinances and resolutions. Work on other ordinances or resolutions can be initiated at the direction of the Council Leadership Team or at the direction of three Councilmembers, which direction may either be given at a regular Council meeting,a study session or a Council committee meeting;provided,however,that if any Councilmember desires that formal action of the Council be taken with regard to such request, such formal action shall occur at a regular Council meeting and shall require the approval of a majority of the Councilmembers present and voting. (c) Recommendations from City Boards and Commissions. If a City board or commission would like Council to consider adopting a policy or revising or eliminating an existing policy, the board or commission should contact its Council liaison or another Councilmember and discuss the request. The Council liaison or other Councilmember would then forward the request to a Council committee or to the entire Council at a regular meeting or study session underthe"OtherBusiness"segment of such meeting or study session. The Council liaison may forward with the request his or her comments and/or recommendations with regard to the request. CouncHmembers shall then provide direction on whether or not staff should proceed with initiating work on an ordinance or resolution with regard to the request,in accordance with subparagraph (b) above. (d) Staff initiated ordinances and resolutions.Staff requests and suggestions for other ordinances and resolutions will be reviewed by the City Manager and presented to the City Council as he or she deems appropriate. (e) Staff follow-up. Council will be informed of work proceeding on any ordinance or resolution.Such communications will be particularly important for work that is initiated by a Council committee or the City Manager which is outside the context of full Council gatherings. 2. DEVELOPMENT OF THE SUBSTANCE OF, AND OPTIONS FOR, AN ORDINANCE OR RESOLUTION. (a) Ordinances and resolutions on the Council policy agenda.After commencing work on an ordinance or resolution on the Council policy agenda, the City • Attorney or City Manager may seek clarification, additional direction, or resolution of conflicting approaches to the content of such item from the Council Leadership Team or,if necessary,by motion under"Other Business" at a regular Council meeting, as approved by a majority vote of the Councilmembers present. (b) Ordinances and resolutions not on the Council policy agenda. After commencing work on an ordinance or resolution that is not on the Council policy agenda and that has been requested by the Council Leadership Team or by three or more Councilmembers, the City Attorney or City Manager should seek any necessary clarification, additional direction or resolution of conflicting approaches with regard to such item from the Councilmembers requesting the item. Optional versions of the item may be requested by two or more Councilmembers. Any Councilmember may seek staff input and/or staff recommendations regarding the item and either the City Manager or City Attorney may,in his or her discretion,make recommendations to the Council with regard to the item as part of the accompanying Agenda Item Summary. The Agenda Item Summary shall identify the Councilmembers requesting the item as the contact persons for the item. (c) Cessation of work pending clarification. If either the City Attorney or City • Manager is unable to obtain clear direction or a resolution of conflicting approaches on any proposed ordinance or resolution,staff work on a pending ordinance or resolution will be suspended until such clarification and resolution is provided by City Council. City Council will be notified, in writing, when staff work on a pending ordinance or resolution has ceased. Passed and adopted at a regular meeting of the City Council held this 21st day of October, A.D. 2003. i Mayor A=SnT: ld� City Clerk • ATTACHMENT G • Human Relations Commission Minutes October 9,2003 5:40—7:10 p.m. - - - --- www.fcgov_com/cityclerk/human-relations.Rl Council Liaison: David Roy Staff Liaison: Angelina Powell Phone V: 407-7393 Phone: 221-6525 Chairperson: Ken Gordon Phone: 217-6317 Vice Chairperson: Mary Gomez Phone: 491-3702 A regular meeting of the Human Relations Commission was held on October 9, 2003 in the CIC Room, 300 W. LaPorte Avenue. HRC Members present John Coleman, Mary Gomez, Rita Klepac, Parker Preble, Erik Rush HRC Members absent Elaine Boni, Kimberly Clouser, Ken Gordon, Jr., Christina Serrano with notification Staff Members present Angelina Powell, Staff Liaison I. Call to Order. The meeting was called to order by Vice Chair Mary Gomez at 5:40 p.m. • II. Approval of Minutes. Parker Preble made a motion to approve the minutes as submitted for the September 11, 2003 meeting. Jack Coleman seconded the motion. All voted in favor of accepting the minutes. III. Subcommittee Reports. Human Relations Award Subcommittee. No report. Diversity Subcommittee Mary, Parker& Elaine met to review how best to streamline data from the B&C diversity analysis for a City Council report. Because there is so much information, they're finding it challenging to focus on that which might be most representative of the situation. They believe that graphical presentations might be most useful--add more pie charts. They also considered other facets of the process such as how applicants are recruited and "ramping up" advertisements for applications. Police Subcommittee. No report. Executive Delegation Subcommittee: Planned the agenda for the October 9" meeting. As a part of her Executive Delegation Subcommittee responsibilities, Mary also attended the Face to Face meeting on the first Tuesday(October 7.) Many of the issues on the Face to Face work plan are closely aligned with those on the HRC 2003 Work Plan. IV. Liaison Reports Northern Colorado Multicultural Coro. Parker was out of town for the last NCMC meeting but had a chance to speak with new Chair, Mike Esters. They're considered bylaws changes that would reduce the number of board members. While they sometimes have trouble getting quorum, • they decided to stay with a large number of members. Eracism Film Series. Rita Klepac reported the first two films were well attended with approximately 56-70 people in the audience. Two films remain. In fact, HRC Chair Ken Gordon will facilitate discussion after the film, When Cultures Collide on October 19. Human Relations Commission Page 2 Face to Face. As mentioned earlier, Mary Gomez attended the October 71h Face to Face meeting. There was discussion at that meeting on the philosophy of education of Poudre School Board candidate Perry Lorenz. There was also discussion on the CLEAR Act (Clear Law Enforcement for Criminal Alien Removal Act of 2003.) The federal bill has been referred to the House Committee on the Judiciary. The act declares that State and Local Law Enforcement Have Pre- Existing Authority to Enforce Immigration Laws. CLEAR declares the authority of state and local law enforcement personnel to enforce Federal immigration laws. Specifically, CLEAR permits state and local law enforcement to "investigate, apprehend, detain, or remove aliens in the United States (including the transportation of such aliens across State lines to detention centers)." It penalizes State & Local Government who's Police refuse to enforce Federal Immigration Laws. While CLEAR does not directly force states and their localities to enforce immigration laws, it provides that federal funding to states and localities under INA § 241(i) will discontinue if they fail to implement statutes explicitly authorizing their law enforcement to enforce immigration laws within two years after the bill is enacted. States and localities will also be ineligible for federal funding under INA § 241(i) if they do not implement policies that require them to give certain background information about apprehended illegal aliens to the Department of Justice and Department of Homeland Security. Community members are working with Police Chief Dennis Harrison. V. Budget Report. There's approximately $250 available in the HRC budget. VI. Old Business. Institute for Healing Racism. Parker Preble read the book Racism: Unraveling the Feaz. He agreed with the commission that it would be wise to speak to people who had attended an institute or for one of the HRC members to attend an institute. Rita believes the commission needs to know more about it before recommending support and dedicating financial resources. She volunteered to find out where and at what cost the institute will be held. She'll keep the commission informed by email. Because no decision was made by October, the item will become an item the commission tracks rather than dedicate monthly meeting time to discuss. Boards & Commissions Diversity/Demogrraphic Data Diversity Subcommittee Chair Erik Rush took feedback provided from the last Diversity Subcommittee meeting and developed more graphic information. He stayed with the Subcommittee's wish that information be represented in percentages. Rita Klepac expressed concern that when the numbers are small (minority group such as Hispanic represent 8% of the total population) it overstates results when you consider only their application/appointment data. Further refinement discussion will take place at the next Diversity Subcommittee meeting. Brochure Update. No report. Neighborhood Walks. Tabled. Parliamentarian Position. Tabled. Human Relations Commission Page 3 • New Business. CLEAR Act. Fuerza Latina hosted a meeting to discuss the CLEAR Act on Monday, September 29 at Northside Aztlan Community Center. Fuerza Latina believes: ■ the law would be very bad for our community • the law would waste valuable police time and resources ■ its implementation would result in discriminatory Police practices and racial profiling • the law would violate the civil rights of anyone in our community who even looks as though they may be an immigrant • the law would hamper law enforcement by preventing immigrants from reporting crimes and cooperating with the Police when they are victims or witnesses Fuerza Latina recommends you contact your federal representatives in support of not adopting the CLEAR Act. For more information call 308-1184, or 472-1475 (Spanish.) A volunteer was sought to draft a letter for the Commission's consideration against the legislation. Jack Coleman agreed to prepare a "skeleton" letter to post with the Coloradoan. He'll be sharing this work via email. VII. Announcements. Commission members interested and available to view the film Black Eyes/Blue Eyes were invited to Commissioner Rita Klepac's home on Tuesday, October 14 at 7 p.m. • IX. Adjournment. Parker Preble made a motion to adjourn. Erik Rush seconded the motion. The meeting was adjourned at 7:10 p.m. The next HRC meeting will be November 13,2003, 5:30 p.m. at 215 N. Mason, Conference Room 1B. Entry is via the west door in the middle of the building. Approved: OR o. Ken Gordon,Jr. Chair V41101ina Powell, Staff Liaison • ATTACHMENT H • Human Relations Commission Minutes November 13,2003 5:40—7:10 p.m. - ww !.telov.com/citElerk/human-relations..php - -- - ------- -- - ---- --- Council Liaison: David Roy Staff Liaison: Angelina Powell Phone V: 407-7393 1 Phone: 221-6525 Chairperson: Ken Gordon Phone: 217-6317 Vice Chairperson: Mary Gomez Phone: 491-3702 A regular meeting of the Human Relations Commission was held on November 13, 2003 at 215 N. Mason Conference Room 1B. HRC Members present Elaine Boni, Kimberly Clouser, Mary Gomez, Ken Gordon Jr., Parker Preble, Erik Rush HRC Members absent Jack Coleman, Rita Klepac with notification Council Liaison present David Roy Staff Members present Angelina Powell, Staff Liaison • I. Call to Order. The meeting was called to order by Chair Ken Gordon at 5:40 p.m. when a quorum was present. II. Approval of Minutes. Chair Ken Gordon asked the October 9 minutes be changed to reflect "absent with notification" for Kimberly Clouser& Christina Serrano. Ken had, in fact, received written notification prior to the meeting. Elaine Boni made a motion to approve the minutes as revised for the October 9, 2003 meeting. Kimberly Clouser seconded the motion. All voted in favor of accepting the minutes as revised. III. Other Business Resienation Christina Serrano tendered her resignation to the Commission. She has accepted a position in another State and had, in fact, already moved. Chair Gordon provided her written notification for the City Clerk's office files. Baha'is Naw Ruz. Jeff Barnes of Baha'i visited to deliver the plaques prepared for distribution at Naw Ruz on March 20, 2003. That was the time of the Blizzard of 2003 and the event was cancelled. The plaque reads: In recognition of, and appreciation for, the unselfish contributions made by the members of the Human Relations Commission of Fort Collins,the Baha'i Community of Fort Collins awards each member of this esteemed institution at this Naw Ruz (New year's) Celebration 159/160 BE, March 20, 2003. Presented to name "For all your hard work." • IV. Subcommittee Reports. Human Relations Award Subcommittee. The subcommittee met on October 27, . The subcommittee discussed methods for improving recruitment of minority and youth nominations. The also explored the possibilities of sponsorships to defray the cost of the event and Human Relations Commission Page 2 brainstormed potential keynote speakers. Their next meeting is December 1, 2003 at Kimberly Clouser's home. Diversity Subcommittee The subcommittee met to: further refine the B&C Applicants Diversity Report, make progress on researching and reporting culturally relevant events, ask the topic of assigning rotating KYGO Public Radio spots to report what the Commission is doing be assigned on a future HRC agenda, and develop a process(means of reporting) findings in research(via a media person?). Police Subcommittee. No report. Executive Delegation Subcommittee: No report V. Liaison Reports Northern Colorado Multicultural Corp. The NCMC met on October 2"d. The group considered what their vision for the coming year would be. The discussed POST, a State Patrol organization, that provides anti-bias training. POST has a budget for that program and the NCMC might want to develop a product for them and focus on actual training. They also discussed the need for a retreat, acting as a"watch dog" organization, representing industries, networking, and doing more "hands on" activities in 2004. Many members are interested in being more active. Face to Face. Elaine Boni named as Liaison to Face to Face. VI. Budget Report. No report. VII. Old Business. CLEAR Act. At Chair Gordon's invitation Council Liaison David Roy joined the Commission to discuss their support for Fuerza Latina's efforts against the adoption of the CLEAR Act and its implications on racial profiling by local law enforcement. The Commission wanted to know what the best process for interacting with City Council would be. Councilmember Roy recommended attendance and support under Citizen Participation for the November 18`h City Council meeting. Vice Chair Gomez had drafted a letter of support. Elaine Boni moved the letter be accepted and presented to City Council. Kimberly Clouser seconded the motion. It was unanimously approved. Chair Gordon said the letter would be forwarded to the Mayor and City Council with a copy sent to City Manager Fischbach. It was noted that for those of you who could attend Citizen Participation is early in the agenda(after the 6 p.m. meeting start time) on November 18 in Council Chambers at 300 W. LaPorte Avenue. B&C Applicants Diversity Report. The second topic Council Liaison David Roy joined the commission to discuss was the findings/reporting to City Council of several years of diversity data for City of Fort Collins Board & Commission applicants. HRC Chair Gordon and Diversity Subcommittee Chair Erik Rush gave Council Liaison Roy an overview of their findings and said at presentation time they'd have some suggestions to improve the process and broaden the recruitment effort. Councilmember Roy expressed his appreciation for the Commissions efforts and promised to take a request to City Manager Fischbach and Council Leadership representatives Mayor Martinez and Mayor Pro Tern Bertchy to ask for time at a Study Session when the finding might be reviewed. NOTE: January 271h at 6 p.m. is the time set for the presentation. The Commission was appreciative of Council Liaison's attendance and participation. Brochures. Parker was interested in learning where the Commission was in their brochure efforts. Human Relations Commission Page 3 • VIII. New Business. IX. Announcements. • The December meeting discussion time would be used to further refine the HRC's purpose. • Elaine Boni praised Jack Coleman's efforts (in education)with the Perry Lorenz Soapbox. • A Special HRC meeting will be held Tuesday,November 25, 5:30 p.m. in Room 213B Student Services Building. (Student Services Building is located off University Avenue.) for formal review and approval of the 2004 Work Plan. (See attached minutes.) X. Adjournment. Kimberly Clouser made a motion to adjourn. Erik Rush seconded the motion. The meeting was adjourned at 7:10 p.m. The next HRC meeting will be December 11, 2003, 5:30 p.m. at the CIC Room, 300 W. Laporte Avenue. Approved: OR Ken Gordon,Jr. Chair AQAina Powell, Staff Liaison • ATTACHMENT I • Human Relations Commission Minutes December 11, 2003 5:30—7:10 p.m. www.fegov.com/cityclerk/human_relations.p—p Council Liaison: David Roy Staff Liaison. Angelina Powell Phone V: 407-7393 Phone, 221-6525 Chairperson: Ken Gordon Phone: 217-6317 Vice Chairperson: Mary Gomez Phone: 491-3702 A regular meeting of the Human Relations Commission was held on December 11, 2003 at the CIC Room, 300 W. Laporte Avenue. HRC Members present Elaine Boni, Jack Coleman, Kimberly Clouser, Mary Gomez, Ken Gordon Jr., Parker Preble, Erik Rush HRC Members absent Rita Klepac with notification Staff Members present Angelina Powell, Staff Liaison I. Call to Order. The meeting was called to order by Chair Ken Gordon at 5:30 p.m. • 1I. Approval of Minutes. Chair Ken Gordon entertained motions for the acceptance of minutes for the regular meeting of November 13 and the special meeting of November 25. Kimberly Clouser made a motion to approve the minutes of the regular meeting of November 13, 2003. Elaine Boni seconded the motion. All voted in favor of accepting the minutes as presented. Parker Preble made a motion to approve the minutes of the special meeting of November 25, 2003. Erik Rush seconded the motion. All voted in favor of accepting the minutes as presented. III. Meeting Format. The normal format for the meeting was suspended (subcommittee/liaison reporting and agenda topics discussion) to concentrate primarily on how to make the Human Relations Commission more action oriented. IV. Other Business Accepting Same Sex Marriage Constitutional Amendment. Chair Ken Gordon asked HRC members (Parker Preble & Elaine Boni) who attended the Same Sex Constitutional Amendment meeting on Tuesday, December 9, 2003 at Plymouth Congregational to report on their impressions. There were 20-30 people (by invitation only) in attendance. Their purpose was to explore the religious, civil and political aspects of the constitution amendment. The Foothills Unitarian Church minister was the moderator. Interfaith Council representatives were present. Like the HRC representatives they were there to get information rather than to act on their affiliated group's behalf. Consensus reached by those in attendance was they were against a constitutional amendment and "what are we going to do about it?" The next meeting is January 13. • V. Subcommittee Reports. Human Relations Award Subcommittee. No report. Diversity Subcommittee No report. Human Relations Commission Page 2 Police Subcommittee. No report. Executive Deleization Subcommittee: No report VI. Liaison Reports Northern Colorado Multicultural Corp. No report. Face to Face. No report. VII. Budget Report. No report. VIII. Old Business. CLEAR Act/Human Rights Protection Ordinance. Chair Gordon and Vice Chair Gomez had attended City Council's meetings on November 18 and December 2nd to support the collaborative effort of Fuerza Latina and the Center of Justice & Peace Human Rights Coalition against the CLEAR Act (and its implications on the community.). Their conclusions were City Council had a wait and see approach to passage of the CLEAR Act and City Council believed there were laws in place against racial profiling. IX. New Business. Resignations of both the Chair and Vice Chair. It was at this point in the meeting (reporting on their efforts on behalf of the Human Rights Protection Ordinance)that both the Chair& Vice Chair read their letters of resignation. See attached letters of resignation for reasons for their departure. Elaine Boni made a motion expressing the Commission's disappointment and regret on the resignation of the Chair and Vice Chair of the Human Relations Commission. The Commission recognizes their decision and thanked them for the contributions they've made to the commission and to the community. Parker Preble seconded the motion. All voted in favor of the motion. Both Ken & Mary agreed their resignation would be effective after the January 8`h meeting. They both planned to attend to help the HRC transition to a new leadership. Defining the Commission. In preparation for the discussion on how to make the Human Relations Commission more action oriented Parker Preble offered his reflections on what was working. Others joined in to complete the list. It included: o continue Human Relations Award Breakfast o pursue assigning rotating responsibilities for KYGO Public Radio spots to report what the Commission is doing o have regular HRC topic news releases o promote contribution of time and energy by all commission members o bridge gap between people needing/wanting to file complaints with the Citizen Review Board o understand why the Commission was not working more directly with the Human Rights Office o use resources available to Commission via Channel 27 public access station to produce 5- 10 minute spots such as"What are your recourses when you suffer discrimination on the job." Where we should yo from here. Commissioners asked the departing leadership team their impressions on where the Commission should go. Their suggestions included: o support the Human Rights Protection Ordinance Human Relations Commission Page 3 • o pursue the idea of neighborhood walks o explore whether the Institute on Healing Racism would make a difference and if it was doable o promote the fact that prejudice is not acceptable in Fort Collins (or the world) o speak out/raise Cain o establish a cultural awareness day in the park with programs the whole city could embrace (other culture's food, hobbies, past times.) Many times it seems we're singing to the choir(people already interested in promoting diversity and fighting prejudice.) As a choir"sing out" for harmony and inclusivity. Invite someone you don't understand into your home. Letters to Employers. Jack Coleman asked if it would be appropriate for the HRC to send letters to the employers of alleged discriminated employees asking the employers to justify the employees' terminations/travails and explain why the terminations/hearings should not be construed as having been racially motivated. He'll work on a draft for consideration by the Commission. X. Adjournment. Parker Preble made a motion to adjourn. Elaine Boni seconded the motion. The meeting was adjourned at 7:10 p.m. The next HRC meeting will be January 8, 2004, 5:30 p.m. at the CIC Room, 300 W. Laporte Avenue. • Approved: OR Ken Gordon,Jr. Chair Ahgifina Powell, Staff Liaison • ATTACHMENT J • DRAFT Human Relations Commission Minutes January S,2004 5:30—7:50 p.m. www.kgoy.com/ei clerk/human-relations.php Council Liaison: David Roy Staff Liaison: Angelina Powell Phone V: 407-7393 Phone: 221-6525 Chairperson: Ken Gordon Phone: 217-6317 Vice Chairperson: Mary Gomez Phone: 491-3702 A regular meeting of the Human Relations Commission was held on January 8, 2004 at the CIC Room, 300 W. Laporte Avenue. HRC Members present Elaine Boni, Jack Coleman, Kimberly Clouser, Caroline Tu Farley, Maryanne Ingratta, Mary Gomez, Ken Gordon Jr., Rita Klepac, Parker Preble Council Liaison present David Roy Staff Members present City Attorney Steve Roy, Senior Assistant City Attorney Greg Tempel and Staff Liaison Angelina Powell • I. Call to Order. The meeting was called to order by Chair Ken Gordon at 5:30 p.m. II. Approval of Minutes. Chair Ken Gordon entertained a motion for acceptance of minutes for the December 11, 2004 meeting. Elaine Boni made a motion to approve the minutes. Jack Coleman seconded the motion. All voted in favor of accepting the minutes as presented. III. Welcome New Members. New members Caroline Tu Farley and Maryanne Ingratta were welcomed by Chair Ken Gordon. Introductions of all commission members were made. Both Caroline & Maryanne shared information on their background and why they were interested in serving on the HRC. IV. Other Business City Code: Human Relations Commission Charter. Council Liaison David Roy thanked the Commission for their enthusiasm and efforts. He'd offered to attend the January meeting with the City Attorney Steve Roy(and Greg Tempel)when questions had arise about the Commission's to charge and scope of responsibilities after the resignations of both Chair Ken Gordon and Vice Chair Mary Gomez. He offered resources available for clarification with the attendance of City Attorney Roy and Senior Assistant City Attorney Greg Tempel. The Commission was primarily interested in understanding their quasi-judicial responsibilities (as an appeal body for complainants of discrimination after the determinations of the City Manager • through the Human Rights Officer. Section 13-23(b)) City Attorney Roy noted the Commission's primary role was advisory to City Council as defined by Section 2-263 of the City Code. He also noted commission members are acting on behalf of the City only when they act within the scope of their appointed duties and functions. If they act outside those bounds, they risk exposing themselves to personal liability. Human Relations Commission Page 2 At 6:15 p.m., when an audio recording device was in place, Parker Preble made the motion: "As authorized by City Code Section 2-31(a)(2),I move to go into executive session for the purpose of meeting with the City Attorney to receive legal advice regarding potential litigation and the manner in which the board's actions may be affected by existing law." Elaine Boni seconded the motion. All voted in favor of the motion. The Commission returned to their regular meeting at 6:37 p.m V. Subcommittee Reports. Human Relations Award Subcommittee. The Subcommittee did not meet in December but work had been done to update the City's website to accept applications for nominations and Kimberly Clouser would be working with the Mayor's assistant to set a date for the annual awards breakfast that would work on the Mayor's calendar. Diversity Subcommittee No meeting in December. Police Subcommittee. No report. Executive Delegation Subcommittee: Met to discuss the topics of the January 8 agenda and the Human Rights Protection Ordinance. VI. Liaison Reports Northern Colorado Multicultural Corn. Chair Gordon on 12/30 met with NCMC members Renata Trefor and Michael Estes at the home of Dorothy Bland. Erasicm Film Series. In 2003-276 people attend a series of films that ended mid October. This past year publicity was increased due to the participation and support of the Coloradoan. Funding came from the Coloradoan, Fort Fund and the Interfaith Council. In the future, the film series will not have affiliation with the Foothills Unitarian Church. Face to Face. Elaine Boni attended their last meeting and had announcements about the Martin Luther King Day activities, the Multicultural Retreat on February 26 and 27, 2004, (note: four HRC Commissions (Ken Gordon, Mary Gomez, Jack Coleman & Elaine Boni) are planning to attend), and an Affirmative Action Summit in Denver on January 17's. VII. Budget Report. No report. VIII. Old Business. Institute for Healing Racism. Chair Gordon suggested moving the work related to the Institute for Healing Racism to the Diversity Subcommittee. Rita Klepac reported that she had made contact with some individuals in Michigan and has information she can share with Diversity Subcommittee members. Human Rights Protection Ordinance. Chair Gordon and Vice Chair Gordon continue to work with the Coalition for Peace, Justice and the Environment. The group is making their focus more and more an illegal immigrant issue and Ken's not sure it should be their focus. Work continues on racial profiling. Their next meeting is scheduled for Monday, January 26, 7 p.m.,Northside Aztlan Community Center. Human Relations Commission Page 3 • IX. New Business. Slate of Officers. Maryanne Ingratta moved that a slate of officers be set for the upcoming year. Kimberly Clouser seconded the motion. All voted in favor of the motion. Position Nominee Nominee Acce is HRC Chair Ken Gordon Yes HRC Vice Chair Mary Gomez Yes Diversity Subcommittee Maryanne Ingratta Yes Chair Police Subcommittee Chair Elaine Boni Yes Human Rights Award Subcommittee Chair Kimberly Clouser Yes Parker Preble moved to close the slate. Rita Klepac seconded the motion. All voted in favor of the motion. Election of officers is set for the February meeting. HRC in the News. Parker Preble asked that the minutes show the publicity the HRC received in over the past year. The Coloradoan: 1/7/2004, HRC Chair/Vice Chair Resignation Withdrawal; • 12/13/2003, HRC Chair/Vice Chair Resignation; 12/27/2003, Ken Gordon Soapbox; 12/23/2003, Letter to the Editor about Ken Gordon; 12/21/2003, Letter to the Editor about Ken Gordon and Mary Gomez; 7/16/2003, Ken Gordon Soapbox; 7/7/2003, Mayor Ray Martinez Soapbox; 9/18/2003, Eracism Film Series article. Fort Collins Weekly: 12/17 - 12/23, HRC Chair/Vice Chair resignations(Page 13). There will be an article in the edition that comes out this coming Wednesday- 1/14. Rocky Mountain Bullhom: 12/18 - 12/24, HRC Chair/Vice Chair resignations (Page 8). Please make sure you see the cartoon and article on Page 6. 1/8 - 1/14, HRC Chair/Vice Chair Resignation Withdrawals (Page 8); 1/8 - 1/14, Ken Gordon Q &A (Page 10); 1/14/2004, Ken Gordon on "The Bullhorn Talk Show", 5:30 pm - 6:30 pm, live on 88.9, KRFC. KRFC various short features daily since HRC Chair/Vice Chair resignations: 1/l/2004, 30 minute Random Access with Ken Gordon concerning race & the HRPO. KUNC: Various short features daily since HRC Chair/Vice Chair resignations; broke the story on 1/6/2004 that Chair/Vice Chair were withdrawing; in-depth interview planned on race in Fort Collins—TBD. IX. Adjournment. Kimber Clouser made a motion to adjourn. Parker Preble seconded the motion. The meeting was adjourned at 7:50 p.m. A special meeting of the HRC will be held Friday, January 16, 2004, 6:00 p.m. at the CIC Room, 300 W. Laporte Avenue. Approved: OR Ken Gordon, Jr. Chair Angelina Powell, Staff Liaison ATTACHMENT K • DRAFT Human Relations Commission Special Meeting Minutes January 16,2004 5:30—7:50 p.m. www.fegov.com/cit.vclerk/human-relations.php Council Liaison: David Roy Staff Liaison: Angelina Powell Phone V: 407-7393 1 Phone: 221-6525 Chairperson: Ken Gordon Phone: 217-6317 Vice Chairperson: Mary Gomez Phone: 491-3702 A regular meeting of the Human Relations Commission was held on January 16, 2004 at the CIC Room, 300 W. Laporte Avenue. HRC Members present Elaine Boni, Jack Coleman, Kimberly Clouser, Caroline Tu Farley, Maryanne Ingratta, Mary Gomez, Ken Gordon Jr., Rita Klepac, Parker Preble Staff Liaison present Angelina Powell I. Call to Order. The meeting was called to order by Chair Ken Gordon at 5:30 p.m. II. 2003 Annual Report. Chair Ken Gordon invited comments on the final draft of the 2003 Annual • Report. Parker Preble thanked everyone (especially Chair Ken Gordon) for their contributions to the report. Parker Preble made a motion to approve. Kimberly Clouser seconded the motion. All voted in favor of accepting the report (due in the City Clerk's office on January 31.) III. Training. Chair Ken Gordon & Vice-Chair Mary Gomez developed a training program for all members but especially for members who had not participated in the March, 2003 Retreat. In a February/March timeftame they'd like to dedicate 4-1/2 hours on a Friday evening (Human Rights Office processes and Team Building) and 8 hours (Brown Eyes/Blue Eyes Film, Listening Skills, and Diversity Training)on a Saturday for training. Members asked for revisions such as breaks after 2 hours of training, interactive exercises, not just race (but other disenfranchise groups) be considered with the diversity training, and that training start no sooner than 5 p.m. to allow members to take care of family commitments. Parker Preble made a motion to accept the curriculum. Jack Coleman seconded the motion. All voted in favor of the motion. Various dates were considered. Maryanne Ingratta moved that February 13 and 14 be selected for training. Parker Preble seconded the motion. All voted in favor. (A backup of March 5-6 was recorded.) IV. Comparative Analysis of City of Fort Collins Boards & Commissions Diversity & Demographics. To prepare for a discussion on this topic with City Council at their January 27 Study Session, the Commission reviewed whether their report (document set was complete) and • ready for City Council with a synopsis of the information and the Commission's recommendation. The Commission agreed the analysis of the data shows when minority applications are received Board & Commission appointments proportionately reflect the same ethnic groups as 2000 census data. Their recommendations are: Human Relations Commission Page 2 • The City re-evaluate their method for seeking minority applications. The Commission suggests a target marketing system that focuses on distributing Board & Commission applications to increase minority applicants. • The City revise their ethnic groupings on the Board& Commission application. Those ethnic groups currently listed are too vague for the number of minority groups and many applicants are lumped in the "other" category. Jack Coleman made a motion to approve the above recommendations. Kimberly Clouser seconded the motion. All voted in favor. V. Ken's Requests at Retraction of Resignation. The following are requests Chair Ken Gordon made to City Council at the time of retraction of his resignation: 1. That City Council, Human Rights Office and HRC schedule a retreat to develop initiatives aimed at making Fort Collins more racially sensitive, more welcoming to minority cultures, and more racially inclusive. 2. That City Council work with the appropriate organizations to draft and pass a local racial profiling statute. 3. That City Council schedule a study session with the appropriate organizations to discuss and evaluate a Human Rights Protection ordinance or resolution. 4. That City Council, Human Rights Office and HRC jointly sponsor a community wide diversity forum entitled, "Understanding the Nuances of Racism"to build an opportunity for those who feel Fort Collins is color blind to openly dialogue with those who know it isn't. He invited comments from Commissioners. Are they in agreement? There was concern about supporting local laws for racial profiling. Would state and federal laws supercede and could those laws be used to avoid racial profiling in Fort Collins. There was also some concern about the community wide diversity forum...its name and content. Would it be for all discriminated groups and not just people of color? Maryanne Ingratta made a motion to approve in principal with the understanding that there would be wordsmithing later. Jack Coleman seconded the motion. All voted in favor of the motion. VI. Human Rights Protection Ordinance. Chair Gordon confirmed as a group that the Human Relations Commissions stands by their letter of support of the Human Rights Protection Ordinance of November 13. (That letter was submitted to City Council at their meeting of November 1, 2003.) They are also aware that since their initial support of the ordinance, differences in objectives have arisen among the groups that support the ordinance. The Commission is interested in hammering it out" (participation in a solution that works for everyone.) They look forward to working with City Council at the January 27`h Study Session and hope to identify next steps for determining whether the ultimate solution is an ordinance or a resolution. VII. Announcements: The agenda for the February 12 meeting will include: • A visit with Barbara Catbagan, Human Rights Officer re: community wide forum using a program format developed in the past year, sponsors for funding, and potential for volunteer staff. • Guest Speak Kelly Ohlson on How to Become an Effective Commission. Human Relations Commission Page 3 • • Election of Officers on the slate developed at the January 8, 2004 meeting. VIII. Adjournment. Kimberly Clouse made a motion to adjourn. Parker Preble seconded the motion. The meeting was adjourned at 7:50 p.m. The next regular meeting of the HRC is Thursday, February 12, 2004, 5:30 p.m. at the CIC Room, 300 W. Laporte Avenue. Approved: OR Ken Gordon,Jr. Chair Angelina Powell, Staff Liaison • •