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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/02/2004 - RESOLUTION 2004-037 REAFFIRMING CERTAIN PRINCIPLES ITEM NUMBER: 30 AGENDA ITEM SUMMARY DATE: March2, 2004 FORT COLLINS CITY COUNCIL STAFF: Diane Jones SUBJECT Resolution 2004-037 Reaffirming Certain Principles with Regard to Human Rights and Civil Liberties and Giving Direction to the Human Relations Commission. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY At several Council meetings during the latter part of 2003 and early 2004,community members and Mr. Ken Gordon, Chair of the Human Relations Commission 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. On January 27, 2004 the City Council discussed with representatives of the Human Relations Commission the follow-up actions that Council would do and Council's direction and expectations of the work that Human Relations Commission would do as a result of the January study session. In summary, the follow-up actions are: A. Human Rights Protection 1. The HRC is to establish a task force to review the issues raised in the draft Human Rights Protection Ordinance suggested by the HRC. 2. The City Attorney is to prepare a resolution for the Council to consider (this is Resolution 2004-037 that Council is considering at its March 2 meeting)that would include provisions stating the City should: ✓ Respect the human rights of all people ✓ Not engage in racial profiling ✓ Inquire about immigration status only in conjunction with other normal, legally, permissible investigations or activities. ✓ Work with City boards and commissions and other agencies to ensure that community members who believe their civil rights have been violated, by the City of Fort Collins or others, have appropriate recourse. March 2, 2004 -2- Item No. 30 B. Citizen Complaint Process 1. The HRC is to review the complaint processes referenced in Chapter 13 and in Section 2-140 of the City Code (see the attached) and provide any suggestions on how it might be simplified, easily accessible, safe and confidential. 2. The HRC is to work with the community and provide feedback relative to harassment,profiling and the complaint processes. This may include an analysis of current processes, procedures and practices referenced above. C. Focused Target Marketing to Enhance Minorities Participation on Boards and Commission 1. The HRC is to provide any suggestions for additional approaches and marketing techniques for distributing Board and Commission applications to increase minority applicants. Resolution 2004-037 relates to all of these actions. It is in response to Council's direction provided at the January 27, 2004 study session that a resolution, rather than an ordinance, be prepared to clarify and specify the City's policies and procedures as they relate to the concerns expressed at recent Council meetings. ATTACHMENTS Memorandum regarding follow-up to the January 27, 2004 Council Study Session. RESOLUTION 2004-037 OF THE COUNCIL OF THE CITY OF FORT COLLINS REAFFIRMING CERTAIN PRINCIPLES WITH REGARD TO HUMAN RIGHTS AND CIVIL LIBERTIES AND GIVING DIRECTION TO THE HUMAN RELATIONS COMMISSION WHEREAS,the City's Human Relations Commission ("HRC")has been established by the City Council to promote positive interaction among all City residents and to discourage all forms of discrimination based upon the diversified values and individual differences of such residents; and WHEREAS,toward this end,the Council has assigned certain functions to the HRC which are set forth in Section 2-263 of the City Code; and WHEREAS, such functions include developing and promoting educational programs and activities; cooperating with and providing leadership and support for other groups interested in promoting diversity and positive intergroup relations;educating City residents;reviewing proposed legislation; making recommendations to the City Council; assisting residents of the City in filing discrimination complaints; hearing appeals from decisions of the City Manager relating to such complaints; facilitating the review of citizen complaints concerning the action of City employees; and performing such other functions as may be committed to the HRC by other ordinances or resolutions of the City; and WHEREAS,in response to certain proposed Federal legislation dealing with the enforcement of Federal immigration laws, the HRC and other members of the Fort Collins community have requested that the City Council reexamine any policies or practices of the City which may directly or indirectly affect the rights or liberties of community members, in order to promote positive interaction among all members of the community and to strengthen, if necessary, the safeguards provided by the City to guard against any and all forms of unlawful discrimination or harassment. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 1. That the City Council hereby reaffirms the following principles: (a) That all officers and employees of the City will,in their dealings with members of the community and with each other,respect the rights of all people. (b) That no officer or employee of the City will engage in racial profiling. (c) That officers and employees of the City will inquire about the immigration status of community members only in conjunction with other normal, legally permissible investigations or activities. 2. That the HRC is hereby authorized and directed to: (a) Work with other City boards and commissions, as well as other community agencies,to ensure that community members who believe their civil rights have been violated,either by the City of Fort Collins or others, have appropriate recourse. Toward that end, the HRC should review the complaint processes referenced in Chapter 13 and in Section 2-140 of the City Code; solicit feedback from community members relative to harassment,profiling or the complaint processes; and make recommendations to the City Council on (I) how such complaint processes might be simplified or made more easily accessible, safe and confidential; and (ii) how, if at all, other City policies,programs or practices may be improved so as to better guard against harassment, profiling or unlawful discrimination. (b) Establish a citizen task force that includes cross-functional community stakeholders (including Police Services, the Northern Colorado Multicultural Corporation,the City of Fort Collins Human Rights Office, Colorado State University and other community organizations) to review the issues raised in the draft human rights protection ordinance that had been suggested to the Council by the HRC,and to provide to the City Council any recommendations made by such task force. (c) Submit to the City Council any recommendations regarding additional approaches and/or marketing techniques that the City might use in distributing boards and commission applications in order to increase the number of minority applicants for membership on such boards and commissions. Passed and adopted at a regular meeting of the City Council held this 2nd day of March,A.D. 2004. Mayor ATTEST: City Clerk Mayor City of Fort Collins MEMORANDUM DATE: February 12, 2004 TO: Ken Gordon,Jr., Chair Human Relations Commission FROM: Mayor Ray Martinez and City Council RE: Follow-up to the January 27, 2004 Council Study Session Thank you for the information you presented to City Council at our January 27, 2004, Study Session. We appreciate the dialogue you've established and look forward to receiving information on the results of your work on the topics of the Human Rights Protection and target marketing to enhance minorities' participation on Boards &Commission. This memorandum is designed to formalize our expectations on the work that needs to be done. A. Human Rights Protection 1. City Council asks the HRC to establish a task force that includes cross-functional community stakeholders (including Police Services, the Northern Colorado Multicultural Corporation, the City of Fort Collins Human Rights Office,Colorado State University and other community organizations) to review the issues raised in the draft Human Rights Protection Ordinance suggested by the Human Relations Commission. We welcome the HRC establishing a dialogue with others in the community to identify particular issues and suggest some remedies that the City might consider. 2. The Council has asked the City Attorney to prepare a draft resolution that would include provisions stating that the City should: ✓ Respect the human rights of all people ✓ Not engage in racial profiling ✓ Inquire about immigration status only in conjunction with other normal, legally, permissible investigations or activities. ✓ Work with City boards and commissions and other agencies to ensure that community members who believe their civil rights have been violated, by the City of Fort Collins or others, have appropriate recourse. This resolution will be considered by the City Council at its regular meeting on March 2, 2004. 300 LaPorte Avenue - PO-Box 580 - Fort Collins,C080522-0580 - (970)221-6505 - FAX(970)224-6107 - TDD(970)224-6001 ". fcgovcorn Ken Gordon,Jr. Follow-up to the January 27, 2004 Council Study Session Page 2 B. Citizen Complaint Process The Council asks that the HRC review the complaint processes referenced in Chapter 13 and in Section 2-140 of the City Code(see the attached) and provide any suggestions on how it might be simplified, easily accessible, safe and confidential. Secondly, the Council requests that the Commission work with the community and provide feedback relative to harassment, profiling and the complaint processes. This may include an analysis of current processes, procedures and practices referenced above- C. Focused Target Marketing to Enhance Minorities Participation on Boards & Commission Finally,Council welcomes your suggestions for additional approaches and marketing techniques for distributing Board & Commission applications to increase minority applicants. /sek Attachment cc: John F. Fischbach, City Manager Diane Jones, Deputy City Manager