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