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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/14/2004 - UPDATE FROM THE HUMAN RELATIONS COMMISSION DATE: September 14, 2004 STUDY SESSION ITEM STAFF: Kelly DiMartino FORT COLLINS CITY COUNCIL SUBJECT FOR DISCUSSION Update from the Human Relations Commission (HRC). GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED The HRC has completed the items set forth Resolution 2004-037 (Attachment A) and is now prepared to provide updates and seek feedback from City Council. 1. Presentation on the recommendations of the HRC Task Force regarding the proposed Human Rights Protection Ordinance. (Attachment B) • Does City Council have additional questions or is there additional work that needs to be done by the HRC or the HRC Task Force? • Will City Council support moving forward with a Human Rights Protection Ordinance? 2. Presentation on the findings of the HRC Police Subcommittee Task Force and their review of the police complaint process. (Attachment C) • Does City Council have additional questions or is there additional work to be done by the Police Subcommittee Task Force? • Does City Council wish to proceed with the suggestions of the Task Force? 3. Update on recommendations and strategies to increase the number of minority applicants for membership on City boards and commissions. In addition, the HRC has determined that its existing subcommittee structure should be revised to more accurately reflect the work of the HRC, and to provide a more efficient operating structure. As such, the HRC plans to amend its by-laws to reflect the following standing subcommittees: Executive; Media and Community Recognition; Educational Outreach; Government Relations (Attachment D) • Does City Council have any questions or concerns about changing the by- laws to reflect new subcommittees? BACKGROUND On March 2, 2004, City Council adopted Resolution 2004-037, which authorized and directed the HRC to do the following: (a) Review the complaint processes referenced in Chapter 13 and in Section 2-140 of the City Code and provide any suggestions on how it might be simplified, easily accessible, Page 2 (a) Review the complaint processes referenced in Chapter 13 and in Section 2-140 of the City Code and provide any suggestions on how it might be simplified, easily accessible, safe, and confidential. The review was to include community input and feedback relative to harassment, profiling and the complaint process. (b) Establish a citizen task force to review the issues raised in the draft human rights protection ordinance that had been suggested to the Council by the HRC and provide Council with any recommendations made by such task force. (c) Provide to City Council any suggestions and 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. On March 16, 2004, Resolution 2004-044 was approved, appointing fourteen community members to the HRC Task Force which would review and make recommendations regarding the draft human rights protection ordinance. A separate Task Force, including five members of the HRC and 7 community members, was formed by the HRC to specifically review the Police complaint process. ATTACHMENTS • Resolution 2004-037 • Statement from HRC and Recommendations of the HRC Task Force re: the Proposed Human Rights Protection Ordinance • Report from the HRC Police Subcommittee Task Force on the Police Complaint Proces • Proposed HRC Subcommittees • City Code 2, Administration, Article H, Division 8: Citizen Review Board • City Code Chapter 13, Human Relations ATTACHMENT A • 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 dealingwith theenforcement 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) Thatno 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 undertake the following activities in addition to those other functions and duties assigned to the HRC under Section 2- 263 of the City Code: (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. The task force shall consist of members appointed by the City Council by Resolution and shall include those persons recommended by the HRC, as well as any additional members that the City Council may appoint. If the recommendations of the task fore or the HRC include the adoption of any new legislation by the Council,such recommendation shall be submitted to the Council for its consideration,prior to the drafting of any such legislation,so that the Council may decide, pursuant to its established policy, whether the preparation of such legislation for Council consideration is supported by three or more members of the Council. (c) Submit to the City Council any recommendations regarding additional approaches and/or marketing techniques that the City might use in distributing boards andcommission 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. yor ATTEST: City Clerk • • • ��t�AN �(j„�� ATTACHMENT B � FORT COLLINS HUMAN RELATIONS COMMISSION City Council Study Session Tuesday, September 14, 2004 M As members of the HRC and citizens of Fort Collins, we are concerned about creating a community that is not only welcoming and supportive of its s i F residents,but a community where all people can live without being fearful of, m but confident in, its city government. u a,u t " s tit It has been brought to our attention that many people are afraid to utilize the 1tin�r+ public services provided to city residents. We believe a strong statement of commitment by City Council is needed to address these fears and therefore encourage the City Council to pass the Human Rights Protection Ordinance. We would like to commend the Task Force for giving their time and passion to drawing up the attached recommendations. 2 � >u , .a • TO: The Human Relations Commission FROM: Human Relations Commission Task Force Members* RE: Recommendations Regarding Issues Raised by the Human Rights Protection Ordinance DATE: July 8, 2004 *HRC Task Force members: Olivia Abeyta-Gonzalez, Community Member at Large Barbara Catbagan, Human Rights Office, City of Fort Collins Cheryl Distaso, The Center for Justice, Peace and Environment Michael Esters,Northern Colorado Multicultural Corporation Leroy Gomez, Community Member at Large Mary Gomez, Human Relations Commission Blane Harding, Colorado State University Dennis Harrison, Fort Collins Police Services Janet Laughon,Public Defenders Office Socorro Prado, Fuerza Latina Kim Salinas, Fuerza Latina Mohhammed Moin Siddiqui, Colorado State University Noberto Valdez, Colorado State University Translator: Humberto Orive Meeting facilitators: Ken Gordon, Chairperson, HRC; Mary Gomez, Vice Chair, HRC; Parker Preble, HRC Staff liaison: Kelly DiMartino, Communications & Public Involvement Coordinator OVERVIEW On March 2, 2004, City Council adopted Resolution 2004-037, which directed the Human Relations Commission (HRC) to establish a citizen task force. The purpose of the HRC Task Force was to review issues raised in a draft Human Rights Protection ordinance and to provide Council with recommendations. The draft Human Rights Protection ordinance was originally presented to Council by the HRC in January, 2004. City Council appointed the above listed members to the Task Force on March 16, 2004, and the HRC Task Force held their first meeting on March 18. Over the course of the next four months, the Task Force met a total of seven times and discussed a variety of issues in great depth. During initial discussions, Task Force members identified several issues, including the following: - Questioning immigration status and asking people for documentation - Racial profiling - Racism in the community&need for cultural sensitivity training • - Fear in the immigrant community Public safety The entire community benefits when health, educational and human services are accessed Allowing appropriate people to do their jobs Consideration of ordinance vs. resolution The key"sticking point'was found to be around the area of law enforcement and whether they should ever be able to ask about immigration status, and if so, when and under what circumstances? The following recommendations address this question, as well as provide direction on the other main issues. RECOMMENDATIONS The Task Force,by majority vote(10-1),recommends that City Council adopt a Human Rights Protection Ordinance. The dissenting vote supported the following conclusions but desired that this legislation be passed in the form of a resolution, not an ordinance. The Task Force acknowledges that the intent of the existing resolution is good,but is concerned that it does not have binding force. Consequently, the majority of Task Force members agreed that it is essential that an ordinance be adopted to provide accountability and to guarantee that people would be safe while accessing services. • By unanimous agreement, the Task Force recommends that any legislation would meet the following goals: • promote community safety, • protect witness and victims, • prevent racial profiling or profiling based on immigration status, • prevent pretextual arrests, • promote tolerance, and • allow people to do their jobs. The Task Force agreed that its job was to make recommendations to the City Counsel regarding the issues raised in the Draft Human Rights Protection Ordinance as mandated by Resolution 2004-037, Section 2, Part B, empowering the Task Force. The Task Force understood that racial profiling would be dealt with more specifically by other legislation and encourages educational programming to support the ordinance. The Task Force submits these recommendations with the understanding that the City Attorney would draft legislation based upon these recommendations. It is the understanding of the Task Force that the ordinance can apply only to the Fort Collins Police Department and other city employees, and not to other law enforcement agencies working within Fort Collins. To expand recommendations beyond the City of Fort Collins would exceed the scope of this Task Force. However, the Task Force notes • for the record that there is a strong respect for Chief Harrison and his agency from community groups for being a positive participant in this process. Police Services is singled out only because they have jurisdiction, and among all law enforcement agencies, Fort Collins Police Services has been a good example. Therefore,the task force recommends: A. The Task Force recommends that the ordinance should apply to both law enforcement and non-law enforcement agencies. City employees may need to ask about immigration status to provide services. If information is needed about immigration status the employee must inform the person seeking services of the reason the information is needed. The information about immigration status shall not be released to any other agencies without the written consent of the individual seeking services. City employees were defined as those who are employed by, or volunteer for,the City of Fort Collins, including board and commission members, contract employees, and interns. B. Because law enforcement has broader authority and responsibility they should be subject to the following additional restrictions: 1. Immigration status may only be asked of suspects when it is essential to the investigation of a violation of criminal statute. It may not be asked during the investigation of traffic offenses or petty offenses. 2. It is permissible for law enforcement to inquire about immigration status when there is a bond, a warrant, or when an arrest is made and the individual has no valid identification. 3. Law enforcement officers will be prohibited from asking immigration status of witnesses and victims unless the provisions of#I or 42 apply. In addition, the Task Force recommends to the HRC that the ordinance contain, or be accompanied by, an educational component. Ongoing education and cultural sensitivity training is essential to the ordinance and to the community. Training should be for immigrants as well as for City employees, law enforcement and the community at large. As part of this, the Task Force supports a project by CSU students, Fuerza Latina and other groups to develop a"know your rights" card to be distributed to immigrants. SUMMARY In summary, the Task Force recommends that the HRC request that three or more City Council members direct staff to draft a Human Rights Protection Ordinance that meets the recommendations provided above. The Task Force cordially requests that the HRC provide Task Force members with a copy of any HRC comments and recommendations which accompany this recommendation when it is sent to City Council. Assuming that these recommendations are followed and • work begins on an ordinance, Task Force members also request they be allowed to provide input into the document drafted by the City Attorney's Office prior to it going to City Council for adoption. • • Attachment C • Report from the H.R.C. Police Subcommittee Task Force on the Police Complaint Process Task Force Members: H.R.C. Subcommittee Members: Olivia Abeyta Gonzalez Elaine Boni Jan Banks Jack Coleman Adam Bowen Caroline Tu Farley Leroy Gomez Ken Gordon Ed Levering Parker Preble Vicky Lutz Reverend Thebo Two meetings of this task force took place, one on June 21; the other on June 28. At the first task force meeting, the group discussed the charge from the City Council to "solicit feedback from community members relative to...the complaint process; and make recommendations to the City Council on how such complaint processes might be simplified or made more easily accessible, • safe and confidential." Each task force member received copies of the city code and descriptions of the complaint process and the complaint forms. On June 28, the task force discussed the complaint process and forms and then came up with the following suggestions: HOW THE COMPLAINT PROCESS MIGHT BE SIMPLIFIED: • Less verbage in the actual complaint packet(five pages). This could be intimidating to a person considering filing a complaint. • Perhaps changing the format of the process to boxes which the complainant might check off as the process progresses. This might simplify it. • On the findings notice which the complaint receives from Internal Affairs; stating that the complainant may request a review by the C.R.B. The response from the administrative investigation—Internal Affairs is seen as intimidating. Many people might be afraid to meet with the Chief of Police. • HOW THE COMPLAINT PROCESS MIGHT BE MADE MORE EASILY ACCESSIBLE: • The entire form needs to be translated to Spanish. • Forms should be available at sites with easy physical access for the disabled. • Forms should be available at other sites than; the City Manager's Office, the Police Department, the library and the Human Rights Office. SUGGESTIONS FOR PLACEMENT OF FORMS AVAILABLE TO THE PUBLIC (IN ADDITION TO THE ABOVE): Holy Family Church, Northside Aztlan Center, Disabled Resources Office; Islamic Center; Salud Health Dept; Social Services Offices, Homeless Shelters; Crossroads Safe House; Lambda Community Center; Mental Health Center; Senior Center, Wal-Mart. Information on filing a complaint should also be available on Channels 25 and 27 and in city newspapers on a regular basis. FEARS EXPRESSED AND HOW THE PROCESS COULD BE MADE MORE SAFE: • People with disabilities worry that their physical or mental difficulties might not be kept confidential, and they don't want them disclosed to their employers. • Undocumented immigrants feel threatened (Refer to the proposed Human Rights Ordinance) • Some people fear retaliation from the police. • The interview with Internal Affairs is intimidating. Complainants should be encouraged to bring along another person with them. • As part of the process, why not have an unbiased person present, as an advocate for the complainant, perhaps an ombudsman? • C.R.B. should check back with the complainant after the interview to see the response of the complainant to the process. • Internal Affairs should insure respectful treatment of complainants. HOW THE PROCESS COULD BE MADE MORE CONFIDENTIAL: • Could the complainant request a closed meeting? The police officer's name is kept secret, why not the complainants? • PROBLEMS WITH THE PROCESS NOT ADDRESSED UNDER THE CHARGE FROM THE CITY COUNCIL: • The C.R.B. shouldn't be appointed by the City Council. They should be elected from districts. • The C.R.B. should have investigative powers to conduct its own study of the incident. • Extensive training should be given to teach people how to investigate. • On-going, documented sensitivity training should be conducted by professionals for both the Internal Affairs Department and the C.R.B. This training should be open to interested people, also. • In the findings response to the complainant which forwards the complaint to the C.R.B. for its review: The report describes the C.R.B. as an "independent board". It is not independent. It is selected by and appointed by City Council. RECOMMENDATIONS FROM THE TASK FORCE: • • The Task Force would like to receive a response to their suggestions from the City Council. • The Task Force would like to continue to take an extensive look at the C.R.B. process and Police Services. Respectfully submitted by: Elaine Boni Chair of the Police Subcommittee of the Human Relations Commission • ATTACHMENT D HRC Proposed Standing Subcommittees • I EXECUTIVE Provide problem resolution of urgent issues brought to the HRC Delegate issues for resolution to standing or special committees Become informed about possible human relation issues within Fort Collins in order to take appropriate preventative action Draw up monthly meeting agenda 2 MEDIA & COMMUNITY Foster cooperative relations with local media regarding RECOGNITION HRC's vision, mission and consequent events and activities Draft necessary PSA(Public Service Announcements) Submit soapboxes, letters to the editor, articles, lists to local media and a regular column under the banner of the HRC to the Coloradoan. Present annual HRC Awards 3 EDUCATIONAL Develop and promulgate educational programs to acquaint OUTREACH Fort Collins residents with all local, state and federal civil rights ordinances, statutes and laws Promote HRC's vision and mission to the local community, civic groups, schools, neighborhood associations and • businesses Educate public regarding specific cultural, ethnic, racial, gender, age, disability or diversity specific issues through the use of forums, talk shows, articles, etc... Collaborate with other grass roots organizations to present cultural activities to the Fort Collins community 4 GOVERNMENT Manage Citizen Liaison Program RELATIONS Attend City Council meetings Foster Cooperative relations with the Citizen's Review Board Review proposed legislation, policy changes, or other governmental action at the federal, state or local level which may affect human rights in the city and make recommendations regarding the same. Monitor, update and analyze board and commission diversity data Research and recommend actions necessary to achieve 1) equal employment opportunity 2) equal housing opportunities 3) equal public accommodations • opportunities 4) the best possible Fort Collins government/community relations in all fields of governmental endeavor • TABLE OF CONTENTS CHAPTER 2 ADMINISTRATION Articles: I. In General Reserved II. City Council Div. I Generally Sec. 2-16 Nomination petition Sec. 2-17 Petition for initiative, referendum or recall Sec. 2-18 Challenges to councilmember qualifications • Div. 2 Meetings Sec. 2-26 Definitions Sec. 2-27 Official meetings Sec. 2-28 Regular meetings Sec. 2-29 Special meetings Sec. 2-30 Meeting agenda Sec. 2-31 Executive sessions Sec. 2-32 Open meetings/notice Sec. 2-33 Minutes of meetings Sec. 2-34 Place of posting Sec. 2-35 Removal from meetings • Div. 3 Appeals Procedure Sec. 2-46 Definitions Sec. 2-47 Certain appeals to be taken to City Council Sec. 2-48 Appeal of final decision permitted; effect of appeal; grounds for appeal Sec. 2-49 Filing of notice of appeal Sec. 2-50 Review of notice of appeal by City Attorney Sec. 2-51 Amended notice of appeal permitted Sec. 2-52 Cost of appeal Sec. 2-53 Record on appeal Sec. 2-54 Scheduling of the hearing Sec. 2-55 Procedure at the hearing Sec. 2-56 New evidence; scope of review; alternative actions available to the City Council; date of final action IIl. Boards and Commissions Div. I Generally Sec. 2-71 Meetings defined, open meetings required; exceptions Sec. 2-72 Notice of meetings Sec. 2-73 Minutes of meetings Sec. 2-74 Place of posting Div. 2 Affordable Housing Board Sec. 2-81 Creation Sec. 2-82 Membership; term Sec. 2-83 Functions Sec. 2-84 Officers; bylaws Sec. 2-85 Minutes; annual report; work plan • Div. 3 Air Quality Advisory Board Sec. 2-91 Creation Sec. 2-92 Membership; term Sec. 2-93 Functions Sec. 2-94 Coordination with other boards Sec. 2-95 Officers; bylaws Sec. 2-96 Minutes; annual report; work plan Div. 4 Art in Public Places Board Sec. 2-101 Creation Sec. 2-102 Membership; term Sec. 2-103 Functions • Sec. 2-104 Officers; bylaws Sec. 2-105 Minutes; annual report; work plan Div. 5 Board of Elections Div. 6 Board of Trustees of the Firefighters'Pension Plan Div. 7 Building Review Board Sec. 2-117 Creation See. 2-118 Membership; term Sec. 2-119 Functions Sec. 2-120 Officers; bylaws Sec. 2-121 Minutes; annual report; work plan Div. 8 Citizen Review Board • Sec. 2-136 Creation Sec. 2-137 Definitions Sec. 2-138 Membership; terms; training; subcommittees Sec. 2-139 Functions Sec. 2-140 Review procedures Sec. 2-141 Officers; bylaws Sec. 2-142 Minutes; annual report; work plan Div. 9 Commission on Disability Sec. 2-151 Creation Sec. 2-152 Membership; term Sec. 2-153 Functions Sec. 2-154 Officers;bylaws Sec. 2-155 Minutes; annual report; work plan Div. 10 Commission on the Status of Women Sec. 2-166 Creation Sec. 2-167 Membership; term Sec. 2-168 Functions Sec. 2-169 Officers; bylaws Sec. 2-170 Minutes; annual report; work plan Div. I Community Development Block Grant Commission Sec. 2-181 Creation Sec. 2-182 Membership; term Sec. 2-183 Functions Sec, 2-184 Officers; bylaws • DIVISION 8. CITIZEN REVIEW BOARD toot Sec. 2-136. Creation. toot There shall be and is hereby created a Citizen Review Board, hereafter referred to in this Division as the "board." (Ord. No. 76, 1998, § 1, 84-98) Sec. 2-137. Definitions. taut The following words,terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section: Deadly force shall mean force, the intended,natural and probable consequence of which is to produce death. Exonerated shall mean that the incident occurred,but the behavior of the police officer or community service officer did not violate any applicable administrative policy or law. Not involved shall mean that the police officer or community service officer was not involved in the incident. • Not sustained shall mean that there is insufficient evidence to prove or disprove the allegation. Sustained shall mean that the allegation is supported by sufficient evidence establishing that a police officer or community service officer violated one(1) or more applicable administrative policies or laws. Unfounded shall mean that sufficient evidence was present to establish that the allegation was false or not factual. (Ord. No. 76, 1998, § 1, 8-4-98) See. 2-138. Membership; terms; training; subcommittees. coot (a) The board shall consist of seven (7) members appointed by the City Council. The names of nominees for all such appointments shall be submitted to the City Council by a committee consisting of two(2)Councilmembers and the City Manager. All members shall reside within the City's urban growth area during their term on the board. (b)Each member shall serve without compensation for a term of four(4)years,except that members may be appointed for a shorter or longer term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council,with or without cause. When a vacancy occurs on • the board prior to or at the expiration of a term, the vacancy shall be filled for the remaining unexpired portion of the term or for a new term,whichever is applicable,by City Council appointment pursuant to the process described in subparagraph(a)of this Section.No member shall serve more than two(2)consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four(24)months. (c)Those persons appointed to the board shall attend and complete such training as may be developed by the City Manager, upon consultation with the Chief of Police and the Health and Safety Committee of the City Council. (d)Upon notice that an investigatory file is being forwarded to the board for review pursuant to the provisions of§ 2-140, the chairperson shall randomly select four(4)members of the board to serve as the review subcommittee. A separate review subcommittee shall be selected for each separate review. The fourth member selected to each review subcommittee shall serve as a substitute and shall participate in the review process,but shall not participate in any recommendation vote of the subcommittee unless one(1) of the other three(3)members of the review subcommittee becomes unable to participate and vote. To the extent possible, a request to reconsider pursuant to subsection(f)of§ 2-140 shall be considered and,if appropriate, reviewed by the same subcommittee members who conducted the initial review. (Ord.No. 76, 1998, § 1, 84-98;Ord.No. 225, 1998, 12-15-98; Ord.No. 93, 2002, § 2, 7-16-02) Sec. 2-139.Functions. toot The board shall have the following functions: (1)At the request of the City Manager or the Chief of Police, to make recommendations to the City Manager or the Chief of Police concerning the interpretation of police policies and procedures. (2)To review the following categories of internal investigations conducted by Police Services: a. Investigations involving police officer or community service officer use of deadly force, whether or not the use of such force actually results in death; b. Investigations initiated by the written complaint of any person involved in an incident occurring within one(1)year of said complaint, when such person alleges that: (i) a police officer or community service officer used force or discharged a firearm in violation of administrative policy or applicable law, (ii) a police officer or community service officer committed a crime,or(iii) as a result of a police officers or community service officer's act or failure to act, a person sustained severe injury or death or suffered a civil rights violation; c.Any other investigations as requested by the City Manager or the Chief of Police. • (3)To review any decision of the Chief of Police regarding the merits of any other investigation for which a review has not been conducted by the board pursuant to subsection (2)of this Section, if review is requested in writing by a person involved in the investigated incident and such person alleges police officer or community service officer misconduct occurring within one(1)year of said request. (4)To reconsider any review previously conducted by the board if the board determines that significant new information has become available which previously was not reasonably available to the board, the complainant or to Police Services. (5)Upon the request of any other public law enforcement entity operating within the City, to review the internal investigations of such entity if the matter being investigated occurred within the City. (6)To make annual reports to the City Council and City Manager concerning the activities and recommendations of the board; (7)To perform such functions as are committed to it by other ordinances or resolutions of the City. (Ord.No. 76, 1998, § 1, 8-4-98;Ord. No. 130,2002, § 7, 9-17-02) • Sec. 2-140. Review procedures. too? (a)The board, through its review subcommittees, shall conduct its reviews in accordance with the procedures contained in subsections(b)through(1)below. (b)Except as provided in subsection(k)of this Section,within forty-five(45)days of learning of an incident involving police officer or community service officer use of deadly force as specified in subsection(2)a of§ 2-139, or within forty-five(45)days of its receipt of the written complaint of any person involved in an incident when such person alleges police officer or community service officer misconduct as specified in subsection (2)b of§ 2-139, occurring within one (1)year of said complaint, Police Services shall conduct an administrative investigation, and forward the investigatory file to the board for review.This investigatory period may be extended by Police Services for not more than an additional thirty(30) days upon Police Services' written notice to the board and the complainant,which notice shall state the reason for the delay. In the event that additional time is needed in which to complete the investigation,the board may grant such additional time as it deems necessary upon good cause shown. The review by the board shall consist of examining the internal investigation file and, in the discretion of the board, meeting with the complainant,witnesses and/or police investigators. The board may also request that Police Services further investigate the matter. The board shall complete its review within forty-five(45)days of submission of the investigatory file. This review period may be extended by the board for not more than an additional thirty(30)days upon the board's written notice to the complainant and Police Services, which notice shall state the reason for the delay. Upon completion of its • review,the board shall concurrently convey any recommendations concerning the sufficiency and accuracy of the administrative investigation as conducted by Police Services and any other observations about the investigation to the City Manager and the Chief of Police.The review shall be completed and any recommendations conveyed before the Chief of Police makes a decision regarding the merits of the administrative investigation or the complaint. The Chief of Police shall not make a decision regarding the merits of the investigation or the complaint until the board has had the opportunity to convey the results of its review pursuant to the above time periods. The Chief of Police shall convey in writing his or her decision regarding the merits of the complaint to the complainant and the board within thirty(30)days of his or her receipt of the board's recommendations. (c)Except as provided in subsection (k)of this Section, within forty-five(45)days of its receipt of a written complaint alleging police officer or community service officer misconduct as specified in subsection (3)of§ 2-139,occurring within one(1)year of said complaint, made by a person involved in the incident, Police Services shall conduct and complete an administrative investigation, the results of which shall be provided in writing to the complainant in the form of a finding of not involved, unfounded, exonerated,not sustained or sustained. This investigatory period may be extended by Police Services for not more than an additional thirty (30)days upon Police Services' written notice to the complainant, which notice shall state the reason for the delay. In the event that additional time is needed in which to complete the investigation, the board may grant such additional time as it deems necessary upon good cause shown. The complainant may request that the board review the findings of Police Services if the complainant files a written request for review at Police Services or the City Manager's Office within fifteen(15) days of the complainant's receipt of the written findings.Upon receipt of a timely request for review, Police Services shall forward the investigatory file to the board for review.The review by the board shall consist of examining the internal investigation file and, in the discretion of the board,meeting with the complainant,witnesses and/or police investigators. The board may also request that Police Services further investigate the matter. The board shall complete its review within forty-five(45)days of submission of the investigatory file. This review period may be extended by the board for not more than an additional thirty(30)days upon the board's written notice to the complainant and Police Services,which notice shall state the reason for the delay. Upon completion of its review, the board shall concurrently convey any recommendations concerning the sufficiency and accuracy of the administrative investigation as conducted by Police Services and any other observations about the investigation to the City Manager and the Chief of Police. The Chief of Police shall,within thirty(30)days of his or her receipt of the board's recommendation, affirm his or her prior findings,modify his or her prior findings or adopt new findings,which shall be provided in writing to the complainant and the board in the form of a finding of not involved,unfounded, exonerated, not sustained or sustained. (d)Upon the receipt of a request to review an investigation pursuant to subsection(2)c of§ 2-139, the board's review shall consist of examining the internal investigation file and, in the discretion of the board, meeting with the complainant, witnesses and/or police investigators. The board may also request that Police Services further investigate the matter. The board shall complete its review within forty-five(45) days of submission of the investigatory file. This review period may be extended by the board for not more than an additional thirty(30) • days upon the board's written notice to Police Services,which notice shall state the reason for the delay. Upon completion of its review,the board shall concurrently convey any recommendations concerning the sufficiency and accuracy of the administrative investigation as conducted by Police Services and any other observations about the investigation to the City Manager and the Chief of Police. (e) Upon the receipt of a request to review an investigation pursuant to subsection(5)of§ 2- 139, the board's review shall consist of examining the internal investigation file and, in the discretion of the board,meeting with the complainant, witnesses and/or law enforcement investigators. The board may also request that the referring law enforcement entity further investigate the matter. The board shall complete its review within forty-five(45)days of submission of the investigatory file. This review period may be extended by the board for not more than an additional thirty(30)days upon the board's written notice to the referring law enforcement entity, which notice shall state the reason for the delay. Upon completion of its review,the board shall concurrently convey any recommendations concerning the sufficiency and accuracy of the administrative investigation as conducted by the referring law enforcement entity and any other observations about the investigation to the City Manager and the referring law enforcement entity. (0 A request to reconsider any review previously conducted by the board must contain a detailed written description of the significant new information which has become available and an explanation as to why such information was not reasonably available to the board,the • complainant or Police Services at the prior review. If the board agrees to reconsider the review, Police Services shall forward the investigatory file to the board for review. The review by the board shall consist of considering the new information, examining the internal investigation file and, in the discretion of the board,meeting with the complainant, witnesses and/or police investigators. The board may also request that Police Services further investigate the matter. The board shall complete its reconsideration within forty-five(45) days of submission of the investigatory file. This reconsideration period may be extended by the board for not more than an additional thirty(30) days upon the board's written notice to the complainant and Police Services,which notice shall state the reason for the delay. Upon completion of its review, the board shall concurrently convey any recommendations concerning the sufficiency and accuracy of the administrative investigation as conducted by Police Services and any other observations about the investigation to the City Manager and the Chief of Police. The Chief of Police shall,within thirty(30)days of his or her receipt of the board's recommendation, affirm his or her prior findings,modify his or her prior findings or adopt new findings, which shall be provided in writing to the complainant and the board in the form of a finding of not involved, unfounded,exonerated,not sustained or sustained. (g)A complainant may file a written complaint at Police Services, the City Manager's Office, the Human Rights Office of the City or at a board meeting. Upon receipt of a written complaint at a location other than Police Services,the board or receiving office shall forward the complaint to Police Services as soon as reasonably practical. In the event that a complainant is unable to complete any written complaint or request form, the board,a citizen liaison, the City Manager's Office or Police Services shall, upon the complainant's verbal • request, assist the complainant in reducing the complaint or request to writing. However,all complaint or request forms must be signed by the complainant. (h)The board and each of its members shall, to the extent required by law,maintain the confidentiality of all internal investigation files and all information and evidence received which are related to personnel matters of the City or of the referring law enforcement entity. However,the board shall allow public inspection of those portions of its recommendations that pertain to the sufficiency and accuracy of the investigation by Police Services or the referring law enforcement entity and any other aspects of the investigation that are general in nature, that do not directly identify a specific employee and that do not recommend or comment upon discipline to be considered for an employee. Pursuant to subsection(d)(2)of § 2-71,the review subcommittees shall meet in executive session for the purpose of receiving and considering evidence relating to internal investigations conducted by Police Services unless the police officer(s)or community service officer(s)against whom the complaint is filed requests that the matter be considered in open session. If such a request is made, the subcommittee shall determine the extent to which consideration and discussion of evidence will occur in open session. In making this determination, the subcommittee shall consider the extent to which the consideration and discussion will directly concern personnel matters of the officer(s), the need to maintain the confidentiality of information in circumstances where the public dissemination of the information would do substantial injury to the public interest and any other constraints upon public dissemination imposed by law. All other meetings or portions of meetings shall be open to the public at all times, except as authorized by subsection(b) of§ 2-71. (i) In the event that the Chief of Police is directly involved in the use of deadly force as specified in subsection(2)a of§2-139,or is the subject of a complaint of misconduct as specified in subsections (2)b or(3)of§ 2-139, the City Manager shall fulfill, or shall designate another person to fulfill, the Police Chiefs functions as specified in this Section. 6) In computing any period of time prescribed by this Section, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included,unless it is a Saturday,a Sunday or a city- designated holiday, in which event the period of time runs until the end of the next day which is not a Saturday, a Sunday or a city-designated holiday. (k)In the event that the actions of police officers or community service officers are being actively reviewed for consideration of criminal prosecution against said officers by the District Attorney's Office or other governmental entity which has the ability to bring criminal charges, Police Services may toll the running of any time limits for the completion of its administrative investigation until said prosecuting entity has announced that it has ceased its active review or made a charging decision,whichever first occurs. If Police Services determines that such tolling of the time limits should occur, it shall provide written notice to the board and the complainant of its decision. (1) In conducting its review of an investigation pursuant to this § 2-140, the review subcommittee may request that the City Council exercise its authority under Article 2, • Section 5(e)of the City Charter to independently investigate the subject matter of the complaint and to compel by subpoena the attendance and testimony of witnesses and/or the production of any books or documents that the City Council believes may be necessary to fully investigate the matter, and/or to retain an independent investigator to obtain and provide the City Council with such additional investigative information that the City Council may deem necessary or helpful. Such request to the City Council shall be in writing,with notice to the complainant and Police Services, and shall set forth the reasons why such independent investigation is necessary. The request for the independent investigation described in this subsection shall toll the running of any time limits for the completion of the subcommittee's review from the date of such request until the City Council either denies the request or completes its own investigation of the matter. (Ord.No. 76, 1998, § 1, 84-98; Ord. No. 17, 2000, § 2, 3-7-00; Ord. No. 130,2002, § 7, 9-17-02) Sec.2-141. Officers; bylaws. toot The board shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the board, which bylaws shall not be inconsistent with the Charter,the Code or other policies that may be established by the City Council.A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the board, and the same may be subject to the approval of the City Council. • (Ord. No. 76, 1998, § 1, 8-4-98; Ord. No. 104,2002, § 1, 8-20-02) See. 2-142.Minutes; annual report; work plan. 1W The board shall take and file minutes in accordance with the requirements of§ 2-73 of the Code. On or before January 31 of each year,the board shall file a report with the City Clerk setting forth the activities of the board for the previous year. On or before November 30 of each year, the board shall file a work plan with the City Clerk for the following year. (Ord.No. 76, 1998, § 1, 8-4-98) Secs. 2-143-2-150. Reserved. • TABLE OF CONTENTS CHAPTER 13 HUMAN RELATIONS Articles: I.In General Reserved II.Discrimination Sec. 13-16 Definitions Sec. 13-17 Discriminatory employment practices prohibited Sec. 13-18 Discriminatory housing practices prohibited; exemptions Sec. 13-19 Discriminatory public accommodation practices prohibited Sec. 13-20 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 ARTICLE I. IN GENERAL tit Secs. 13-1-13-15. Reserved. ARTICLE 11.DISCRIMINATION* toot • See. 13-16. Definitions. tORI 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. 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 of public 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. toot (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 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. tent (a)No person for any reason of discrimination shall: (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 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. tit (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. (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, §454; 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. 19-0 (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.160 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. tOW • (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 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.AW (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 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. No. 157, 2001, §2, 11-6-01) Sec. 13-25. Commencement of action in Municipal Court. tW (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 § 1-15 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.