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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/20/2001 - FIRST READING OF ORDINANCE NO. 208, 2001, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 18 DATE: November 20, 2001 FORT COLLINS CITY COUNCIL STAFF: John Fischbach SUBJECT: First Reading of Ordinance No. 208, 2001, Amending Section 13-23 of the City Code Concerning Appeals to the Human Relations Commission. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: Section 13-16 of the City Code provides that the Human Relations Commission ("HRC") will hear appeals from decisions of the City Manager that find no probable cause related to an alleged violation of the Human Rights Code. As currently worded, Section 13-23 of the City Code requires the HRC to conduct an appeal hearing within 30 days of the filing of the appeal with the City Manager's Office. Over the past couple of years, this 30-day time limit has been difficult to meet because the HRC's regular meetings are monthly and obtaining a quorum for a special meeting is sometimes difficult to achieve. The HRC has requested that the 30-day time limit be extended to 50 days. This request takes the following into consideration: there are sometimes as many as 35 days between regular meetings of the HRC;the parties to the appeal hearing need time to prepare for the hearing(a minimum of 10 days is usually necessary);and it generally takes several days from the filing of an appeal to coordinate the hearing date and location among the appealing parties, City support staff, and the 9 members of the HRC. When these factors are considered, the 30-day time limit can be difficult to meet. The additional time would allow for more scheduling flexibility while still ensuring a reasonably,timely hearing. The Ordinance also adds a sentence which allows the HRC to adopt additional procedures for the conduct of the appeal hearing (such as those regulating the appeal notices, documentary evidence, witness statements, pre-hearing procedures, burden of proof, hearing procedures, decision of the commission on the merits, notification of decision, as long as those procedures do not conflict with the City Code or Charter). The procedures are intended to help ensure a fair yet efficient process for the conduct of the hearing. tiY ORDINANCE NO. 208,2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 13-23 OF THE CITY CODE CONCERNING APPEALS TO THE HUMAN RELATIONS COMMISSION WHEREAS, the Human Relations Commission is a nine-member commission charged with a variety of functions; and WHEREAS, one of the functions of the Human Relations Commission is to hear appeals from decisions of the City Manager dismissing complaints alleging a human rights violation; and WHEREAS, the logistics of scheduling an appeal hearing within the current 30-day time limit imposed by Section 13-23(b) of the City Code have proven to be difficult because there are sometimes 35 days between regular meetings of the Human Relations Commission,the parties to the appeal need time to prepare for the hearing once the appeal is filed, and it generally takes several days from the filing of an appeal to coordinate the hearing date and location; and WHEREAS, the Human Relations Commission has recommended that the City Council adopt the provisions of this ordinance which will allow for a greater time in which to conduct appeal hearings and which will allow the Human Relations Commission to adopt appeal procedures that do not conflict with the provisions of the City Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 13-23 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 13-23. Investigation by City Manager; appeal. (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. WN0590ftm bed ' "mom� ��'� 1 ► �„tfie.c. t�k'ioaS' commence an appeal as preividetl in subparagraph fb3 a€tls 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. such appeal shall 6 W with he City Mnagathirty (30) days of the complain ants 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 fliirtY AM (49 V) 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. r .UWWI� 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. Introduced, considered favorably on first reading, and ordered published this 20th day of November, A.D. 2001, and to be presented for final passage on the 18th day of December, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 18th day of December, A.D. 2001. Mayor ATTEST: City Clerk Human Relations Commission CIC Room 300 W. Laporte Avenue October 11,2001,5:30-7:20 p.m. Council Liaison:'Marty Tharp Staff Liaison: Angelina Powell Phone.221-5525 Chairperson: Bob Leak Phone: 493-5809 A regular meeting of the Human Relations Commission was held on October 11, 2001 in the CIC Room, 300 W. Laporte Avenue. HRC Members present Mary Gomez,Rita Klepac,Bob Lenk, Man Oberoi, Parker Preble, Richard Miller, Shion Hung HRC Members absent Ingrid Kolstoe with notification Staff Members present: Angelina Powell, HRC Staff Liaison Greg Tempel, Assistant City Attorney I. Call to Order. The meeting was called to order by Chairperson Bob Lenk at 5:38 p.m. U. Approval of Minutes. Chair Bob Lenk asked for a motion to approve the minutes of the regular meeting held on September 13, 2001. Man Oberoi moved the minutes of September 13 be approved. Mary Gomez seconded. The commission voted unanimously to approve the minutes as written. III. Ordinance 131,2001 —Executive Session/Open Meeting Changes. On September 4, 2001, City Council adopted Ordinance 131, 2001 amending sections of the City Code related to executive sessions. Assistant City Attorney Greg Tempel reviewed revisions to the Boards & Commissions Manual relative to Executive Sessions as a result of the adoption of that ordinance. On the occasions when the Human Relations Commission needs to go into Executive Session (historically that's been to receive legal counsel (City Code Sections 2-31(a)(2))related to appeal hearings); they will follow recommendations made in the September 20, 2001 Revised Boards& Commissions Manual for how to conduct Executive Sessions. IV. Appeal Hearing Procedures. An outstanding issue of how many commissioners might be required to hear an appeal remained from the previous commission. City Code requires that the full commission conduct an appeal hearing within 30 days of receiving a complainant's request for appeal. There has been an occasion when notice of an appeal had not been received by the commission within a reasonable time. That occurrence created a hardship in scheduling a hearing within the 30 days required by Code. The majority of current commission members digressed from the previously submitted suggestion that a smaller panel conduct hearings. They believed the solution was in establishing a longer period to set a hearing date while not significantly hindering the complainant's right to due process. After much discussion,the commission agreed that they request 48 days for scheduling an appeal hearing. Rita Klepac moved,"The recommendation be made to City Council that City Code provide for 48 rather than 30 days to hold a hearing." Human Relations Commission Page 2 Rich Miller seconded. The vote was 5 to 2 in favor of the motion. (For: Bob Lenk,Rich Miller,Parker Preble, Rita Klepac,Shion Hung. Against: Mary Gomez&Man Oberoi.) NOTE (11/14/O1) After reconsideration at the HRC meeting on 11/8/O1,a different recommendation is submitted. Parker Preble moved that 50 versus 48 days be recommended as the number of days allowed to schedule a hearing. Ingrid Kolstoe seconded the motion. The motion was unanimously approved with Bob Leak,Shion Hung,Ingrid Kolstoe,Parker Preble,Man Oberoi,Rita Klepac in attendance. V. Subcommittee Reports. Diversity Subcommittee. Mary Gomez brought a computer disk with Excel spreadsheets of the available diversity data from the Board&Commission application process. • Angelina will send copies to members via interoffice mail. The Eracism Film&Discussion Series cosponsored with the Foothills Unitarian Church has been well attended. Normally 80 to 90 people are in attendance at the three films shown to date. . The showings were set for 7 p.m., Senior Center on September 16, September 23, October 7 and October 14. Police Subcommitee. Rich Miller,Rita Klepac,Parker Preble and Bob Lenk are planning to attend the next meeting of the Citizen Review Board on October 18 when honored guests Mayor Martinez, Council member Chuck Wanner, City Manager John Fischbach and Police Chief Dennis Harrison will be in attendance. The Police Subcommittee will meet immediately after the CRB in the Lobby of City Hall, 300 W. Laporte Avenue to work on the Police Subcommittee work plan. Human Relations Award Subcommittee. Chair Shion Hung would like to begin the process of planning for the 2002 Human Relations Awards. He asks that those members who are interested in participating plan to attend an organizing meeting...date to be determined later. VI. New Business. Parker Preble proposed the Commission send a letter to the Coloradoan relative to promoting the acceptance and respect for diversity and discouraging all forms of discrimination. He believes the time is right in light of the discriminatory treatment received by of some of the members of the local Islamic community following the tragedies in New York and Washing ton on September 11, 2001. Shion and Park will work on a draft and submit to the commission for their consideration. VII. Adjournment. Shion Hung made a motion to adjourn. Mary Gomez seconded. The meeting was adjourned at 7:20 p.m.