HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/18/2001 - SECOND READING OF ORDINANCE NO. 208, 2001, AMENDIN AGENDA ITEM SUMMARY ITEM NUMBER: 15
DATE: December 18, 2001
FORT COLLINS CITY COUNCIL STAFF:
John Fischbach
SUBJECT :
Second 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 Second 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.
Ordinance No. 208,2001,which was unanimously adopted on First Reading on November 20,2001,
extends the time limit to 50 days. The Ordinance also adds a sentence allowing 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.
AGENDA ITEM SUMMARY ITEM NUMBER: 18
FORT COLLINS CITY COUNCIL DATE: November 20. 2001FROM:
John Fischbach
SUBJECT:
First Reading of Ordinance No. 208, 2001. Amending Section 13-213 of the City Code Conceminz
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 Rela s Commission ("HRC") will hear
appeals from decisions of the City Manager that find a cause related to an alleged violation
of the Human Rights Code. As c ded, Secti ' of the City Code requires the HRC
to conduct an appeal hearin the filin appeal with the City Manager's
Office. Over the past coup years, this .3 e limit ficult to meet because the
HRC's regular meetings monthly and obta quorum special meeting is sometimes
difficult to achieve.
The HRC has r quested e 30-day time limit b tended to 50 days. This request takes the
following into derati re are sometimes as y as 35 days between regular meetings of
the HRC; e a ng need time t repare for the hearing(a minimum of 10 days
is usu ecessary); and it ge s sever s from the filing of an appeal to coordinate the
heari date and location among ies, City support staff, and the 9 members of the
HR When these factors are considered, the 30-day time limit can be difficult to meet. *The
add al time would allow for re scheduling flexibility while still ensuring a reasonably, timely
he
The e also adds a se ce which allows the HRC to adopt additional procedures for the
co. il:ct eal he uch as those regulating the appeal notices, documentary evidence.
witness sta ng procedures, burden of proof, hearing procedures, decision of the
commission on ts, 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.