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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/16/2001 - FIRST READING OF ORDINANCE NO. 157, 2001, AMENDING 10 AGENDA ITEM SUMMARY ITEM NUMBER: 15 DATE: October 16, 2001 FORT COLLINS CITY COUNCIL STAFF: Diane Jones SUBJECT: First Reading of Ordinance No. 157, 2001, Amending Sections 13-23 and 13-24 of the City Code Concerning the Enforcement and Conciliation of Human Rights Violations. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: The City's Human Rights Code(Chapter 13 of the City Code)currently limits conciliation efforts by the City Manager. The City Manager has delegated his role under the Human Rights Code to the City's Human Rights Resource and Education Office. Conciliation is only authorized after the City Manager makes a finding of probable cause and any conciliation effort must be completed within 90-days of the filing of the complaint by a citizen alleging discrimination. Most cases that come into the Human Rights Resource and Education Office have to do more with miscommunication than with criminal misconduct. The current Human Rights Code assumes an adversarial situation and uses a litigious approach. By changing the Code to allow the Human Rights Resource and Education Office to work towards conciliation immediately after the filing of a complaint, the dispute may be resolved more quickly and more amiably. This will save time for both parties, contribute to a more civil community, and match with the goals of the City and the Human Rights Resource and Education Office. Reaching a conciliation is more important than an artificially imposed timeline. Encouraging conciliation instead of litigation is based more on a restorative justice model and should generate more contacts, help more people, and give the Human Rights Resource and Education Office, and therefore the City, a better standing in the community. The proposed changes will allow conciliation to occur at an earlier point in the complaint process (upon the filing of a complaint instead of upon completion of the investigation and a finding of probable cause) and will remove the 90-day time limit on reaching a conciliation. Additionally, since it is still important to reach a conclusion to the complaint if conciliation is not possible, a 120-day time limit from the filing of the complaint for a probable cause determination has been added. This 120-day limit may be extended if the investigator needs more time to complete the investigation and providing the complainant consents to the extension. If the Human Rights Resource and Education Office does not meet this 120-day deadline and does not get the complainant's consent to an extension then the complaint will be deemed dismissed . with a finding of no probable cause and the complainant can appeal to the Human Relations Commission in the same manner as would be possible if there was an actual finding of no probable cause within the time limit. Currently,the Code does not provide a time limit for a probable cause determination, only a 90-day limit on conciliation. ORDINANCE NO. 157, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 13-23 AND 13-24 OF THE CITY CODE CONCERNING THE ENFORCEMENT AND CONCILIATION OF HUMAN RIGHTS VIOLATIONS WHEREAS,the City Council has previously adopted a human rights code at Chapter 13 of the City Code; and WHEREAS, the human rights code currently limits the City Manager from beginning any conciliation efforts between the parties until after an investigation has been conducted and a finding of probable cause has been made by the City Manager; and WHEREAS, the human rights code currently sets a maximum period for reaching a conciliation agreement of ninety(90)days from the date of the City's receipt ofthe initial complaint; and WHEREAS, conciliation opportunities may arise at any point in the complaint process and the opportunities to explore conciliation between the parties should not be unduly limited,providing complaints are investigated in a timely manner. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO as follows: Section 1. That Section 13-23 of the Code of the City of Fort Collins is 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. The City Manager shall render a probable cause determination within one hundred,tweidy(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 thatthe complaint has been dismissed without fmat 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 ofthe 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 1 6JF. (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 be perfected by filing a notice of appeal 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 thirty(30)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. 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. Section 2. That Section 13-24 of the Code of the City of Fort Collins is amended to read as follows: Sec. 13-24. Conciliation. (a) If-, aRer in-vestigation, the Gity Manager determines that there is probable ------ to believe that - violation has aeeumd, he or she -tall 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 2 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. the meMer im been submitted for review by- another ageney, the date of the eity's reeeipt of mtiee fiorn sueh other ageney that the eernplaint ho been dismissed the eamplaii-A. Introduced, considered favorably on first reading, and ordered published this 16th day of October, 2001, and to be presented for final passage on the 6th day of November,A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 6th day of November, A.D. 2001. Mayor ATTEST: City Clerk 3