HomeMy WebLinkAbout208 - 12/18/2001 - AMENDING CITY CODE CONCERNING APPEALS TO THE HUMAN RELATIONS COMMISSION 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. 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 subparagraph (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.
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.
-M#or
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City Clerk
Passed and adopted on final reading this 18th day of Dece ber, A.D. 2001.
Mayor __-c
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City Clerk