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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 PhTTEST:—I�LUL)� — City Clerk Passed and adopted on final reading this 18th day of Dece ber, A.D. 2001. Mayor __-c ATVS City Clerk