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HomeMy WebLinkAbout1426 - ORDINANCES - 10/21/1992ORDINANCE NO. 1426 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING TITLE 2 OF THE PALM SPRINGS MUNICIPAL CODE BY ADDING THERETO CHAPTER 2.45 TO ESTABLISH A HUMAN RIGHTS COMMISSION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, as follows: SECTION 1. PURPOSE. The purpose of the Human Rights Commission is to promote improved human relations, civic peace, intergroup understanding, and the full acceptance, respect and participation of all persons in all aspects of community life so that we will be equal in the eyes of each other. SECTION 2. Title 2 of the Palm Springs Municipal Code is hereby amended by adding thereto a new chapter to be numbered 2.45 and reading as follows: CHAPTER 2.45 HUMAN RIGHTS COMMISSION SECTIONS: 2.45.010 Definitions 2.45.020 Scope 2.45.030 Human Rights Commission 2.45.040 Complaint Resolution Process 2.45.050 Individual Remedies 2.45.060 Meetings 2.45.070 Severability 2.45.010 DEFINITIONS. For 'the purpose of this chapter: (1) "Commission" shall mean the Palm Springs Human Rights Commission. (2) "Conciliation" shall mean a voluntary process in which a neutral third party serves as an intermediary between the conflicting parties. The parties may or may not meet directly. (3) "Discrimination" shall mean the treatment of or distinction against a person based on the group, class or category to which that person belongs rather than on individual merit and contrary to federal, state or local law. Discrimination can include discrimination because of race, religion, color, ancestry, national origin, age, gender, sexual orientation, disability, medical condition, marital status, parental status, source of income, or any other arbitrary factor. (4) "Mediation" shall mean a voluntary dispute resolution process in which the parties in conflict meet with neutral third party in an attempt to resolve the conflict or dispute in a manner that is satisfactory to the parties in conflict. (5) "Reasonable cause" shall mean a threshold standard for the Commission to initiate a conciliation or mediation process. The standard is met when the investigation of the alleged unfair or unlawful practice produces sufficient credible evidence that would cause a reasonable person of ordinary care and prudence to conclude that the unfair or unlawful practice occurred. (6) "Unfair" shall mean not fair or conforming to fundamental notions of justice, honesty, ethics or the like. (7) "Unlawful" shall mean any policy or practice which constitutes illegal discrimination as defined in federal, state or local laws. (8) "Source of income" shall mean any source of funds obtained through lawful means, including, but not limited to, any form of government financial aid, alimony payments, or child support payments. The same financial requirements must be applied Ordinance No. 1426 Page 2 2.45.010 DEFINITIONS (Cont.) to everyone regardless of the legal. source of income,. If a person's income and credit history would be considered sufficient if it were received as a salary, it must be considered sufficient from other sources as well. Nothing in this chapter or the provisions thereof shall. be construed as prohibiting the conduct of a credit history review and the denial of a benefit or a privilege based thereon, so long as the credit review is conducted in a fair and nondiscriminatory manner. 2.45.020 SCOPE. (a) This Chapter applies to all discriminatory practices and to resulting intergroup tensions specifically covered by the provisions of this Chapter occurring within the territorial limits of the City of Palm Springs or within any governmental agency or any other agency under- the jurisdiction of the City of Palm Springs. Nothing in this Chapter, however, shall be interpreted or applied so as to create any power or duty in conflict with the preemptive effect of any federal or state law. Nor shall anything in this Chapter be implemented in a way that: overlaps already existing federal or state programs; rather, federal or state programs shall be utilized, or supplemented when necessary, appropriate, and feasible, to give effect to this Chapter. 2.45.030 HUMAN RIGHTS COMMISSION_ (a) Creation. There is hereby created within the City of Palm Springs a Human Rights Commission, consisting of nine members, appointed by the Mayor with the approval of the City Council, to serve at the pleasure of the City Council. Subject to its unfettered legislative discretion, the Council will attempt to ensure that sufficient funding and staff are provided to assist the commission in carrying out its duties and responsibilities, and to ensure that the Commission reflects the social, ethnic and cultural diversity of the community. (b) Term -Vacancies. Members of the Commission shall serve for four years, except that the term of' four of the nine persons appointed by Council upon the initial formation of the Commission shall be three years, so that all terms do not expire concurrently. Upon appointment, the Council shall designate which members shall serve for three and which for four years, and all successive terms shall be four years. The commissioners shall elect a chair from among their members. (c) Poweirs and duties of the Commission. Within the limitations provided by law, the Human Rights Commission shall: (1) Conduct programs designed to brine groups together to close gaps resulting from past discriminatory practices and to address proactively current or ongoing intergroup tensions. (2) Mediate disagreements among individuals, groups and organizations which result from discriminatory practices within the scope of this Chapter. (3) Process complaints which cannot be resolved through mediation as provided in the procedures which follow. (4) Render a semi-annual written report of its activities to the Mayor and Council. Such report shall include: a. Case histories of conciliation or mediation settlements made under this Chapter, the disclosure of which, in the judgment of the Commission, will further its objectives. b. Recommendations to the Mayor and Council of additional actions, policies, procedures or :legislation deemed by the Commission to be necessary to carry out the purposes of this Chapter. Ordinance No. 1426 Page 3 Powers and duties of the Commission. (Cont.) (5) Maintain data on practices, activities, hate crimes, and other problems which are the subject of this Chapter. (6) In addition to the other powers and duties set forth in this Chapter, the Commission shall have the power and duty to., a. Prepare and disseminate educational and informational material relating to prejudice and discrimination and recommended ways and means of eliminating such prejudice and discrimination. b. Furnish cooperation, information, guidance and technical assistance to other public agencies and private persons, organizations and institutions engaged in activities and programs intended to eliminate prejudice and discrimination. C. Consult and maintain contact with human relations agencies, other public agencies and representatives of employers, labor unions, property owners associations, professional associations, national origin groups, community organizations concerned with interracial, interreligious and intercultural understanding, social welfare organizations, and such other private organizations and institutions as the Commission shall deem advisable, to further the objectives of this Chapter. d. Advise and make written recommendations to the Mayor, City Council, and City Manager concerning the development and implementation of programs and practices for the purpose of furthering the objectives of this Chapter. If necessary, the Commission and an agency, board, or officer which the Commission is assisting shall submit timely reports of progress in establishing and implementing such programs and practices as are from time to time requested by the Mayor or Council. The commission shall not have jurisdiction over matters within the authority of other City Boards and Commissions, except under specific direction from the City Council. e. Investigate, and with the assent of the concerned parties, conciliate or mediate all incidents of discrimination within the scope of this Chapter to the extent such functions are not within the responsibilities of the California. Fair Employment Practices Commission or any federal, county, state, city or other established agency, and make specific and detailed recommendations to the interested parties as to the method of eliminating such discrimination. f. Prepare, encourage and coordinate programs based on established laws, regulations, policies, or goals to eliminate or reduce existing inequalities and disadvantages in the community resulting from past discriminatory practices. g. Refer for appropriate action any matters not resolved through conciliation or mediation to the appropriate prosecutorial or regulatory entity pursuant to Section 2.45.040. h. Request through the City Manager information, services, facilities or any other assistance for the purpose of furthering the objectives of this Chapter. i. Appoint subcommittees of members of the commission as may be required to address specific human relations problems, and/or advisory committees of members drawn from various segments of the Palm Springs population. j. Support and participate in activities which bring together various factions and viewpoints on emerging issues in a way that will help the community to resolve the issues which arise with change. Ordinance No. 1426 Page 4 2.45.040 REFERRAL & MEDIATION OF COMPLAINTS. (a) The Commission shall prescribe s form on which a complaint may be lodged by any, individual or entity that an unfair or unlawful practice of discrimination, as defined in Section 2.45.010 of this Chapter.•, has occurred. Such complaint shall be filed with the Commission under the penalty of ,perjury, and shall initiate the referral and/or mediation and conciliation powers of the Commission. (b) Upon receipt of a verified complaint, the Commission shall conduct such preliminary investigation as is necessary to determine if the allegations 'thereof fall within the jurisdiction of any federal or state agency, commission, or authority. Upon a determination that such federal or state jurisdiction exists, the Commission shall refer the complaint to the appropriate state and/or federal agency, commission, or authority, and provide notice of the receipt and referral of the complaint to i;:he complainant and the individual or entity charged in the complaint. (c) Upon receipt of a verified complaint, the Commission shall notify both the complainant and the individual or entity charged in the complaint of the availability of the mediation or conciliation services of the commission. If all parties to the complaint agree to participate in voluntary mediation or conciliation, the Commission shall then conduct such further investigation necessary to determine if reasonable cause exists to mediate or conciliate the complaint. (d) If the Commission determines that reasonable cause exists to mediate or conciliate the complaint, the Commission shall notify the parties thereto, and the Chair of the Commission shall designate one or more Commissioners to assist the parties in their efforts to mediate or conciliate the complaint. (e) In undertaking to mediate or conciliate the complaint, the Commissioner(s) may convene meetings, conferences, or such other discussions with the parties (collectively or separately) as is mutually agreed upon. The Commissioner(s) shall not undertake a formal or evidentiary hearing or maintain a written record of the conciliation or mediation proceedings. It is the purpose of this chapter 2.45 to provide an informal and non -confrontational forum for the parties to mutually resolve the complaint. Such meetings, conferences, or discussions as may be held or convened may, upon request of any party, be conducted privately with the public excluded therefrom except to the extent otherwise provided by law. (f) The Commissioner(s) may assist the parties in discussing the facts in support of or in response to the complaint, may assist the parties in negotiating a mutual. resolution to the complaint, may offer specific recommendations to the parties as to the disposition of the complaint, and may otherwise assist in the conciliation or mediation of the complaint as the parties shall mutually agree upon. (g) If the Commissioners) cannot assist the parties in resolving the complaint through conciliation or mediation, the Commissioner(s) shall declare an impasse between the parties, which declaration shall terminate the services of the Commission and its jurisdiction over the complaint. Thereafter, the Commission may advise the complainant of such appropriate or available remedies as may exist to further pursue the allegations of the complaint. (h) All parties participating in the conciliation or mediation process retain such legal or constitutional rights, privileges, and defenses, as otherwise exist in law. The participation of the Commission in the conciliation or mediation of any complaint shall. not be deemed to constitute a decision, finding of fact, judgment, or order of the Commission, nor shall any statement, recommendation, or suggestion of the assigned Commissioner(s) be binding upon or admissible in any court in any subsequent proceeding. Ordinance No. 1426 Page 5 2.45.050 INDIVIDUAL REMEDIES. Nothing in this Chapter or the provisions thereof shall be construed as granting or denying to an aggrieved individual or entity any additional right to pursue a civil action against any person, firm, partnership, association, corporation or any agency, board or officer of the City, or any action allowed under state or federal law. 2.45.060 MEETINGS. (a) The Commission shall be deemed an advisory body to the legislative body and thus be governed by all procedures of the Ralph M. Brown Act. (b) The Commission shall adopt appropriate meeting procedures so that meetings will be conducted in accordance with the Brown Act as frequently as necessary to carry out the purposes of this Chapter, but no less than once a month. (c) If a member absents him or herself without advance permission of the Commission or the City Council from three (3) consecutive meetings or twenty five percent of the duly scheduled meetings within any fiscal year, the chair shall file a certification with the City Clerk that such absences have occurred, and his or her office shall thereupon automatically become vacant and shall be filled as any other vacancy. (d) Five members shall constitute a quorum of the Commission, and any ruling, decision or other action of the Commission may be taken by a majority of those members present and voting, provided a quorum is present. SECTION 3. SEVERABILITY. If any part or provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Division are severable. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 5. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 21st day of _ October , 1992. AYES: Coucnilmembers Lyons, Reller, Schlendorf, and Mayor pro tem Hodges NOES: None ABSENT: Mayor Maryanov ATTEST: City Clerk CITY OF PALM SPRINGS, CALIFORNIA f� /r Mayor REVIEWED & APPROVED: /I/AA— v I HEREBY CERTIFY THAT the foregoing Ordinance 1426 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 21st day of October, 1992, and that same was duly published in the DESERT SUN, a newspaper of general circulation o ._ ctob�er 17 & 27, 1992. ��JUDITH SUMICH City Clerk