8.1 Amend Human Relations CITY OF SALINA
REQUEST FOR COMMI SS I ON ACT ION DATE TI ME
November 23, 981 4:00 P.M.
AGENDA SECTION: Administration ORIGINATING DEPARTMENT: APPROVED FOR
NO. 8 Human Relations Commission AGENOA:
BY: Lar~y/~/Justus , BY:
V
Honorable Mayor and City Commissioners:
The Human Relations Board is requesting changes for Chapter 11A, Article VIII,
procedures for filing and processing complaints. The reason for these changes serves
two purposes; (1) eliminate unnecessary steps in the procedures and (2) clarify terms
and conditions of the process:
Under the proposed revision we have interchanged Secti~on 11A-72(4) for 11A-72(5).
11A-72(4) now reads:
Sec. 1iA-72(4). Upon complet±on of the ±nvest±gat±on, two(2)
Oo~ma±ss±oners w±11 be ass±gned by the Cha±rman to detez-m±ne
whether 9robable cause exists based on the ±nvest±gat±on
documentat±on.
The word "D±rector" has been eliminated and replaced with the phrase "~o(2)
~ttman Relat±ons comm±ss±oners." Reason: This would allow more than one opinion in
determining whether or not probable cause exists based on'the Director's investigation.
Section 11A-72(5) reads:
Sec. 11A-72(5). A reBo~t on status o~ invest±gat±ohs shall
~emade by the D±~eJtor to the C±t¥ Ma~age~ and to the
gat±~g Com~n±ss±oners with±n th~t~(30) da~s, a(te~ o~iginal
~ece~t o~ the co~plai~t, ~ov~ded that if ~omatio~ ~e~uested
5as ~ot bee~ obta~eO ~om the ~es~ondent, the Be~iod o~ time ma~
be extended, ~ot to exceed thi~t%(30) da~s, i~ which to make
5is ~e~o~ts.
The word "~no~ngs" has been eliminated and replaced with "status." Reason:
Section 11A-72(4) states that two(2) Commissioners are to make the finding. The
Director no longer makes the finding of probable or no probable cause. The Director's
investigation report would contain information that has been documented based on
the Complaina~'s alleged charges.
Section 11A-72(7) is now 11A-72(6). There are no ,changes. It reads:
sec. 11A-72(6). z~ it is dete~ineO that B~oha51e cause
exis.ts ~o~ c~eOiti~g the allegations o~ the comBlai~t, the
Di~ecto~ shall p~omBt1% en~eavo~ to eliminate the
disc~imi~ato~ act o~ ~actice. ~he Di~ecto~ shall not make
CO~ISSION ACTION
~TION 8Y SECOND
TO:
CITY OF SALINA
R~OUEST FOR COMMISSION ACTION DATE TIME
November 23, 1981 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
AGENDA:
NO. Human Relations Commission
· BY: ...
(Page 2)
pu51i¢ the details of $u05 conciliatory proceedings, bat 5e
may publi$5 the terms of any conciliation agreement.
Section 11A-72(7) has been clarified:
Sec. 11A-72(7). Failure to arrive at a satisfactory adjust-.
ment within fifteen(15) days after the respondent is notified~
in writing of a finding of probable cause may constitute
sufficient reason for the Department to judge efforts at con-.
ference and conciliation to be a failure.
Reason: This allows the Director a reasonable time to conciliate the matter without a
oublic hearing.
Section ~11A-72(8) now reads:
Sec. 11A-72(8). If the Director or his staff succeed by
c6nference and conciliation, an agreement shall be prepared
setting terms and conditions of the agreement. The terms
of such conciliation agreement may include any promises and
remedies which may be ordered by ~he Commission, and including
a provision for entry in court of a consent decree enbodying
terms of the conciliation agreement.
Reason: When the case has been successfully conciliated and the Complainant and'
Respondent agree on terms and conditions, the Director cab close the case as a satisfac-
tory adjustment.
In Section 11A-72(9), the only change is the number of Co~issioners serving on the
hearing panel. This has been reduced from five(5) to three(3). It reads:
Sec. 11A-72(9). Upon receipt of.a written request from either
the complainant or respondent for a public hearing, the Chairman
of the Commission or in his absence the Vice-Chairman, shall
within five(5) days designate three(3) Commissioners to conduct
such public hearing. Such public hearing shall be held after
reasonable notice to all parties of the time and place thereof,
but within fifteen(15) days of receipt of the written request.
for the hearing.
COMMISSION ACTION
MOTION BY SECOND BY
TO:
CITY OF SALINA
REQUEST FOR COMMI SS ION ACTION DATE TIME
November 23 1981 4:00 P.M.
AGENDA SECTION: ORIGINATi NG DEPARTMENT: APPROVED FOR
AGENDA:
NO. Human Relations Department
B BY:
(Page three)
:Section 11A-72(10) is the same.
Section 11A-72(11), the words "be ava±lable" have been eliminated and replaced with
"s5all prov±de." Reason: This change is to clarify the City Attorney's or his Assis-
tant's role with the Commission durin9 a public hearing. It reads:
Sec. 11A-72(11). The City Attorney or his assistant shall
provide legal counsel to the hearing panel. In the event
the complaint is against the City of Salina or any of its
officials or employees, the hearing panel will be represented.
by other legal counsel, for such assistance.
Section 11A-72(12) and 11A-72(13) reads the same.
Section 11A-72(14) has-been changed to clarify corrective procedures in a probable
cause finding. Those clarifications begin with:
(~) Cease and sesist: Directing the respondent to cease
and desist from such unlawful practice~ and
(b) is the same except for the addition of the phrase, "of the law",
(b) Issue such orders in writing ~s the facts warrant. Such
order may require the the respondent to cease and desist
from such unlawful acts or practices ~nd to take such
affirmative action as necessary to comply with the pro-
visions of this chapter, including a requirement for
a report or reports of the manner of compliance of the
law; and
(c) and (d) spell out the types of damages:
(c) Compensatory damages: Awarding of compensatory damages
to the person aggrieved by such practices as will effect:-
uate the purpose of the law; and
(d) Punitive damages: Awarding of punitive d~/nages to the
persons aggrieved by such practices, 'as will effectuate
the purpose of the law;
COMMISSION ACTION
~IOTION 8Y SECOND BY
TO:
CITY OF SALINA
R~OUEST FOR COMMISSION ACTION OAl~ TIME
November 23 19~1]~ 4:00 P.H.
AGENDA SECTION: ORIGINATING OEPARTMENT: APPROVED FOR
AGENOA:
NO. Human Relations Commission
BY': Lar~v./p[ ~stus @Y:
(Page Four)
Section 11A-72(15) is a new SectiOn that explains the situation of' a "no probable
cause finding" by the hearing panel:
Sec. 11A-72(15). If the Commissioners conducting said hearing
conclude, by a majority vote, that the respondent has, in
their opinion, not engaged in unlawful discriminatory acts or
practices as alleged in whole or in part by the complainant,
they shall make a ~inding of No Violation, and shall issue
an order based on such findings dismissing the complaint to
such respondent.
Section 11A-72(16) reads the same.
The Human Relations commission has worked with our City Attorney, L. O. Bengston,
for the legal interpretation of these proposed changes. He has assured the Human
Relations Cdmmission that everything is legal and ~proper.
COMMISSION ACTION
MOTION BY SECOND BY
TO:
ORDINANCE NUMBER 81-8889
(Published in The Salina Journal
, 1981)
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTION llA-72 PERTAINING
TO THE PROCEDURE FOR PROCESSING COMPLAINTS, AND REPEALING THE EXISTING S£CTION.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. That Section 11A-72 of the Salina Code is hereby amended
to read as follows:
"Section llA-72. Procedures for processing complaints.
Procedures for processing the complaint shall be in accordance
with the following:
Zee. 11~-72(1). The Human Relations Department shall maintain a
docket of all legally filed complaints, and each complaint, as
initiated, shall be assigned an appropriate designation.
See. ~-7£(£). The Director shall promptly notify the respondent
by certified mail that a complaint has been filed. Such notice shall
include: The name of the complainant; the date the complaint was
filed; nature of the complaint and that the Director or a member of
his staff will, as soon as possible, proceed with processing of the
complaint.
Zee. ~-?~($). The Director shall make, with the assistanca of
his staff, a prompt and full investigation of the alleged unlawful act
or practice.
Zee. ~-7~(~). Upon completion of the investigation, two (2) '
Commissioners will be assigned by the Chairman to determine whether
probable cause exists based on the investigation documentation.
Zee. ~-?£($). A report on status of such investigation shall
be made by the Director to the City Manager and to the investigating
Commissioners within thirty (30) days after original receipt of the
complaint, provided that if information requested has not been ob~:ained
from the respondent, the period of time may be extended, not to exceed
thirty (30) days, in which to make his reports.
Zee. ~-?~(~). If it is determined that probable cause exists
for crediting the allegations of the complaint, the Director shall
promptly endeavor to eliminate the unlawful discriminatory act or
practice. The Director shall not make public the details of such
conciliatory proceedings, but he may publish the terms of any
conciliation agreement.
See. ~-?£(7). Failure to arrive at a satisfactory adjustment
within flfteen (15) days after the respondent is notified in writing
of a finding of probable cause may constitute sufficient reason for
the Department to ~udge efforts at conference and conciliation to be a
failure.
Sec. ~-?~($). If the Director, or his staff, succeed by
conference and conciliation, an agreement shall be prepared setting
terms and conditions of the agreement. The terms of such conciliation
agreement may include any promises and remedies, for retroactive,
present or future effect, including all remedies which may be ordered
by the Commission, and including a provision for entry in court of a
consent decree embodying terms of the conciliation agreement.
Sec. 11A-72(9). Upon receipt of a written request from either
the complainant or respondent for a public hearing, the Chairman of
the Commission or in his absence the Vice-chairman, shall within five
(5) days designate three (3) Commissioners to conduct such public
hearing. Such public hearing shall be held after reasonable notice to
all parties of the time and place thereof, but within fifteen (15;)
days of receipt of the written request for the hearing.
Sec. 11A-72(10). The Commission shall adopt such rules and
procedures for conducting public hearings as it deems necessary and
appropriate.
Sec. 11A-72(11). The City Attorney or his assistant shall
provide legal counsel to the hearing panel. In the event the
complaint is against the City of Salina or any of its officials or
employees, the hearing panel will be represented by other legal
counsel for such assistance.
Sea. 11A-72(12). The Commission, on its own initiative, may at
any time during the course of the investigation, or subsequent t~ereto,
order a public hearing.
Sea. 11A-72(13). 8oth the complainant and respondent shall
within five (5) days of completion of the public hearing be notified
by certified mail of the results of such hearing.
Sec. 12A-72(24). If the Commissioners conducting said hearing
conclude, by a majority vote, that the respondent has,,in their
opinion, engaged in unlawful discriminatory acts or practices as
alleged in whole or in part, by the complainant, the reviewing board
shall exercise any of the following options or a combination of the
same.
(a) Cease and desist: Directing the respondent to cease
and desist from such unlawful practice; and
(b)
Issue such orders in writing as the facts warrant.
Such order may require the respondent to cease and
desist from such unlawful acts or practices and to take
such affirmative action as necessary to compiy with the
provisions of this chapter, including ~ requirement for
a report or reports of the manner of compliance of the
law; and
Compensatory damages: Awarding of compensatory damages
to the person aggrieved by such practice, as will
effectuate the purpose of the law; and
(d)
Punitive damages: Awarding of punitive damages to the
persons aggrieved by such practices, as will effectuate
the purpose of the law.
Sec. 11A-72(15). If the Commissioners conducting said hearing
conclude, by a majority vote, that the respondent has, in their
opinion, not engaged in unlawful discriminatory acts or practices as
alleged in whole or in part by the complainant, they shall make a
finding of No Violation, and shall issue an order based on such
findings dismissing the complaint to such respondent.
Sec. 11A-72(16). Failure to comply with or violation of any
conciliatory agreement entered into by the complainant or respondent,
or failure to comply with any order issued by the reviewing board
shall be cause for the Commission to request the City Attorney or
other legal counsel which they have retained in the case to undertake
and proceed with appropriate legal action."
Section Z. That the existing Section I1A-72 of the Salina Code is
hereby repealed.
Section 3. This ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
Introduced: November 23, t981
Passed: December 7, 1981
(SEAL)
ATTEST:
Merle A. Hodges, M.D., Mayor
D. L. Harrison, City Clerk