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<br />111~ <br /> <br />Present: Mayor Anderson; Councilmen Hayward, McDonald, Beal, Purdy;,Teague and Mohr; City <br />Manager and staff; and others. <br /> <br />, <br /> <br />Committee meeting held April 7, 1969 <br /> <br />1 <br /> <br />The Mayor explained that the Council had called a special public hearing to review a proposed <br />equal opportunity ordinance submitted by the Human Rights Commission of'the city of Eugene. <br />After review and discussion, the ordinance will come before the Council for adoption or rejec- <br />tion at a subsequent meeting. <br /> <br />Dr. Norman Pott, chairman of the Human Rights Commission, introduced Commission members Erwin <br />Juilfs, Phil George, Edgar Brewer, Theo Allen, Flora Anderson, Kathy Siegmund and Art'Johnson, <br />who were present at the hearing. Dr. Pott explained the need for an equal opportunity ordin- <br />ance and how discrimination was gauged in a community. He further explained that there are <br />State and Federal laws covering discrimination, but that a local law would encourage communities <br />to do something in their area, and enable persons to be helped without traveling out of the <br />community. The City Council, by creation of a Human Rights Commission, encouraged growth of <br />equal opportunity in the community, and committed themselves to be an equal opportunity <br />employer. <br /> <br />Mr. Dominick Vetri, University of Oregon Law School, explained that work began on this ordin~ <br />ancec:about three years ago. There have been many changes and refinements to obtain an ordinance <br />with a broader reach to get directly to the problems of employment, housing and public accom- <br />modations. It goes beyond most ordinances to include sex, and would affect businesses operating <br />in the city of Eugene. It is more explicit than State or Federal legislation. Two ordinances <br />are before the Council. They are identical, with the exception that one has civil penalties and <br />the other criminal penalties. The civil ordinance will provide for conciliation and mediation, <br />but it was felt there might be a need to impose a criminal penalty in some cases. <br />" <br />Mr. Wade Gano explained themechanics of enforcement, and that the ordinance provides that the <br />City Manager employ a special investigator who will make a findings of fact and prepare evi- <br />dence concerning the alleged discrimination. A three-member panel of the Human Rights Commise <br />sion is appointed by the Chairman to determine whether the act of discrimination has occurred. <br />A compromise will be attempted at anon-public proceeding, with a final agreement made public. <br />If all attempts at conciliation fail, the City Attorney will be requested to prepare civil <br />action against the person the Commission has decided has. -committed- a discriminatory act. <br /> <br />, <br /> <br />Wendy Ray, Community Relations Officer, read the ordinance section by section with audience <br />comment after each section. <br /> <br />Mr. Bert Pinkerton, 1972 Emerald, did not understand why this matter should concern the city, <br />and did not see that there was a problem in the city of ,Eugene. <br /> <br />Mr. Ray Eaglin, 1312 Mill Street, felt the word sex should be added to chapters (a) and (b) of <br />Section 5. Mr. Gano said this was not a significant problem in this area, and that it would be <br />very difficult to write exceptions. Mayor Anderson pointed out that amendments may be written <br />in the future if problems arise. <br /> <br />Mr. Willie Mims, 313 High Street, asked what "reasonable effort" would be considere'd. Mr. Gano <br />explained that this was a'~,broad statement to allow sufficient time to consider each case. <br /> <br />I <br /> <br />Mr. Jerry Garske, 1230 West 7th, said the ordinance placed the burden of proof on the accused, <br />and asked what protection the a~cused has against being falsely accused. Mr. Gano explained <br />that this is a civil ordinance, and no burden of proof is necessary until the final adjudication, <br />and that the burden of proof is then upon the complainant. <br /> <br />The City Attorney explained that a civil action was merely a conciliatory proceeding. As far <br />as the criminal aspect, the City Attorney has to evaluate all evidence presented and prove <br />discrimination beyond a reasonable doubt. <br /> <br />Dr. Fred Schuster, 550 Kingswood Avenue, did not understand why the Human Rights Commission <br />passed on the :~validity of the complaints and also originated the legislation. Councilman <br />Mohr explained that this was a civil action where one citizen brought a non-criminal complaint <br />against another. <br /> <br />Councilwoman :Hayward explained that the Human Rights Commission is appointed by the Mayor, <br />subject to approval of the Council. The Human Rights Commission has no legislative power. The <br />City Council will adopt the legislation. <br /> <br />Mr. Art Johnson, attorney, explained that there is no adjudication by the three~man panel or <br />Human Rights Commission, only investigation and conciliation. If'theyare'tinsticcessful, it <br />will go to the City Attorney and adjudication will be made by the Court. <br /> <br />Mr. Ron Levinson, 494 Shamrock, subscribed to the ordinance, and said people had obyiously not <br />been given equal rights in the past, or such an ordinance would not be necessary. <br /> <br />t <br /> <br />Mr. Willie Mims said black people had been without this protection for 300 years, and had gone <br />to the City Council and asked for the ordinance. <br /> <br />Mr. Charles Porter" 2680 Baker Street, representing the Social Action Committee of the First <br />Congregational Church, read a letter from Mrs. Douglas Straton, Chairman, backing the ordinance.., <br /> <br />Mr. Kenneth J. Damewood, 1290 West 24th Avenue, owner of a duplex, spoke against the ordinance, <br /> <br />~ <br /> <br />4/14/69 - 7 <br />