HomeMy WebLinkAboutAdmin Order 44-94-10-F
Administrative Order No. 44-94-10-F
of the
City Manager of the City of Eugene, Oregon
ESTABLISHING HUMAN RIGHTS GUIDELINES AND PROCEDURES
ADMINISTRATIVE RULE R-4.613.
The City Manager of the City of Eugene finds that:
A. Upon finding that discrimination on the basis of race, religion, color, sex, national
origin, marital status, familial status, age, sexual orientation, source of income and disability
exists within the city and poses a substantial threat to the health, safety and general welfare of
the citizens of Eugene, the City Council adopted revisions to the City's human rights code
provisions, Sections 4.613 to 4.655 of the Eugene Code, 1971.
B. As stated therein, it is the City Council's intent that all persons have an equal
opportunity to participate fully in the life of the city and that discriminatory barriers to equal
participation in employment, housing and public accommodations be removed in the least
restrictive manner possible through a process which focuses on mediation and education as a
preferred alternative to traditional enforcement.
C. Pursuant to the authority of Sections 2.019 and 4.613 to 4.655 of the Eugene
Code, 1971 and the findings hereinafter set forth, I hereby adopt Human Rights Guidelines and
Procedures Administrative Rule R-4.613 that provides as follows:
Human Rights Guidelines and Procedures
Administrative Rule R-4.613
R-4.613-A Definitions.
As used herein, the following words and phrases mean:
Bureau of Labor and Industries (BOLl). The Civil Rights Division of the Oregon
Bureau of Labor & Industries.
Discrimination. A different and unequal treatment because of race, religion, color, sex,
national origin, martial status, familial status, age, sexual orientation, source of income or
disability.
Human Rights Office (HRO). The office and staff of the Eugene Human Rights
Commission, including the Human Rights Analyst.
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Mediation. A voluntary process in which a mediator assists two or more parties in a
controversy to reach a mutually acceptable solution.
Public Accommodation. Except for an institution, bona fide club, or place of
accommodation which is in its nature distinctly private, any place or service offering to the
public accommodations, advantages, facilities or privileges whether in the nature of goods,
services, lodgings, amusements or otherwise.
Source of Income. The means by which a person supports himself or herself and his or
her dependents, including but not limited to money and property from:
(a) Any occupation, prof~ssion, activity, contract, settlement or agreement;
(b) Federal or state payments;
(c) Court-ordered payments;
(d) Gifts, bequests, annuities, life insurance policies and compensation for
illness or injury,
but excluding any money or property derived in a manner made illegal by any law, statute or
ordinance.
R-4.613-B
Public Education.
The City's Human Rights Analyst shall assist the Human Rights Commission in the
development of a plan to educate the community regarding the purpose, provisions and process
of the City's Human Rights Code provisions and the nature of discrimination within the City.
R-4.613-C Responsibility for Code Administration.
1. Except as otherwise specifically provided, the City's Human Rights Analyst is
designated as the staff member responsible for the administration, implementation and
enforcement of the City's Human Rights Code provisions and these rules.
2. The Human Rights Analyst may designate staff within the City's Human Rights
Office to assist in such administration, implementation, or enforcement, including such assistance
as may be required by any entity with which the City Manager contracts with for such services.
3. Questionnaires submitted pursuant to R-4.613-D-4 and 5 shall be filed with and
processed by the City. Questionnaires to be filed as complaints with enforcement agencies must
be filed with the agencies by the person alleging the discrimination, and the City assumes no
liability or responsibility in connection with such filing.
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R-4.613-D Procedures.
1. Informal Inquiries. The Human Rights Office (HRO) shall respond to inquiries
regarding the City's Human Rights Code provisions, and make information available regarding
an individual's rights under federal, state and municipal law. These rules govern the procedures
applicable to alleged violations of Sections 4.613 to 4.655 of the Eugene Code, 1971, and
nothing contained herein shall in any way limit or restrict an individual's right to pursue a
complaint under federal or state law with any other agency or entity.
2. Intake Questionnaire.
2.1 All persons contacting the City's HRO will be requested to complete an
intake questionnaire, in substantially the form as provided in Appendix A hereto, which
is available from the HRO. Upon request, the HRO will provide assistance in completing
the form. A properly excecuted intake questionnaire shall be the document filed under
subsection 2.2 below.
2.2 Upon receipt of a completed form, the HRO shall review the questionnaire,
compute the time within which the individual must file the form as a request for
mediation or complaint with an enforcement agency, apprise the individual of that date,
and determine whether the person wishes to:
2.2.1 Have a copy of the questionnaire placed of record with the HRO,
with no further action taken thereon other than as set forth in section 4; or
2.2.2 File the form as a request for mediation with the HRO, if within
the one year time limitation set forth in subsection 3 below; or
2.2.3 File the form as a complaint with an enforcement agency, if within
the one year time limitation set forth in subsection 3 below; or
2.2.4 File the form as a request for mediation and as a complaint with an
enforcement agency, if within the one year time limitation set forth in subsection
3 below.
However, a request for mediation will not be accepted by the HRO if the time limitations
set forth in subsection 3 below will expire prior to the time within which mediation can
occur, unless the person files a copy as a complaint with an enforcement agency at the
same time or signs a written waiver acknowledging they are aware they will lose the right
to file an enforcement complaint hereunder if the time limitation expires before mediation
is completed.
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3. Time Limitations on Filing. A request for mediation or a complaint with an
enforcement agency must be filed within one year from the date the alleged unlawful practice
occurred. If the alleged unlawful practice is of a continuing nature, the limitation period shall
not commence to run until the unlawful practice has ceased. Although the City encourages
resolution of disputes through mediation, filing a request for mediation will not constitute a
timely filing for purposes of filing a complaint with an enforcement agency. At the time the
intake questionnaire is processed the HRO shall insure that all persons filing mediation requests
are aware of the time within which a complaint with an enforcement agency must be filed if they
wish to preserve their right to do so, and that such complaints may be filed at the same time as
the mediation request.
4. Informal Review. If an intake questionnaire is filed with the HRO under
subsection 2.2.1 above, the Human Rights Analyst shall contact the person alleged to have
committed the unlawful practice, apprise the person of the nature of the allegations, and that the
person initiating the complaint does not intend to pursue further action at the present time. A
copy of the intake questionnaire shall thereafter be forwarded to the individual, together with
information concerning the City's Human Rights Code provisions and the public education
resources available through the HRO. The person may, but is not required to respond to the
allegations, and any such responses shall become a part of the HRO' s records.
5. Mediation.
5.1 Within ten working days from receipt of an accepted mediation request,
the HRO shall notify the other party of the alleged claim of discrimination, and the
request for mediation. The notice shall advise the party that mediation is voluntary, and
that the person requesting mediation may also pursue the matter through filing a
complaint with an enforcement agency.
5.2 The notice shall request that the party notify the HRO, within five working
days from the date of the notice, whether the request for mediation is accepted. If the
party rejects mediation, or fails to respond to the notice within the required time, the
mediation request shall be dismissed. The notice shall also advise the party that a written
response to the allegation may be forwarded to the HRO, even if the party rejects
mediation, and any such response shall become a part of the record if a complaint with
an enforcement agency has been or is subsequently filed.
5.3 If the other party accepts the mediation request, the HRO shall, within five
working days from receipt of notification, forward a notification to both parties of the
identity of the mediator and the date on which mediation will occur, which shall not be
later than 60 days from the date the initial request was filed. Both parties will be
provided information concerning the mediation process, which is informal, and not open
to the public.
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5.4 If a settlement of the dispute is achieved through mediation, the mediator
shall return to the HRO a case disposition notice, and the matter shall become final when
filed with the City's Human Rights Commission.
5.5 In the event either party fails to appear at the time mediation is scheduled,
or the mediation does not result in a settlement of the dispute, the mediation request will
be dismissed.
5.6 The costs and expenses of the mediation shall be borne by the City.
6. Complaint with Enforcement Agency. Any person may file a complaint alleging
discrimination under Sections 4.613 to 4.655 of the Eugene Code, 1971 directly with the Bureau
of Labor & Industries (BOLl), or such other entities with which the City may contract, or may
secure and complete the intake questionnaire form from HRO in the manner set forth in
subsection 2 above. Although the HRO will provide assistance in completing forms if requested
to do so, it remains the responsibility of the person initiating the complaint to ensure appropriate
forms are completed and filed with the enforcement agency in a timely manner.
7. City Contracting Provisions. The Human Rights Analyst shall be responsible
for enforcing the provisions of Sections 4.613 to 4.655 of the Eugene Code, 1971 with respect
to those persons, except for local, state or federal units of government or their officials, from
whom the City purchases goods and/or services costing more than $2,500 or more in any fiscal
year. The HRO will initiate an investigation of a contractor or subcontractor upon receiving a
complaint of an alleged violation of Section 4.625(1) or 4.625(2). Upon a finding by the HRO
that such violation has occurred, the HRO and Contract Administrator shall determine whether
the principal contract should be suspended, cancelled or terminated in whole or in part, and/or
whether any funds due or to become due the contractor should be withheld, pending compliance
with such sections.
8. Review. The HRO shall prepare an annual evaluation of the activity hereunder,
that will include the number of contacts, the number of cases, how the cases were resolved, and
a summary of the results and surveys. The evaluation will.be forwarded for review to the
Human Rights Commission and the City Council.
Public notice of this proposed Human Rights Guidelines and Procedures Administrative
Rule R-4.613 was given by making copies thereof available to any person who had requested
such notice and by publication thereof in the Register Guard, a newspaper of general circulation
within the City for at least five days, to-wit, on December 12, 13, 14, 15, and 16, 1994,
providing interested persons an opportunity of not less than 15 days to submit written data or
comments thereon.
One written comment was received from Michael C. Jaskilka, Pastor of the Berean
Baptist Church, to which I make the following finding:
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Comment: Pastor J askilka expressed a belief that churches should be exempt
from the application of the City's human rights ordinance and requested that the rules
implementing the ordinance be amended by adding "The city will not consider any
complaints alleging discrimination by churches or affiliated schools." to R-4.613-C.
Finding: Sections 4.613 to 4.655 of the Eugene Code, 1971 establish the City's
Human Rights provisions, and the exemptions thereto. These rules are adopted to
implement those Code provisions. The exemption requested by Pastor J askilka is not
consistent with the exemptions provided in the Eugene Code, 1971, and cannot therefore
be established by rule.
On the basis of the above finding, no further revisions are required, and Human Rights
Guidelines and Procedures Administrative Rule R-4.613 as contained herein is adopted.
Dated and effective this -.ll.:t.~ay of Janua ry
, 1995.
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City Manager
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