HomeMy WebLinkAboutItem 6: Ordinance on the Human Rights Commission
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: An Ordinance Concerning the Human Rights Commission and Amending
Sections 2.013, 2.265, 2.270, 2.275 and 2.280 of the Eugene Code, 1971
Meeting Date: November 28, 2011 Agenda Item Number: 6
Department: Central Services Staff Contact: Raquel Wells
www.eugene-or.gov Contact Telephone Number: 541-682-8439
ISSUE STATEMENT
The proposed ordinance amends sections 2.013, 2.265, 2.270, 2.275 and 2.280, and would update the
commission’s structure and focus. A public hearing on the ordinance was held on November 21, 2011.
No other changes to the Human Rights Code are affected by the proposed ordinance.
BACKGROUND
Earlier this year, staff and members of the Human Rights Commission began a community outreach
project to look at potential improvements to the City’s current human rights system. Broad input from
commissioners, staff and key stakeholders was needed to build understanding of:
the commission’s role with the Mayor and Council, City staff, and the community;
best practices, needs and trends that impact the City’s role and practices around human rights; and,
models for an effective and efficient structure to support the City’s human rights goals.
The Human Rights Listening project has been a six-month, intensive project with several phases. The
project was overseen by a project team with equal representation from commissioners and City staff.
The project reached over 600 community members to understand their views on the current status of
human rights within the Eugene community and what they would like to see the commission and City of
Eugene focus efforts on. Special outreach specifically to youth (14-24), immigrant communities, and
community members who are currently un-housed were a priority of this project.
Listening sessions included perspectives from and about accessibility, housing, communities of color,
elected officials, City staff, and the general public. All of the information gathered from surveys,
stakeholder interviews, focus groups, listening circles, and community events was compiled and
provided to University of Oregon Community Planning Workshop whose members performed an
independent analysis of the comments received. Staff researched other municipal models to help guide
an understanding of national best practices. All of the information provided a clear picture of some of
the key issues to be addressed or considered.
A “think tank” representing current and past Human Rights commissioners, current and past human rights
staff, key community stakeholders, and City staff reviewed findings. The group then shared ideas for what
opportunities or solutions might be considered by the commission and staff, with items divided into three
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areas: 1) items that required City of Eugene council direction or ordinance changes; 2) items that should
be considered for Human Rights Commission work planning; and 3) items that should be given to the City
Manager and staff for consideration. Human Rights commissioners, committee members and staff refined
the recommendations. These items are the focus of this work session. They are:
Updating language in Chapter 2 of Eugene Code
The current language is about 20 years old and needs to be updated to align with current
o
human rights city efforts moving from a civil rights to human rights framing.
Commissioners and community members would like the council to consider updating the
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overall introduction in Chapter 2 to reflect current human rights work and conditions. A
human rights orientation moves the ordinance from a civil rights only focus to an
inclusive, broader framework.
Size of the Human Rights Commission
Feedback from commissioners and think tank members is that the current size of the
o
commission is too large and the City of Eugene should consider reducing the size to
increase effectiveness. Case study research shows nationally there is an average of 9-11
members for similar commissions in other communities.
The commission would like the council to consider reducing the commission to 10
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community members and one city councilor.
Current commission has four standing subcommittees codified in Eugene Code
Feedback from commissioners and community members clearly asks for the commission
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to be nimble and to tie task team and subcommittee work to the current work plan.
Maintaining the current structure is neither sustainable nor effective.
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The commission would like council to consider repealing provisions for the four
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subcommittees. These groups would be established as needed, on a short-term basis, to
support adopted work plans. An accessibility committee would be created as a
department advisory committee to work directly with departments and City staff on the
broad range of accessibility challenges.
Effective commission appointments
Feedback from commissioners and community members is that more focus on the
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recruitment and appointment process is critical to the commission’s success.
There is a strong desire to increase the commission’s role in supporting council in making
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effective appointments.
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The commission would like council to consider a code change that requires the HRC to
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perform an initial review of potential applicants and make recommendations to the
council. The council approves all appointments.
RELATED CITY POLICIES
Council outcomes for advisory groups include:
Board, commission & committee member development
o
Potential outcome: Advisory group members are effective and feel satisfied because they
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have the training and support to be successful contributors – both before becoming
candidates for board and commission vacancies and following their appointments.
Human Rights Commission FY12/13 Work Plan
Diversity & Equity Strategic Plan Goal 1.6
– City of Eugene develops a plan for an organizational
human rights framework
City Code Chapter 2
.013 and Chapter 4.613
COUNCIL OPTIONS
1.The City Council can vote to approve the ordinance, updating the Human Rights Commission
Ordinance.
2.The City Council can vote to not approve the ordinance, leaving the old ordinance in place.
3.The City Council can vote to amend the ordinance, changing the scope of the changes.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends that the City Council vote to approve the ordinance (option 1 above),
based on the comments received in support of the changes at the November 21 public hearing as well as
the recommendation from the Equity and Human Rights staff.
SUGGESTED MOTION
Move to approve Council Bill 5057 concerning the Human Rights Commission and amending Sections
2.013, 2.265, 2.270, 2.275 and 2.280 of the Eugene Code, 1971.
ATTACHMENTS
A.Proposed Ordinance
FOR MORE INFORMATION
Staff Contact: Raquel Wells
Telephone: 541-682-8439
Staff E-Mail: raquel.c.wells@ci.eugene.or.us
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ORDINANCE NO. ________
AN ORDINANCE CONCERNING THE HUMAN RIGHTS COMMISSION
AND AMENDING SECTIONS 2.013, 2.265, 2.270, 2.275 AND 2.280 OF
THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
entry set forth in the listing of
Boards, Commissions and Committees of Subsection (1) of Section 2.013 of the
Eugene Code, 1971, is amended to provide as follows:
2.013 City Council - Boards, Commissions and Committees.
(1)
Except for boards, commissions or committees established pursuant to
ordinance, state statute, or intergovernmental agreement, the following
are the presently constituted boards, commissions and committees of
the city with the number of members and names of the appointive
authority indicated thereafter, together with the term and the authority
for such board, commission or committee:
Human Rights Commission
10 Community members
No. of Members: [14 Citizens]
1 Councilor or the Mayor
Commission reviews applications
Appointment Process:
and makes recommendations to
Council;
Council appoints
Term: 3 years
Authority: EC 2.260
Section 2.
Sections 2.265, 2.270, 2.275 and 2.280 of the Eugene Code, 1971,
are amended to provide as follows:
2.265 Human Rights Commission - Duties and Powers.
(1)
The commission shall affirm, encourage and initiate programs and
community and advise and support of
services within the city
Eugene services
designed to [eliminate discrimination, improve human
relations, and effectuate the spirit and intent of applicable human rights
legislation. In these efforts, the commission may enlist the support of
place priority upon
community groups and public agencies.]
Ordinance - Page 1 of 6
protecting, respecting, and fulfilling the full range of universal
human rights as enumerated in the Universal Declaration of
Human Rights. To support and promote human rights, the
commission will:
(a) Provide human rights education;
(b) Be proactive in human rights efforts;
(c) Address human rights violations;
(d) Ensure active public participation;
(e) Be transparent and open; and
(f) Be publicly accountable for human rights progress.
(2) The commission shall help the city of Eugene and the community
work toward the elimination of systemic barriers to equitable
treatment and toward inclusion and accommodation of differences
among people. The commission will promote justice and equal
opportunity for all. In these efforts, the commission may enlist the
support of community groups and public agencies.
(3) The commission shall endeavor to ascertain the status of civil and
human rights in the community. The commission may explore,
research and hold hearings to effectuate this provision.
(2)
4
The commission shall make periodic recommendations to [the mayor
elected officials and the city manager
and council] concerning the
civil and human rights of persons and groups in the community.
(3)
5
The commission shall cooperate with the city officials to ensure that the
of Eugene is
city [continues to be] a leader in extending equal
community members
opportunity to its [citizens], including but not
limited to:
(a) Employment opportunities in city government;
(b) Training for city jobs;
city
(c) Equality of services provided;
(d) Equality of all before the law; and
(e) Equal treatment of all by holders of city licenses, contracts and
privileges.
(4)
6
The commission shall cooperate with the [State Bureau of Labor and
city of Eugene
Industries and other governmental agencies] in
ensuring that the city is/or
receiving, referring and investigating
specific acts of discrimination against individuals in the community.
(5)
7
The commission shall [endeavor to ascertain the status of civil and
human rights in the community. The commission may investigate,
work to
research and hold hearings to effectuate this provision]
educate and encourage community members to report acts of
discrimination, hate and bias, to the city of Eugene
.
2.270 Human Rights Commission - Membership.
(1)
The commission shall consist of:
(a) One member of the city council or the mayor;
Ten community members
(b) [Fourteen citizens] with a
Ordinance - Page 2 of 6
and interest in
demonstrated [interest in or] knowledge [of] the
civil and
human rights concerns of the community[, chosen to
ensure a balance between men and women on the commission as
well as representation from the racial, ethnic, religious, and
disabled groups and any other group subject to discrimination or
harassment in the community]. Members shall be appointed [by
in a way that strives to have balance on the
the council]
commission that reflects the community and has protected
class representation
.
(4)
2
Members of the commission shall be persons who have actively
demonstrated an interest and expertise in efforts to promote diversity,
equality, equity and understanding of human rights, and to dismantle
injustice, discrimination, bigotry, hatred and harassment within the city.
(3) Members shall be appointed by the council. The commission shall
perform the initial review of applications and make
recommendations to council for its consideration.
(2)
4
Vacancies on the commission shall be filled in the same manner as
original appointments. Except where the vacancy occurs because the
member from the council or the mayor ceases to serve on the
commission, the council shall appoint, within 90 days of the position
from the non-commission members of the commission's standing
committees. A position becomes vacant upon:
(a) The death or resignation of the incumbent;
(b) Removal of an incumbent for nonperformance of duty or upon
recommendation by the commission after the commission has
determined that the incumbent has failed to properly represent the
commission or otherwise damaged the work of the commission,
and the council has concurred with that determination;
(c) Failure of the council to reappoint an incumbent at the expiration
of his or her term; or
(d) The incumbent ceasing to be qualified for initial appointment.
(3)
5community of the commission
Each [citizen] member shall serve a
three-year term. No member of the commission shall serve more than
six consecutive years as a member of the commission.
2.275 Human Rights Commission - Officers, Meetings, Rules and Procedures.
(1)
The officers of the commission shall be a chairperson and a vice-chair
elected by the commission from among the [citizen] members of the
commission. The chairperson shall preside over meetings of the
commission and shall have the right to vote. The vice-chair shall
perform the duties of the chairperson in the absence or disability of the
chairperson. The officers shall serve for terms of one year.
(2)
The commission shall meet at least six times a year, with such
additional meetings as it deems necessary to properly perform its
duties.
Ordinance - Page 3 of 6
(3)
The commission may make and alter rules for its conduct and
procedure, providing they are consistent with state law and applicable
provisions of the city charter, ordinances and policies.
(4) The commission may approve a leave of absence, not to exceed
three months, for a commissioner who is temporarily unable to
fulfill the duties of a commissioner.
(4)
5, not including any
Fifty percent plus one of the current membership
commissioner who is on leave of absence,
shall constitute a
quorum.
(5)
6
The city manager may, within his or her discretion, furnish staff
assistance to the commission or to the commission's [committees]
working groups
.
2.280 Human Rights Commission [Committees].
Work Plan and Task Groups
(1)
[ The Agenda Committee of the Human Rights Commission is hereby
created.
(a) The members of the agenda committee shall be the elected
chairperson and vice-chair of the commission, the chair of the
committee on education and outreach, the chair of the committee
on accessibility, and the designated representative of the
advocate response team.
(b) The agenda committee shall be responsible for the preparation of
the agenda and for planning the meetings of the commission. The
agenda committee shall also provide membership services by the
orientation of new members of the commission and the
commission's committees, by assisting all members and the
council concerning member's attendance and responsibilities, and
by providing a link among the commission and the committees
when these are not meeting. The agenda committee may take
other actions, at the request of the commission, including
preparing recommendations on commission bylaws and other
administrative matters.
(2)
The Advocate Response Team, the Committee on Education and
Outreach, and the Committee on Accessibility, hereinafter referred to as
the "standing committees," are hereby created.
(a) The committee on accessibility and the committee on education
and outreach shall have ten members each who shall serve three
year terms. The commission shall appoint members of each
committee according to the criteria specified in section 2.013 of
this code. These committees shall elect a committee chairperson
and vice-chairperson. The chairperson must also be a
commissioner. Officers shall serve for terms of one year.
(b) Vacant positions on a standing committee shall be filled by
appointment by the commission. A position shall be considered
vacant under the same conditions as set forth for a vacancy on
the commission.
Ordinance - Page 4 of 6
(c) Each standing committee shall meet at least nine times a year,
with such additional meetings as it deems necessary to properly
perform its duties.
(d) Each standing committee may make and alter rules for its conduct
and procedure, providing they are consistent with state law and
applicable provisions of the city charter, ordinances and policies.
(e) Fifty percent plus one of the current membership of a committee
shall constitute a quorum.
(3)
The advocate response team shall coordinate the program that aids in
the resolution of incidents of discrimination and harassment. The
committee shall also:
(a) Coordinate recruitment and training of volunteer advocates;
(b) Establish policies and procedures for management of individual
cases;
(c) Assign and monitor work of volunteers;
(d) Prepare agendas and facilitate meetings;
(e) Analyze and report to staff and the commission on trends; and
(f) Make recommendations on identified community issues.
(4)
The committee on education and outreach shall plan, conduct and co-
for programs, and assist community organizations in raising awareness
and staging events relating to human rights issues. The committee
shall have the primary responsibility to recruit, train and coordinate
volunteers to assist in human rights program activities, and shall work to
keep the program and the city open to members of the protected
classes served by the program. The committee shall also assist the city
in employment outreach and shall actively solicit protected class
participation on all citizen advisory boards.
(5)
The committee on accessibility shall monitor accessibility and
recommend policies and actions to improve accessibility in such areas
as transportation, public meetings and events, employment
opportunities and to overcome such barriers as cultural and linguistic
differences and physical barriers, including sidewalks and curbs. The
committee shall develop an accessibility guidebook and act as a
resource on accessibility issues. The committee shall establish and
maintain working relationships with the city staff most closely involved
with physical accessibility questions and citizen access to city services
and programs.
(6)
The commission may recommend the council establish any additional
committee or task force which the commission feels will assist the
commission and the city in meeting the goals of the human rights
program.
(7)
Nothing in this section shall preclude the commission or any standing
committee from forming such temporary working groups from among
existing members as the commission or committee may feel is
necessary to accomplish its duties.]
Ordinance - Page 5 of 6
(1) The Commission shall create a work plan that is reviewed by the
city manager and approved by the mayor and city council.
(2) The commission may create working group(s) to help achieve the
work plan goals.
(a) Each working group will be led by a commission member.
(b) Membership, powers and rules of conduct and procedure of
the working group(s) will be determined by the whole
commission.
(c) Commission working group(s) will abide by Oregon public
meetings law.
(3) The commission shall present its work plan accomplishments and
work plan status annually to the city council.
Section 3.
The City Recorder, at the request of, or with the consent of the City
Attorney, is authorized to administratively correct any reference errors contained herein,
or in other provisions of the Eugene Code, 1971, to the provisions added, amended or
repealed herein.
Passed by the City Council this Approved by the Mayor this
___ day of _______________, 2011 ___ day of _______________, 2011
____________________________ _____________________________
City Recorder Mayor
Ordinance - Page 6 of 6