Label
Human Relations Commission
Dr. Tiffany Whitman (x2375)/Commissioner Caryn Maloney (x1476)
Revised
Title
Amending City of Toledo Municipal Code Chapter 159 "Human Relations Commission;" and declaring an emergency.
Body
SUMMARY & BACKGROUND:
On March 27, 2018, Toledo City Council passed Ord. 68-18, enacting a new Toledo Municipal Code Chapter 159, creating the Human Relations Commission. This Ordinance repeals and replaces relevant sections of Toledo Municipal Code Chapter 159. The amendments to the chapter will clarify and streamline the mission, purpose and membership of the Human Relations Commission; provide oversight for other commissions of the City as they relate to special interest groups and introduces a way for residents to convey, discuss and find solutions to systemic concerns within the community.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That Toledo Municipal Code Chapter 159 "Human Relations Commission" which currently reads:
159.01. Creation; purpose.
(a) Creation. The Human Relations Commission is hereby created and authorized to promulgate and further the policies of the Mayor and Council pertaining to the community relations within the City.
(b) The Human Relations Commission shall endeavor to support a safe, energetic, and livable city. The Commission will support residents working to overcome prejudice and build mutual respect.
159.02. Membership; terms.
(a) Membership. The Commission shall consist of fourteen members. Thirteen members shall be citizens appointed by the Mayor and subject to confirmation by Council in accordance with the composition requirements set forth herein. The remaining member shall be a member of Council who shall sit on the Commission in an ex officio capacity. The Council member of the Commission shall be the chair of the Council Committee with oversight of the Commission as determined by the President and members of Council. The Council member of the Commission shall be non-voting. Initially the composition of the thirteen citizen members of the Commission will include four members appointed to one year terms, four members appointed to two year terms and five members will be appointed to three year terms. Members appointed after the initial members are appointed shall be appointed for three year terms.
(b) To the greatest extent practicable the Commission be comprised of members who represent the racial and ethnic diversity of the men and women of Toledo, and who have demonstrated in their words and actions a sensitivity to the need to end discrimination and insure equal opportunity for all. In order to insure representation of a broad range of community perspectives, the Commission will include one labor representative, one Religious affiliation representative, one education representative, one business or economic development representative, one youth representative, one member of the legal community, one neighborhood representative, one LGBT representative and five at large appointments. The At Large appointments include the four members and the Board Chair who make up an Executive Committee.
(c) The Commission will annually elect one of the at-large members to serve as Chair and four of the at-large members to serve with the Chair as an Executive Committee. The Executive Committee shall be compensated at the same rates as member to the City of Toledo Civil Service Commission and sufficient sums shall be appropriated each year for the purpose of compensation.
(d) During a term, any vacancy on the Commission, occasioned by resignation, death, disability or other cause as defined in the Commission's by-laws, shall be filled for the remainder of the term, by a person selected in the same manner as the person being replaced.
(e) The Commission shall be, to the greatest extent practical, an independent entity. However, the Commission will coordinate its efforts and shall liaise with an official of the administration as determined by the Mayor. The Commission shall also report periodically to City Council.
159.03. Duties and powers; meetings and bylaws.
(a) The duties and powers of the Commission shall include:
(1) Engage and coordinate with the Welcome TLC initiative and Toledo Sister Cities.
(2) Overseeing initiatives to reduce violence.
(3) Supporting efforts to build tolerance and diversity in areas of race, gender, religion, ability, nationality, sexual orientation and gender identity.
(4) Coordinating resident mediations on issues outside of the jurisdiction of the Toledo Municipal Court.
(5) Supporting social justice community events and trainings.
(6) Fostering, advocating and promoting partnerships with and between the public and private sectors that will further an impact on youth as it pertains to learning, working, thriving, connecting, and leading.
(7) Thoroughly reviewing, assessing, and aligning programs in the community to meet the needs for City youth.
(8) Reporting the goals and accomplishments of the Commission to the Mayor and members of Council on an annual basis or as otherwise requested by Council.
(b) The Commission shall meet, select an executive body and adopt by majority vote such rules, by-laws and procedures as shall be expedient for the conduct of business.
(c) The Executive Committee will serve as mediators and will oversee all resident mediations. Mediations will be held at least once a month. Mediations facilitated by the Executive Committee shall not be considered public meetings. Except as otherwise required by law, matters discussed in mediations shall be considered confidential; however, outcomes will be reported back to the full Human Relations Board at the following Board meeting.
159.04. Discrimination complaints; investigation.
(a) Any person who believes that he or she is a victim of any discriminatory practice prohibited in Chapter 554 may submit a written complaint to the Commission for its assistance in mediating, investigating or making a proper referral.
(b) All such complaints shall be properly verified by the person alleging discrimination and filed with the Commission within 120 days after the alleged discriminatory act is committed.
(c) The Executive Committee shall attempt to mediate and investigate all complaints arising out of Chapter 554. At the discretion of the Executive Committee, referrals will be made to the directly to appropriate agencies.
(d) The Commission shall submit to the City Law Department all finalized investigatory reports in which a finding of probable cause to believe that discrimination had occurred by the acts of any employee of a City department, division or commission.
159.05. Subpoena power.
(a) The Commission shall have the power to subpoena witnesses, compel their attendance, administer oaths, take sworn testimony and, in connection therewith, to require the production for examination of any documents relating to any matter under investigation or properly in question before the Board. Such subpoena shall be signed by an Executive Committee Member. No such subpoena however shall be issued without an affirmative vote of approval of not less than two-thirds of the total membership of the Commission. Should any person refuse to testify or produce such documents after receipt of such subpoena, the Law Director shall seek to enforce the subpoena in the Court of Common Pleas.
(b) Any City official or agency requested to provide documents or records to the Commission shall do so immediately, without the necessity for the issuance of a subpoena.
159.06. Budget, acceptance of donations.
(a) The Human Relations Commission for the City of Toledo is hereby authorized to solicit and accept funds for the purpose of supporting non-profit activities having to do with community youth programs and activities within the City of Toledo.
(b) Any funds received from donations shall be deposited in the Human Relations Commission Trust Account, 2150-10600- 1T72704STDSTD, which is hereby established to serve as a depository for all funds received and said amounts shall be deemed appropriated for proper expenditure. The Commission shall be authorized to expend monies from the Human Relations Commission Trust Account 2150-10600-1T72704STDSTD for purposes consistent with the mission of the Commission subject to the provisions governing expenditure of funds set forth by law.
is repealed.
SECTION 2. That a new Toledo Municipal Code Chapter 159 "Human Relations Commission" is enacted as follows:
CHAPTER 159 Human Relations Commission
159.01. Creation; purpose.
(a) Creation. The Human Relations Commission is hereby created and authorized to promulgate and further the policies of the Mayor and Council pertaining to the community relations within the City.
(b) The Human Relations Commission shall endeavor to support a safe, energetic, and livable city. The Commission will support residents working to overcome prejudice and build mutual respect.
(c) The Human Relations Commission shall serve as the managing body for City commissions, boards, task forces, etc. whose purpose or mission are social, cultural, or community engagement focused to be determined by the Mayor.
159.02. Membership; terms.
(a) The Commission shall initially consist of fourteen members. Thirteen members shall be citizens appointed by the Mayor and subject to confirmation by Council in accordance with the composition requirements set forth herein. The remaining member shall be a member of Council who shall sit on the Commission in an ex officio capacity. The Council member of the Commission shall be the chair of the Council Committee with oversight of the Commission as determined by the President and members of Council. The Council member of the Commission shall be non-voting. Initially the composition of the thirteen members of the Commission will include seven members appointed to one-year terms and six members appointed to two-year terms. Members appointed after the initial members are appointed shall be appointed to terms not to exceed two years.
(b) To the greatest extent practicable the Commission be comprised of members who represent the racial and ethnic diversity of the residents of Toledo, and who have demonstrated a willingness to be an ambassador for the City of Toledo and a sensitivity to the needs of their community while ensuring equal opportunity for all. Six members will represent the district where they reside and serve as a liaison to the neighborhood groups, organizations, and community building efforts that lie within the district’s border. Remaining members will serve as advocates for special interest groups, initiatives, and movements as needed and identified by the Mayor. Three members will serve as At Large members. Members may be officially added to the Commission as needed, not to exceed a term of two years.
(c) The Commission will annually elect one at large member to serve as Chair and two at large members to serve with the Chair as an Executive Committee.
(d) During a term, any vacancy on the Commission, occasioned by resignation, death, disability or other cause as defined in the Commission's by-laws, shall be filled for the remainder of the term, by a person selected in the same manner as the person being replaced.
(e) The Commission shall be, to the greatest extent practical, an independent entity. However, the Commission will coordinate its efforts to meet the strategic priorities of the Mayor and shall liaise with an official of the administration as determined by the Mayor. The Commission shall also report periodically to City Council.
159.03. Duties and powers; meetings and bylaws.
(a) The duties and powers of the Commission shall include:
(1) Engage and coordinate with the Welcome TLC initiative.
(2) Supporting efforts to build tolerance and diversity in areas of race, gender, religion, ability, nationality, sexual orientation and gender identity.
(3) Supporting social justice community events and training.
(4) Supporting local efforts to build community at the neighborhood level.
(5) Acting as a liaison between residents and the Mayor’s office.
(6) Reporting the goals and accomplishments of the Commission to the Mayor and members of Council on an annual basis or as otherwise requested by Council.
(b) The Commission shall meet, select an executive body and adopt by majority vote such rules, by-laws and procedures as shall be expedient for the conduct of business.
(c) The Executive Committee will serve as community organizers and host monthly meetings, in conjunction with regular commission meetings, throughout the city where residents connect to city departments and receive information about city initiatives.
159.04. Community Relations
(a) The Commission shall serve as a forum through which residents, community organizations, and public agencies may raise concerns about systemic conditions affecting the welcoming, inclusion, or equitable treatment of any part of the community that may disproportionately affect specific populations within the City including race and cultural relations.
(b) The Commission may receive input from residents on such systemic or community-wide concerns through public comment, listening sessions, written submissions, or other means the Commission establishes, for the purpose of identifying patterns or conditions, rather than adjudicating individual claims, that may require community education, coordinated City response, or policy recommendation.
(c) Upon the identification of a pattern the Commission may:
(1) Convene public forums or listening sessions to better understand the scope and impact of the concern.
(2) Issue findings or recommendations to City Council or the Administration regarding steps the City may take to promote a welcoming and inclusive community.
(3) Partner with community organizations, service providers, or other governmental bodies to develop educational resources or coordinated responses.
(4) Refer individuals with claims of discriminatory practices to the appropriate process established therein.
159.05. Budget, acceptance of donations.
(a) The Human Relations Commission is hereby authorized to accept donations and gifts for the purpose of supporting non-profit activities having to do with community events and activities within the City of Toledo.
(b) Any funds received from donations shall be deposited in the Human Relations Commission Trust Account, 2150-10600- 1T72704STDSTD, which is hereby established to serve as a depository for all funds received and said amounts shall be deemed appropriated for proper expenditure. The Commission shall be authorized to expend monies from the Human Relations Commission Trust Account 2150-10600-1T72704STDSTD for purposes consistent with the mission of the Commission subject to the provisions governing expenditure of funds set forth by law.
SECTION 3. That this Ordinance is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that same is necessary for the immediate preservation of the public peace, health, safety and property, and for the further reason that the Ordinance must be immediately effective to allow the commission to move forward in its reorganization and in providing necessary community support.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council