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HomeMy WebLinkAboutOrdinance 19792-07-2011Ordinance No.19792 -07 -2011 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS FUND IN AN AMOUNT UP TO $71,550.00, SUBJECT TO RECEIPT OF FUNDS FROM THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, FOR THE PURPOSE OF PROCESSING EMPLOYMENT DISCRIMINATION CASES FOR FISCAL YEAR 2011; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 That in addition to those amounts allocated to the various City departments for Fiscal Year 2010 -2011 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants Fund in an amount up to $71,550.00, subject to receipt of funds from the United States Equal Employment Opportunity Commission, for the purpose of processing employment discrimination cases for Fiscal Year 2011. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No.19355 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4 This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: V�tn- � Assistant City Attorney ADOPTED AND EFFECTIVE: July 26, 2011 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/26/2011 Ordinance No 19792 -07 -2011 DATE: Tuesday, July 26, 2011 LOG NAME: 02EEOC2011 REFERENCE NO.: **C -25048 SUBJECT: Authorize Execution of a Contract for Receipt of an Amount, Including Interest Up to $71,550.00, with the United States Equal Employment Opportunity Commission to Process Employment Discrimination Cases for Fiscal Year 2011 for the Human Relations Unit of the City Manager's Office and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a Contract with the United States Equal Employment Opportunity Commission and accept funds in an amount up to $71,350.00; 2. Authorize the use of anticipated interest in an amount up to $200.00; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in an amount up to $71,550.00. DISCUSSION: In January 1977, the United States Equal Employment Opportunity Commission (EEOC) recognized the Human Relations Commission (HRC) as a local deferral agency and a Fair Employment Practice Agency (FEPA) in accordance with Section 706(c) of the United States Equal Employment Opportunity Act of 1972, Title VII, of the Civil Rights Act of 1964, as amended. Pursuant to this section, the EEOC, prior to asserting jurisdiction over employment discrimination charges, defers such charges for resolution to a local or state agency having authority to enforce a local or state fair employment law similar to Title VII, the Age Discrimination in Employment Act and the Americans with Disabilities Act. On August 27, 2010, the HRC, in accordance with EEOC guidelines, submitted a request to the EEOC for partial reimbursement of program expenditures in the amount of $67,000.00. This amount included $64,350.00 for the resolution of 117 charges of alleged discrimination, $2,650.00 for deferral of 53 non - jurisdictional charges of discrimination and $1,400.00 for partial reimbursement of expenses related to mandatory EEOC training. On April 18, 2011, the HRC received a Contract from the EEOC indicating that the EEOC would provide partial reimbursement for 112 charges of discrimination due to the fact that the federal appropriation for the FEPA program was insufficient to reimburse the CRD for the resolution of 117 charges. Therefore, the HRC will receive partial reimbursement of program expenditures as follows: 1. $67,200.00 for resolution of 112 charges of alleged discrimination at a cost of $600.00 per case; 2. $2,650.00 for deferral of 53 non - jurisdictional charges of discrimination at a cost of $50.00 per case; 3. $1,500.00 for partial reimbursement of expenses relating to mandatory training at an EEOC sponsored Logname: 02EEOC2011 PnaP 1 of 7 annual conference; and 4. $200.00 for interest earned on contract funding. On June 21, 2011, the Fort Worth Human Relations Commission voted to approve the HRC's request to seek authorization from the City Council to allow the City Manager to execute Contract No. EECCN100090 modification No. 0003 with the United States Equal Employment Opportunity Commission to process employment discrimination. The United States Equal Employment Opportunity Commission serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, receipt of the grant and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. FUND CENTERS: TO Fund /Account/Centers FROM Fund /Account/Centers GR76 451723 002216539000 $71,350.00 GR76 5(VARIOUS) 002216539010 $71,550.00 GR76 441012 002216539000 $200.00 CERTIFICATIONS: Submitted for City Manager's Office by.� Karen Montgomery (6222) Originating Department Head: Angela Rush (6155) Additional Information Contact: Tracy Bancroft Lasseter (8988) Logname: 02EEOC2011 „-F