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HomeMy WebLinkAboutOrdinance 16032 ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 17 'HUMAN RELATIONS ARTICLE II `HUMAN RELATIONS COMMISSION ARTICLE III `DISCRIMINATION, DIVISION 2 `PLACES OF PUBLIC ACCOMMODATION DIVISION 3 'EMPLOYMENT PRACTICES, AND DIVISION 4 `FAIR HOUSING" OF THE CODE OF THE CITY OF FORT WORTH TEXAS (1986), AS AMENDED TO REFLECT THE ORGANIZATIONAL CHANGES RESULTING FROM THE CREATION OF COMMUNITY RELATIONS DEPARTMENT PROVIDING UPDATED LANGUAGE TO REFERENCES TO STATE LAW PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS the City Council of the City of Fort Worth Texas is establishing a Community Relations Department to improve community relations and customer service, and WHEREAS the Community Relations Department is a consolidation of the former Human Relations Department, the Neighborhood and Youth Outreach Office and the Action Center and WHEREAS the Community Relations Department staff will serve as liaison to the Mayor's Committee on Persons with Disabilities, the Fort Worth Human Relations Commission, and the Fort Worth Commission for Women and WHEREAS it is the desire of the City Council to amend the language of Chapter 17 of the Code of City of Fort Worth to reflect these organizational changes and provide updated language to references to state law• NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 Chapter 17 'Human Relations, Article II `Human Relations Commission, Article III `Discrimination Division 2 `Places of Public Accommodation, Division 3 `Employment Practices, and Division 4 `Fair Housing of the Code of the City of Fort Worth, Texas (1986), as amended is further amended to read as follows. ARTICLE II HUMAN RELATIONS COMMISSION Sec. 17-20 Appointment of employees. (a) Director (1) The Human Relations Commission shall have the power to appoint a Director who shall be the head of the Department of Community Relations and whose appointment shall be subject to the review of the City Manager and the approval of the City Council (b) Community Relations Staff (1) All other Community Relations Department personnel shall be subject to the supervision of the Director and are governed by the personnel rules of the City and the classification and compensation plan for the City Sec. 17-21 Funding. (a) The annual budget for Community Relations Department enforcement related activities shall be subject to the recommendation of the Human Relations Commission and shall be reviewed by the City Manager and approved by the City Council ARTICLE III DISCRIMINATION DIVISION 2. PLACES OF PUBLIC ACCOMMODATION Sec. 17-49 Investigation of alleged violations, filing complaint. (a) It is the intention of the city council that the Community Relations Department shall be the agency to receive and investigate all complaints of alleged violations of this division and that such department shall attempt to resolve such complaints by informal methods of conference conciliation and persuasion If the department cannot resolve an alleged violation of this division the director of the department shall be authorized to request that a complaint be filed in municipal court. (b) If fallowing the execution of a written conciliation agreement between the department and a party charged with a violation under this division the director of the department receives sufficient evidence that gives him probable cause to believe that the party who has executed a conciliation agreement has violated the terms of this division after the conciliation agreement had been executed the director of the department shall be authorized to request that a complaint be filed thereon in municipal court. DIVISION 3. EMPLOYMENT PRACTICES Sec.17-66. Definitions. Whenever the following terms are used in this division they shall have the meanings respectively ascribed to them in this section Department means the Fort Worth Community Relations Department Sec. 17-69 Enforcement. (a) It is the intention of the city council that the Community Relations Department shall be authorized to enforce the provisions of this division under the supervision of the Director as outlined in Section 17 20 (b) Following a complaint and provided that there is justifiable reason to believe there is a violation of any provision of this division the Community Relations Department is authorized to investigate and resolve any such complaint involving any employer general contractor labor organization or employment agency subject to the provisions of this division If such complaint cannot be resolved in a manner satisfactory to such department, it may refer same to the city attorney and/or to the appropriate federal office Nothing said or done during and as a part of any such investigation or attempt at resolution shall be made public without the written consent of the persons concerned (c) Whenever a charge is filed by or on behalf of a person claiming to be aggrieved which alleges that an employer general contractor employment agency or labor organization has engaged in an unlawful employment practice the Community Relations Department may cause a notice of the charge (including the date place and circumstances of the alleged unlawful employment practice) to be served upon such employer general contractor employment agency or labor organization (hereinafter referred to as 'respondent") within ten (10) days and may make an investigation thereof (1) Any such charge shall be in writing under oath or affirmation, and shall contain such information and be in such form as the Community Relations Department requires Such charge shall be filed within one hundred and eighty (180) days after the alleged unlawful employment practice occurred Such charges shall not be made public. (2) Should the Community Relations Department determine after such investigation that there is not reasonable cause to believe that the charge is true such Department shall dismiss the charge and promptly notify the person claiming to be aggrieved and the respondent of such action (3) If the aforesaid investigation determines that there is reasonable cause to believe that the charge is true the Community Relations Department may endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference conciliation and persuasion DIVISION 4 FAIR HOUSING Sec. 17-87 Definitions. The following words, terms and phrases when used in this division shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaning Administrator means the individual designated director of the Fort Worth Community Relations Department. Commission means the Fort Worth Human Relations Commission Department means the Fort Worth Community Relations Department. Sec. 17-90 Enforcement (a) It is the intention of the city council that the Human Relations Commission shall be authorized to enforce the provisions of this division under the supervision of the city manager as provided under section 2 of chapter V of the Charter as further provided hereinafter and as further provided under state and federal law Sec. 17-96. Referral of complaint to hearing• election of court proceeding• reasonable cause determination and charge. (b) In lieu of a hearing before the committee as set out in section 17 96(c) below a complainant, respondent or an aggrieved person on whose behalf a charge is filed may elect in writing to have the claims asserted in the complaint decided in state district court provided in section 17 98 of this Code or as provided for under Article II Sections 2.06 and 2.08 of the Texas Fair Housing Act (Vernon's Tex. Rev Civ Stat. Ann Art. 1f as amended or any successor statute) and chapter 337 of the Texas Commission on Human Rights Procedural Rules. This election may be made at any reasonable time under the foregoing laws but must be made not later than twenty (20) days after the receipt by the electing person of notice that a hearing under section 17 96(c) has been requested (d) The commission shall adopt rules and procedures for the conduct of hearings The hearing panel shall be appointed by the commission chair and include members of the human relations commission in whole or in part. Reasonable notice and opportunity for discovery shall be given to all parties. The hearing shall be conducted in a fair and impartial manner and shall be public as required by Chapter 551 of the Texas Government Code. Witnesses appearing at such hearing may be required to present testimony under oath or by solemn affirmation Evidence of the matter alleged within the complaint may be presented by the city attorney or his assistant. The complaint and the person or persons alleged to have committed or to be about to commit the discriminatory housing practice may appear personally or by representative and with or without counsel and shall have the right to present proof and cross-examine witnesses in all matters relating to the complaint and subsequent related matters. If a person or persons alleged to have committed or to be about to commit a discriminatory housing practice shall fail to appear at the committee hearing either•personally or by representative after notice as provided above then such hearing shall be deemed waived by such person or persons i SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended .except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences clauses and phrases of this ordinance are severable and if any phrase clause, sentence paragraph or section of this ordinance shall be declared void ineffective or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not effect any of the remaining phrases clauses, sentences, paragraphs and sections of this ordinance since the same would have been enacted by the City Council without the incorporation in this ordinance of any such void ineffective or unconstitutional phrase, clause, sentence, paragraph or section SECTION 4 This ordinance shall take effect and be in full force and effect from and after its passage and it is so ordained. APPROVED AS TO FORM AND LEGALITY ~_. . Assistant ity Attorney Date. ~ ~ ADOPTED•~1~I~ ~~, ~~ EFFECTIVE ~ I City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 7/13/2004 Ordinance No 16032 DATE Tuesday July 13 2004 LOG NAME. 07REVCHAPTER17 REFERENCE NO *G-14423 SUBJECT Adoption of Ordinance Amending and Revising Chapter 17 Articles 11 and !II of the Code of the City of Fort Worth Texas (1986) to Reflect the Organizational Changes Resulting from the Creation of the Community Relations Department RECOMMENDATION It is recommended that the City Council adopt the attached ordinance revising Chapter 17 Articles II and III of the Fort Worth City Code to reflect the organizational changes resulting from the creation of the Community Relations Department. DISCUSSION On October 1 2003 the Community Relations Department was established to improve community relations and customer service in the City of Fort Worth The newly created department is a consolidation of the former Human Relations Department, the Neighborhood and Youth Outreach Office and the Action Center The Mayor's Committee on Persons with Disabilities the Fort Worth Human Relations Commission and the Fort Worth Commission for Women are also assisted by City Staff from the Community Relations Department. Chapter 17 of the City Code refers to and gives enforcement authority to the Human Relations Commission under the supervision of the Director of the Department and the City Manager It is recommended that the ordinance be revised and amended to reflect the organizational changes and to give enforcement authority of the ordinance to the Community Relations Department where appropriate The ordinance should be revised and amended for Chapter 17 Article 11 "Human Relations Commission Article III 'Discrimination Division 2 "Places of Public Accommodation Article III Division 3 `Employment Practices and Article III Division 4 'Fair Housing" specifically sections 17 20 17 21 17-49' 17=66 17-69' 17-87 17-90 and 17 96 FISCAL INFORMATION/CERTIFICATION The .Finance Director certifies that this ordinance will have no effect on City Funds TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office b~ Libby Watson (6140) Originating Department Head. Vanessa Ruiz Boling .(7534) Additional Information Contact: Vanessa Ruiz Boling (7534) Lo~name 07REVCHAPTERI7 PaaP 1 of 1