HomeMy WebLinkAboutCity Council Packet 10-04-1993 SpecialCITY COUNCIL STUDY SESSION
MONDAY, OCTOBER 4, 1993
5:00 P.M.
I. HUMAN RIGHTS CONMUSSION
H. BUDGET & FEES FOR CITY ATTORNEY
DATE: September 30, 1993
TO: Dwight Johnson, City Manager
FROM: Kathy Lueckert, Assistant City Manager
SUBJECT: Establishing a Plymouth Human Rights Commission
Introduction
As the City's population increases, so will the diversity of people calling
Plymouth home. The City government can set the tone for creating and maintaining
an environment that supports, encourages, and celebrates diversity and does not
tolerate discrimination in any form. Establishing a Human Rights Commission in
Plymouth, charged with public education and dispute resolution, is one means of
encouraging diversity and discouraging discrimination.
Background
During the last year the Council held two study sessions on the re-
establishment of a Human Rights Commission in Plymouth. At the first, held last
November, the Council heard from a number of citizens and organizations about the
need for a Human Rights Commission in Plymouth. Staff was directed to survey
other jurisdictions and to provide information on the number of commissioners,
functions of the commission, staff support, budget, and the like. This information
was presented to Council in March, and further direction was given to develop an
ordinance and to ascertain the level of interest of the school districts in participating
in a Human Rights Commission. Staff also was asked to see if adjacent jurisdictions
Maple Grove and Minnetonka) would be interested in a joint commission.
Discussion
The City Attorney has prepared a resolution and ordinance establishing the
Plymouth Human Rights Commission and outlining its responsibilities and
membership. The resolution states that the City of Plymouth wants to increase
communication, to protect the rights of all residents of the community, and to foster
harmonious relationships among people of all races, color, creed, religion, national
origin, sex, marital status, status with regard to public assistance, disability, age, or
sexual orientation. The resolution further states that the public policy of the City of
Plymouth shall be to fulfill its responsibilities to assure equal opportunity for all
citizens in housing, employment, public accommodations, public services, and
education, and to improve the human relations climate of the City of Plymouth.
Contained in the "action" section of the resolution, this statement would provide the
philosophical basis for the Human Rights Commission.
The ordinance is patterned after existing City ordinances creating advisory
commissions. The key points in the ordinance are:
Membership --the Human Rights Commission would consist of seven members,
four appointed from districts and three appointed at large. The members should
represent a broad spectrum of Plymouth residents indicative of the diversity present
in the community. The proposed district boundaries match those established for
other commissions. Members are appointed by the City Council for three year
staggered terms, expiring on January 31 of each year. The ordinance requires that
members representing districts must reside in the district.
Officers --the Chairperson and Vice Chairperson would be elected by the
Commission from within the Commission membership.
Powers and Duties --the Human Rights Commission would be charged with
considering matters pertaining to human rights in Plymouth, preparing a plan for
work with state, local, and voluntary organizations on human rights issues, acting
in an advisory capacity to the City Council on human rights, and investigating
complaints under the Minnesota Human Rights Act, Chapter 363 (No Fault
Grievance process).
Clearly an important duty of a Human Rights Commission would be public
information and education. Activities could range from a cultural diversity one day
event to month long celebrations such as Black History Month or Indian History
Month, etc. Most jurisdictions participate in the No Fault Grievance process, although
most do not receive many requests for mediation in a given year. At a recent
conference of the League of Minnesota Human Rights Commissions, a seminar speaker
stressed the importance of the No Fault process, not only as a means of mediating
community disputes but also as a means of training local commission members in the
letter and spirit of the Minnesota Human Rights statute. While a Plymouth Human
Rights Commission may not receive many requests for mediation, the training in the
No Fault process likely will increase the Commission's understanding of the law and
offer a sense of direction in the early months.
The ordinance provides the general framework and structure of a Human Rights
Commission. However, there are several other issues which the Council may wish to
discuss.
Additional Membership --each of the four school districts serving Plymouth
indicated interest in membership on the Human Rights Commission, although each
district wishes to select its member. Should you wish to include the school
districts, this would increase the Commission size to eleven. There are benefits to
including school district representation, primarily that of increased public
information and education opportunities. Some jurisdictions also include a non-
voting youth member.
Neither Maple Grove nor Minnetonka responded to our letter regarding the
possibility of a multi jurisdictional Human Rights Commission. Since the last study
session, Minnetonka has taken steps to establish its own commission.
Staff Support --primary staff support will be provided by the Assistant City
Manager. However, some other jurisdictions have assigned additional staff as
liaison to the Commission, such as a representative from the Police Department.
Budget --an initial budget for the Human Rights Commission should provide
funding for training, mailings, and membership in the League of Minnesota Human
Rights Commissions. While a budget can be established, some jurisdictions prefer
to have funding requests from the Commission come to the Council as a means of
keeping the Council aware of the efforts, activities, and plans of the Human Rights
Commission.
Attached are the proposed resolution, the proposed ordinance, information from
other jurisdictions on their Human Rights Commissions, and from the League of
Minnesota Human Rights Commissions. Adoption of the resolution and ordinance
creating the Plymouth Human Rights Commission could be scheduled for the City
Council meetings on October 18 or November 1.
CITY OF PLYMOUTH
RESOLUTION NO. 93 -
RESOLUTION CREATING THE CITY OF PLYMOUTH
HUMAN RIGHTS COMMISSION
WHEREAS, the City of Plymouth has experienced and expects to
continue to experience growth and development within its
municipal boundaries; and
WHEREAS, such growth and development necessitates
intensified communication and protection of just and equitable
rights among all residents of the community to promote harmonious
relationships among people of all races, color, creed, religion,
national origin, sex, marital status, status with regard to
public assistance, disability or age, or sexual orientation; and
WHEREAS, the fall legislature of the State of Minnesota has
enacted Chapter 363, the Minnesota Human Rights Act, which
provides for and permits the delegation of certain responsibility
under the Act to local human rights commissions and the Attorney
General has opined that the Act gives authority to establish
local human rights commissions; and
WHEREAS, broad citizen participation in the affairs of the
community helps to promote a healthier more representational
community;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA, that the public policy of the City
shall be to fulfill its responsibility in assuring for all of its
citizens equal opportunity in housing, employment, public
accommodations, public services and education, and to work
consistently to further improve the human relations climate of
the City of Plymouth,
BE IT FURTHER RESOLVED that there is hereby established
within the City of Plymouth a Human Rights Commission in
accordance with the attached Ordinance amending Section 305 of
the Plymouth City Code to include a new Section 305.11 setting
forth the powers and duties of said Human Rights Commission.
Adopted by the City Council on
City Clerk
9376K
Mayor
1993.
ORDINANCE NO. 93 -
AN ORDINANCE RELATING TO BOARDS AND COMMISSIONS
AND CREATING A HUMAN RIGHTS COMMISSION BY
AMENDING SECTION 305 OF THE PLYMOUTH CITY CODE
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
Sec. 1. The Plymouth City Code, Section 305 is amended by
adding a new Section 305.11 to read as follows:
305.11. Human Rights Commission. Subdivision 1.
Commission Established. The Human Rights Commission is
established pursuant to the Minnesota Human Rights Act,
Minnesota Statutes Section 363, shall have the powers and
duties assigned to it by that Act and by this Code.
Subd. 2. Membership. The Human Rights Commission
consists of seven members appointed in the manner set forth
in this subsection. The City is divided into f-4 t foo, miat O
dTs` and one member of the commission is appointed for
each d esu s 3 d--ate--€ems ems-:
LUd
trict No. 1 - The area bounded by the y's
northerly City limits the
north; I-494 on the ast; Highway
55 westerly to C my Road 24 and
County Road 24 esterly to the
City's weste City limits on the
south; and he western City limits
on the w st.
District No. 2 - I- on the east; Highway 55
w t ly to County Road 24 and
ounty oad 24 westerly to the
City's w tern City limits on the
north; and ity's western City
limits on th west; and the City's
southern City 'mits on the south.
7
District o. 3 - I-494 on the west; unty Road 9
on the north; the Cit 's eastern
City limits on the east, and the
City's southern City limi on the
south.
District - I-494 on the west* my Road 9
o sout a City's eastern
City the east; and the
y's northern Ci 'ts on the
north.
Three members of the Human Rights Commission are appointed
from the City at large. Members of the Commission are
appointed by the City Council for staggered terms of three
years, expiring on January 31 of each year.
Subd. 3. Officers; Meetings. The Chairperson and
Vice Chairperson of the Human Rights Commission shall be
appointed by the Commission from among the members of the
Commission, subject to the approval of the Mayor, for a
term of one year. The Commission shall adopt its own rules
and procedures with approval of the City Council. All
members of the Commission, including the Chairperson, may
vote on any question before the Commission. No member of
the Commission shall pass upon any question in which he or
she is directly or indirectly interested. The Commission
shall determine the date and time of meetings and shall set
such public hearings as are necessary and desirable, or
required by law or the City Code or City Charter.
Subd. 4. Powers and Duties. The Human Rights
Commission has the following powers and duties:
a) To hold meetings of its members, to consider such
matters pertaining to human rights in the City as
shall be referred to the Commission by the City
Council, or as the members of the Commission
themselves deem proper.
b) Prepare a plan for providing laison between local
government, state government and other voluntary
organizations on matters relevant to human rights.
c) To act in an advisory capacity to the Council in
all matters relating to human rights.
d) To prepare an annual written report to the
Council no later than the last day of February of
each calendar year, outlining the Commission's
activities over the past year and outlining those
activities for the coming year.
e) The Commission shall have the right to receive
and investigate complaints of alledged violations
of this Section, and the Minnesota Human Rights
Act, Chapter 363. The investigation and hearing
2-
shall be in conformance with the provisions of
Minnesota Chapter 363 and rules promulgated by
the State Department of Human Rights.
Sec. 2. The Plymouth City Code is amended to include a new
Section 305.13 to read as follows:
305.13. Resignations and Removal from Commissions.
Commissioners may resign voluntarily or may be removed from
office by a majority vote of the City Council. Any vacancy
in any advisory board or commission shall be filled by
appointment with a majority vote of the City Council.
Vacancies shall be announced in the City's official
newspaper and posted within the City Hall. Applications
shall be available at the City Clerk's office and shall be
forwarded within a time to be prescribed to the City
Council.
Sec. 3. The Plymouth City Code, Section 305 is amended to
include a new Section 305.15 to read as follows:
305.15. Compensation. Commissioners shall serve without
compensation.
Sec. 4. This ordinance is in effect upon its passage in
accordance with Section 110.11.
ATTEST:
City Clerk
9377K
3-
Mayor
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