HomeMy WebLinkAboutAgenda - 04-18-1995 - V-A Y
1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action
Agenda
Item No.
yr A
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 18, 1995
SUBJECT: REQUEST TO ORANGE COUNTY LEGISLATIVE DELEGATION FOR
AMENDMENTS TO THE CIVIL RIGHTS ORDINANCE ENABLING
LEGISLATION AUTHORIZING DEFERRAL AGENCY AGREEMENTS
-------------------------------------------------------------------
DEPARTMENT: PUBLIC HEARING: Yes X No
Human Rights and Relations
-------------------------------------------------------------------
ATTACHMENT(S) : INFORMATION CONTACT:
Resolution Lucy Lewis, ext 2251
TELEPHONE NUMBER:
Hillsborough - 732-8181
Chapel Hill - 968-4501
Durham - 688-7331
Mebane - 227-2031
-------------------------------------------------------------------
PURPOSE: To adopt a resolution requesting the Orange County
legislative delegation to amend the Orange County omnibus local
bill to the 1995 Session of the NC General Assembly by adding a
section that would authorize the establishment of deferral
agreements between the County and State and federal agencies.
BACKGROUND: The Orange County Civil Rights Ordinance was adopted
by the Commissioners on June 14, 1994. Phase I, which addresses
discrimination complaints in housing, public accommodations, and
bias-related incidents, took effect on January 1, 1995. Phase II,
which addresses discrimination complaints in employment, will take
effect as of January 1, 1996.
The Orange County Civil Rights Ordinance is intended to generally
"replace" federal agency processing of discrimination complaints
filed under federal law by authorizing a local agency, the Orange
County Human Relations Commission, to handle these matters in
Orange County. Orange County, on behalf of the Commission, expects
to contract with the EEOC and HUD so that the Commission will
become the deferral agency to implement this plan. As a deferral
agency, the Commission will handle discrimination complaints filed
with the EEOC and HUD. These complaints will be "deferred" to the
r
2
Commission by the EEOC and HUD. Clear legislative authority for
the Commission to accept EEOC and HUD deferrals is desirable.
The Orange County Civil Rights Ordinance includes Orange County
government. However, it has been the intent of the Human Relations
Commission that a deferral agreement would be established with the
Civil Rights Division of the State Office of Administrative
Hearings to handle any employment discrimination complaints in
which Orange County is the respondent to avoid any perception of
conflict of interest. In the course of pursuing this agreement, it
became clear that it would be prudent to establish similar
agreements with the appropriate State agencies in regards to
housing, public accommodations and bias-related incidents, and to
seek enabling legislation consistent with these agreements.
The County Attorney has prepared a resolution that would request
the Orange County legislative delegation to amend the Orange County
omnibus local legislation bill to include a section providing for
amendments to the County enabling legislation which will permit the
County to develop the necessary deferral arrangements.
In the event it is not possible for the 1995 Orange County omnibus
local bill to be amended, authorization is requested to pursue this
legislation at the first possible opportunity.
RECOMMENDATION: The Manager recommends that the Board adopt the
proposed resolution and authorize the County Attorney to transmit
it to the Orange County legislative delegation. In the event
amendment of the 1995 Orange County omnibus local legislation is
not possible, the Manager further recommends that the Board
authorize the County Attorney to present this legislative
initiative to the Orange County legislative delegation at the first
possible opportunity.