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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.