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HomeMy WebLinkAboutAgenda - 03-23-1993 - VIII-E t , 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No laar g ACTION AGENDA ITEM ABSTRACT Meeting Date: March 23, 1993 SUBJECT: Commissioners ' 1993 Legislative Goals DEPARTMENT County Attorney PUBLIC HEARING YES NO X ATTACHMENT(S) INFORMATION CONTACT Letter from County Attorney to County Attorney, 732-2196 Legislative Delegation TELEPHONE NUMBER Resolution - Enabling Legislation Hillsborough 732-8181 Amendments Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 PURPOSE: To adopt a resolution requesting the Orange County legislative delegation to introduce a local bill to the 1993 Session of the General Assembly that would clarify the County' s authority to adopt a local civil rights ordinance. BACKGROUND: The 1991 Session of the North Carolina General Assembly approved enabling legislation authorizing the Orange County Board of Commissioners to enact a local civil rights ordinance. Further investigation suggested a number of advantages to having all anti- discrimination laws - federal, state, and local - administered locally. The US government requires that a local unit of government be granted "substantial equivalency" in order to have authority to administer federal anti-discrimination laws. The County Attorney has prepared a resolution that would request the Orange County legislative delegation to introduce a local bill providing for amendments to the County' s enabling legislation for a local civil rights ordinance. These amendments, in Attachment A to the resolution, should permit the County to earn "substantial equivalency. " RECOMMENDATION: The Manager recommends that the Board adopt the proposed resolution and authorize the County Attorney to transmit the proposed local bill to the Orange County legislative delegation. LAW OFFICES COLEMAN, GLEDHILL & HARGRAVE ALONZO BROWN COLEMAN,JR. 2 GEOFFREY E.GLEDHILL 129 E.TRYON STREET DOUGLAS HARGRAVE P.O.DRAWER 1529 KIM K.STEFFAN HILLSBOROUGH, NORTH CAROLINA 27278 JANET B.DUTTON (919)732-2196 FAX(919)732 7997 March 24 , 1993 The Honorable Representative Anne C. Barnes The Honorable Representative Joe Hackney The Honorable Senator Howard Lee The Honorable Senator Russell Walker State Legislative Building Raleigh, North Carolina 27611 Re: Amendment to the Enabling Legislation for the Orange County Civil Rights Ordinance Dear Representatives Barnes and Hackney and Senators Lee and Walker: The Board of Commissioners of Orange County has asked me to deliver to you its Resolution adopted March 23, 1993 requesting the introduction during the 1993 Session of the General Assembly of a Local Bill which will clarify and provide specifics to its present authority to adopt a local Civil Rights Ordinance. A copy of that Resolution is enclosed. The substance of the legislation requested is Attachment A to the Resolution. Chapter 246 of the 1991 Session Laws (Senate Bill 623) enabled Orange County to adopt a Civil Rights Ordinance. The work done by Orange County developing a Civil Rights Ordinance led the Board of Commissioners to conclude that there are advantages to the citizens of Orange County, potential complainants and respondents alike, if all the laws, federal, State and local, relating to discrimination are administered locally. The Board has fashioned a Civil Rights Ordinance which it thinks accomplishes that goal and which it has reason to believe will be accepted as "substantially equivalent" in the areas of employment and housing by the agencies of the United States responsible for making those determinations . Substantial equivalency is a necessary finding by the federal government before it will refer cases filed with it to a local government for handling. This referral has the potential for some level of federal funding. The Civil Rights Ordinance enabling legislation contained in Senate Bill 623 has neither the coverage (protected classes) nor the specific procedures and remedies needed for substantial equivalency. The rewrite of this enabling legislation, which is 3 Representative Barnes Representative Hackney Senator Lee Senator Walker Page 2 March 16 , 1993 Attachment A to the enclosed Resolution, provides the coverage, procedures,, and remedies considered to be critical for federal deteiminations . Thank you for your consideration of this Resolution and your support of this local bill, the only anticipated local legislative initiative of Orange County during this session of the General Assembly. Very truly yours , Geoffrey E . Gledhill GEG/mts Enclosure xc : Moses Carey, Jr. Alice Gordon Stephen Halkiotis Verla Insko Don Willhoit Lucy Lewis John Link, County Manager 4 NORTH CAROLINA RESOLUTION ORANGE COUNTY WHEREAS on June 10 , 1991 Senate Bill 623 was ratified by the General Assembly as Chapter 246 of the 1991 Session Laws . Senate Bill 623 enabled Orange County to adopt a Civil Rights Ordinance and to create an agency or commission to aid in the implementation of a Civil Rights Ordinance; and WHEREAS since June 1991, the Board of Commissioners has considered several draft Civil Rights ordinances and has received valuable input on the creation of a Civil Rights Ordinance from the Orange County Human Relations Commission and from the North Carolina Human Relations Commission; and WHEREAS it is necessary for the legislation enabling Orange County to adopt a Civil Rights Ordinance to be modified in some respects and made more specific, in order to implement a local Civil Rights Ordinance and to provide for local administration of federal and State laws prohibiting discrimination on the basis of race, color, religion, sex, national origin, age, disability, marital status, and veteran status . IT IS, THEREFORE, RESOLVED by the Board of Commissioners of Orange County that the Orange County delegation to the North Carolina General Assembly is respectfully requested to introduce before the North Carolina General Assembly, as a Local Bill, the Orange County Civil Rights Ordinance Enabling Legislation Amendments , Attachment A to this Resolution, in order to enable 3/4 0 3 Pliic= NORTH CAROLINA RESOLUTION ORANGE COUNTY WHEREAS on June 10, 1991 Senate Bill 623 was ratified by the General Assembly as Chapter 246 of the 1991 Session Laws . Senate Bill 623 enabled Orange County to adopt a Civil Rights Ordinance and to create an agency or commission to aid in the implementation of a Civil Rights Ordinance; and WHEREAS since June 1991, the Board of Commissioners has considered several draft Civil Rights ordinances and has received valuable input on the creation of a Civil Rights Ordinance from the Orange County Human Relations Commission and from the North Carolina Human Relations Commission; and WHEREAS it is necessary for the legislation enabling Orange County to adopt a Civil Rights Ordinance to be modified in some respects and made more specific, in order to implement a local Civil Rights Ordinance and to provide for local administration of federal and State laws prohibiting discrimination on the basis of race, color, religion, sex, national origin, age, disability, marital status , familial status, and veteran status . IT IS, THEREFORE, RESOLVED by the Board of Commissioners of Orange County that the Orange County delegation to the North Carolina General Assembly is respectfully requested to introduce before the North Carolina General Assembly, as a Local Bill, the Orange County Civil Rights Ordinance Enabling Legislation Amendments, Attachment A to this Resolution, in order to enable Orange County to implement a local Civil Rights Ordinance and to provide for local administration of federal and State laws prohibiting discrimination. Upon motion of Commissioner Insko , seconded by Commissioner Carey , the foregoing Resolution was adopted this the 23rd day of March , 19 93 . Ayes Chair Moses Carey, Jr. and Commissioners Stephen H. Halkiotis, Alice M. Gordon, Verla C. Insko and Don Willhoit Noes NONE • I, Beverly Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on March 23, 1993 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No . 27 of the minutes of said Board, beginning at page and ending at page WITNESS my hand and the seal of said County, this 24th day of March , 1993 . Clerk to e Board of -4mmissioners ATTACHMENT A Orange County Civil Rights Ordinance Enabling Legislation Amendments Sec . 1 . Part 2 of Chapter 246 of the 1991 Session Laws is amended by rewriting Section 6 to read as rewritten: "Orange County Civil Rights Ordinance . (a) The Board of Commissioners of Orange County (hereafter "Board of Commissioners " ) may adopt an ordinance (hereafter "the Ordinance " ) to prohibit discrimination in employment, housing, and public accommodations on the basis of race, color, religion, sex, national origin, age, disability, marital st '':us , and veteran status . The Board of Commissioners may include in the Ordinance a prohibition of language and/or conduct directed at an individual or at a group of individuals because of that individual 's or group of individual 's actual or perceived race, color, religion, sex, national origin, age, disability, marital status, or veteran status which communicates in a threatening manner words that incite imminent lawless action or which tend to incite an immediate breach of the peace (hereafter "hate crimes acts " . ) (b) The Board of Commissioners may, in the Ordinance, adopt procedures and delegate powers to the Orange County Human Relations Commission (hereafter "the Commission" ) which are necessary and proper for carrying out and enforcing the Ordinance. To assist in the enforcement of the Ordinance, the Commission shall be authorized, but not limited, to exercising the following powers : 1 { 1 . Receive and review complaints that allege a violation of the Ordinance has occurred, is occurring, or is about to occur; 2 . Conduct investigations into the bases of complaints . In this regard, the Commission shall be authorized to issue subpoenas compelling the production of documents and/or compelling witnesses to appear before the Commission to give testimony; and to take depositions and serve interrogatories in accordance with the North Carolina Rules of Civil Procedure . In the event any person refuses to comply with a subpoena or discovery request the Commission may apply to the Orange County Superior Court (hereafter "the Superior Court" ) for an order to compel compliance with the subpoena or discovery request. Information and records discovered by the Commission during an investigation or conciliation are not subject to the provisions of G.S . §5 132-6 and 132-9 until and unless they are offered into evidence in an administrative hearing conducted by the Office of Administrative Hearings or offered into evidence in a judicial proceeding authorized by this Act. 3 . Apply to the Superior Court for mandatory and/or prohibitory injunctive relief pursuant to Rule 65 of the North Carolina Rules of Civil Procedure if it determines , after a preliminary investigation that prompt judicial action is necessary to carry out the purposes of the Ordinance . 4 . Make a determination of whether or not there is reasonable cause to believe that an unlawful discriminatory practice has occurred, is occurring, or is about to occur; 2 5 . Dismiss complaints in such cases as the Commission determines that reasonable cause does not exist; 6 . Issue a right-to-sue letter to any complainant in such instances where the Commission has failed to make a determination on the issue of reasonable cause in a timely manner; determines that reasonable cause does not exist; or where conciliation efforts have failed; 7 . Attempt to conciliate a resolution of the complaint between the parties in such cases where the Commission has determined that reasonable cause exists to believe that a violation of the Ordinance has occurred, is occurring, or is about to occur; 8 . Enter into conciliation agreements in such instances where conciliation efforts have been successful; 9 . To make application, in its discretion, to the North Carolina Office of Administrative Hearings for the designation of an Administrative Law Judge to preside over a hearing in cases involving allegedly unlawful employment practices, public accommodations , or hate crimes acts after conciliation efforts have failed; 10 . To make application to the North Carolina Office of Administrative Hearings for the designation of an Administrative Law Judge to preside over a hearing in cases involving allegedly unlawful housing practices . (c ) The Ordinance may provide that in any case that is referred to the Office of Administrative Hearings , the Administrative Law Judge shall make written findings of fact and 3 9 conclusions of law, and shall issue a recommended decision to the Commission, which decision shall become final and binding unless the Commission acts within thirty ( 30) days of the date of the recommended decision to modify or reverse it . (d) The Administrative Law Judge shall be authorized to recommend the imposition of mandatory and prohibitory injunctive relief, compensatory damages , and punitive damages , and any other relief the Administrative Law Judge deems appropriate, provided that: 1 . Punitive damages may be recommended only if the Administrative Law Judge finds that the respondent engaged in a practice made unlawful under the ordinance with malice or with reckless indifference to the protected rights of the complainant; 2 . In cases involving unlawful employment practices the Administrative Law Judge may recommend reinstatement, hiring, and/or back pay. In all cases wherein the Commission applies to the Office of Administrative Hearings for the designation of an Administrative Law Judge, the Commission shall be the Complainant and the case in support of the Commission shall be presented by the Commission's attorney. The Administrative Law Judge may, in his or her discretion, recommend that the Respondent be awarded reasonable costs and attorney' s fees in the event the Respondent prevails . (e) Judicial review of any final agency decision shall be in accordance with Article 4 , Chapter 150B of the North Carolina 4 10 General Statutes (the Administrative Procedure Act . ) Provided, however, all petitions for judicial review shall be filed in the Superior Court of Orange County. The teLm "Agency, " whenever used in Article 4 of Chapter 150B shall mean the Commission. ( f) The Ordinance may provide that complainants who receive a right-td-sue letter from the Commission may file an action in Superior Court against the respondent . In such actions the Superior Court shall be authorized to impose mandatory and prohibitory injunctive relief, compensatory damages, and punitive damages, and any other appropriate relief to the same extent and subject to the same limitations as applies to any recommended decision made by an Administrative Law Judge. Provided further that in any action brought in the Superior Court pursuant to the Ordinance, the court may allow the prevailing party reasonable costs and attorney's fees from the other party or parties . (g) The Ordinance shall apply to any part of Orange County not within a municipally incorporated city, town, or village . The governing board of a city, town, or village within Orange County may, by resolution, permit an Orange County ordinance adopted pursuant to this section to be applicable within its corporate boundaries . A city, town, or village may, by resolution, withdraw its permission to enforce such an ordinance . If it does so, it shall give written notice to Orange County of its withdrawal of peLmission. Thirty ( 30 ) days after the date Orange County receives 5 11 the permission withdrawal notice, the county ordinance ceases to be applicable within the city, town, or village. (h) This section applies only to Orange County. " Sec . 2 . This Act is effective upon ratification. 6