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HomeMy WebLinkAboutORD-2019-007 Amendment to the Civil Rights Ordinance ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 7, 2019 Action Agenda Item No. 8-i SUBJECT: Amendment to the Civil Rights Ordinance DEPARTMENT: Human Rights and Relations ATTACHMENT(S): Draft Ordinance Resolution INFORMATION CONTACT: Annette M. Moore, (919) 245-2317 PURPOSE: To consider a resolution approving an amendment to the Orange County Civil Rights Ordinance, Orange County Code of Ordinances § § 12-17(e) and 12-18(l). BACKGROUND: On June 6, 1994, the BOCC adopted the Orange County Civil Rights Ordinance. Shortly, thereafter the towns of Hillsborough, Carrboro and Chapel Hill also adopted the Ordinance by resolution. The Civil Rights Ordinance requires that members of the Human Relations Commission review administrative hearings when either a person appeals a director’s “no cause” decision or the recommended decision of an administrative law judge after a hearing. At the time of the adoption of the Civil Rights Ordinance, the County did not have professional staff or access to the training for a Human Relations Commissioner that exists today. With the available training that exists from the United States Department of Housing and Urban Development (“HUD”), department staff and the extensive network of professional trainers, limiting training to the North Carolina Human Relations Commission does not benefit the County’s Civil Rights program. The Department is recommending the BOCC remove the limiting language in the Ordinance so that staff can pursue professional trainers paid for by HUD to train Human Relations Commissioners. FINANCIAL IMPACT: There is no financial impact associated with this item. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this item: • GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY The fair treatment and meaningful involvement of all people regardless of race or color; religious or philosophical beliefs; sex, gender or sexual orientation; national origin or ethnic background; age; military service; disability; and familial, residential or economic status. • GOAL: ENABLE FULL CIVIC PARTICIPATION Ensure that Orange County residents are able to engage in government through voting and volunteering by eliminating disparities and barriers to participation. RECOMMENDATION(S): The Manager recommends that the Board adopt and authorize the Chair to sign the resolution approving an amendment to the Orange County Civil Rights Ordinance, Orange County Code of Ordinances § § 12-17(e) and 12-18(l). 1 DRAFT ORD-2019-007 Section 12-17(e). Reasonable Cause, Conciliation Efforts and Right to Sue Letters (e) In the event the Commission staff determines that reasonable cause does not exist, the Complainant may make a written request to the Commission that such decision be reconsidered. Such request shall be filed with the Commission staff within 30 days of the date the Commission staff issued its finding of no reasonable cause. The request for reconsideration shall be heard by a panel of three Commission members. The panel members shall be selected by the Commission. As a prerequisite to serving on this panel, the Commission member shall receive appropriate training by the North Carolina Human Relations Commission. Such training shall include Ordinance coverage and scope, how to prove if discrimination has occurred, and how to determine appropriate remedies if discrimination is proved. Section 12-18(l).The panel members shall be selected by the Commission. (l) The panel members shall be selected by the Commission. As a prerequisite to serving on this panel, a Commission member shall receive appropriate training. by the North Carolina Human Relations Commission. Such training shall include Ordinance coverage and scope, how to prove if discrimination has occurred, and how to determine appropriate remedies if discrimination is proved. 2