(a) The city creates, hereby, the Human Rights Commission of the city, hereafter referred to as “the Commission”, to be comprised of no fewer than five members and no more than seven members who shall be broadly representative of the population of the city. On the basis of recommendations from any and all interested parties, including the City Council, as well as ethnic, racial, religious, neighborhood, civic, community, social, fraternal, educational, commercial and advocacy organizations, the Mayor shall appoint the members of the Commission, subject to confirmation by a majority vote of the whole membership of the City Council. Except for the initial appointees, the Commission members shall serve staggered three-year terms and may be reappointed for another three-year term after which the member shall not be reappointed for at least two years. Of the initial members appointed, two members shall be appointed for one year, two members shall be appointed for two years, and three shall be appointed for three years. Every member shall have been a resident of the city for at least one year prior to appointment and shall continue to be a resident so long as he or she shall serve as a member of the Commission. In the event of a vacancy, a replacement will be chosen by the Mayor and will serve out the remainder of the vacant term.
(b) The Commission shall elect its own chair and vice-chair by majority vote. The chair and vice-chair shall be voting members of the Commission and serve one-year terms. There shall be a three-term limit for officers. The Commission may create and modify rules regarding its meetings and procedures. The Commission may create and appoint task forces and committees it deems appropriate to carry out its functions. When appropriate for purposes of investigating and adjudicating complaints, cases will be assigned to panels consisting of three Commission members. The Commission chair and vice-chair will appoint Commissioners to panels and provide administrative oversight of panels; they will not serve on the panels. Each panel shall choose its own panel chair on a case-by-case basis.
(c) The work of the Commission shall be managed by an executive director, who shall be appointed by and serve at the pleasure of the Commission. The Commission shall employ such other persons as may be necessary to carry out its educational, administrative and investigative work.
(d) The responsibilities of the Commission staff, under the direction of the executive director, include managing Commission records and accounts, developing public education programs, providing training for Commission members, managing citizen complaints, seeking additional private-sector funding for the Commission, facilitating Commission scheduling and communication, and any other tasks needed to help the Commission perform its functions.
(e) In addition, the Commission may use the services of attorneys, hearing examiners, clerks and other employees and agents who are city government employees, except in those cases in which the city government is a party, and in which case the Commission may seek the City Attorney’s approval to engage appropriate counsel.
(f) In the enforcement of this chapter, the Commission and its panels shall have the following powers and duties:
(1) To receive, initiate, attempt to mediate, investigate, seek to conciliate, hold hearings on and pass upon complaints alleging violations of this chapter;
(2) To maintain an office in the city;
(3) To cooperate with relevant federal and state authorities;
(4) To present an annual report to the Mayor and to City Council setting forth the number of complaints received during the prior year, as well as the disposition of the complaints, and the number of findings of probable cause of violation. The Commission shall publish this report and make it available in some format to the general public;
(5) To require answers to interrogatories, compel the attendance of witnesses, examine witnesses under oath or affirmation in person by deposition and require the production of documents relevant to the complaint. The Commission may make rules authorizing or designating any member or individual to exercise these powers in the performance of official duties;
(6) To cooperate with community, professional, civic and religious organizations, as well as state and federal agencies, in the development of public education programs regarding compliance with the provisions of this chapter and equal opportunity and treatment of all individuals;
(7) To conduct tests to ascertain the availability of housing, both in sales and, also in rentals of real property;
(8) To prepare an annual budget to be presented to and approved by the City Council; and
(9) To develop and maintain a website that provides information on this chapter, grievance procedures, the Commission’s annual report and any other information that would further the purposes and intentions of this chapter.
(Ord. 50-11, passed 7-19-2011)