(A) Policy and purpose. It is the public policy of the city to fulfill its responsibility as a partner of the state’s Department of Human Rights in securing for all citizens equal opportunity in housing, employment, public accommodations, public services and education and to work consistently to improve the human relations climate of the city. The purpose of the Commission is to secure for all citizens equal opportunity in employment, housing, public accommodations, public services and education and full participation in the affairs of the community by assisting the state’s Department of Human Rights in implementing the state’s Act Against Discrimination, being M.S. §§ 363A.01 et seq. and by advising the city on long range programs to improve community relations in the city.
(B) Establishment and composition. A Human Rights Commission is hereby established. Members of the Commission shall be appointed with due regard to their fitness for the efficient dispatch of the functions, powers and duties vested in and imposed upon the Commission.
(C) Duties and responsibilities. In fulfillment of its purpose, the Commission’s duties and responsibilities shall be to:
(1) Adopt bylaws and rules for the conduct of its affairs including the election, assumption of duties and definition of responsibilities of officers and committees;
(2) Draft a memorandum of agreement with the state’s Department of Human Rights for the purpose of determining regulatory and enforcement procedures;
(3) Enlist the cooperation of agencies, organizations and individuals in the community in an active program directed to create equal opportunity and eliminate discrimination and inequalities;
(4) Formulate a human relations program for the city to give increased effectiveness and direction to the work of all individuals and agencies addressing themselves to planning, policy making and educational programming in the area of civil and human rights;
(5) Advise the Mayor, the Council and other agencies of the government on human relations and civil rights problems. Act in an advisory capacity with respect to planning or operation of any city department on issues of civil and human rights and recommend the adoption of such specific policies or actions as are needed to provide for full equal opportunity in the community; and
(6) Develop in cooperation with the state’s Department of Human Rights such programs of formal and informal education as will assist in the implementation of the state’s Act Against Discrimination and provide for the Commission’s assumption of leadership in recognizing and resolving potential problem areas in the community.
(D) Handling reports of discrimination.
(1) Definition. An unfair discriminatory practice is any act described in § 363.03 of the state’s Human Rights Act.
(2) Option. Anyone may report information of an unfair discriminatory practice to either the Commission or the state’s Department of Human Rights, as specified in § 363.116 of the state’s Human Rights Act: “The charging party has the option of filing a charge either with a local commission or the department. The exercise of such choice filing a charge with one agency shall preclude the option of filing the same charge with the other agency. At the time a charge comes to the attention of a local agency, the agency or its representatives shall inform the charging party of this option, and of his rights under this act”.
(3) Principles. In handling reports of discrimination, the Commission shall make every effort to find solutions that improve human relations in the city, that do not increase polarization of citizens, and that respect the rights of all parties to any charge of discrimination. The more formal and specific the charges, the more formal the procedures for handling the matter. The Commission’s primary role is advisory and persuasive; it does not possess some of the quasi-judicial functions of the state’s Department of Human Rights.
(4) Investigation. Commissioners as assigned by the Chairperson shall investigate any report of an unfair discriminatory practice to determine whether there is probable cause to believe that any allegation of unfair discrimination is well founded. The Commission shall immediately endeavor to eliminate any unfair discriminatory practice or to resolve the matter by conciliation and persuasion. The Commission shall carry on such activities in consultation with the City Attorney’s office.
(5) Commission review. Reports will be made at each Commission meeting on the progress of all current investigations of reports of discrimination. At the conclusion of each investigation, the Commission shall ordinarily adopt a statement of its findings and recommendations. (Commission recommendations may include suggestions for further conciliation, specific actions by either party to the matter or administrative or legislative remedy.)
(6) Referrals. The Commission may refer matters needing further investigation or action beyond the Commission’s authority to the Council, the Board of Education or school district administration or to the state’s Department of Human Rights.
(7) Reports. The findings and recommendations of the Commission shall be reported in writing to all parties involved in a report of unfair discrimination, to the Council and/or Board of Education, and to the state’s Department of Human Rights.
(E) Formal charges and hearings.
(1) Charges. In the event the report of an unfair discriminatory practice appears to be well founded and cannot be resolved by conciliation, persuasion and/or administrative or legislative remedy, a verified written charge under oath may be filed with the Commission. Such a charge shall state the name and address of each person complained against (respondent) and shall set forth the pertinent facts as known to the charging party. A charge of an unfair discriminatory practice must be filed within six months of the occurrence of the practice. The Commission shall hold a hearing within 30 days of the filing of the charges.
(2) Setting hearing. The Commission shall set a time and place within the city for the hearing of the charge of unfair discrimination and the answers to the allegations thereof.
(3) Notice. All affected parties shall be given notice of the time and place of hearing at least ten days prior to the date of hearing by registered mail or other personal service.
(4) Conduct of hearing. In conducting a hearing, the Commission shall have full authority to administer oaths, to receive testimony and other competent evidence relative to the matters in question, and to hear, examine and cross-examine witnesses. Both the charging party and the respondent shall appear in person at the hearing and may be represented by counsel; both may call witnesses on their behalf and take their testimony. All witnesses, including the charging party and the respondent, may be examined and cross-examined. The Commission shall not be bound by the strict rules of evidence applicable to judicial proceedings, but its findings must be based on competent evidence. Each witness shall testify under oath. A stenographic record shall be made of the proceedings or an electronic recording device may be used. A member of the City Attorney’s staff shall be present at the hearing and shall assist the Commission in the conduct of the hearing.
(5) Commission action. At the conclusion of a hearing, the Commission shall adopt a statement of its findings and recommendations and report same in writing to all parties involved, to the Council and/or Board of Education and to the state’s Department of Human Rights.
(6) Referral to City Attorney. The findings and recommendations of the Commission shall be forwarded to the City Attorney for determination as to whether or not a criminal complaint should be issued concerning the alleged unfair discriminatory practice.
(Ord.101, effective 3-8-1969; Ord. 101-A, effective 6-26-1976)