(a) There is hereby established the City Human Relations Commission. The Commission shall be composed of eleven (11) members, at least eight of whom shall be City residents, selected from a broadly representative cross-section of the City's racial, ethnic and economic groups, sympathetic with the principles and purposes of this article, appointed by the Mayor subject to the approval and confirmation of Council. All appointments shall be for three(3)-year terms, and members shall serve without compensation.
(1) Any vacancy on the Commission arising from expiration of term or other cause shall be filled for the unexpired terms in the same manner as original appointments. All reasonable efforts will be made to fill any vacancy within sixty (60) days from the date of its occurrence with a duly appointed, approved, and confirmed Commissioner.
(2) A Commissioner whose term has expired shall continue to serve until replaced by a duly appointed, approved, and confirmed Commissioner.
(3) Six (6) members of the Commission or a majority of those duly appointed and qualified shall constitute a quorum for transacting business, and a majority vote of those present at any meeting shall be sufficient for any official action taken by the Commission.
(b) The Commission is hereby vested with the authority to administer and enforce this article and in connection therewith it shall have the following powers and duties:
(1) To establish and maintain a central office in any municipality, with the approval of City Council, in York County that has entered into an affiliation agreement with the City of York.
(2) To meet and function at any place in any municipality in York County that has entered into an affiliation agreement with the City of York.
(3) To appoint attorneys to render legal advice to Commission members on matters appearing before it.
(4) To appoint employees and agents as it may deem necessary, fix their compensation subject to Article 165 (Employment Provisions) with the prior approval of the Mayor and Council; subject employees to Article 167 (Officers and Employees Retirement System), and prescribe their duties in accordance with practices and procedures adopted by the Commission, and also with annual or more frequent work plans adopted and regularly monitored by the Commission. Within these parameters set solely by the Commission, employees shall be City employees and subject to City administrative policies, procedures, rules and regulations, with administrative oversight of employees' activities to be carried out by the City's Chief Human Resources Official in consultation with the Commission's chair or designee.
(4.1) Staff duties include, but are not limited to:
A. The responsibility to initiate, receive, investigate and pass upon complaints charging unlawful discriminatory practices.
B. To assist the Commission to otherwise enforce the article.
(4.2) Cost of Living Adjustment for HRC Employees: Employees of the York City Human Relations Commission shall receive an annual cost of living adjustment to their salary as recommended by the Mayor and approved by the City Council in the annual City budget.
(5) To adopt, promulgate, amend, and rescind rules and regulations to effectuate the policies and provisions of this article and to make recommendations to agencies of the City and Council to effectuate such policies.
(6) To study the problems of discrimination in all or specific fields of human relationships when based on race, color, familial status, religious creed, ancestry, age, sex, national origin, disability, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, or the use of a guide or support animal because of the disability of the user or because the user is a handler or trainer of support or guide animals, and foster, through community effort or otherwise, good will among the groups and elements of the population of the City, as well as seeking the creation of a joint City-County Commission on Human Relations.
(7) To issue such publications and such results of investigations and research as, in its judgment, will tend to promote good will and minimize or eliminate discrimination because of race, color, familial status, religious creed, ancestry, age, sex, national origin, disability, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, or the use of a guide or support animal because of the disability of the user or because the user is a handler or trainer of support or guide animals.
(8) To prepare and distribute fair practices notices.
(9) From time to time, but not less than once a year, a report to Council, describing in detail the investigations, proceedings, hearings and studies it has conducted and their outcome, the decisions it has rendered and the other work performed by it and make recommendations for such further legislation concerning abuses and discrimination because of race, color, familial status, religious creed, ancestry, age, sex, national origin, disability, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, or the use of a guide or support animal because of the disability of the user or because the user is a handler or trainer of support or guide animals, as may be desirable.
(10) To elect one of its members as chairperson and such other officers as it may deem necessary.
(11) To request other departments, boards and commissions of the City government to assist in the performance of its duties and such other departments, boards and commissions shall cooperate fully with the Commission.
(12) To inspect, upon request, such records of the Commonwealth or any other political subdivision, board, department, commission or school district thereof as it may deem necessary or advisable to carry into effect the provisions of this article.
(13) To investigate where no complaint has been filed, but with the consent of at least eight of the members of the Commission any problem of racial discrimination with the intention of avoiding and preventing the development of racial tension.
(14) On the request of Council, to investigate claims of excessive use of force by police in civil rights protest activities.
(15) To hold hearings, subpoena witnesses, compel attendance, administer oaths, take testimony of any person under oath or affirmation and, in connection therewith, to require the production for examination of any books and papers relating to any matter under investigation. The Commission may make rules as to the issuance of subpoenas by individual Commissioners. In case of contumacy or refusal to obey a subpoena issued to any person, any court of jurisdiction, upon application by the Commission, may issue to such person an order requiring such person to appear before the Commission, to produce documentary evidence, if so ordered, or to give evidence touching the matter in question, and any failure to obey such order of the court may be punished by such court as a contempt thereof. No person shall be excused from attending and testifying or from producing records, correspondence, documents or other evidence in obedience to the subpoena of the Commission or of any individual Commissioner, on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture, but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled after having claimed his privilege against self incrimination, to testify or produce evidence, except that such person so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. The immunity herein provided shall extend only to natural persons so compelled to testify.
(Ord. 32-2022. Passed 5-18-22.)