HomeMy WebLinkAboutORD 6776 CITY CODE HUMAN RELATIONS
Augusta Richmond GA
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YEAR: d,CO'5"
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NUMBER OF PAGES:
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ORDINANCE NO.: 6776
AN ORDINANCE TO AMEND THE CODE OF AUGUSTA-RICHMOND'? --
COUNTY SECTION 1-4-110, et seq. "TO PROVIDE FOR ARE-STATED
S 1-4-110 THROUGH S 1-4-139 CAPTIONED "HUMAN RELATIONS
COMMISSION" AND TO REPEAL ANY CONFLICTING ORDINANCES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS
HEREBY ORDAINED BY THE AUTHORITY OF SAME, that the Augusta-Richmond County Code be
amended to provide for its Human Relations Commission to be re-stated by this consolidated agreement. To
provide for are-stated S 1-4-11 0 captioned "Human Relations Commission" and to repeal. any conflicting
ordinances.
SECTION 1:
SECTIONS S 1-4-110 THROUGH S 1-4-139 OF THE AUGUSTA-RICHMOND COUNTY CODE
(hereinafter "THE CODE") ARE RE-STATED AS IN THEIR ENTIRETY AS FOLLOWS:
ARTICLE 9
HUMAN RELATIONS COMMISSION
~ 1-4-110. ESTABLISHMENT.
The Human Relations Commission for Augusta-Richmond County, (hereinafter ("HRC"), previously
established by the Board of Commissioners of Richmond County, Georgia, is hereby amended, revised,
continued, and reconfirmed by the Augusta-Richmond County Commissioners, (hereinafter, ("the
Commission") .
~ 1-4-111. COMPOSITION, APPOINTMENTS, AND VOTING.
The HRC shall be composed often (10) members, with each Commissioner appointing one member to the HRC
to represent each Commission District at least six (6) of which should be minority. Each member shall be of
majority age and reside within Augusta-Richmond County. , and the Augusta-Richmond County Legislative
Delegation shall also appoint two members at large. The Mayor of Augusta-Richmond County (hereinafter
"Mayor"), or his or her designee, shall be an ex officio nonvoting member of the HRC. Appointments shall be
made in accordance with S 1-4-1 of the Augusta-Richmond County Code, (hereinafter "the Code"). The HRC
Chairman shall not vote except in the event of a tie vote among the voting HRC Commissioners.
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~ 1-4-112. TERMS OF OFFICE.
Members of the HRC appointed by Commissioners shall serve four-year terms beginning April 1 st of the
calend~r year in which his or her appointing Commissioner began his or her four-year term on January 1 st.
Members appointed by the Augusta-Richmond County Legislative Delegation shall serve four-year terms
beginning April 1 st of the calendar year following even-numbered years that are not evenly divisible by 4. In
the event of a vacancy, a successor may be appointed to serve during the unexpired term. Except as provided in
this paragraph, a member of the HRC may not be removed from office prior to the expiration of his or her term
except for cause as set forth in 9 1-4-4 of the Code. The provisions of Code 9 1-4-2(b) and 9 1-4-3 shall govern
removal actions. The unexcused absence of any member of the HRC from three (3) consecutive regular
meetings, or absences from more than four (4) meetings during any twelve month period, shall constitute cause
for removal of a member of the HRC. Per Code 9 1-4-1.1, the members of HRC shall determine whether an
excuse for an absence is adequate. The HRC may recommend removal of any member failing to meet .
attendance requirements.
9 1-4-113. OFFICERS; TERMS OF OFFICE, LIMITS THEREON
The HRC shall elect a Chairman, Vice-Chairman and such other officers as it deems necessary from its
members. Such officers shall serve in their respective offices for an initial term of one year or until their
successors shall be appointed. Officers shall serve for no more than two (2) consecutive one-year terms in the
same office.
g 1-4-114. COMPENSATION.
Members of the HRC shall serve without compensation. Members may be reimbursed for reasonable personal
expenses incurred in the performance of their duties. Request for approval of reasonable personal expenses
shall be submitted in writing. Approved requests for reimbursement shall be required before disbursement of
reimbursement proceeds, in accordance with applicable policies of Augusta-Richmond County and Code 9 1-4-
120 below.
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~ 1-4-115. EXECUTIVE DIRECTOR AND STAFF: DIRECTOR'S DUTIES,
The 'HRC shall employ an Executive Director qualified to provide leadership concerning human relations
among diverse members of this community. The Director shall serve at the pleasure of the HRC, subject to the
authority of the Commission. The telmination of the Director, or the employment of a new Director, shall
require the concurrence of the Commission. The Director shall coordinate the activities of the HRC and its
staff. Subject to approval of the HRC and within the budget of the HRC, the Director may employ necessary
staff. The compensation of the Director and other staff shall be as provided in the budget after such positions
have been classified and a salary grade established by the Augusta-Richmond County Personnel Board with the
approval of the Commission. The HRC shall perform an annual review of the Director's performance and
submit an annual written report to the Administrator of Augusta-Richmond County on or before March 31 st.
lt shall be the Duty of the Director, with the assistance of his staff, to:
a) Receive, initiate, investigate, decide and pass upon complaints alleging unlawful conduct and other
discrimination in employment or public accommodations because of race, religion, color, sex, national
origin, handicap or age:
b) Develop such policies and procedures for its own use in hearing and determining such complaints
consistent with due process; and
c) Issue rulings determinations to remedy any situation found to violate this article and prevent its
recurrence, to include, but not limited to, the restoration of the complainant's rightful place at hislher
employer as if the violation of this article had not occurred.
~ 1-4-116. DUTIES AND POWERS.
It shall be the duty of the HRC to:
(a) Promote amicable relationships among diverse groups of individuals and organizations through non-
discriminatory and equal treatment of others; investigate allegations of unlawful and discriminatory
practices; attempt to act as conciliator in controversies involving human relations; issue remedies for
violations of this article and prevent recurrence; conduct such investigations, studies and surveys and
conduct such public hearings as are necessary for the performance of the duties of HRC; conduct such
public hearings as are necessary for the performance of the duties of HRC; assist in improving the
equality of opportunity for employment and advancement in Augusta-Richmond County government;
(b) Educate the community through conferences, forums and other methods with respect to human relations
and unlawful practices;
(c) Coordinate activities among individuals and organizations concerned with these relationships;
(d) Investigate, receive and endeavor to remove inequalities in housing, recreation, education, employment,
law enforcement and other matters;
(e) Recommend methods of eliminating unlawful employment practices; recommend to the Commission
such additional ordinances and / or changes to existing ordinances as will aid in the carrying out the
purpose of this article; recommend such legislative action as HRC may deem appropriate; and
(f) Adopt, promulgate, amend or rescind suitable rules and procedures to carry out the provisions ofthis
article;
~ 1-4-117. UNLAWFUL EMPLOYMENT PRACTICES.
(a) It shall be an unlawful employment practice for an employer of fifteen (15) or more employees:
(1) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any
individual, with resp~ct to his or her compensation, benefits, terms, conditions or privileges of
employment because of such individual's race, color, religion, sex, national origin, age or handicap;
(2) To limit, segregate or classify employees or applicants for employment in any way which would
deprive or tend to deprive any individual of employment opportunities because of race, color, religion,
sex, national origin, age or handicap.
(b) It shall be an unlawful employment practice for an employment agency to discriminate against any
individual because of his /her race, religion, color, national origin, age, sex or handicap in receiving,
I ciassifying, disposing or otherwise acting upon applications for its services or in referring an applicant or
. applicants to an employer or employers covered by this article.
(c) It shall be unlawful employment practice for a labor organization with fifteen (15) or more members to
exclude or to expel from its membership any individual or to discriminate in any way against any of its
members or against any employer or any individual employee of an employer because of the race,
religion, color, national origin, sex, age or handicap of any individual..
~ 1-4-118. PROCEDURES FOR INVESTIGATION / HEARING OF COMPLAINTS..
Detailed procedures are set forth in the HRC Policy Manual and are incorporated by reference herein. A copy
of the policy can be obtained at the offices of Augusta-Richmond County. The following is a summary outline
of the procedures:
(a) Any person or persons alleging an unlawful practice prohibited by this article must file a written
complaint with the HRC Director, or one of his designated representatives, no later than one hundred
eighty (180) days after the alleged unlawful practice occurred.
(b) Upon receipt of a complaint, the HRC Director shall serve a copy of the complaint on the respondent
within ten (10) days of receipt thereof and shall initiate an investigation of the complaint.
(c) In conducting an investigation of a complaint filed under this article, the HRC Director, or his designated
representatives, shall have access at any reasonable time to premises, records, documents, individuals and
other evidence or possible sources of evidence relevant to the complaint and shall have the right to
examine, record, photograph and copy such materials and take and record the testimony or statements of
such person as are reasonably necessary for the furtherance of the investigation; however, the HRC
Director, and/or designated representatives, must first comply with the provisions of the Fourth
Amendment relating to unreasonable searches and seizures. Failure of any party to cooperate in the
reasonable investigative efforts shall be noted in the official report of investigation.
(d) lfthe HRC Director determines after such investigation that there is reasonable cause to believe the
charge is true, he shall endeavor to eliminate any such alleged unlawful practice by informal and
. voluntary methods of conference, conciliation and persuasion. During such informal endeavors, he may
. seek from the respondent such relief as may be appropriate, which may include, but is not limited to,
reinstatement or hiring of employees, with or without back pay, or any other equitable relief.
( e) All investigations, conferences and negotiations for conciliation pursuant to this article shall be
confidential. Further, at no time shall the results of any conciliation be made public without the
expressed written consent of the parties involved.
(f) Ifwithin ten (10) days after the HRC Director has determined that conciliation efforts have failed, he
shall so notify the parties in writing; and the respondent may request a bearing before tbe HRC within ten
(10) days of the receipt of sucb notice. If the HRC Director determines tbat tbe complaint as alleged is
not true, he shall dismiss tbe complaint and notify the parties in writing of sucb determination. Within ten
(10) days of receipt of such notice of dismissal, the complainant may request a bearing before tbe HRC.
A request for a bearing sball be granted expeditiously. No hearing may be bad from a finding and
determination of a lack of jurisdiction. At such bearing to be conducted by a quorum of tbe HRC, the
HRC may affirm or set aside tbe fmdings as set fortb in subsection (d) above, in whole or in part.
(g) lfthe HRC determines after a bearing that any respondent bas committed an unlawful act prohibited by
tbis article, and tbe respondent refuses to comply witb an order oftbe HRC witbin sixty (60) days after
notification of such final disposition, or if the respondent fails to request a hearing before the HRC within
ten (10) days after receipt of notice of failure of conciliation, tbe HRC may institute a civil court action in
tbe appropriate court for violation of any provision of tbis article or failure to comply with an order of the
HRC.
~1-4-119. OFFICE SPACE AND FACILITIES.
Tbe HRC is authorized to secure adequate office space for its Director and staff, subject to tbe approval of the
Augusta-Richmond County Commission.
~ 1.:4-120. HRC BUDGET AND FINANCIAL MATTERS.
The fIRC Director shall submit an annual proposed budget to the HRC subject to and consist~nt with the budget
process of Augusta-Richmond County. After approval by the HRC, the proposed budget shall be submitted to
the Administrator of the. Augusta Richmond-County Commission for timely approval. The budget shall contain
all revenues, regardless of source, and expenditures. The HRC shall be authorized to contract with state and
federal agencies. The HRC may apply for grants subject to the approval of the Commission. All expenditures
of the HRC shall be limited to those specified in the budget or expenditures authorized through any received
grants.
~ 1-4-121. INSPECTION AND AUDIT OF FINANCIAL RECORDS.
The financial records of the HRC shall be maintained by the Commission at its offices and may be audited
annually by a qualified external auditor, in the discretion of the Commission.
~ 1-4-122. MEETINGS.
The HRC shall set the time, place and frequency of its meetings to effectuate the purpose of this article. Such
meetings shall be open to the public and be conducted consistent with open meeting and open records statutes
~ 1-4-123. QUORUM.
Six (6) members of the HRC shall constitute a quorum for the transaction of business.
~ 1-4-124. RULES, BYLAWS AND POLICY MANUALS.
The HRC shall adopt such rules as it shall deem expedient for the conduct of its business. HRC employees
shall perform their duties in accordance with the Policy Manual adopted by the HRC. HRC employees are
employed by Augusta-Richmond County and are also subject to the Personnel Policies and Procedures
applicable to Augusta-Richmond County employees.
~ 1-4-125. REPORTS.
Not more than 30 days next following the ending of a calendar quarter, the HRC Director shall submit a written
report to the HRC summarizing the primary activities of the HRC employees. Such reports shall be made at
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l~aBt quarterly, along with such other reports as the Director may elect in his discretion to submit. Copies of all
reports shall be submitted to the Mayor, Administrator and Commission.
~ 1-4-126. EXEMPTIONS FROM THE JURISDICTION OF THE ORDINANCE.
This article shall not apply to religious corporations, religious associations, religious educational institutions or
religious societies with respect to the employment of individuals of a particular religion to perform work
connected with the carrying on by such corporations, associations, educational institutions or societies of its
activities. This article shall not apply to those individuals and organizations otherwise exempted from the
provisions of this Article by law.
~ 1-4-127. REMEDIES/APPEALS.
The HRC may institute a civil action in the appropriate court for violation of any provision of S 1-4-117 of this
article or failure to comply with an order of the HRC. The parties to the action would be entitled to a trial de
novo.
~ 1-4-128. COOPERATION.
The HRC shall invite and enlist the cooperation of ethnic, racial and religious groups and conununity
organizations in carrying on its work and act as a coordinating agency among them and such other groups in the
establishment and maintenance of education programs with a view to bringing about better intergroup and racial
relationships necessary or desirable to carry out specific programs designed to lessen the tensions or improve
understanding. The HRC shall also cooperate with the Mayor, Commission, other Augusta-Richmond County
agencies, state and federal agencies, citizens or citizens' organizations, the ARC Board of Education and
parochial and private schools as appropriate in effectuating the purposes and the objectives of the HRC to
promote better human relations.
~ 1-4-129. LEGAL SERVICES.
Legal representation of the Human Relations Commission, the Executive Director, and the officers and
employees of the Human Relations Commission in the course of their employment exclusively in civil actions,
including without limitation the rendering of advice and review of contracts and other materials, shall be
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provided by the Augusta-Richmond County attorney or his designee. Legal representation by counsel other
than the Augusta-Richmond County attorney or his designee shall require Commission approval.
~ 1-4-130. AGE LIMITATIONS.
The prohibitions in this article in reference to age shall be limited to individuals who are at least forty (40) years
of age.
~ 1-4-131.--~ 1-4-139. RESERVED.
SECTION 2:
All laws or ordinances or parts of laws or ordinances in conflict with this ordinance are hereby repealed.
SECTION 3:
This ordinance shall become effective upon its adoption in accordance with applicable laws.
Adopted this .!.L day of March , 200 '5,.
Augusta,
By:
J'i?
1st Reading ~~~;~~~
ATTEST: ~~
Clerk
I, the undersigned, , Clerk, do hereby certify that the foregoing is a true and correct copy
of an Ordinance adopted by said Augusta-Richmond County Commission at a meeting held on the following
date, to wit: , 2004, as the same appears on the minutes of said Commission this
day of , 2004.
Clerk
Published in the Augusta Chronicle March 24, 2005